how to get your money back from the bad immigration lawyer

Call the attorney's office and leave a message requesting a copy of your file. Offer to come pick it up. Make a note of when you made this call. If you do not receive a response within a reasonable time, write a letter asking the attorney to send your file to you within, say, one or two weeks.

Full Answer

What should I do if my immigration attorney denies me benefits?

If you suspect that that your attorney provided you with ineffective assistance that led to the denial of a benefit you otherwise would have qualified for, you should talk to an experienced immigration attorney as soon as possible. Do not attempt to fix what your former attorney did wrong on your own.

Did your attorney make a mistake during your immigration case?

If you received a denial of your immigration case, appeal, motion, or application from the U.S. government, your attorney might seem like the natural person to blame. But don't be too quick to assume that your attorney made mistakes just because you did not receive the benefit you hoped for and requested.

What to do if your lawyer has reached the point of No Return?

Lawyers: A Client’s Manual by Joseph McGinn tells the steps to use if you’ve reached the point of no return: Tell your lawyer directly and give your reasons. Send your lawyer a letter of dismissal and retain a copy.

Can I fire my lawyer and get my money back?

Since a client always has the right to fire her lawyer, ending the relationship is easy; figuring out the finances can be more difficult. Whether you are entitled to a refund, and size of that refund, depends on the type of fee agreement you signed with the attorney.

How do you deal with an unresponsive lawyer?

If you have called your attorney, left messages, sent emails, and you still haven't heard a response, the best course of action is to send a certified letter to his or her office questioning the failure to communicate and informing them that you are prepared to find a new lawyer if the situation does not improve.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

Can you sue Uscis for money?

If the immigration service refuses to act, you can sue them in federal court by filing a lawsuit against USCIS. Once you have already had your naturalization test and interview and more than 120 days (four months) have gone by, you can go into federal court and ask a judge to naturalize you themselves.

Can you sue someone for immigration?

Yes. If there have been unreasonable delays in your case, you may file a complaint against the Immigration Service in the Federal Court, and the Court can force the Immigration Service to make a decision in your case. Bear in mind that this decision can be positive or negative.

How do I know if my lawyer is cheating on a settlement?

Dennis BeaverThe attorney does not return phone calls in a reasonable amount of time, and;In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.

How do I complain about a solicitor Qld?

Send your complaint Email lsc@lsc.qld.gov.au with your written complaint or by attaching the completed form.

What happens after you file a lawsuit against USCIS?

If a suitable disposition cannot be agreed upon then a motion for judgment is filed with the Court and there is a hearing or trial scheduled by the court. The court will issue a decision on the application or remand (return) it to the USCIS with specific orders for the government to adjudicate the immigration petition.

How do I file a complaint against USCIS?

Ways of Submitting Complaints Persons can make a complaint in a USCIS office by asking to speak to a supervisor. In these situations, a supervisor must be made available within a reasonable amount of time. The supervisor should take the complainant's name and information about the nature of the complaint.

How much does it cost to file a lawsuit against USCIS?

It usually takes us a couple days to put the law suit together, and then we file it in federal court. The filing fee in federal court right now is $400.

How do I contact USCIS ombudsman?

Case Assistance Call the USCIS National Customer Service Center at 1-800-375-5283.

What is a mandamus lawsuit?

A mandamus action is a lawsuit that is brought against the Government, not for money, but to make the Government do something that it is required to do. Sometimes the Government takes too long to process an application for a green card or naturalization.

Can you sue without citizenship?

It turns out that U.S. citizenship isn't necessary to sue a U.S. citizen if the alleged incident happened on U.S. soil. In a wrongful death claim in the U.S., the surviving family members can sue the person who was at fault in the death of their family member.

Where to contact DHS about refunds?

Williston, VT 05495-5000. If the obligor has questions about immigration bond refunds, it is better to call the Financial Operations of the DHS Debt Management Center at (802) 288-7600 and select option 1 to speak with someone.

How much of the immigration bonds are secured?

Currently, about 91 percent of the immigration bonds issued each year are secured by cash, while the other 9 percent are issued by surety companies that are certified by the Treasury Department to post bonds on behalf of the federal government.

