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
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.
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!
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.
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.
The U.S. government doesn't know it yetâbut you do. You've realized that you made a mistake on that immigration form you filed.
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, ...
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.
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.
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.
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
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...
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 evidenceâsituations like when an applicant applies for a non-existent benefit.
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.
"Everybody must be much more careful when filing an application,â she says. In the past, âit wasnât a particularly risky thing to do if you missed something or made a mistake. Youâd just get a letter saying, âyou goofed, send us this.â Could be a simple mistake like forgetting your bachelorâs degree certificate in the envelope.