Belleville, NJ Immigration Law Firms & Lawyers

There is no law or regulation that requires an applicant to be represented by an attorney in an immigration-related application process, and in fact some people successfully navigate the application process without legal representation, especially in the very most simple cases. The situation you described certainly is not a simple case, and even determining whether your mother may be eligible to apply for adjustment of status would require additional information, such as details about her initial entry into the U.S. Failure to properly prepare and fully document an application, or filing an application for someone who does not qualify, can result in delays, denials and even more harsh consequences. It would be wise to engage an immigration attorney to provide legal representation to you and your mother regarding an application in the Immediate Relative visa category. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

If your son married after you naturalized, then the petition converts to F-1 and then to F-3 upon his marriage.  This way, he would still benefit from the July 2008 priority date.  However, if he married before you naturalized, there does not appear to be any authority for his keeping the July 2008 priority date. If this is the case, then you should file another petition as soon as possible to get the earliest possible priority date.

If your husband has convincing evidence that he did not engage in marriage fraud, you can appeal the I-130 determination within 30 days with all proof of the bona fides of his marriage. If the evidence is not available in time for an appeal, you can file a new I-130 petition when he obtains the evidence, and include that in the I-130 submission.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.