Can I receive an I-391 if I send it to an incorrect address?

Otherwise, the obligor will not receive notice due to ICE sending it to an incorrect address. In practice, the obligor should affirmatively contact the ICE Field Office to initiate this process, instead of waiting for the ICE Field office to send the ICE Form I-391.

Does ICE enforce immigration laws?

As Immigration and Customs Enforcement, or ICE, continues to enforce immigration laws and more immigrants are subject to immigration detention, advocates will not only need to represent clients in bond proceedings, they will also need to assist them in obtaining the bond (“fianza”) money back.

Can a bonded person get a copy of the verification of departure?

Although the bonded individual did not technically receive voluntary departure from the immigration judge, the “Verification of Departure” part of the form is the relevant piece. The bonded individual should request a copy of this document and submit a copy to the obligor.

How to get money if a lawyer stole from me?

How can I get money if a lawyer stole from me? Call the State Bar of Arizona to explain your case and ask if you may be eligible to apply to the Client Protection Fund. Call 602-340-7280 within Maricopa County or 800-319-0514, extension 7280, everywhere else. Fill out an application on the State Bar of Arizona website.

What is money you give to a lawyer?

Money you gave to a lawyer for an investment, loan or any other purpose that did not arise from a lawyer-client relationship. Requests for reimbursement for interest, legal fees paid to other lawyers, damages, or other expenses.

How much money did Ray Bedell borrow from a lawyer?

Here's a little-known way to get money back from a bad lawyer. Ray Bedell, a retired Phoenix electrician, had borrowed and scraped together more than $5,000 to hire an attorney in a family court case so he could spend more time with his daughter. The lawyer seemed smart, aggressive and talented in the courtroom, Bedell remembered.

What is wrongful taking of money?

Wrongful acts such as theft or embezzlement of money. The wrongful taking or conversion of money, property or other things of value. Refusal to refund fees when the lawyer performed little to no work. A lawyer's intentional dishonest or deceitful conduct that leads to the loss of money or property.

What happens when an attorney lies?

An attorney lies, which causes a client financial harm. An attorney dies in the middle of a case and doesn't leave money to reimburse clients. Lawyers accused of these actions don't always have bad intentions, Bar officials said.

What to do if your former attorney made a mistake?

Once you have a professional opinion about the mistakes your former attorney made, you will want to "fix" your case and try to achieve any legal remedies or compensation available to you. If you have been the victim of ineffective assistance of counsel, you might be able to reopen your case, even if the deadline for appeal has passed. The Matter of Lozada case set forth the requirements for noncitizens who claim to have been unfairly prejudiced by ineffective assistance of counsel. You must:

What does it mean when an attorney denies an immigration case?

A Denial Does Not Automatically Mean Your Attorney Made Mistakes. If you received a denial of your immigration case, appeal, motion, or application from the U.S. government, your attorney might seem like the natural person to blame. But don't be too quick to assume that your attorney made mistakes just because you did not receive ...

What does an immigration attorney do?

A good immigration attorney can investigate your case, review any submissions for errors, and determine whether or not your original attorney was licensed to practice law. If you do not act quickly, you might miss deadlines that apply to new applications or court filings based on ineffective assistance of counsel.

What happens if your lawyer isn't a lawyer?

What Happens If Your Lawyer Wasn't Really a Lawyer at All. In some cases, the "lawyer" might not have been a licensed attorney in the first place. These "immigration consultants" are also known as notarios in the Spanish-speaking community. An immigration consultant could have made mistakes in your case or even charged you lots ...

What to do if your work visa is denied?

However, if your visa was denied because you clearly didn't meet the basic educational requirements, and your attorney told you that you would qualify for the work visa based on the information that you provided, you might be able to get other forms of relief, such as a refund of legal fees and application fees.

Can you reopen a case if you knew your representative was not licensed to practice law?

Unfortunately, the courts have held that if you knew that your representative was not licensed to practice law and you hired him or her regardless, you cannot reopen your case based on "ineffective assistance of counsel.".

Is a simple mistake an ineffective assistance of counsel?

