Can Lawyer withhold my FP notice because I am laid off?

I

I love INS

Registered Users (C)
I am recently laid off during my 485 stage, but I still maintain a good relationship with my employer. However, today when I asked my lawyer to give my FP notice to me, he refused to do so becuase I am laid off. I called my employer from this lawyer\'s office. My employer wanted to talk to him and authorize him to give the document to me. But this lawyer refused to take the phone call while my employer is on the line!!! Unbelievable!! I have no choice but go home.

I filed my 485 back in Feb, therefore I can not be guranteed by AC21. But at least I want to try to save my case. I am one of those unlucky ones who have cases with such a bad lawyer.

Folks, what are my ooptions? How can I get my FP notice and all the furthur correpondence from INS?

Please help! I will greatly appreciate it!

DD
 
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The Lawyer is stupid. I dont know how he knows that you got laid off.
Anyway forget about him. Dont fight with that fellow until you are through your case.

If you are sure that Your Finger print notice is issued,
You can call the INS and ask for another copy to your address.

Also You can cancel the power of attorney to represent the case.
There is one form ( I dont remember exactly) you can fill it and send it to INs
Then In future INS wont sent any notices to that Idiot..
 
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Smart is right.

First of all, who hired the lawyer, was it you or your employer?

If it was you, I dont know how he is representing you by denying you your FP notice

If he was hired by your employer, then since your employer is authorizing him to release the FP notice, what is his problem?

Better consult an other attorney, and get going with the process. Also, GC process,(employment based) is for futture employmebnt. So if your employer is ready to give you a letter of future employment, I do not see a problem, other than if INS sends an RFE for most recent pay stubs

Good Luck
 
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Thanks Smart and 485-pending for your support and advice.

My employer originally hired this lawyer as the corporate immigration laywer, but later he was fired by my company. Howveer, my GC process started before he was fired. My employer still pays the cost toward my GC to this lawyer.

Can somebody give me a hint about where I can find the form of the release of power of atternoy?

No matter what happened, I do not want to deal with this lawyer any more!!

Thank you guys. It\'s already hard enough to be jobless while filing for 485. I feel better now after I read your messages.

DD
 
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I agree with Smart and 485pending. Talk with the lawyer to find out what is their problem when employer is behind you. Is this a lawyer ( and employer ) based in Pittsburgh, PA?
 
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I think it is the FORM G-28 , Entry of Appearance. The form can be downloaded or requested from INS. Talk to a good attorney and ask him if with a new Entry of Appearance for the new attorney, he could request INS to re-issue the FP notice. You may also want to ask him if he can get all relevant documentation frrom the old attorney. I think that should be possible.

Good Luck
 
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Don\'t think this as a roadblock. Talk to the lawyer again.

First verify with IIO if an FP notice has been sent. This will not be easy. You may have to try different IIOs one of them will help you. Then talk to the lawyer or even show up personally in front of the lawyer to get your FP notice.

FP is an important and an easy step that has to happen. You normally have about 90 days to complete FP, if you do not do it within the specified ( in the FP notice ) time period, then it considered that you are abandoning 485.
 
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Talk to the lawyer, and ask him again, if he denys, then tell him that you would report his actions to the Bar. All lawyers who practise law must be an active member of the Bar. Under the attorney-client relationship, he cannot withhold information or FP notice.

If you tell him you\'ll call the Bar, this should pave your way very nice and easy to deal with the lawyer. The Bar keeps records on the attorney, and depending on the past history, can cancel their license to practice law!

You may in addition get yourself a different attorney, and have you files transfered to the new guy. You current attorney cannot hold your file either!!
 
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Thank you guys!!

This lawyer left me a message one week ago to pick up the FP notice. I was so busy interviewing that I could not drive to there to get it.

I just got a call from my employer who said that the lawyer finally agree to send everything to the employer. I will keep my finger crossed.

According to the lawyer\'s old message, the finger print will be on June 29th.

I am still concerned that if this lawyer will mail everything to my employer in a timely manner.

Can I get the FP done without showing the FP notice to FBI?

Thank you again!

DD
 
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I485 is the one you take responsible for. At this stage, company lawyers should not be involved unless YOU hire them, not the company. I don\'t enderstand how can the lawyers volunteer themself without your consent.
 
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Hi I Love Ins,

I think you should try to talk to another lawyer anyway, just in case you need it. If this lawyer is not cooperating now, what is the guarantee that he\'ll do it later. Luckily for you, you are only few steps away from getting GC. If you do not get RFE, you do not have to talk to any immigration lawyer anymore. Even if you get RFE, you could respond to the query yourself provided the SOB (ooops! that was an accident) gives you the original RFE which is required for filing a response.

Good luck to you.
 
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Normally the I485 beneficiary receives copy of FP notice directly from INS. I do not understand why your case is different. You need to take the original FP notice to fingerprinting office as per instructions written on it.
 
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