Adjustment of Status - 485 (EB2) - without an attorney


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Hi All,

Although my PD is not current yet, I was planning to file AOS on my own without the help of an attorney when it is current. From the first look of it, the process looks simple and straight forward. Anyone has any comment or experience regarding it? Any pitholes I need to worry about?

I am in EB2 category.



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It's quite possible, and I actually did it. I would recommend getting a consultation with a lawyer to go over the prepared petition before you file. Follow the instructions. One thing they don't explain well is that the USCIS needs to know that 1) you are in status since the date of the latest entry 2) you have not overstayed over 180 days in your previous visits. I got an RFE for previous visits, but it was not a big deal at all. USCIS is not strict on the list of documents to proof legal presense, and the instructions with RFE were very clear.

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I think, at a minimum, a consultation is important. You should go over any questions you have about the forms etc. The attorney should know the questions to ask to try to identify any complex issues.

Some I-485s are fairly straightforward, while others are quite complex. For some, there are issues of birth documents, marriage documents, unusual status histories, criminal background issues etc.

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