I think my lawyer "screwed up"

U

ULTRON

Registered Users (C)
Hello ALL,

My DOB is Sep-1979. We, a family of 4 entered the US in 1998. My mom, who is a registered nurse, petitioned for the whole family in 1999, and everyone but me got GCs.

Here is my situation: I was petitioned by my mom in 1999. My lawyer filed the I485 application, and I was 20 at the time the visa number was issued. For unknown reasons, the INS issued a notice requesting additional evidence or information in this case. However, my lawyer didn't/couldn't respond to this notice, so they denied my application. I asked my lawyer why she couldn't respond, and all she said was I "Aged Out". I find it hard to believe because I was 20 at the time my application was received by the INS. Then, I called up INS myself and found that they had issued a RFE, which went unanswered - and this was the reason they denied my application.

I believe my lawyer "screwed up" something. Then, after I aged out, my lawyer filed a I130 (my GC holder mom petitioning me) - for which I have to wait like 5 years. And now, she wants me to marry a US citizen to get a green card - now is that professional advice?

Did my lawyer screw up something? I'm thinking for applying for Motion To Reopen(MTR) with a different lawyer. Can something be done?
 
My point of view here is:
1. What the RFE was about? if it was concerning about your aging out and if it was before 2002?
You will like to check this out http://uscis.gov/graphics/howdoi/agingout.htm This took effect in August 2002 for applications pending and after it.

2. In any case, your lawyer should contacted you about the RFE instead of not answered it.

3. Your mother is still a permanent resident or is a USC?

4. Fraudulent marriage. To commit fraud is not a professional neither a wise advice and is against the law, which we all should respect and follow.

5. If your lawyer once did something that she shouldn't I think that is better to change of lawyer. You should feel comfortable and secure with him/her and the communication should be totally open during the process.

Good luck,
 
ULTRON,
The CSPA took effect on August 6, 2002. Any petition that was currently pending with the INS was subject to the provisions of the new law.
And you absolutely right – under the new Child Protection Act you’ll be considered “20 years old” as long as your I-130 was pending at that time.
But, if your petition was already canceled by August 2002, then you will have a bit of a problem to re-open it. And, I believe, you can do it only within a year after your initial application was denied. You have to find it out with an immigration attorney.
But first - Fire the one you got. Don’t even think twice. She failed to answer to the REF and she, as an immigration attorney, should know better how important it is to properly and timely answer to any additional evidence requests form INS.
Also - she failed to even inform you, the client, about INS’ RFE so you could have a chance to make your own decision on whatever or not reply to RFE.
What your layer did is called negligence.
I had something like this happen to me ones. My “good lawyer” let his empty-headed assistants to do all the filing and they screw up my file a big time. I lost time, I was so mad. It was back in 1999…..Since than I do all my paperwork and follow-ups myself.
I feel sorry about what happened to you and sincerely wish you good luck with your case!
Jane
 
Thanks for the thoughtful replies everyone. Yes, I'm meeting a new lawyer next week.

I searched my statuses, and my I485 status is "On February 19, 2002, we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed......"

Yes, I did age out on Feb 2002 (I was 22). The funny thing is, if I "really" aged out, they wouldn't issue a RFE, instead, they would issue a NID (Notice of Intent to Deny). The INS guy wouldn't let me know what exactly was in the RFE. He asked me to "ask my lawyer".

My I130 status is "Your I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN was received on April 29, 2002. We mailed you a receipt with......". So, I guess, I wouldn't fit in the Child Protection Act. I'm talking to a better lawyer next week...lets see how things go.

Thanks

ULTRON
 
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