Hello I am getting married in December. My boyfriend entered illegally into the country about 7 years ago. We will have been together 2 years. He has no previous crimes and has paid his taxes every year. I would like to know what is the best way to go about this. I would also like to know if doing it with a lawyer is better. I would also like to know the chances of getting everything approved, as well as an average cost. My last question is how do I make sure that a lawyer is good. I'm worried that the chances are very slim in being accepted. I appreciate all advice and answers in advance.
If he does not have multiple illegal entries, the chances are good that he gets a waiver approved. Definitely use an attorney and make sure the attorney is licensed. Check the attorneys avvo rating and client reviews and find out if the attorney has handled similar cases previously. Good luck!
Dhenu Savla, Esq.
SwagatUSA, LLC
www.swagatusa.com/attorney
As to your last question, whether a lawyer is any good, you usually want a lawyer that primarily practices immigration. There are plenty of these lawyers in the Chicago/suburbs area.
Another good tactic is to ask a lawyer you know for a recommendation. Most of us know lawyers that practice in other areas and can recommend someone that will treat you well. Additionally, if you have a friend that has gone through immigration, you can ask the friend for attorney recommendations.
It usually isn't the best idea to hire a lawyer simply because they have a large advertising budget (commercials, ads everywhere). Budget size is not necessarily correlated with competence.
Based on what you described, there does not seem to be any reason why your husband would not be granted legal status in the US. You would need to file a petition for him and he would need to file a provisional waiver that should be provisionally approved in the US before he has to return to this home country for his Visa to return tot he US. The trip to his home country should be short and painless and not as scary as it may sound. Before you do anything, please consult an immigration attorney who handles these types of cases.
Best,
Khaja M. Din, Esq.
Din Law, LLC
(312) 361-8462
www.DinLaw.com
Free Initial Consult For All Your Immigration Questions
You should definitely meet with an attorney to go over a number of specific details about your fiancee's immigration history which could make him eligible for adjustment of status in the US - but assuming that he is not (because of entering the country illegally) after you are married you can petition for him by filing form I-130 (with supporting documents). Once the I-130 is approved it is forwarded to the consular post abroad where he will be completing the process, but once he leaves to go to the interview, he will become unable to get a visa for 10 years (because of how long he will have been here before he leaves). There is a waiver available so that he can return sooner, but whether he qualified will depend on various factors that you should discuss with an attorney directly. You do not say whether you are a US citizen or permanent resident - but if you are a US citizen, you can apply for the waiver ahead of his leaving. This would allow him to return faster than if you wait to apply until he after he leaves. If you are a permanent resident, though, you would not be able to use this process (called a provisional or stateside I-601A waiver), and you would also need to make sure that a visa is available for him at the time that you marry (spouses of permanent residents don't have to wait right now, but that could change by December). Whether the chances are good or slim will depend on the facts of your case, as will the cost of the case - though you can probably expect to pay several thousand dollars because the process will take several months and in some cases can take even years.
As far as selecting an attorney, it's a bit like selecting a car: how good one is will largely depend on your particular preferences. Some people look for membership in associations such as AILA, some people prefer someone who speaks a foreign language, some people look for an office that is easy to get to. You should probably consult with various attorneys in person (or over the phone, or Skype, or however you'd like) and get a sense of whether they are a good fit for you. Good luck!
There are many moving parts to a case such as yours. You would do well to schedule an appointment with an experienced immigration attorney. Check aila.org for an attorney in your area.
I agree with my colleagues. He will need a waiver that shows extreme hardship. It is best to consult an attorney.
One way to know if a lawyer is good is to schedule a consultation and talk to the attorney in-person, by phone or Skype. Ask the attorney: have you worked on my kind of case before? How will I be able to reach you if I have questions? Will you attend my USCIS interview with me? In talking with the attorney you will be able to tell how comfortable you are in dealing in important personal issues with this individual. Talk to several, until you feel comfortable with one.
An immigration attorney can assist you with this. Schedule a consultation soon.
Doing things through a lawyer is the rule of thumb. The lawyer will be able to analyze your case and tell you how to proceed. There is a new process to apply for a provisional waiver for cases like his. These are complicated and should be handled by an attorney. Good luck!!
You will need to file a visa petition for him, which will be sent to his home country. He will need a waiver to return. To get the waiver, he needs to show extreme hardship to his spouse or parent, who is a US citizen or permanent resident. Call and meet prospective lawyers and decide who you think is best.
