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  • #2


    • #3
      Does he have a legal assistant or is it just him in the office? Here's my advice.....try sitting outside his office watching for him to go in or out and he'll have no choice but to talk to you. DO NOT LET HIM PUT YOU OFF. Two, file a grievance on him. Contact the court there and ask them where you would send an attorney grievance letter. In the letter explain you have paid your attorney in full, give a brief description of the service he is to perform and how he is not returning your calls. If you're unable to get an address as to where to send the grievance Markos post back to me and I'll call the lawfirm I worked for and try and get it for you.

      Good Luck


      • #4
        Why did you bother with applying for asylum if you were married to a USC? Makes no sense to me. Just apply for AOS on your own; you don't need a lawyer.


        • #5
          First, thank you very much to Aussieusa, I will keep in mind your advice.
          Michail, I was married 2 years ago, and my asylum has been going for 6 years. Thank you much for your response.


          • #6
            you were only approved for I130 which says thatyour marriage is entered in good faith. You have to reopen your political asylum case and adjustment can be done in court only and same judge will open you case no one else.
            You appealed your case and BIA granted you voluntary departure within 30 days, you either leave within 30 day and report to US consulate in your country and do DCF so you can come back . this will only need one waiver.
            If you want to appeal the same case you only have 30 days from the decision date from BIA to do motion to reconsider but keep in mind it will not automatically equitably toll the departure date. your case only be open if you merrit the asylum or in case of joint motion OR based upon marriage( matter of valerde pacheeco). if you think you have good merrit then only you should motion to reconsider other wise leave within time allowed and do DCF.
            if you do decide to file motion to reconsider and it will be denied then you can file appeal in circuit court too. Its all depends upon how strong your merrit is. you know better about your case./
            Its a discussion, not a legal advise..


            • #7
              markos: You have 30 days from the BIA's order in which to file a petition for review in the court of appeals, which has jurisdiction in the circuit where your immigration case was pending. If you are lucky enough to be in the Ninth Circuit, you will be able to obtain a temporary stay of the order of the BIA, almost immediately. You also have only 30 days to file a motion to reconsider (and remand) with the BIA, so that they BIA may send the case back to the Imm Judge. You have also 90 days from the same date of the BIA order, to file a motion to reopen, seeking essentially the same relief. If I were you, I would waste no more my time to go back to the lawyer that you said has not been too responsive to your needs. If I were you, I would NOT attempt to represent myself whether or not you are married to one US citizen spouse or ten of them for that matter. There are so many variances in the immigration law, that you are not aware, and it is highly probable that you may lose your one opportunity to adjust status, by attempting to represent yourself. For example, you have not mentioned whether or not you last entered into the US with a non-immigrant visa or were paroled into the US. If you entered without inspection, you could not apply for adjustment of status no matter how many American citizen wives you may have.

              I would ask you: What State, City was your immigration case pending? Did you enter the US with a non-immigrant visa or were you admitted? Do you have a criminal record even if minor? What is your country of nationality? Was your asylum case documented? Did you have a problem with credibility with the immigration judge?

              On another note, if your I-130 has been approved since September of 2004, you will need to do some explaining to the BIA, why are you now attempting to reopen proceedings nearly four months later. One of the requisites for filing a motion to reopen, is that you show the motion is based on new facts. These are facts that were not in existence before while proceedings were pending and you must show that the new facts could not have been reasonably presented earlier. However, if you provided the approved I-130 to your attorney and he/she did nothing to move the BIA to remand to the judge as you seem to indicate, you may have an issue or claim of ineffective assistance of counsel.

              Thus, if you want to succeed in your efforts to obtain adjustment of status, do not shoot yourself in the foot by attempting to represent yourself. Remember this: "A lawyer that represents himself has a fool for a lawyer".


              • #8
                Thank you much app works. I thank you for everything. To explain this better, I came here with a vissa, and the reason wahy my asylum was denied was, because of my 1 year deadline. We are already working with another lawyer, but he can not do much, because my lawyer is not giving him any info of where we are. It is still a little not clear for us of what is the best way to go.
                Thank you.


                • #9
                  As a follow up. APP works and my last post. I don't think anywhere any onw said that you are going to Be pro See( representing yourself). next step.. even your New attorney Move to BIA based upon the facts are not available at previous hearing may not work either for two reason. First In motion cases Change in circumstance are looked upon the change in the base of asylum claim, You situation of marying to USc is not a part of asylum case and Motion is solely based upon Asylum. Yes Case can be reopen based upon the relief available to alien with the proof that marriage is entered in good faith and there is no bar( I want to make it clear here that if sometime there is a bar to adjust the status and due to that reason motion was always denied)
                  Second, Even you meet the merit of relief Judge still can deny the motion and no court have jurisdiction over the denial to the motion.
                  In effective counsel representation is far from here. There are certain procedure to prove tha attorney's ineffeciency called LOZADA motion followup.
                  If your attorny don't have infor then let him file For FOIA request and he/she should file for reconsideration with BIA ASAP with any information and his E-28 with the request that he/she was recently retained by his client and requested FOIA and will provide supplement briefing as it become available.
                  Its a discussion, not a legal advise..


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