Still, a simple mistake is not necessarily "ineffective assistance of counsel" or even evidence of malpractice. If your attorney made a small mistake that was not the reason for the denial of your application, it will likely not be enough to rise to the level of ineffective assistance of counsel. For example, if your attorney included your ...

What to do if you disagree with your attorney?

Bar Association Assistance. If you and your former attorney disagree on the amount of refund you are due, you can usually get help. State and local agencies that regulate attorney conduct in each state, called bar associations, often offer fee arbitration services.

What happens if you lose a contingency agreement?

In a contingency arrangement, you pay no fees up front, and if you lose, you owe your attorney nothing. If you win, however, the attorney retains a set percentage as his fee. Since you do not give the lawyer any money up front, you cannot demand a refund if you fire the attorney before trial. On the other hand, if you replace him with another attorney and continue the litigation, he may and probably will claim part of any attorney fees won by your new counsel.

Do you have to pay a lawyer if you are fired?

You will (unless you're prepared to sue over inadequate representation) have to pay the fired lawyer for any work already done on your case. Look at the contract with your lawyer (if you signed one) to see how refunds are to be made.

Does a lawyer's termination affect the USCIS?

Firing your lawyer will not affect the progress of your applications with USCIS, the consulate, or any other government agency handling your case. However, you should send a letter to the last USCIS or consular office you heard from, directing it to send all future correspondence straight to you or to your new lawyer.

What to do if you disagree with a final accounting?

If you disagree with the final accounting, and especially if you think you’re owed a refund, you should first contact the attorney, explain why you think you were overcharged, and attempt to amicably resolve the dispute. Again, be sure to document the details of any dispute or demand in writing, whether as part of a letter to your attorney, or as a “memorandum” to yourself.

How long does it take to get an accounting of a case?

It’s reasonable to expect an accounting of the financial side of your case within 30 days of the end of the attorney-client relationship, so if you don’t have it by then, ask your attorney for a detailed accounting, and make sure to put the request in writing.

Do attorneys mind after hours calls?

Just like they don’t mind after-hours calls. Sometimes it’s necessary for you to volunteer. You’ll be surprised how receptive your attorney is to your assistance. Believe it or not, the amount of attorney’s fees is usually not a major complaint.

Can an army of marching attorneys help some clients?

We know that every case is not a winner. An army of marching attorneys can’t help some clients. The key is to be able to focus on the relevant law and facts immediately, so you don’t waste the client’s money and your time. If the attorney isn’t prosecuting your case, this probably wasn’t done. You can help.

Do lawyers have egos?

So even though it’s a killer, it’s a sure-fire attention-getter. In fact, it’s so reliable that if the attorney doesn’t respond, you’re probably better off with another.

What to do if your lawyer is stealing money?

If you seriously suspect your lawyer has misused any money he holds for you in trust, complain to your state's attorney regulatory agency pronto. Although regulation of lawyers is lax in most states, complaints about stealing clients' money are almost always taken seriously and acted on promptly.

What to do if your lawyer refuses to pay your bill?

If you're not satisfied with your lawyer's explanation, ask for a reduction of the bill. If the lawyer refuses, consider filing for nonbinding fee arbitration with a state or local bar association. Arbitration is a process where a neutral decisionmaker resolves your fee dispute. "Nonbinding" means you are free to reject the arbitrators decision. ...

Why is my lawyer not returning my calls?

Try to find out why your lawyer is not returning your phone calls. (He or she may be busy, rude, sick or procrastinating.) As you do this, examine the possibility that your lawyer may be avoiding you for a good reason - you may be too demanding. A good way to deal with this situation is to write or fax the lawyer a straightforward letter explaining your difficulty in communicating and asking for a phone call or meeting to re-establish or restore your relationship. If this doesn't work, consider firing the lawyer and/or filing a formal complaint with your state's attorney regulatory agency.

Can a lawyer give you an inflated estimate of the value of your case?

No. Your lawyer may have given you an inflated estimate of the value of your case to encourage you to hire her. Get your file from your lawyer and get a second opinion on your case. If another reputable lawyer believes you are being advised to settle for too little, consider changing lawyers. 8.