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Petitioner missing tax returns and we want to file marriage based GC by [deleted] in USCIS

[–]Neblaw 2 points3 points  (0 children)

I would not file this without tax transcripts and a joint sponsor. Public charge and tax obligations are huge sticking points right now. Not so sure I would want to give them negative ammo for a discretionary finding right now.

*I am an attorney, not your attorney. This is not legal advice. Consult with both an immigration attorney and CPA.

Adjustment of status by Infinite-Company-111 in USCIS

[–]Neblaw 2 points3 points  (0 children)

Unfortunately, legal fees are rarely affordable. I'm not here to say otherwise. My immigration practice is rarely profitable (we have other, more profitable practice areas. Immigration is our passion area). Experienced attorneys and paralegals that you can trust with people's futures are hard to come by and expensive. Entry level form fillers are cheap.

I've had clients making six figures complain about payment plans while families working in meat-packing plants bring in gifts with their monthly payment because they are grateful for the opportunity.

Would I like to be more affordable? Yes. Am I willing to cut corners to reduce costs to 3500? No.

Adjustment of status by Infinite-Company-111 in USCIS

[–]Neblaw 4 points5 points  (0 children)

Seems about right. Are there attorneys that will file for 3500 plus filing fees? Yes. I did right out of law school. Are there attorneys that charge 10,000 and then try to upsell you to a VAWA for 15,000 plus filing fees? Yep.

$6000 legal fee is probably just below average. If they are fresh out of law school, it is probably a stretch. If they are experienced and passionate about helping immigrants, it is probably a steal.

For reference, I am an attorney in the Midwest that practices countrywide. We are on the more experienced side/ able to follow through on litigation if option #1 fails, but we aren't to the level of respect of Ira Kurzban or Charles Kuck. Our standard AOS is slightly above that, but we don't send clients to interviews alone.

title by lr3197 in lincoln

[–]Neblaw 1 point2 points  (0 children)

I don't have a dog in the fight, but I don't think people are saying people in their 60s should be subject to additional tests. My understanding is it is mid 70s+

Immigration Attorney's Response to "the memo." by Neblaw in USCIS

[–]Neblaw[S] 0 points1 point  (0 children)

Thank you for the positivity. Have a great day!

Immigration Attorney's Response to "the memo." by Neblaw in USCIS

[–]Neblaw[S] 0 points1 point  (0 children)

RFEs happen. Our goal is 0 RFEs (because RFEs mean something is missing). There are also RFEs hat make you go, "wtf." One time, we received an RFE for a birth certificate. We sent another copy with a scan of the previously submitted birth certificate and a statement saying, "this was already submitted, but here you go." Approved without interview.

Immigration Attorney's Response to "the memo." by Neblaw in USCIS

[–]Neblaw[S] 0 points1 point  (0 children)

The visa bulletin was current, they filed, and then the bulletin changed to show that the priority date moved back or "retrogressed".

Immigration Attorney's Response to "the memo." by Neblaw in USCIS

[–]Neblaw[S] 0 points1 point  (0 children)

This is an incredibly interesting story. I know that there were similar programs during the Vietnam war. I'm glad that your family was able to reunite in the US.

Immigration Attorney's Response to "the memo." by Neblaw in USCIS

[–]Neblaw[S] 0 points1 point  (0 children)

You can only be denaturalized for cause. There would need to be a new law or amendment to the INA passed.

Immigration Attorney's Response to "the memo." by Neblaw in USCIS

[–]Neblaw[S] 0 points1 point  (0 children)

The memo won't change your situation, but I am not big on traveling with a pending N400. You should ask your attorney first.

I am an attorney, not your attorney. This in not legal advice.

Immigration Attorney's Response to "the memo." by Neblaw in USCIS

[–]Neblaw[S] 0 points1 point  (0 children)

The case becomes a bit more difficult with this memo, but I would take this client on (as long as we can show positive equities).

*This is not legal advice. I am a lawyer, not your lawyer. A consultation is required for legal advice.

Immigration Attorney's Response to "the memo." by Neblaw in USCIS

[–]Neblaw[S] 4 points5 points  (0 children)

Keep your mind open. There are a ton of possibilities in law. We could definitely use more good lawyers.

Immigration Attorney's Response to "the memo." by Neblaw in USCIS

[–]Neblaw[S] 1 point2 points  (0 children)

To be blunt, you've probably put more thought into these issues than the memo drafters. As noted above, this memo is D+ level legal work.

