Should we obtain an immigration lawyer? 4 Answers as of March 11, 2011

I am applying for a permanent residency for my husband. He came to US on f1 student visa. He overstayed now 13 years. Within this time frame we have 2 children together and he has graduated college, and we have been married for 6 years. Should we obtain a lawyer? I am concerned that when we file for permanent residency they will see how long he has been out of status and start a deportation process on him.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I am saying that you can most certainly make a successful application for your husband. Since he came here legally and overstayed, and if he has not left the USA and recrossed over, your husband is eligible for adjustment of status, after you file for the petition for alien relative. You will need the help of an attorney, to show that the marriage is proper and for love and not for the visa (which should be successful), you may contact me via e-mail or phone to set up a consultation. Best to you.
Answer Applies to: California
Replied: 3/11/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Whenever a person has been unlawfully in the U.S., even if because they remained after their status expired, it is always best to obtain the services of an immigration lawyer to handle the case. If his application is denied, he will be put in to deportation/removal proceedings. Then you would certainly have to hire an immigration attorney and the cost would be much more than it would have been to hire them to handle the initial case. No to mention the emotional toll it would take on you, your husband and child to have him go through the deportation process.
Answer Applies to: California
Replied: 3/11/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
As an immigration attorney, I would advise you to most definetly retain an attorney; to make sure your papers are filed properly and processed quickly. For a free consultation contact my office.
Answer Applies to: Florida
Replied: 3/11/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Your concern is valid. Having a marriage and a few children does not guarantee approval of I130. Overstaying can be an issue. Also there are some other facts you may or may not realize that is significant. A lawyer will be able to identify your hidden problems and address them for you in order to get you an approval. You are welcome to contact us for assistance.
Answer Applies to: Florida
Replied: 3/11/2011
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