how to sue your immigration lawyer on your own

To file a complaint against a lawyer licensed in California, go to the State Bar website o r call 800-843-9053. You can also complain to the Executive Office for Immigration Review for the U.S. Department of Justice, which handles complaints against immigration attorneys who are licensed in any state. Call 703-305-0470 to get a complaint form.

Full Answer

Do I need an attorney to sue immigration?

You should consult with an attorney that specializes in Federal Immigration litigation to determine if a legal action would be appropriate in your situation. 7. Can I sue the USCIS in a state where I do not live? Possibly.

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.

Can I sue the USCIS?

You may sue the USCIS if it is taking longer than usual to process or decide your case. For more information on eligibility, process and necessary documentation for these types of cases, visit our page on Lawsuits against the U.S. Immigration Service (USCIS). 2.

What do you need to sue a lawyer?

1 Negligence. To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong ... 2 Breach of duty. ... 3 Breach of contract. ...

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.

How much does it cost to sue USCIS?

What Are the Filing Fees? Fees for U.S. District Court Complaint is $350.00, plus $50.00 (est.)

Is it a good idea to sue USCIS?

By filing a Federal lawsuit, you are forcing USCIS to justify their decision, which it is highly unlikely they will be able to do. In most cases where a Federal lawsuit has been filed, USCIS has chosen to avoid litigation and has issued an approval. This is particularly true on delayed cases and partial approvals.

What happens when a lawyer makes a mistake?

There are other options if you don't want to sue your former attorney for a mistake they made. You can report them to the state bar or the American Bar Association. They will conduct an investigation if the mistake is serious enough and the lawyer could face being disbarred or other disciplinary actions.

When Should I sue USCIS?

The law says that if you had your citizenship interview and 120 days passed, you sue USCIS in federal court and ask a judge (who is appointed for life and who does not work for the immigration service) to decide whether or not you should be allowed to become a citizen.

How do I contact USCIS ombudsman?

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

Can I sue USCIS for damages?

You may file a legal action against the USCIS to demand that they provide you with an answer to your petition or adjudicate the application if the immigration service is taking longer than normal to make a decision on your case.

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 do I file a mandamus against USCIS?

In order to get a mandamus issued, you and your lawyer must generally show the court that:you have a clear right to the relief request;the defendant (in this case USCIS) has a clear duty to perform the action you want to be ordered; and.you do not have any other adequate remedies available.

Can you sue a lawyer for not doing their job?

A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

Are lawyers liable for mistakes?

Even where an attorney made an obvious mistake, that mistake must have injured the client. The classic example of negligence is the attorney who did not file a lawsuit before the statute of limitations expired.

1. Why is my case taking longer than anticipated to be processed by the Immigration Service? What does this mean?

You may sue the USCIS if it is taking longer than usual to process or decide your case. For more information on eligibility, process and necessary...

2. Is there a way to pressure the Immigration Service to work faster on my case?

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 Co...

3. If I had an interview with the USCIS and/or filed my application a very long time ago, but have not received a decision on my case, can I do anything to expedite the process?

You may file a legal action against the USCIS to demand that they provide you with an answer to your petition or adjudicate the application if the...

4. If I sue the USCIS, how long will it take before I receive a decision on my pending application?

Approximately 180 days.

5. If I sue the USCIS, will the USCIS deny my pending application?

No. Applications will be decided on their merits and the fact that you sued should not affect the decision making process.

6. If I want to sue the USCIS, does it make a difference what state I live in?

Yes. Some jurisdictions have had positive decisions on immigration matters, while other states have had rulings that establish bad precedent on imm...

7. Can I sue the USCIS in a state where I do not live?

Possibly. Jurisdiction for a lawsuit is determined by several factors, one of which is the place of residence of the plaintiff (or the person bring...

What to do if there are unreasonable delays in immigration?

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. You must carefully evaluate with your attorney if this is worth ...

Can you bring a legal action against a state for immigration?

Yes. Some jurisdictions have had positive decisions on immigration matter s, while other states have had rulings that establish bad precedent on immigration matters, and this could affect your ability to bring a legal action. You should consult with an attorney that specializes in Federal Immigration litigation to determine if a legal action would be appropriate in your situation.

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.

How to win a lawsuit against an attorney for malpractice?

To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)

What to do when you hire an attorney?

When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.

What happens if an attorney violates the law?

