485i...should I do it without an attorney?

[demedja]

Hi, everybody. My case is a bit complicated. I'm many years out of status and have worked without a EAD. I now have 2 approved I-130s. One done by my mother and one done by my sis. They are both naturalized citizens. I was going to go back to my home country and do consular processing for the petition that was filed by my mom since that one came through first. But a friend advised me not to do this since I would get the 10 year ban for being here out of status so long. The petition my sister did took 11 years and was only recently approved, but I found out a few days ago that because she did it just before the April 2001 cutoff that I could stay here and do an AOS with a 485i if I pay the $1000 fine. I've decided that I'd rather pay the fine and do the 485i. What I'd like to know is how difficult it actually is to do this on your own because I don't have a lot of money and would rather not have to pay a lawyer if I don't have to.

I still have the passport that I came here with that shows my visas and the immigration entry stamps, but I no longer have the I-94. I don't have any arrests or criminal stuff. the SSN that I used for work is a legal # that was issued to me by the SSA and I have a valid driver license that was issued to me also. Been paying taxes, etc the whole time I've been here. How screwed am I for working without the EAD, and can I be deported while my application is pending? If I have a job, will I have to stop working and apply for an EAD? Would they even consider an EAD for someone in my situation?

What do you guys think, will having an attorney improve my chances? Or will it not make much of a difference.

Thanks.

[barbarajlw]

Hi, everybody. My case is a bit complicated. I'm many years out of status and have worked without a EAD. I now have 2 approved I-130s. One done by my mother and one done by my sis. They are both naturalized citizens. I was going to go back to my home country and do consular processing for the petition that was filed by my mom since that one came through first. But a friend advised me not to do this since I would get the 10 year ban for being here out of status so long. The petition my sister did took 11 years and was only recently approved, but I found out a few days ago that because she did it just before the April 2001 cutoff that I could stay here and do an AOS with a 485i if I pay the $1000 fine. I've decided that I'd rather pay the fine and do the 485i. What I'd like to know is how difficult it actually is to do this on your own because I don't have a lot of money and would rather not have to pay a lawyer if I don't have to.

I still have the passport that I came here with that shows my visas and the immigration entry stamps, but I no longer have the I-94. I don't have any arrests or criminal stuff. the SSN that I used for work is a legal # that was issued to me by the SSA and I have a valid driver license that was issued to me also. Been paying taxes, etc the whole time I've been here. How screwed am I for working without the EAD, and can I be deported while my application is pending? If I have a job, will I have to stop working and apply for an EAD? Would they even consider an EAD for someone in my situation?

What do you guys think, will having an attorney improve my chances? Or will it not make much of a difference.

Thanks.

I am not conversant with your situation but I would suggest strongly you get a very good attorney, someone who knows what they are doing. As you are so out of status you need all the help you can get.

[demedja]

Anyone here who's actually done a 485i on their own who could tell me what their experience with the process was like? thanks.

[barbarajlw]

Anyone here who's actually done a 485i on their own who could tell me what their experience with the process was like? thanks.

It's actually a I-485 and I did mine myself. It is long and tedious but was approved in 4 months 1 week with 2 rfe.

[daru786]

Hi, everybody. My case is a bit complicated. I'm many years out of status and have worked without a EAD. I now have 2 approved I-130s. One done by my mother and one done by my sis. They are both naturalized citizens. I was going to go back to my home country and do consular processing for the petition that was filed by my mom since that one came through first. But a friend advised me not to do this since I would get the 10 year ban for being here out of status so long. The petition my sister did took 11 years and was only recently approved, but I found out a few days ago that because she did it just before the April 2001 cutoff that I could stay here and do an AOS with a 485i if I pay the $1000 fine. I've decided that I'd rather pay the fine and do the 485i. What I'd like to know is how difficult it actually is to do this on your own because I don't have a lot of money and would rather not have to pay a lawyer if I don't have to.

I still have the passport that I came here with that shows my visas and the immigration entry stamps, but I no longer have the I-94. I don't have any arrests or criminal stuff. the SSN that I used for work is a legal # that was issued to me by the SSA and I have a valid driver license that was issued to me also. Been paying taxes, etc the whole time I've been here. How screwed am I for working without the EAD, and can I be deported while my application is pending? If I have a job, will I have to stop working and apply for an EAD? Would they even consider an EAD for someone in my situation?

What do you guys think, will having an attorney improve my chances? Or will it not make much of a difference.

Thanks.

You DO NOT need and attorney!!!!!!!!. Seems like some folks are either attorneys or work for attorneys to scare people off. DO NOT leave the country or else you will be banned for 10 years. All you need is to fill out the necessary forms and apply. I believe a total of $2010, including fees and fine. DO NOT travel till you receive your actual physical GREEN CARD. Use the petition which was filed by your sister. And yes, you are right, IT IS CALLED 245i protection. If you are married and have kids, they will benefit also provided you have to file I-485 for each of them and pay fees and fines for them too. You should be able to get your EAD in 3 months and your GC in about 3 and half months.
Any questions, feel free to ask...........
You should file I-485, I-485a, I-765, G-325a and I-864. I-864 is affidavit of support filed by your sponsor to take financial responsibility for you till you become a US Citizen. You will need to file form I-693 (Medical Examination) form and report. This will be filled by the USCIS approved doctor. You can get a list of USCIS approved doctors in your area. Make a complete package and send it by either certified mail or fedex. I believe you will have to fill 3 or 4, G-325a forms. It will be the same form and same information. But for some reason USCIS requires 3 or 4 in original to be filed.
Further more, you will need to include copies of proof of relationship between you and your sister. Also proof that you were present in US on our before December 2000.
God Bless
Good Luck!!!!!!!!!!

[demedja]

Wow, thanks so much for that detailed response. And thanks to Barb also. I really appreciate it. I was wondering if DHS would accept the application and the fees and then just arbitrarily deny the case. Guess there's hope for me after all. Once again...thanks a bunch!

[daru786]

Wow, thanks so much for that detailed response. And thanks to Barb also. I really appreciate it. I was wondering if DHS would accept the application and the fees and then just arbitrarily deny the case. Guess there's hope for me after all. Once again...thanks a bunch!

They shouldn't deny your case until and unless they have a solid reason to do so. If they need more documentation, they will ask for it. Make sure you file soon as they availability of visas are low and that may delay your GC.
Good Luck!

[jphang]

please help me here, daru786

Hi Daru, my case is similar, you may can help me out, I came to the states in 2002, and I had been working using a non valid social security number, I just got married to an american citizen, I am about to fill all the forms up, but on the I-130 is a section that ask you about your current employer, do I going to have to stop working for them? That's my main concern right now, because I have all the rest in order, I paid my taxes on time every year, I came to the states legally, I have my passport stamped and I don't have any criminal records, please help me with this.
Thank you!!!!

[daru786]

Hi Daru, my case is similar, you may can help me out, I came to the states in 2002, and I had been working using a non valid social security number, I just got married to an american citizen, I am about to fill all the forms up, but on the I-130 is a section that ask you about your current employer, do I going to have to stop working for them? That's my main concern right now, because I have all the rest in order, I paid my taxes on time every year, I came to the states legally, I have my passport stamped and I don't have any criminal records, please help me with this.
Thank you!!!!

Please state the truth and fill the section with your current employer's information. I don't correct or incorrect social security is mentioned.
Have faith and by cool, All Will Be Well!
God Bless!