How can I file for an I30 visa? - Immigration Law Questions and Answers- LawQA.com

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How can I file for an I30 visa?

My husband is a US citizen and I came to the US as a tourist and over stayed for 16 years we have been together for 5 years. how do we go about filling for an I-130 by ourselves since we do not have enough money to hire a lawyer.

Answer By William D. Fong
Fong & Associates
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Your USC husband signs and files the I-130, g-325 and the I-864; and you concurrently file the I-485, G-325, I-765 for the EAD, etc. Do not file separately. Be sure to include all the supporting documents proving up the bona fides of the marriage and evidence of your lawful entry (passport, visa and I-94). Since you are a long-term overstay, be sure you get the filing correct. You will be forgiven for the overstay and the unauthorized employment under section 245(a).

Answer Applies to: Texas
Replied: 8/19/2011

Calderón Seguin PLC
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If you cant afford an attorney, you need to read the instructions for the I-130 carefully.

Answer Applies to: Virginia
Replied: 8/17/2011

Answer By Patrick Jarrett
The Jarrett Firm, LLC
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It sounds like you should be able to file your I-130 and your I-485 concurrently. Generally speaking, it is worth the money to hire an attorney to ensure that everything is filed correctly.

Answer Applies to: Georgia
Replied: 8/17/2011

Answer By Alexander Segal
Law Offices of Grinberg and Segal
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It is worth consulting an attorney about representing you. Often these types of cases are handled at a flat fee. It is often worth the fee to have the forms completing properly.

Answer Applies to: New York
Replied: 8/17/2011

Answer By Harun Kazmi
Kazmi & Sakata
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You should be able to still file the I-130 and your Adjustment of Status. However, it will depend on the type of tourist you came as. Some USCIS districts do not permit filings if you overstayed a Visa Waiver (90 day stay). In addition, if you file only the I-130 to process abroad, you will be barred from returning for 10 years. I would recommend you speak with an attorney before filing your case due to the complications.

Answer Applies to: California
Replied: 8/17/2011

Answer By Christine Troy
Law Office of Christine Troy
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I would strongly recommend that you contact the local chapter of your state bar to see if they have a pro bono or low fee panel that can work with you. At the very least, you should really get a full consult from a competent immigration attorney, even if this is a stretch for your budget to ensure that you actually are eligible to file for a green card in the US. There are a lot of easy ways to make critical errors on these applications that can risk your ability to remain in the US. So please do that part. In order to file yourself, all forms and instructions are listed at www.uscis.gov

Answer Applies to: California
Replied: 8/17/2011

GK Law Firm
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You should always hire a lawyer and work out a payment plan. You have been out of status for over a decade. Have you worked illegally?

Answer Applies to: California
Replied: 8/16/2011

Answer By Reza Athari
Reza Athari & Associates, PLLC
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The best is to follow the instructions for the forms. It appears that you may qualify to file for adjustment of status concurrent with I-130. We have a secretarial service that helps people like yourself without representation.

Answer Applies to: Nevada
Replied: 8/16/2011

Answer By Lynne Feldman
Feldman Feldman & Associates, PC
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You want to file I-130/ I-485/ I-765/ I-864 altogether get a medical exam done with an immigration physician. Follow the instructions for each of these forms and file in accordance with the instructions for the I-485 family case. The process is complex though and you may want to at least have an attorney look everything over before filing to save you costly mistakes.

Answer Applies to: California
Replied: 8/16/2011

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