Problems with application due to lawyer's mistake

[emirica]

Here is the story:

The father's company applied for green card. The family is: wife, 18-years old son and 21-years old daughter (in March 2008 turned 21), all in US previously on H1/H4. The family is not from a retrogressed country (E-2 application).

The lawyers initially said that they applied for I140/I485 in Dec 2007. They also applied for AP and EAD for all.

The daughter is a college student in US for the last two yaers. In Jan 1, 2008 left for an internship in UK (with the approval from the lawyers). She was on H-4 at that time.

In Feb. they received notice for Biometrics. The daughter comes from UK for Biometrics. At the POE they told her that her H4 expires in March 2008 and they let her in.

While in US for Biometrics she also received her AP.

She leaves for UK again on Febr. 2008.

In march 2008 she turned 21, as I said and her H4 also expired.

Now the lawyers look back at the papers and say that they actually applied for I486 on Jan. 9 2008 when she was not physically in US and that her AP will be revoked (as per their request fo USCIS) and she will have to go back to her country and apply for F4.

Her studies in UK end in May 2008.

Is there anything that can be done?

This is all the lawyers’ mistake and the girl has to pay the price?

Please, I would appreciate your input.

Thank you.

 

[Jackolantern]

Now the lawyers look back at the papers and say that they actually applied for I486 on Jan. 9 2008...

What is I-486?

...when she was not physically in US and that her AP will be revoked (as per their request fo USCIS)

The lawyers are going to request USCIS to revoke the AP?

 

[emirica]

I meant I485, sorry.

Yes, the lawyers have the intention to notify USCIS that she was not in the US at the time of application. They say that this invalidates her application and they suggest her to try to get F-1 from her university.

The father asked the layers not to notify USCIS, but they say it's impossible. The funny thing is they know that she left US on Jan 1. 2008 from her father, that thought she was fine, since the lawyers said the application was sent in Dec. 2007.
They have no document of her departure or anything. She did surrend I-94 at the airport when she left US on Jan. 1, but will USCIS catch this? And will they do anything to the lawyers?

 

[nscagony]

It doesn't matter who's fault it is, the AP is invalid and void. However, if her father is still in H1 status then she is still eligible for H4 status despite her stamp being expired. So she should immediately get a new stamp and return to the US, apply for new AP, wait for it to arrive and then continue her studies on that. The I-485 should be fine since she left on H-status.

 

[Jackolantern]

It doesn't matter who's fault it is, the AP is invalid and void. However, if her father is still in H1 status then she is still eligible for H4 status despite her stamp being expired.

Having turned 21, she is too old for an H4 as a child of the primary.

USCIS apparently doesn't know she wasn't in the US at the time of I-485 filing, or they wouldn't approved the AP and taken fingerprints.

Cases like this show why you should not take lawyers' word for something, unless there is no other choice. Always demand proof. If they said they filed it, get the filing receipt. And don't let them fill out papers and send them off without you seeing them first. To them you are just one case in a thousand, to you the case is your life. They will never take it as seriously as you do.