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Please!!! Can Attoney withdraw GC petetion under any circumstances
- Thread starter smala
- Start date
Not at all. lawyer can't withdraw case without employer's consent. I think he needs ur employers sign for withdrawing case.
u can change lawyer anytime, ur new lawyer needs to send new G-28 and needs to get all documents from ur old lawyer by filing some kind of form.
u can change lawyer anytime, ur new lawyer needs to send new G-28 and needs to get all documents from ur old lawyer by filing some kind of form.
caution!
remember, for an I-485 AOS case, YOU are the client, and the lawyer is representing you, regardless if s/he is being paid by your employer or not.
as such, when you have filed a G-28, you have - in essence - given a power of attorney to the lawyer to take actions on your behalf. conceivably, if the lawyer wrote to the BCIS that s/he wants to withdraw the case, it could be assumed that s/he is acting under your instruction or consent.
however, if a lawyer does that without your consent, then they could be in serious breach of the applicable laws and guilty of professionaly misconduct. at the most a lawyer could withdraw HIMSELF from your case, but cannot withdraw your case without your instruction.
if you are fearing any drastic action from your lawyer, i suggest you consult another attorney immediately, and seek their counsel.
please keep in mind that the above is not a legal opinion or recommendation, just a personal opinion. please do consult a qualified immigration lawyer before any decision.
people have been screwed over by their lawyers through incompetence, or worse... don't delay, seek help from another lawyer.
remember, for an I-485 AOS case, YOU are the client, and the lawyer is representing you, regardless if s/he is being paid by your employer or not.
as such, when you have filed a G-28, you have - in essence - given a power of attorney to the lawyer to take actions on your behalf. conceivably, if the lawyer wrote to the BCIS that s/he wants to withdraw the case, it could be assumed that s/he is acting under your instruction or consent.
however, if a lawyer does that without your consent, then they could be in serious breach of the applicable laws and guilty of professionaly misconduct. at the most a lawyer could withdraw HIMSELF from your case, but cannot withdraw your case without your instruction.
if you are fearing any drastic action from your lawyer, i suggest you consult another attorney immediately, and seek their counsel.
please keep in mind that the above is not a legal opinion or recommendation, just a personal opinion. please do consult a qualified immigration lawyer before any decision.
people have been screwed over by their lawyers through incompetence, or worse... don't delay, seek help from another lawyer.
thank you.
he said he would withdraw the case. He is asking for too many things to prove that I live there. He suspects that I am just maintaining that address and live in different state.
Can I change attorney now before RFE is replied. I've until end of April to reply. Or can I change address now and reply RFE. Please advise what is the most appropriate thing to do.
he said he would withdraw the case. He is asking for too many things to prove that I live there. He suspects that I am just maintaining that address and live in different state.
Can I change attorney now before RFE is replied. I've until end of April to reply. Or can I change address now and reply RFE. Please advise what is the most appropriate thing to do.
Although I agree with previous posts on this case, but to me it appears a perfect case for a professional opinion. I would speak to another attorney before taking any action.
As previous post states that an attorney cannot act on a case by himself, he has to have a consent from you. This is what I've understood so far since I started to gain some knowledge of rules and regulations.
Hope this helps.
Thukral
As previous post states that an attorney cannot act on a case by himself, he has to have a consent from you. This is what I've understood so far since I started to gain some knowledge of rules and regulations.
Hope this helps.
Thukral
Hi,
I think we can change attorney at any time. In my case, I got my RFE to my old employer. Since I changed job using AC21, I had to change attoreney. Some how I got RFE from old employer and replied to INS from new attoreny. Still I am waiting for approval. The same is done by some of the collegues in the same company and got approved. You can change attoreny at any time. My new attorney spoke INS headquarters and confirmed that I485 can not be withdrawn by any one except you.. the applicant... Only I 140 can be withdrawn .. which is a grey area... Only some stupid people try to withdraw I485 and do not succeed and I think they should be sued for doing so against our wish..
So change attorney ASAP, if you have the copy of RFE.
I think we can change attorney at any time. In my case, I got my RFE to my old employer. Since I changed job using AC21, I had to change attoreney. Some how I got RFE from old employer and replied to INS from new attoreny. Still I am waiting for approval. The same is done by some of the collegues in the same company and got approved. You can change attoreny at any time. My new attorney spoke INS headquarters and confirmed that I485 can not be withdrawn by any one except you.. the applicant... Only I 140 can be withdrawn .. which is a grey area... Only some stupid people try to withdraw I485 and do not succeed and I think they should be sued for doing so against our wish..
