Logan, OH asked in Immigration Law and Gov & Administrative Law for Ohio

Q: Is it okay to finish filing for the petition without a lawyer? He won't be taken will he?

I'm petitioning for my spouse to stay, I'm in the process of filling out an I-130 form on citizenpath.com. I'm to the part where I have put in that he is an overstay and has never left the country since, we have two children together. His overstay started in 2005, I had gotten pregnant and was expecting twins so the money went towards them instead of the visa. His visa was for one year, but our issue is his paperwork was thrown out by one of the residents whom he lived with back then, and since then we have lost a child which was one of the twins, and later had another child. We just got married on February 10, 2018, and trying to at least get him a permanent resident card so he can work, get a license, ext. We live in Ohio.

2 Lawyer Answers
Matthew Williams
Matthew Williams
  • Cleveland, OH
  • Licensed in Ohio

A: You really need to work with an attorney on this. That amount of time out of status could become a real problem for you.

Hector E. Quiroga
Hector E. Quiroga
  • Immigration Law Lawyer
  • Las Vegas, NV

A: Of course you can file the petition on your own; an attorney can help streamline the process. There is no guarantee your husband won’t be taken, but having an attorney will not necessarily prevent that, either.

You note that your husband originally entered on a visa, which means that he can likely adjust status in the U. S. An attorney can help you with the process in which you file a petition and your husband files a green card application at the same time. Spending a few dollars and doing the process right will increase changes that things will go more smoothly.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.