Legal Question in Immigration Law in North Carolina
My wife entered the United States legally when she was 6 years old. Her parents came in with a non-immigrant visa, and never left. We are now married, and from what I understand, we can do an adjustment of status. Her passport is stamped, and it shows the date they came into the country, and it also says "non-immigrant visa". She has a social security card that states "not valid for work". I make enough to support the both of us, so financially, it is not a problem. It also will not be a problem showing our relationship is legitimate because we have been together for 7 years.
Her parents have an i-94 card (visa departure card), but she does not have one. Will this be a problem, even though her passport is stamped?
How much would a lawyer cost? How likely is she to be granted a green card, and eventually citizenship?
How much would I be looking to spend for lawyers, and application fees?
She will not have to leave the country temporarily, would she?
Thanks.
2 Answers from Attorneys
To adjust status in a case like your wife's, legal entry needs to be proven. Stamp in the passport suffices even though the I-94 is a more usual document. She clearly entered legally as the stamp shows. Attorney fees vary by attorney and case by case depending on issues unique to the situation. If there are no issues, the filing fees are about $1,500.00 ($355 for the petition and $1,010 for the adjustment). Again, this assumes there are no other issues. If there are and other forms are needed, the filing fees would be higher. Assuming she's admissible otherwise, this is a straightforward case and she would not have to depart the U.S. to process her case.
The above is general information and not legal advice. It does not form an attorney client relationship. For further information, feel free to contact me at [email protected] or 818 609 1953.
Sincerely,
Alice Yardum-Hunter, Attorney at Law, State Bar of CA
Bd of Legal Specialization Certified Specialist, Immigration & Nationality Law
Your case seems fairly straightforward. However, you don't want to make any mistakes because if your case is successful, your wife will be able to file for her parents as well. There are other issues of admissibility that should be discussed prior to quoting the legal fees for the work. Generally speaking, each attorney charges a different amount and offers different services. You should interview attorneys accordingly. Remember, price is not the only issue. You want an attorney with whom you feel comfortable working with and who understands your case and will diligently attend to it.
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