GREEN CARD ATTORNEY FOR SPOUSE

IS AN IMMIGRATION LAWYER NECESSARY FOR ADJUSTMENT OF STATUS FOR MY WIFE?

Calling the USCIS (Again)

Immigrating to the USA is an important life experience but moving to a new country can be stressful.  Many husbands of foreign wives turn to an American immigration lawyer to help them with the immigration process. The assistance of a kind and competent immigration lawyer can really help a new marriage go well.

Why Can’t I Rely on American Government Websites for Reliable Immigration Information?

The USCIS government websites are getting better and better.  However, there still are problems:

• Government immigration agencies are not responsible or liable when they give you the wrong information because their websites are outdated.  For example, if you rely on the USCIS government website and send the wrong forms to the wrong place with the wrong amount of money it may be rejected, you may miss a deadline, and/or you may not get your government fee money refunded. The USCIS considers the forms you submit as your “legal case” so if they are submitted improperly it still may count against you.

• Government immigration agencies are predisposed to keep foreign people out of the USA, especially due to the high unemployment rate for American citizens.  Oftentimes these sites only give you a piece of the information, such as “if you have a green card you can stay outside the USA for up to 1 year.”  They neglect to tell the caller the full story, such as (a) If you try to return to the USA 1 day late due to a plane delay your green card is no longer valid to re-entry the USA; or (b) If you are outside the USA over 180 days your application for American citizenship may be seriously delayed.

• Government immigration agency 1-800 Customer Service Representatives are not immigration lawyers, immigration officers, or adequately trained in immigration law. They read their answers off of a cue card.  There is no way for them to answer phones 8 hours a day and also keep up with the daily changes in immigration law unless they volunteer to do so on their time off, which most don’t.  For example, a Customer Service Representative told my client (before he hired me) that his certified letter sent to the USCIS was sufficient to request a new date for his marriage green card interview, and then his wife’s case was closed and she was put in deportation proceedings. You can imagine the arguments that took place between husband and wife because he had not wanted to hire an immigration attorney and she did.  It took a lot of work for us to get the USCIS to admit to their mistake and reopen her case, but we did it.

• Government agency personnel, whether they are the USCIS Customer Service Representatives or the USCIS INFOPASS District Office Immigration Officers, do not have the time to (a) find your wife’s case file; or, (b) read her entire immigration history, which is necessary to give you the correct advice on how to proceed. Let’s say your wife entered the USA with a B-2 Tourist Visa and you are seeking to adjust (get a green card) her status in the USA based on her marriage to you, a U.S. citizen. The issue of “intent” will likely be an issue in her case, but the Customer Service Representative has no obligation to tell you (if they even know). If you file her adjustment case on your own, and the USCIS determines that her “intent” was to enter the USA as a B-2 Tourist and adjust status through her spouse in the USA, the USCIS can claim that she committed visa fraud and deny her a green card on that basis and you will never see it coming.  Had you known about that rule, there are easy ways to fix that situation, but the USCIS has no obligation to tell you before you make the mistakes.

Filling Out USCIS Forms for New Wife's Green Card

It takes a lot of time to figure out which forms to file, what documents to attach to the forms, where to send the forms, and how much money to send with the forms.  The immigration governmental agency websites have out of date and confusing instructions that go with the forms and a lack of inside information could lead to mistakes that can be costly in terms of time and money. If you have to hire an immigration lawyer later, your mistakes may limit your options and immigration lawyers are likely to charge more to clean up the mess.

A good immigration lawyer should be able to give you an honest and thorough assessment of your case and be able to explain the options that are available to you based on not only the current law, but changes that are in the legislative and judicial pipeline at any given time.  The immigration lawyer can then work with you to prepare your case and represent you before the USCIS.

The immigration lawyer can explain to the USCIS government agency why your case meets the requirements of the law and if problems arise, the lawyer often has additional resources available to help resolve the issues or can prepare your case for an appeal.  I cannot tell you how many husbands have thanked me for repeatedly explaining everything to their wives and emailing them often about the progress of their case, thus making their lives much easier and less stressful.  I personally have gone through the adjustment of status process (my husband is from Holland) so I know first hand the anxiety that does with trusting your future to a governmental agency!

Many immigration lawyers specialize in a certain type of immigration law.  The subspecialties are employment, adjustment of status through family, asylum, deportation, business, investment and citizenship. It is important to question the immigration lawyer about whether they have a strong background in your particular type of case. We have done hundreds of these adjustment of status cases over the last 12 years for many husbands and wives.

The relationship with your immigration lawyer is important.  Finding a lawyer who really seems to care about your case results in a trusting relationship and a good overall experience. The immigration lawyer normally works for both the husband and the wife in a marriage green card case, so that both of them always know what’s going on in the case.

American immigration lawyers have clients all over the USA and often handle cases completely through fax, phone, mail, and email. We are in San Diego, California but currently we have clients in Florida, Washington, Alaska, Arizona, Texas, Kentucky, Michigan, California and New York.  We also represent some family members who are still in their countries, such as Brazil, Canada, France, Germany, Mexico and South Africa.

Figuring Out USCIS Instructions for Wife's Green Card

There are actually immigration lawyers out there who swear they have never lost a case even after a lengthy career. Be nervous about immigration lawyers who promise 100% success as we are not allowed to do that.  An immigration lawyer who honestly presents the risks is worth a lot more. Likewise, be careful of immigration attorneys who claim to have special influence with the USCIS government agencies – that is out of the ordinary.

Due to the economy, some people will not have the money to be able to hire an immigration lawyer to handle the full adjustment of status process due to the costs.  More and more lawyers are offering services to help with a part of the adjustment process, such as reviewing the paperwork before you submit it, or preparing you for the green card interview. This means that instead of handling a case from beginning to end, the immigration lawyer will prepare only parts of the case or provide the client with the immigration lawyer’s expertise.

For example, perhaps you want to submit your green card application yourself, but would like to consult with an attorney and have that attorney review and critique your adjustment application, that is possible.  We are able to quote you a lower price to review your adjustment package before submission to Chicago, or to prepare you for your marriage green card interview.

The risk involved in not hiring an immigration attorney to handle an adjustment of status case is simple — you will go through the process without the inside information regarding what is required to successfully complete your case in a timely manner. This means that you will probably have a higher likelihood of your case being rejected or delayed at some stage.

American immigration law is much more than just filling out forms. There’s a lot of information that the forms do not give you. Your immigration lawyer, whether in San Diego, CA or Dallas, TX, identifies all the red flags in your case (if there are any) and walks you through the process of getting beyond them. They are also there for your support and piece-of-mind and to answer all the questions you and your wife will have along the way.

What do previous clients have to say? Take a look.

Call or email Immigration Attorney Danielle Nelisse in sunny San Diego, California to find out how she can help you and your new wife with her adjustment of status:

Email danielle@immigrationworkvisa.com or call (619) 235-8811 or (877) 884-6644 for a free phone consultation.

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