RFE attorney fee

Poppi

Registered Users (C)
Hi
I posted the same question in I-140 EB-1 but would like to have more info on it.

Recently I got a RFE for my I-140 application and understand this is normal nowadays. Unfortunately my attorney asked $ 1000 to prepare some reply for the RFE. What he said is in the contract there is NO statement regarding RFE, meaning "you have to pay".
He will not do anything unless I pay the money.

What I'd like to know is to pay for RFE is normal (favor whatever) or that attorney is not good. If it is true then almost everybody prepare additionl $1000 all the time.

Please tell me your experience.
 
poppi:

It is normal to get an RFE as you mentioned. Whether it is normal for an attorney to charge $xx for a reply to that RFE really depends on individual / company contracts with that attorney. In these days, very many company's are pushing this expense on the candidate. So you can it is normal!
 
Originally posted by Poppi
Hi
I posted the same question in I-140 EB-1 but would like to have more info on it.

Recently I got a RFE for my I-140 application and understand this is normal nowadays. Unfortunately my attorney asked $ 1000 to prepare some reply for the RFE. What he said is in the contract there is NO statement regarding RFE, meaning "you have to pay".
He will not do anything unless I pay the money.

What I'd like to know is to pay for RFE is normal (favor whatever) or that attorney is not good. If it is true then almost everybody prepare additionl $1000 all the time.

Please tell me your experience.

Poppi,


Generally the agreements by the attorneys' are carefully worded
and say that the fee agreed is for normal process and would also
say that any additional representation would cost more.

Whether they really apply that and try to collect additional money
from the candidate depends on their style of business.

In your case it looks like you would be better off to pay this
money and hope for the best. Also note that after the approval
you can handle the cp process (if that was your choice) yourself
without the need for any attorney.

Raju
 
my lawyer did not charge me for RFE.

Nowadays RFE is quite common. If the attorny didn't explain possible additional fee before signing on the retainer agreement, it's a kind of fraud in my opinion.
 
My understanding is that RFE means that attorney did not do the good job at first place, otherwise he/she should foresee what is going to happen. Probably it is a bit unfair to say these days since RFE becomes normal, as of I heard not many of them would charge for reply RFE. In most case they just act as a document pass agent. I had 2 RFEs, I was not charged.
 
An RFE sometimes means that the attorney did not do a good job, but sometimes it means that there is some weakness in the case, that the adjudicating officer wants to verify that a condition still exists or wants further proof of a certain issue, or even that the adjudicating officer is simply an idiot.

Whether you have to pay for the time spent to answer an RFE will depend on the retainer agreement.
 
Unless you had prior agreement with your lawyer, you should not pay any fee to your lawyer for RFEs. Simply because this practise will encourage immigration lawyers getting greedy. To get more money from you he can simply miss some required documents sending to BCIS. Not only you lose the money more importantly it delays your case. Expose the name of your laywer or the lawfirm to the online immigration community like this one and save other immigrants from being exploited by this lawyer again!!!
 
Beware: You have a greedy attorney.
I never heard an attorney demand additional fee for RFE as long as the
the applicant is with the original sponsor and the circumstances you case has not changed substantially.
Besides, I-140 belongs to you company. If I were you, I would get rid of this attorney and give him/her some bad publicity on these forums.
 
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