So change attorney ASAP, if you have the copy of RFE.
these are questions for your new attorney. as for the RFE, it does not matter which RFE copy is used, since the BCIS is interested only in the *answer* to their RFE. if you have decided to seek counsel from another attorney, ask him how the transfer of your files will be done from the old attorney. due to the professional courtesy that exists between attorneys, there usually aren't any problems in transfering a case between attorneys. as for the BCIS, the main thing that you have to file with them to signal a change of attorneys is the form G-28. again, if you get a new attorney, they will advise you on the correct procedure.
it seems that there is a difference in opinion between your present attorney and you on how to address the residence issue that you and your spouse have (which i confess still has not been made completely clear to me from your posts). while you may have some ideas of your own, the attorney understands their implications with respect to the law better than us laymen. so unless your attorney is advising you to falisify facts, or prove something which does not accurately and truthfully represent your true situation, i would be very careful in persisting in my point of view, if i were you.
on the other hand, if you feel that there is now enough bad blood between you and your current attorney, and you will be more comfortable starting afresh with a new one, by all means seek one out. in such a case, i would urge you to completely and frankly tell all the facts of your case to your attorney, and give due consideration to his/her views on how they think it is best to handle your case.
don't give up hope. good luck!
it seems that there is a difference in opinion between your present attorney and you on how to address the residence issue that you and your spouse have (which i confess still has not been made completely clear to me from your posts). while you may have some ideas of your own, the attorney understands their implications with respect to the law better than us laymen. so unless your attorney is advising you to falisify facts, or prove something which does not accurately and truthfully represent your true situation, i would be very careful in persisting in my point of view, if i were you.
on the other hand, if you feel that there is now enough bad blood between you and your current attorney, and you will be more comfortable starting afresh with a new one, by all means seek one out. in such a case, i would urge you to completely and frankly tell all the facts of your case to your attorney, and give due consideration to his/her views on how they think it is best to handle your case.
don't give up hope. good luck!
Hi smala,
I used the copy only to reply the RFE. Regarding the other questions, I am not very sure, but as prok chop mentioned you need to have a very good attorney in this case. I saw some posting here saying that some attorneys even do not know what is AC21. So try to catch hold of an attorney who can really help you in these special situations. It is weird that the old attorney is acting against you, where as he is supposed to work in favor of you.
Do not give up... All the best.
I used the copy only to reply the RFE. Regarding the other questions, I am not very sure, but as prok chop mentioned you need to have a very good attorney in this case. I saw some posting here saying that some attorneys even do not know what is AC21. So try to catch hold of an attorney who can really help you in these special situations. It is weird that the old attorney is acting against you, where as he is supposed to work in favor of you.
Do not give up... All the best.
Hi Sameern and Pork chop,
I really appreciate your encouragement and lot of information.
I talked to one of the attorneys my friend's employer is using.
I sent him documents to study the case. If they are willing to take up the case, I believe they would, I would ask them to represent my case. I would know any thing in couple of days.
Thank you
I really appreciate your encouragement and lot of information.
I talked to one of the attorneys my friend's employer is using.
I sent him documents to study the case. If they are willing to take up the case, I believe they would, I would ask them to represent my case. I would know any thing in couple of days.
Thank you
Just inform him
If I was you and I was ABSOLUTELLY SURE that this guy was going to withdraw my case without my authorization!!!!! I would inform him that if he withdraws the case without your consent or authorization, that you will sue him for malpractice, and you will file a bar complaint on every single state that he practices law on.. Plus you will file a complaint to the Immigration Lawyers Association.... Write this on letter form and cc your employer and send it registered mail, after telling him via telephone... Also ask him if he has malpractice insurance and ask what is it because you are planning to contact them.... Also tell him he is fired as of reciept of the letter and that he should send you all the contents of your file effective immediatelly and that he CANNOT take ANY further actions on your behalf.
I work with attorneys and I know what scares them most...
This is what I would do in a very extreme case.. I am not suggesting that you do that.... and I suspect you are mistaken that he would withdraw without your approval, Is like a criminal attorney stating that you are guilty of a crime without your authorization.... You just don't do that.
DO NOT FOLLOW ANY OF THIS ADVISE AS I AM NOT AN ATTORNEY OR KNOW NOTHING ABOUT THE LAW. IF YOU DO YOU ARE DOING IT AT YOUR OWN RISK.....
If I was you and I was ABSOLUTELLY SURE that this guy was going to withdraw my case without my authorization!!!!! I would inform him that if he withdraws the case without your consent or authorization, that you will sue him for malpractice, and you will file a bar complaint on every single state that he practices law on.. Plus you will file a complaint to the Immigration Lawyers Association.... Write this on letter form and cc your employer and send it registered mail, after telling him via telephone... Also ask him if he has malpractice insurance and ask what is it because you are planning to contact them.... Also tell him he is fired as of reciept of the letter and that he should send you all the contents of your file effective immediatelly and that he CANNOT take ANY further actions on your behalf.
I work with attorneys and I know what scares them most...
This is what I would do in a very extreme case.. I am not suggesting that you do that.... and I suspect you are mistaken that he would withdraw without your approval, Is like a criminal attorney stating that you are guilty of a crime without your authorization.... You just don't do that.
DO NOT FOLLOW ANY OF THIS ADVISE AS I AM NOT AN ATTORNEY OR KNOW NOTHING ABOUT THE LAW. IF YOU DO YOU ARE DOING IT AT YOUR OWN RISK.....