I-485 RFE Lawyer negligence?

N

neodgr8

Registered Users (C)
Hi,

My wife is a Physical Therapist. She got a job offer in late April/early May 2006. She had been given APT (Approval To Test) and a Temporary License in State of Illinois.

On the basis of this our GC was started by company given lawyer in May-June 2006 (we had all documents required to file).

We got an RFE in mid-september and the following documents were required:

1. Marriage Certificate

Primary Applicant
1. Medical Exam

Dependent (myself)
1. I-20s
2. H1-Bs
3. Medical Exam
4. Affidavits for Birth as my birth certificate did not have my name

Our lawyer has always been curt in answering our questions. One thing that is baffling me is how could we file jointly (me as dependent) if our marraige certificate was not provided ?

Secondly why were we not informed to provide Medical Exams (I read in the forum that Medical Exams are supplied while filing I-485). We had all the documents mentioned in the RFE to begin with. If this birth certificate issue would have been caught earlier I could have got the affidavits done right at the time of filing.

The only document that we did not have was Visa Screening from FCCPT which we received on September 15th and forwarded it to the lawyer the very same day.

I totally agree that the immigration procedure is not predictable but did our attorney represent us in our best interests ?

If the answer to the above question is no we plan to inform her employer so that atleast others could benefit.

Also is there something I can do for our case.

Thanks in advance
 
Can I-485 for dependent(spouse) be filed without Marriage Cert?

Hi,

A follow up.

Can I-485 for dependent (spouse) filed without marraige certificate? What is the general practice?

Will an I-485 submitted without marraige certificate receive an RFE?

Thanks in advance
 
medical tests not required-i assume

hello,
my husband and i applied for gc in june'06, we did not undergo medical tests yet for i485-it is the last step ( i am told....)

i hope it helps...
anu
 
My husband (who is a PT) and I applied for GCs in June 06 without the Medical, because our lawyer told us that it will be asked for by the INS at a later date. But some of our friends sent Medical with the I485 application. And while they got their GCs last year, our case has fallen into the retrogression (I think that is what it is called) as the quota of 50,000 has reached.

But another friend who did not send medical with I485 application WAS asked by INS at later date for medical, and she got her GC last year, too.

So, don't know if it is INS' incompetence or the lawyer's carelessness....Like they say, "In the fight between 2 elephants, it is the grass that gets trampled!"
 
...continue from previous msg....

The INS never asked for our Medical. So, we got it done by ourself and instructed our lawyer to send it to NSC. They received it and acknowledged it, although no GC yet.
 
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