Can you sue Immigration attorney???

H

hangu

Registered Users (C)
My brother's green card was denied because of mistake of immigration lawyer.

The lawyer fedexed paper to immigration one day before my brother's visa expired and the document reached immigration office 3 days late, so he had overstayed for 2 days. Because of this reason immigration denied his 485 approval.

We contacted the immigration lawyer 8 months earlier than the actual filing date. Although there were some time he needed to wait because we needed supporting paper to arrive from home country. But he did have more than enough time to file the papers. The lawyer was paid in full for his service.

Now he is saying that my brother should go back to home country and apply from there.

I would appereciate your advice.
Thanks.
 
Suing attorney will hardly give any advantage for your brother. Not sure why your brother or his attorney is not invoking 245(k) and paying penalty fee.
 
pralay said:
Not sure why your brother or his attorney is not invoking 245(k) and paying penalty fee.
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There is no penalty fee for 245k, but it only applies to EB cases. This might require a little more digging to see what one's options are. Your best bet is to find a better attorney, or file the paperwork yourself.

Let's hear some more information and maybe we can help.
 
My brother came here on tourist visa for six month. He extened tourist visa for another six month. He applied for green card using "extraordinary talent", he didn't have to go thru labor. His 140 was approved. At the very last interview stage they told him that he was out of status for 2 days. apparently the attorney fedexed all the papers just one day before his tourist visa expiration, by the paper reached INS 3 days late. His case for extraordinary talent was very strong. So at the interview INS didn't approve I485 saying he was out of status for 2 days. The lawyer is now saying my brother will have to go to home country to file the paper work again.
This lawyer is one of the reputed one in DC area. How can they make such a simple mistake and it has huge effect in our life.
 
hangu said:
So at the interview INS didn't approve I485 saying he was out of status for 2 days. The lawyer is now saying my brother will have to go to home country to file the paper work again.This lawyer is one of the reputed one in DC area. How can they make such a simple mistake and it has huge effect in our life.
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How can they? Because they are a moron.

Ask the attorney if he knows what the term "245K" means, and how he got his law degree without knowing it.

Your brother needs a new attorney.
 
hangu said:
My brother came here on tourist visa for six month. He extened tourist visa for another six month. He applied for green card using "extraordinary talent", he didn't have to go thru labor. His 140 was approved. At the very last interview stage they told him that he was out of status for 2 days. apparently the attorney fedexed all the papers just one day before his tourist visa expiration, by the paper reached INS 3 days late. His case for extraordinary talent was very strong. So at the interview INS didn't approve I485 saying he was out of status for 2 days. The lawyer is now saying my brother will have to go to home country to file the paper work again.
This lawyer is one of the reputed one in DC area. How can they make such a simple mistake and it has huge effect in our life.
Click to expand...

If your brother's case is in the employment based category of alien with extraorindinary ability, then 245(k) should apply and he should not have a problem for that 2-day overstay. Fire his current lawyer and ask for refund of attorney fee. Also immediately file motion to reopen his I-485 case.
 
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