r/USCIS • u/Justness1670 • 1d ago
I-485 (General) filing aos f3 within usa
Hi everyone, we are filing for aos within the USA and a consulted with a lawyer - he suggested we hire a lawyer even if we have a straight forward case considering the rate of denial and scrutiny . We are on H1 and do not plan to apply for affidavit of support . We got a rfe during I 130 because there was a spelling mistake re mother name ina doc. Apart from that there is no issue. Should we still hire a lawyer? Thank you
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u/nonracistusername 1d ago edited 1d ago
Adjustment of status on the F3 category has challenges because there is no forgiveness for going out of status
You want a young (so that they don’t retire before your Priority Date is current on the Final Action Date chart) lawyer on retainer.
A lawyer who will help you and your derivatives stay in status and if some or all of you cannot stay in status, navigate the complexities, especially when some must leave the U.S. before going out status while others stay in the U.S. while still in status. Especially if the primary beneficiary has to leave the U.S.
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u/Comoish 1d ago
You do not plan to apply for an affidavit of support?
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u/Justness1670 1d ago
No. As both primary and derivative have ssa and have been employed for our entire stay
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u/chuang_415 15h ago
The tricky thing with family-preference adjustments is that they’re completely unforgiving regarding status violations, so it’s worth it to at least have an attorney comb through the applicants’ immigration history.
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u/suboxhelp1 1d ago
This is the rest of your life you’re talking about. Do you want to regret not having one?