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Guidelines for Immigration Matters and Attorneys.

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  • Guidelines for Immigration Matters and Attorneys.

    TO all,
    I am trying to post the guidelines for any one who are dealt or dealing with immigration matter
    You are welcome to add any suggestion so everyone can benifit.

    1) While dealing with Immigration Lawyer take consultancy in details before hiring him as your Lawyer.
    2) not all the Immigration attorneys have knowledge in all the immigration area, ask him regarding particular case related to your concern and his sucess in the same matter before hending over the case( EX: Family AOS, 245I, Political asylum, Waivers,etc)
    3) Ask if he is member of any orgnaisation. sometime if the attorney has lack of knowladge of some area he can call to other members and get the answer for you.
    4) Keep and ask all the copies what was filed and filing for your record. specially the receipts, it will be very helpful for future.
    FOIA takes more then 3 months, and information becomes handy if needed, ( alien dont have to wait for FOIA info).
    5) ask your attorney about the filing and result in both ways ( id denial what will be the next step and if approve then wht will be the next step for further proceed)
    6) you must ask your attorney about the time line , Many filings are coupled with time, and if time expires the alien will be refrain to adjust, ITs always better to ask the attorney if the resultantant will be time bounded. wht will be the time limit? 30 days 90 days.
    7) must ask your attorney about on going process and if time bounded. Lets say if someone appeal the decision, and next step is brifing , the time will be short and may be 10 days. id you know for hand that briefing schedule allow you only ten days you can be prepared for hand with all the evidence, afidavits and briefing notes.
    8) keep calling your attorney for update of your case if any new corrospondance was done/received.
    9) I don't recommand to call you attorney for your processing times update as its not in their hand.
    Its a discussion, not a legal advise..

  • #2
    TO all,
    I am trying to post the guidelines for any one who are dealt or dealing with immigration matter
    You are welcome to add any suggestion so everyone can benifit.

    1) While dealing with Immigration Lawyer take consultancy in details before hiring him as your Lawyer.
    2) not all the Immigration attorneys have knowledge in all the immigration area, ask him regarding particular case related to your concern and his sucess in the same matter before hending over the case( EX: Family AOS, 245I, Political asylum, Waivers,etc)
    3) Ask if he is member of any orgnaisation. sometime if the attorney has lack of knowladge of some area he can call to other members and get the answer for you.
    4) Keep and ask all the copies what was filed and filing for your record. specially the receipts, it will be very helpful for future.
    FOIA takes more then 3 months, and information becomes handy if needed, ( alien dont have to wait for FOIA info).
    5) ask your attorney about the filing and result in both ways ( id denial what will be the next step and if approve then wht will be the next step for further proceed)
    6) you must ask your attorney about the time line , Many filings are coupled with time, and if time expires the alien will be refrain to adjust, ITs always better to ask the attorney if the resultantant will be time bounded. wht will be the time limit? 30 days 90 days.
    7) must ask your attorney about on going process and if time bounded. Lets say if someone appeal the decision, and next step is brifing , the time will be short and may be 10 days. id you know for hand that briefing schedule allow you only ten days you can be prepared for hand with all the evidence, afidavits and briefing notes.
    8) keep calling your attorney for update of your case if any new corrospondance was done/received.
    9) I don't recommand to call you attorney for your processing times update as its not in their hand.
    Its a discussion, not a legal advise..

    Comment


    • #3
      Thanks Mohan for the info.

      Comment


      • #4
        deport illegal aliens

        Comment


        • #5
          deport guest

          Comment


          • #6
            These are great advises. I have an attorney that is sending me crazy. I do not know what else to do. He filed my case in April of 2001. Immigration requested more info by July 2002, the info was given to the attorney who probably sent it in late, then had to file to re-open the petition in September 2002. In January of 2003 I visited the BICS site and discovered the a decision was made on the case in october 2002, however the attorney claim that he did not receive a reply. I tried to acquire the decision but was told by immigration that a third party cannot receive the information, because I am the benificiary. Only the attorney or the petitioner can. Since the petitioner has requested the info, but has not receive a reply. Can you believe the attorney says he still has not received a reply. Some thing is wrong, I am really confused. Good advise is hard to come by.

            Comment


            • #7
              Thats why I wrote these advise and ask anyone to add sensible. Everyone is welcome.

              You can Ask For FOIA request. IT totally carelessness of atttorney, he might received the reply but lost it or never filed in your file. You will get the truth once FOIA is file. FOIA record will point out the address of reply sent.
              Sometime its hard to open the motion to reopen in that case you have to file complaint against the attorney and then copy of complaint to be attached and Incompetiency of Lawyer should be the base of your re-opening the petition.BIA may take into consideration.

              Comment


              • #8
                Thank you! Actually, I tried another lawyer and his advise was to pursue the process before getting a new attorney. However what is FOIA, and do I acess it thru' the same means.

                Comment


                • #9
                  Notice Which Fails To Include Correct Zip Code Is Not Properly Addressed

                  Comment


                  • #10
                    what ana?

                    Comment


                    • #11
                      FOIA= Freedom OF information Act.

                      Comment


                      • #12
                        FOIA is crap by now...

                        Comment


                        • #13
                          Mohan, r u a lawyer?

                          Comment


                          • #14
                            To They Don't Respect That Anymore: No, I disagree, FOIA is still useful, it just takes them a really long time to process. It is true that under the current attorney general the culture is to NOT divulge info if there is an excuse not to, but if you make your request broad enough to get what you want but still narrow enough to be reasonable, you can get a lot of useful information out of it.

                            I can't remember the form number right now, but you can find it on the BCIS website along with directions where to send it (usually to the same district office or service center you sent the original filings to). Be sure to follow the directions carefully and use a broad phrase like "Complete immigration file, including (but not limited to) notes made by interviewers or any other person accessing or reviewing the file, and any videotapes, audiotapes, or other electronic records or documents whatsoever" in the part where you describe what you are looking for. Also, at the bottom of the first page, you do not necessarily need to fill in every single blank space (they mark the really critical stuff with an "*"). Several of the questions there will not pertain to a majority of information requesters.

                            My understanding is that there is no charge for responses to FOIA requests, unless there is a significant amount of coying (more than $25) involved. In the vast majority of cases, the copying charges are not signicant enough to cause a charge.

                            On a related point, you should be aware that if you want you can run your own criminal background check at the FBI to see what is in your file. I think there are directions on how to request this on the FBI site. It involves sending them a fingerprint card and a nominal fee. It is not really necessary (unless you have some reason to think you have record there), but I think it is kind of neat you can do that, and there is always a tiny, smidgen of a chance that there is something crazy in your file (i.e., that they have you mistaken for somebody else) that it would be good to straighten out before going in for your BCIS interview. And the fee really is very nominal.

                            Comment


                            • #15
                              G-639

                              Comment



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