Tuesday, April 19, 2011

Do I need a visa lawyer or a US immigration attorney?

I am writing this because I was contacted by someone who was considering submitting an I 129 petition as the first stage of the K1 fiance visa process and asked my opinion on this topic and I thought it deserved a full answer.  Also, as it is a question that many people ponder, I thought that I would post my thoughts online.  Before I go through the pros and cons of do I need a lawyer or a US immigration attorney, I should tell you first what my wife (finance the time) and I decided with regard to this matter and why we came to the decision that we did.  Basically, we decided against getting a US Immigration Attorney for three reasons.  Firstly, I have many years of experience of working with immigrants to the UK, which is not the same as US immigration, but similar enough to give me confidence in dealing with the USCIS procedures.  Secondly, we could not afford the expense.  Thirdly, there were no particularly difficult complications that we could foresee, for example, I do not have a criminal record and we felt able to demonstrate that we were in a genuine relationship.


Pros of getting a Visa Lawyer or US Immigration Attorney?

If the visa lawyer or US immigration attorney is any good, he or she will know the procedures and legislation inside out.  They will also have experiences of dealing with glitches and major problems.

The visa lawyer or US immigration attorney can give you general advice on things such as time schedules and filling in the application forms, collecting evidence for your I 129 etc.

The visa lawyer or US immigration attorney can help you with complications, such as past criminal records, concerns over medical conditions, or visas being refused in the past.

The visa lawyer or US immigration attorney can deal with the USCIS authorities on your behalf.


Cons of getting a Visa Lawyer or US Immigration Attorney?

The expense is the main thing that puts people off getting a visa lawyer or US immigration attorney.  If you can comfortably afford a lawyer or attorney and you are not confident at dealing with all the procedures and legalities, then you might as well enquire about getting one, especially if there are complications or you have had visa problems in the past.

It is possible that having a visa lawyer or US immigration attorney might slow the process down slightly.  For instance, if you send your application forms to them to be checked before they are sent on to the USCIS, it might add a day or two onto the overall processing time.  They could also save you time, however, by preventing mistakes!


Remember: If you are in doubt, you can always enquire to find out how much a visa lawyer or US immigration attorney is likely to cost you and what services they offer in return.  You can always say no.

8 comments:

  1. Thanks for sharing your insights always with everyone through your blog site.Keep posting such interesting posts always.

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  2. @Preeti - thanks, I always appreciate positive feedback!

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  3. Hi! I really enjoyed your stuff. I am a Immigration attorney at Chicago. I will say that whenever a person thinks to migrate he must contact a experience immigration attorney because there are many complications which can be solved by a lawyer easily.

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  4. Hi just enquiring regarding K1 visa. I have a few criminal convictions but they were only fines and they were over 25 years ago. Would this be a problem for me obtaining a visa. I worked for the Police for several years has a Special Constable so my convictions didn'y cause any problems then.

    Karl

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  5. Hi Karl, I really can't give you an answer on that, sorry - I am no legal expert. The vast majority of people who apply for the visa are successful though and you can appeal if they were to turn you down.

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  6. I am in the middle of my K1 and I hired a lawyer. If you guys think that the lawyer will speed up the application, forget it. Today it has been 6 months since he submitted the petition and we have not even received any answer from USCIS. Read this blog, is more useful than any leech lawyer. Paul you are brilliant mate, I wish I would have seen this blog when I made the decision. My advise read this blog and don't hire any lawyer. The only problem would be filling the forms.

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  7. can any one tell me how many months maximum will a k1 take? and must the US citizen be earning more money before he/she can file for K1?

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    1. I'm going through the same thing and asking for my finance. I spoke to immigration a lot and decided not to use a lawyer since they do not speed up the process. I asked how long the process takes and was told for the application and my background check can take from 3-6 months to be approved depending on how busy they are. And then you fiancé has to get a call and an interview scheduled from the us embassy in their country that is now 100% in there hands and she could not give me a date on how long that takes. Also regarding the money a household of 2 the us citizen needs to make $18,500 per year. Not exactly sure how much more it is for children.

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