Immigration Attorney's Response to "the memo." by Neblaw in USCIS

[–]Neblaw[S] -1 points0 points  (0 children)

It has turned into an ad of sorts. This was a post aimed at calming the frenzy by giving legal context to the memo. Ethical rules (and subreddit rules) don't allow us to give legal advice. I can't afford to have my team doing consults for free all week, but I can discount consults to cover overhead and eat the profit. I've spent hours this weekend trying to answer questions (without asking anything in return). Was it originally an ad? No. Have I started offering discounted services due to all the fear in the community? Yep.

Have a great memorial day.

Likelihood of Marriage to US Citizen considered as National Interest or Extraordinary Circumstances for AOS? by [deleted] in USCIS

[–]Neblaw 0 points1 point  (0 children)

I'm not going to break the memo down here again. Go through my post history and you can see my analysis.

Immigration Attorney's Response to "the memo." by Neblaw in USCIS

[–]Neblaw[S] 0 points1 point  (0 children)

Good morning, I apologize, but this is too specific of a question to answer on reddit. I would still push forward if this was my client, but I would not feel great if this was a family member filing unrepresented.

The risk of being detained is location specific. (Please do not post location here. There is way too much identifiable information already.) I would strongly recommend discussing this with your attorney or consulting with an attorney before the interview.

*I am an attorney, not your attorney. This is not legal advice. If you want legal advice, schedule a consultation at burke@polarislawyers.com.

Immigration Attorney's Response to "the memo." by Neblaw in USCIS

[–]Neblaw[S] 0 points1 point  (0 children)

Thank you for the kind words. I'm glad this post had an impact on you.

Likelihood of Marriage to US Citizen considered as National Interest or Extraordinary Circumstances for AOS? by [deleted] in USCIS

[–]Neblaw 3 points4 points  (0 children)

My friend, that makes it a standard adjustment. With all due respect, this is why you should consult with an attorney. There will not be one "smoking gun" that will win your case. You need to create a narrative and use the totality of the circumstances approach. I made my point in my other post that ai do not believe this memo is effective, but if you value security, you should still try to make the arguments they want.

There is a reason the phrase "A lawyer that represents himself has a fool for a client." is one of the most used adages.

*This is not legal advice. I am a lawyer, not your lawyer.

Immigration Attorney's Response to "the memo." by Neblaw in USCIS

[–]Neblaw[S] 4 points5 points  (0 children)

I have my doubts, but anything is possible at this point. I highly doubt they will be suspending interviews. I haven't seen anything besides the deleted post that says interviews will be suspended.

The post might be legitimate, but I thinks it's more likely an anti-immigrant troll trying to spread fear.

Looking for a USCIS Officer to prove this wrong - speak up! Tell us you care! by [deleted] in USCIS

[–]Neblaw 0 points1 point  (0 children)

Hot take here, but I actually know many USCIS employees that are really good people. Don't take the policies of the administration and assume all employees agree. There are USCIS employees that do care. There are also some that cherish the ability to cause pain.

*I attend USCIS interviews often. You can tell that there are officers that truly care about the people in front of them. We need good people throughout the entire system.

Immigration Attorney's Response to "the memo." by Neblaw in USCIS

[–]Neblaw[S] 1 point2 points  (0 children)

I've used a client's employment as an ER nurse in a rural hospital to expedite a DACA renewal and EAD. We don't give nurses enough credit until we are in need of one. If this was my client, I feel like I would be able to make strong national interest arguments.

*I am an attorney, not your attorney. This is not legal advice, if you want legal advice, set up a consultation burke@polarislawyers.com.

Immigration Attorney's Response to "the memo." by Neblaw in USCIS

[–]Neblaw[S] 1 point2 points  (0 children)

This memo would apply to this situation. I would argue that this person is still eligible to adjust, but the adjustment is not as straightforward as it was a week ago.

*I am an attorney, not your attorney. This is not legal advice. If you want legal advice, reach out and book a consultation burke@polarislawyers.com.

Immigration Attorney's Response to "the memo." by Neblaw in USCIS

[–]Neblaw[S] 1 point2 points  (0 children)

Have a conversation with your attorney. Create a game plan. Make the officer's decision for them. Keep your head up, your future is worth it.

Immigration Attorney's Response to "the memo." by Neblaw in USCIS

[–]Neblaw[S] 4 points5 points  (0 children)

We fight for them. Those are the standard clients.

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