hired an attorney but fired her, now my interview date is here, what to do?

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scrcc9

Registered Users (C)
Title says it all...

I hired an attorney who filed my n-400 & my spouse's I-485 & I-130.

Now my interview date is in June.

Here is my question, I have fired my attorney (for a variety of reasons) as the USCIS knows it of right now I have retained an attorney who is to be with me at the time of my interview, but that is NOT going to be the case. Do I need to inform USCIS or will this potentially delay my case or what?

Secondly, what do I need to do after I get my naturalization for my spouse to speed it all up?

Thanks so much.
 
scrcc9 said:
Title says it all...

I hired an attorney who filed my n-400 & my spouse's I-485 & I-130.

Now my interview date is in June.

Here is my question, I have fired my attorney (for a variety of reasons) as the USCIS knows it of right now I have retained an attorney who is to be with me at the time of my interview, but that is NOT going to be the case. Do I need to inform USCIS or will this potentially delay my case or what?

Secondly, what do I need to do after I get my naturalization for my spouse to speed it all up?

Thanks so much.
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Write a registered letter to USCIS letting them know that your attorney no longer represents you. Also, let the IO know the same at interview. If you don't notify USCIS, you risk that your case correspondence is sent to your attorney instead of yourself.

Once you are a citizen, get the I-130 updated by notifying USCIS that you are now a citizen.
 
I hired an attorney who filed my n-400 & my spouse's I-485 & I-130.
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What is your spouse's I-485 based on? You are not a citizen yet, so unless you filed an I-130 years ago, your spouse is not yet eligible for I-485 based on marriage to you.

Here is my question, I have fired my attorney (for a variety of reasons) as the USCIS knows it of right now I have retained an attorney who is to be with me at the time of my interview,
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No they don't know that. Having the attorney prepare and sign your N-400 does not mean USCIS expects or requires them to show up at the interview. You can go to the interview by yourself or bring a different attorney.
 
Jackolantern said:
No they don't know that. Having the attorney prepare and sign your N-400 does not mean USCIS expects or requires them to show up at the interview. You can go to the interview by yourself or bring a different attorney.
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USCIS does know as it requires G-28 form for a lawyer to be present at interview. The G-28 form is lawyer specific. You can't just show up with a different attorney.
 
Hey Folks thanks for all the quick replies.

I stand corrected Jackolantern, only I-130 has been filed on behalf of my wife. I will file the I-485 after I obtain citizenship.

There is a G-28 filed on both my and my spouse's behalf.

What form(s) (if any) do I have to fill and send via certified return receipt to inform the USCIS about no attorney?

Will this delay my interview date?

Thanks for all the help I do appreciate.
 
I agree with Jack's interpretation. You definitely need not show up with an attorney, and I think it is easy to change an attorney before the interview.

My file was prepared by my company's attorney, I never expected him to go to interview with me, the IO asked me if the attorney was coming and when I replied in the negative, he said asked me to sign a waiver. That's all. Going with a different attorney will be similarly simple.

The only other question is whether you want to report the change of attorney now itself. You could do that otherwise mail will keep going to that attorney. However, there will be some lag in processing. I do not see a harm in fixing this at the interview.
 
Bobsmyth said:
USCIS does know as it requires G-28 form for a lawyer to be present at interview. The G-28 form is lawyer specific. You can't just show up with a different attorney.
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The filing of a G-28 doesn't prevent you from going to the interview by yourself. And you can use a different lawyer if you bring a new G-28 to the interview.
 
It does not matter. When you are represented by a lawyer but you show up without a lawyer, the IO will just let you sign a waiver form. This is what I did. I had a lawyer but the layer said it is not worth it to bring a lawyer to interview because
an interview last only 10-20 minutes and lawyers can only be an observer there
 
Bobsmyth said:
USCIS does know as it requires G-28 form for a lawyer to be present at interview. The G-28 form is lawyer specific. You can't just show up with a different attorney.
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You can bring a lawyer with a G-28. It is a simple matter. G-28 does not even need to be filed in advance.
Any lawyer with a G-28 can just show up at interview
 
Jackolantern said:
The filing of a G-28 doesn't prevent you from going to the interview by yourself. .
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From my experence, this is what will happen if you are represented by a Lawyer but you go to interview by yourself

The IO asks:"You are represented a lawyer. Is he here today?".

You answewr:"No he is not"

The IO ask:"Are you willing to go ahead without your lawyer?"

You answer: "Yes"

The IO: "OK, please sign this atterney waiver form"

You sign the form, then everything go ahead as if you were never represented by a lawyer
 
You dont need to anything other than show up..if you show up without your attorney..the IO will ask you to sign a waiver form and thats it!!
 
Except that, like Bob says, the G28 form also tells the USCIS to involve the lawyer you have now fired in all of the case correspondence.

Best case scenario, the old lawyer will get a copy of any letters they mail to you, such as your Oath letter. Worst case scenario, your old lawyer will receive the only Oath letter copy they may send.

You need to let them know that the original lawyer is no longer representing you.
 
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sanjoseaug20 said:
My file was prepared by my company's attorney, I never expected him to go to interview with me, the IO asked me if the attorney was coming and when I replied in the negative, he said asked me to sign a waiver. That's all.
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Did your company have you sign G-28 form, or was only the N-400 prepared by attorney?
 
Bobsmyth said:
Did your company have you sign G-28 form, or was only the N-400 prepared by attorney?
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The N400 was prepared by attorney, and there was a G28 (which I signed) to go along with it.

Full disclosure ... the company used to work with a private lawyer (basically saying he was not on company's payroll). I used this lawyer because of my business relationship with him. Company did not sponsor the filing, and hence calling him company's lawyer is a misnomer ... just in case that makes the situation different.
 
Jackolantern said:
The filing of a G-28 doesn't prevent you from going to the interview by yourself. And you can use a different lawyer if you bring a new G-28 to the interview.
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WBH said:
It does not matter. When you are represented by a lawyer but you show up without a lawyer, the IO will just let you sign a waiver form.
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I never suggested that the G-28 prevents you from going to interview alone. Jackolantern's previous response in post #3 mentioned that USCIS doesn't know OP had lawyer representation as having N-400 signed by lawyer in itself doesn't mean you are represented by lawyer (which is true), and that you can go to interview with or without a lawyer. However ,there was no mention of G-28 requirement for lawyer to be present in his response, so that's why I brought it up.
 
folks thanks for all the great advise....

going without the attorney as it stands....

I will keep make a posting of my interview process.

I will say that right down to the day it took 4 months.

Thanks.
 
my former attorney is filing a with-drawl with the USCIS.

I am not sure if this will delay my case, I don't think it will, but time will tell.
 
scrcc9 said:
my former attorney is filing a with-drawl with the USCIS.

I am not sure if this will delay my case, I don't think it will, but time will tell.
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By firing your attorney, can you get refund of fee or there is no need to pay further?
Otherwise you don't need to fire her. Is she is not that good, you already paid her anyway
 
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