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  • Unfaithful and misleading attorney?

    My company filed LC about for years ago. In December 2003, upon approval of LC we filed I-140/I485/EAD. Nowadays only I-485's are pending. The problem throughout is that the lawyer in charge of my cases has basically done nothing. I have been on top of all the paperwork and the INS forms (I even filled out the forms and prepared the entire package for submission). They just don't track my cases either.

    Our initial agreement was for $2,500, including LC/I-140/I485/EAD. He verbally agreed not to charge at all for my wife's cases. When I-140 got approved he sent me an invoice for $2,000 stating that the money was due because of filing of our (two) I-485 forms. In view of that, I told him I wasn't going to pay a single penny and that from that point onwards I was going to take care of all the communications from BCIS. He seemed to agree. The attorney is a friend of my boss, whom does not want to withdraw this lawyer's representation on our cases because he is afraid of the unprofessional attorney to do something against.

    Last month my lawyer got our fingerprint notifications. He only called me the night before the day of the appointment "to let me know the status of my case", although I had called them several times trying to find out if they had received something in the mail regarding our cases. Fortunately, somehow in advance, I knew that we had to show up at USBCIS office that day for fingerprints.

    I really don't want to have the attorney to represent us anymore, but my boss is pushy in the sense that it does not look good to withdraw him at this stage. Since they are old friends, my boss committed to handle the situation himself whenever it comes to talk to the attorney.

    A few days ago, USCIS mailed some communications on both of our I-485 cases. We have called the law office and they are never available and do not come back to us. When at last I could talk to the attorney's assistant he said that my file is closed and that I should talk to his boss directly, which by the way, is almost impossible.

    Now I think the lawyer is trying to block all communications between BCIS and us and maybe trying to hold notices from BCIS so my case is canceled when no answers are received at the immigration office. All due to the fact that I did not pay him the $2,000.

    I am seriously thinking of filing a complaint with the bar of lawyers even if that means that I have to loose all this time, the money, and even the chance of getting a GC.

    Would you guys give me some advice on these issues and how to proceed in this case?

    Does it really look bad if I have the attorney withdraw his representation?

  • #2
    My company filed LC about for years ago. In December 2003, upon approval of LC we filed I-140/I485/EAD. Nowadays only I-485's are pending. The problem throughout is that the lawyer in charge of my cases has basically done nothing. I have been on top of all the paperwork and the INS forms (I even filled out the forms and prepared the entire package for submission). They just don't track my cases either.

    Our initial agreement was for $2,500, including LC/I-140/I485/EAD. He verbally agreed not to charge at all for my wife's cases. When I-140 got approved he sent me an invoice for $2,000 stating that the money was due because of filing of our (two) I-485 forms. In view of that, I told him I wasn't going to pay a single penny and that from that point onwards I was going to take care of all the communications from BCIS. He seemed to agree. The attorney is a friend of my boss, whom does not want to withdraw this lawyer's representation on our cases because he is afraid of the unprofessional attorney to do something against.

    Last month my lawyer got our fingerprint notifications. He only called me the night before the day of the appointment "to let me know the status of my case", although I had called them several times trying to find out if they had received something in the mail regarding our cases. Fortunately, somehow in advance, I knew that we had to show up at USBCIS office that day for fingerprints.

    I really don't want to have the attorney to represent us anymore, but my boss is pushy in the sense that it does not look good to withdraw him at this stage. Since they are old friends, my boss committed to handle the situation himself whenever it comes to talk to the attorney.

    A few days ago, USCIS mailed some communications on both of our I-485 cases. We have called the law office and they are never available and do not come back to us. When at last I could talk to the attorney's assistant he said that my file is closed and that I should talk to his boss directly, which by the way, is almost impossible.

    Now I think the lawyer is trying to block all communications between BCIS and us and maybe trying to hold notices from BCIS so my case is canceled when no answers are received at the immigration office. All due to the fact that I did not pay him the $2,000.

    I am seriously thinking of filing a complaint with the bar of lawyers even if that means that I have to loose all this time, the money, and even the chance of getting a GC.

    Would you guys give me some advice on these issues and how to proceed in this case?

    Does it really look bad if I have the attorney withdraw his representation?

    Comment


    • #3
      Call BCIS customer service and ask them about any upcoming appointments, also notify them that you no longer wants your mail to be forwarded to the attorney, in addition to reporting him to the bar association.

      Comment


      • #4
        Does anyone have another input? please advice!!!

        Comment


        • #5
          the advice you already received is the best one. Why don't you do that? also, when you call USCIS and tell them to send you all notices directly, make sure you don't tel your boss, who obviously is not on your side. report him to the BAR, it costs you nothing. I actually know someone who works for the BAR. I could put you in touch. Let me know..
          Julie

          Comment


          • #6
            I am in a similar situation. The immigration lawyer has blocked all communications and we can never get hold of him.
            I am wasting much needed time but he won't file my papers and won't return them to me either.

            Julie: Please, could you put me in touch with the person you know at the BAR ASAP? I want to complain but also want to find a way to get my file back.

            Comment


            • #7
              Thank you very much Julie!
              Please let us know how to get in touch with him/her.

              Comment


              • #8
                If your Attorney is playing with you, the best thing YOU SHOULD DO: CALL THE USCIS AND INFORMED THAT ALL MAIL SHOULD BE DIRETED TO YOUR ADDRESS AND NOT TO YOUR ATTORNEY, THIS IS YOUR OPTION HOW EVER YOU WANT TO RECEIVE YOUR MAIL FROM USCIS.

                Comment


                • #9
                  I had a similar problem with my attorney. She never responded to any call, letter, email or fax. I called the State Bar Complain Department and they advised me to write a letter cancelling the client-attorney relationship, but they told me to send it certified with return receipt. Meanwhile, I was researching for a reliable attorney. I sent the first attorney a letter in December and retained an attorney who seems to be excellent two days later. I signed G-28 form to the new attorney. I just got an interview for February 24,2005 and this new attorney is in contact with me over email almost everyday. She has been guiding my gathering of documents. We have an appointment on February 3rd, for her to check everything and prepare me for the interview. I am glad I've changed to a supportive attorney just in time.
                  I wish the same happens with you, and DO call USCIS. Good luck.

                  Comment


                  • #10
                    File a formal written complaint to the Bar Association about the lawyer. Immigration Lawyers can be disbarred as well as any other lawyer. He is a lawyer not a God. Why do you need a lawyer? Can you read and write? You and fill out your own forms and pay with your own check. I have done all my immigraation stuff myself and I have my green card and have filed for my daughter. USCIS has talked and interviewed us - and we have not had to shell out big fees for the lawyer. Customer Service has been great! (Yeah, the wait is long and ardous but much cheaper than with a lawyer). I check out the USCIS Website every day. It's all there!

                    Comment

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