what can i do if my immigration lawyer made a mistake

by Rodrigo Kozey 6 min read

In addition, if your attorney provided you with ineffective assistance in removal (deportation) proceedings, you should file an attorney complaint with the Executive Office for Immigration Review (EOIR). The agency will review the allegations and determine whether they are serious enough to sanction the attorney by taking away his or her right to represent clients in Immigration Court proceedings.

Full Answer

Did your attorney make a mistake during your immigration case?

What do I do if USCIS makes a mistake?

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

Feb 01, 2015 ¡ Going after the lawyer will not bring you any benefit. Instead you try to refile the application and fix or explain the issue that led to the denial and do your best to obtain the desired benefit in the most expeditious manner. If my answer is "HELPFUL" or the "BEST ANSWER" please mark it accordingly.

Did your attorney make a mistake?

May 29, 2010 ¡ If you have not already done so, I would approach your lawyer and demand an explanation in writing as to what went wrong here. Further, you should consider seeking alternative legal assistance as such a mistake is inexcusable. The good news is that you are still able to submit your PR application again but make sure it is handled properly this time!

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What happens when immigration makes a mistake?

Some mistakes are too serious for the Contact Center to help you with. In addition to calling them, or as an alternative, you can send a letter to the USCIS office that is processing your form, explaining the mistake and how it should be corrected, with a new signed form.

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.Mar 29, 2021

Can I sue USCIS myself?

In short, yes. One can exercise their rights and legally sue USCIS. While this action is possible, it is rare. The process is very lengthy and complicated, therefore hiring a knowledgeable immigration attorney is important.Jun 4, 2021

Is it a good idea to sue USCIS?

Suing USCIS has always been an option, but one rarely used. In most cases where an H-1B is denied the employer either re-files the petition or files a Motion to re-open/re-consider (“MTR”). While these options may be effective at times, they can also result in further RFEs, further denials and lost time and lost money.Jun 15, 2020

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your Lawyer
  • I forgot I had an appointment. ...
  • I didn't bring the documents related to my case. ...
  • I have already done some of the work for you. ...
  • My case will be easy money for you. ...
  • I have already spoken with 5 other lawyers. ...
  • Other lawyers don't have my best interests at heart.
•
Mar 17, 2021

What happens when a lawyer doesn't respond?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

How do I file a complaint against USCIS?

Report to DHS OIG:
  1. Online: DHS OIG Allegation Form.
  2. Mail: DHS Office of Inspector General/MAIL STOP 0305. Attention: Office of Investigations – Hotline. 245 Murray Lane SW. Washington, DC 20528-0305.
  3. Phone: 1-800-323-8603.
  4. Fax: 202-254-4297.
Dec 1, 2021

How long does it take to sue USCIS?

The court is permitted to issue an order requiring that USCIS adjudicate (make a decision) on the application within a specific period of time, generally 30 to 90 days.

How do I file a litigation against USCIS?

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 I sue USCIS for taking too long?

You may sue the USCIS if it is taking longer than usual to process or decide your case.

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.

What happens if I 485 is denied?

My I-485 Was Denied. What Are My Options? If U.S. Citizenship and Immigration Services (USCIS) denies an I-485, there are options available to applicants, including a motion to reconsider or reopen, appealing the decision, and re-filing.Jan 21, 2022

What Mistakes Should I Address Right Away?

A mistake in information that would impact your eligibility for the benefit you are hoping for or a mistake that misidentifies you is something you will want to correct immediately. You need to contact the agency who received your form if you believe that your form filed with USCIS has a mistake on it.

What Info Do I Need to Get on My Call?

Make sure that you collect the reference number regarding the case so that you can call back again to verify the status. The best possible outcome is that you are able to correct this mistake before USCIS knows about it. They may accept your correction if you notify them and start working on your form.

Does the government know if you made a mistake on your immigration form?

The U.S. government doesn't know it yet—but you do. You've realized that you made a mistake on that immigration form you filed.

How to fix a mistake on a USCIS form?

To fix a mistake on a form filed with U.S. Citizenship and Immigration Services (USCIS), wait until you get the notice that tells you the agency received it. The notice will have a receipt number or other case identifier that will make it easier for USCIS to find the form you filed. Then you should call the national USCIS Contact Center, ...

What happens if you get your correction to USCIS?

If you get your correction to USCIS early enough, it might accept your correction and start work on your form. But if USCIS has already started working on your form and notices a mistake, two things could happen. It might send you a "Request for Evidence" asking you for more information about the mistake.

Can you correct a mistake in a Perm?

Similarly, you can't correct a mistake in a PERM labor certification application. You'll have to withdraw and refile with the correct information, using the online PERM system. Click "Frequently Asked Questions" for a user guide.

Anthony Stroik

Consult with another immigration attorney immediately to see if your case can be saved. It sounds like after the old passport was finally sent it was denied because the medical form expired? It seems USCIS would also have sent an RFE for that, and if they did and a new sealed form wasn't submitted, that should not have happened.

Jeremy Michael Smith

If missing passport copies were the only reason for this denial, you should go see another immigration attorney as soon as you can and explore the option of filing a Motion to Reopen/Reconsider. Saving your case should be your priority. More

Elena L. Kochutin

This is strange .. they usually don't issue a denial until after they've issued an RFE. Sure, you can sue ... I'd start with a consultation with a new lawyer ... to make sure that the lawyer 'really' screwed up...

What is the rule?

Previously, the rules required USCIS officers to issue a RFE unless there was no possibility that any filing deficiency could be cured by submission of additional evidence—situations like when an applicant applies for a non-existent benefit.

Mistakes will be Costly

The subjective decision of judging whether an application has sufficient evidence, and who makes that decision, is one concern Parsonage has about the rules. Denial of an application for missing a critical document is another.

Experienced legal assistance necessary

"Everybody must be much more careful when filing an application,” she says. In the past, “it wasn’t a particularly risky thing to do if you missed something or made a mistake. You’d just get a letter saying, ‘you goofed, send us this.’ Could be a simple mistake like forgetting your bachelor’s degree certificate in the envelope.

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