Originally Posted by silverayne

Well I submitted the w2 form to the lawyer and he came up with this brilliant bs. It's kinda long so I hope you can bear with me and provide some insight. When we filed for our case we paid $5,000 in filing fees (five family members), these fees as far as i understand were for filing for AOS. After our biometrics we got the rfe notice for all of us, for FOUR of us the notice stated that we needed to show the I94 or the visa stamp and the W2 forms along with $1,000(this I know is the penalty for overstaying). Here is where it gets a little complicated, my dad came here back in the 80s and he was issued an ss #, he has a work permit and he had sent in a copy with the application package. The notice that my dad got just says that he needs to submit the w2 forms no penalty, nothing.
The lawyer's theory is that since my dad had his I94 he did not have to pay the overstay fee. He says that if we prove that we were entered legally there is a chance that we will not have to pay the penalty. My argument is the penalty is for overstaying not whether or not you have entered legally. As for my father not having to pay, I think that since he was working here legally the payment for AOS in his case was unnecessary therefore they applied that grand to the overstay penalty. I have urged my parents to just follow the instructions USCIS has provided us with, I would appreciate it if you can give some advice on what course of action I should follow.