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Results 1 to 4 of 4

Thread: visa application "discrepancy" - HELP... lawyer problems

  1. #1
    We have a lawyer, filing my husband's paperwork. Husband entered US without inspection twice, in 1997 and 2000.

    Lawyer advised us to not mention 2nd entry in visa application, although our approved I-130 says his last entry was in 2000. Her office fills out forms, then sends to us to check and sign. My husband signed this visa and it was sent. He is scheduled for initial interiew in 1 month.

    I wrote letter to our lawyer demanding that she fix this error. She wrote back and said she "strongly" advises us that we not make any changes to the visa, that our answers are fine based on a "literal" interpretation of the question: "List all residences and visits to the US" - so yes, he did reside in US since 1997, but left for a month visit home. Finally, she has said that if my husband "insists" on making the change, she advises us that we find new legal counsel.

    Any advice?

    Should we find another lawyer? We are out about $9000 to this lawyer. Can I get my money back? Should I report her to an ethics board?

    Should we let things be? Is this "literal" interpretation acceptable?

  2. #2
    We have a lawyer, filing my husband's paperwork. Husband entered US without inspection twice, in 1997 and 2000.

    Lawyer advised us to not mention 2nd entry in visa application, although our approved I-130 says his last entry was in 2000. Her office fills out forms, then sends to us to check and sign. My husband signed this visa and it was sent. He is scheduled for initial interiew in 1 month.

    I wrote letter to our lawyer demanding that she fix this error. She wrote back and said she "strongly" advises us that we not make any changes to the visa, that our answers are fine based on a "literal" interpretation of the question: "List all residences and visits to the US" - so yes, he did reside in US since 1997, but left for a month visit home. Finally, she has said that if my husband "insists" on making the change, she advises us that we find new legal counsel.

    Any advice?

    Should we find another lawyer? We are out about $9000 to this lawyer. Can I get my money back? Should I report her to an ethics board?

    Should we let things be? Is this "literal" interpretation acceptable?

  3. #3
    In the short time I've been active here, I have not seen many immigration lawyers post. Only someone expert in immigration could really give you an informed answer, as it relates to law. I'm curious to know why you did not ask her to expound on why she believes this is critical? Perhaps there is a specific element of law, in the interpretation she is recommending, which may prove to be successful.

    I can only surmise that maybe legal interpretation is rather more specific and not necessarily the obvious to a lay person. As I read the statement, I can understand her proposition since your spouse was residing in the USA as of 1997, and therefore, to leave and return would hardly be classified as a visit. We don't normally visit our own home country. Maybe there is some validity to this claim, but you are best served to ask her directly. If you are still not settled with the explanation and the potential pros and cons she offers, secure a second opinion.

    Good luck!
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  4. #4
    Guest
    Hi Hide,

    If I remember well, entering US twice without inspection means life time ban.

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