I-485 Lawer did not file for my Son

N

Nurpur

Registered Users (C)
Hi,

My lawyer filed my I-485 along with my wife and 7yr son in August 2007 (our priority date is June 2006) I have discovered that my sons filing has been rejected due to the lawyers not sending in the correct filing fee for him (that is what they are saying). They say that they cannot re-file until his priority will be current again. What can I do? Can I hold the lawyer accounable? How does this affect my application?

Thank you.

Nurpur
 
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Is there nobody here who can help me? As you you can imagine, I dont seem to have any where to turn. Is it worth taking legel action against the lawyers? If so, who do I go to?

Thank you.
 
First of all sorry to hear about this. You may get some advice here but value of that is questionable. What helps is the research you can do on this forum to find a case or scenario similar to your issue.

To me it is futile chasing the lawyer. You may end up spending money to bring him to court but what is the point in winning that case when you still can not file for your son. USCIS is not going to let you in because of error of your lawyer even if you win a case in court. And what are your chances of winning ? Lawyers know enough law to protect themself and will make sure of proving an error on your part rather than theirs.

Try to get some written confirmation that filing got rejected beacuse of wrong fee and then ask USCIS but you have very little hope of refiling till PD is current. Your application ( if filed correctly) should be fine. If your son is ageing out ( going baove 18 or 21 search on google for this) then may be you can talk to USCIS about this. There are exceptions.

Nurpur said:
It's getting lonley here.........lots of readers but not advice......anyone?

Nurpur
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Hi BigBang,

Thank you for the reply. The lawer has admitted that they are the ones who who gave the misinformation on the amount, but are now keeping very quite.

I still feel that I should persue their mistake - that is going to screw me up. Any names of lawyers who could handle something like this?

Thanks,

NP
 
Hi rnepal418,

Thanks for the info. I see from your log that you had lawyer issues as well. How did you handle that?

NP
 
Daughters 485 Rejected Due To Wrong fees

Folks,
I have the same issue. My, my wife's and my daughters application were returned back. For me and my wife's case the lawyers said that USCIS made a mistake and in case of my daughter the lawyers sent wrong amount.

First my lawyer suggested we refile just my and my wifes application since it was USCIS mistake. We will send the fedex delivery confirmatyion letter along with it too. For my daughter they mentioned we will have to wait for PD to become current.

Later I convienced that what if we file all 3 applications again, best case my daughters application gets accepted and worst case they rejecte it and will refile when my PD becomes current.

So in the end they have refiled all my familt applications to TSC on 10/1/2007. Also it was refiled in the regular way where it went to the mail room. Now it's wait and watch to seee the end result.

My PD is 03/2005 (EB2). I will update this post once I recieve any feedback from TSC.

In the mean time I would appreciate if folks post their experiences who are in simlar situation and keep on updating the thread as and when they get any feedback from USCIS.
 
Hi alwayson,

I see that your PD is current so that helps your situation, unfortunatly mine is not (EB3 June 2006) so I am stuck as to what to do. Lawyers are not returning calls so not sure what my options are.

I think that it would be a good idea to collect similar situations and have them posted here, that way someone in the know might be able to suggest a solution.

Thanks,

NP
 
Hi alwayson,

Sorry about your PD not being current.

My lawyers assistant replied today saying that they cannot re-file for my son until my PD is current.......at current rates that wcould be well into the next millenium! To keep my son in status with his current H-4, they say they will file for extensions.....who pays all the filling fees? Well me of course! I don/t see it can right that they screwed up and I have to pick up the bill. He aslo says that my I-485 is going to be held up because my PD has regressed. I don't understand that part. I have an interview for FP at the end of month, I would assume 485 for my wife and I will proceed at some pace. Confused, fed up and part thinking that this is not worth the hassle any more.

NP
 
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