If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.

Can you sue a lawyer for negligence?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

Does losing a case mean you committed malpractice?

It's important to understand that just because you lost your case, it does not mean your attorney committed malpractice. In every case, one side will win and one will lose, despite the skill and experience of the lawyers on each side.

Can you sue a lawyer for malpractice?

It is very frustrating to feel that an attorney you trusted has let you down. Suing for malpractice is one way for you to be compensated for wrongdoing by your lawyer.

3 attorney answers

I handle legal malpractice cases. You cannot recover for emotional distress but you can recover for financial damages. Feel free to reach out to us with any questions.

Eric Edward Rothstein

You should speak to a local malpractice lawyer. One of the main issues is going to be proving your damages are significant enough.

What to do if your claim is based on the defendant's failure to provide you with a copy of

If your claim is based on the defendant's failure to provide you with a copy of all the forms anddocuments that he submitted to the INS for you, then you should organize your presentation and yourevidence as follows. (See Part III, Section B, above, for the legal requirements.)

When your claim against the defendant is based upon his failure to post the required noticeopenly in his office, do

When your claim against the defendant is based upon his failure to post the required noticeopenly in his office, you will have to tell the judge the facts as you remember them. See Part III, SectionA, above, for the legal requirements. You should organize your presentation and evidence as follows:

Can a district attorney file civil charges against an immigration consultant?

Criminal and Civil Prosecution by a District Attorney. District Attorney offices across Californiacan file criminal charges against consultants who violate the California immigration consultant law and/orwho defraud clients. They can also bring civil charges. Both can be done at the same time.35

Can an immigration consultant use any words?

An immigration consultant must not intentionally use any words which when translated into hisor her clients’ native language, would imply that the consultant is an attorney.29 The rule applies to anyand all statements made, whether spoken or written in advertising, stationery, business cards, or other

Can you hire an interpreter for the 42 judge?

You are permitted to hire an approved interpreter to help you communicate with the 42 judge .Youwill be allowed to use an interpreter even if you speak English well, if you feel more comfortablespeaking in your first language.

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 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 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 ...

How to pursue a malpractice case?

Before pursuing a legal malpractice case, pull together all relevant documents and information. Collect communications between you and your lawyer as well as information about the case that led you to hire the attorney in the first place.

What are the common mistakes lawyers make?

However, we tend to see common mistakes that lawyers make over and over, including: 1 Inaccurate billing; 2 Missed deadlines; 3 Failing to communicate with the client; 4 Settling a lawsuit without the client’s consent; 5 Giving inaccurate legal advice; 6 Stealing or losing money or property that belongs to the client; 7 Incompetently drafting legal documents that do not protect your rights; 8 Failing to file a case before the expiration of the statute of limitations; and 9 Taking a case despite an existing conflict of interest.

What is negligence malpractice?

Damages in a negligence malpractice claim are quantified by what was recovered and what would have been recovered but for the attorney’s negligence. A typical example of negligence occurs when an attorney fails to file a case before the statute of limitations expires.

What happens when a negligent lawyer falls below the standard of care?

When a negligent lawyer falls below this standard of care, they have committed legal malpractice.

Do lawyers have to keep a copy of a malpractice case?

Additionally, your lawyer is required to maintain a copy of your entire file, and give you notice before they destroy it. If you have a legal malpractice case you should obtain your file or hire an attorney who will obtain it for you.

Can a lawyer file a grievance in Connecticut?

In some situations, you can file a grievance but the grievance does not get the client compensation for their financial losses.

Can a lawyer make mistakes?

Lawyers may make mistakes from time to time. A claim of malprac tice may exist if your lawyer exhibited negligence in your representation. If your lawyer’s negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.

What Went Wrong

Before starting over, you need to find out as much as you can the reasons why your application was rejected, and what mistakes your representative made. You should communicate in writing with them and ask basic questions such as:

How to File a Complaint

While it won’t necessarily help you get that work permit or permanent residence you were seeking, filing a complaint against your representative who screwed up will ensure a certain measure of accountability. If your representative was authorized then you can complain in the following ways:

Doing it Right

The first thing you will need to do to start over and get the process right is to decide whether to do it on your own, or to hire an authorized representative. The decision letter you will have received from CIC will tell you if there any limits to you applying again.

Why Use a Representative?

A representative will help you in several key areas of the immigration application procedure: