Immigration lawyers, is there any free help out there?

Posted by Admin on December 2, 2011 Leave a comment (2) Go to comments

Question by Christopher: Immigration lawyers, is there any free help out there?
well i am from the UK, been here 9months total, been to the usa twice before left when visas expired, this time i overstayed, got married when i was still ‘legal’ my wife was pregnant with my son an she gave birth last may, ( as i said we had already met before) i came over on a visa waiver. now she cant work as she is ill, i cant work due to status, so i need to get my situation sorted to help my wife an work, is there any non profit lawyers out there who deal with this sorta thing, i live in texas.
also dont waste my time with stupid comments about immigration or that with the visa i had id have to go home, the department of homelnad have already clarrified with me that if i have an attorney there are ways to sort it out, so can anyone suggest any help for me an my family, much appreciated, god bless

Best answer:

Answer by going_for_baroque
The good news is, you were admitted. The bad news is, you’re an overstay with little compelling reason to return to the UK. What you need is to get your wife to file a spouse petition for you and you need to ask for a waiver, so you can stay while your petition is processed. In theory, anyone can do all the paperwork for themselves. In practice, it takes experience which you probably lack. There is a ton of burocracy in the immigration process. An attorney is, indeed, a big help. You can call your local bar association and ask if they can give you a referral to a pro bono immigration attorney. (Austin, for example, is 512- 472-0279 ) Sometimes you’ll find an established attorney who’s willing to help for free (the “pro bono” part) but you might also find one who’ll work for a very small fee. The cite below is a sort of interfaith place in Dallas that might be able to help you wade through the forms. (I don’t think they’ll make you abandon COE; they’re sort of interfaith)

You want to immigrate based on a valid marriage to a US citizen. Remember that you are aware of facts that CIS isn’t yet. Each aspect has to be reviewed and approved. Is your wife a real, US citizen? Well, she’ll need to prove that- a birth certificate, and something to prove that she is the person on the birth certificate. A valid marriage- Do you have proof that you live together as man and wife? (Having a baby together helps a lot. But so does other proof that you reside together, like a driver’s license, utility bills, etc.) But wait, how does CIS know each of you is eligible to marry? You’ll need to prove that each of you were 1) never married or 2) divorced from any former spouse(s). Caution- you’ll get grilled, as if each of you were multiple bigamists whose sole purpose in life is to cheat the immigration regulations. If you understand that, you won’t feel angry or upset when the proof you have to provide makes you feel like you’re just a couple of immigration cheats. Jump through those hoops and you’ll come out the other side with an approved petition. Best of luck!

What do you think? Answer below!

2 Comments.

Uncle December 2, 2011 at 7:05 pm

The Dept of State is not a Legal advisor and the Supremes even said goverment can lie to you … THEY lied

The United States Court of Appeals For the Seventh Circuit has said:

At first glance, it appears that there is a conflict between the adjustment-of-status statute, 8 U.S.C. § 1255(c)(4), and the VWP statute, 8 U.S.C. § 1187(b). Upon closer examination, however, we believe that they can be reconciled. During the time when a nonimmigrant visitor is within the VWP’s 90-day window, she may submit an adjustment-of-status application based on an immediate relative. An application submitted at that time would not represent a challenge to removal. After the visitor overstays their 90-day visit, however, the effect of the VWP waiver kicks in, preventing any objection to removal (except for asylum), including one based on adjustment of status. All of the circuits to have addressed this issue have held that the VWP waiver prevents an alien from applying for adjustment of status after 90 days have elapsed. See McCarthy v. Mukasey, 555 F.3d 459, 462 (5th Cir. 2009); Momeni v. Chertoff, 521 F.3d 1094, 1097 (9th Cir. 2008) (narrowing Freeman v. Gonzales, 444 F.3d 1031 (9th Cir. 2006), to its facts, as the court in Freeman allowed an adjustment-of-status application filed prior to the expiration of the 90 days under the VWP); Zine, 517 F.3d at 543; Lacey v. Gonzales, 499 F.3d 514, 519 (6th Cir. 2007); Schmitt v. Maurer, 451 F.3d 1092, 1097 (10th Cir. 2006). Bayo filed his application for adjustment of status long after his 90 days were up. As a result, his adjustment-of-status application is barred by his valid VWP waiver or by the fact that in the absence of a waiver he never would have entered the United States in the first place.

I make no further comment ..

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MabelD December 2, 2011 at 7:49 pm

YES!!! IT A NON PROFIT IMMIGRANTION INSTITUTION IN TOLEDO, OHIO. ALL YOU PAY IS FEES THAT IMMIGRATION REQUIRES. THEY RUN BY DONATIONS. MY MOMS HUSBAND GOT HIS PAPERS THERE AND HIS FAMILY. ALSO I’M PETITIONING FOR MY HUSBAND THERE.

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Immigration lawyers, is there any free help out there?

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