What a Roller Coster

[smithsue]

Good Day all...

So here is the situation........ Due to so many details of this process we felt it was very important to utilize a lawyer to be sure everything was set. Stepping back a second, my husband is Canadian and was here on a TN working in the US. We met, fell in love and married. We then went for his and his son's family based green cards. Process started May 2008. We finally had our interview last week.

My husband was approved with no issues. Yippee!!! However my son (stepson) was not. His I-485 was denied because our lawyer forgot to fill out a I-130 for him.

So now do we start all over? Do we have to pay all the fees again? The physical and the Biometrics?

I am obviously not as confident with my Lawyer after the recent issues.... so I would like some feed back... Pretty please.... help

 

[Al Southner]

Good Day all...

So here is the situation........ Due to so many details of this process we felt it was very important to utilize a lawyer to be sure everything was set. Stepping back a second, my husband is Canadian and was here on a TN working in the US. We met, fell in love and married. We then went for his and his son's family based green cards. Process started May 2008. We finally had our interview last week.

My husband was approved with no issues. Yippee!!! However my son (stepson) was not. His I-485 was denied because our lawyer forgot to fill out a I-130 for him.

So now do we start all over? Do we have to pay all the fees again? The physical and the Biometrics?
I am obviously not as confident with my Lawyer after the recent issues.... so I would like some feed back... Pretty please.... help

I thought the lawyer was going t make sure that all paperwork was set? If I were in your situation, I would tell the lawyer to pay for all the filing fee, because he screwed you over... You should write a letter to your lawyer, explain to him or her that you want new filing for your step-son, which he or she will pay for filing and all the mailing because you paid her/him to do a professional job, not a shoddy one. If he/she refused to pay the filing fee and is not willing to remedy the situation, contact your local bar association and report this to them. In your communication with the bar, indicate that you want him to pay for these costs and he's refusing or not willing to remedy the situatin, so as a body of professionals, they can remedy the situation for you by calling him before the disciplinary board to hear the matter.... If this fails, contact your local TV stations, find out which one has a consumer affairs program airing in prime time, write them a letter, call and explain your situation to them, shoddy lawyers make for a good TV, especially since he really missed the boat here...

 

[kittenKat]

I'm afraid you have to submit everything again (I assume your stepson is still a kid (under 18 years old, I believe). It's not all that difficult to fill those forms, and you can submit everything together. BUT I'd contact your lawyer and request him to reimburse you for all those wasted money. That's clearly HIS fault for not making the work right (considering he was preparing all papers from the beginning).

 

[smithsue]

Yes she did everything from the beginning. If fact she herself when she first came here went through this process. She kept telling the Officer that he was a miner and did not need the I-130 form.... but i dont see that it is possible to NOT have the I-130 form ??????????? This seems like a HUGE mistake or she has never done this before?

My husband is not sure he wants to confront her about her paying the fees....seing as she has all our details and we still "need" her..... But I dont think we should have to repay for something we paid her to do and she did nto do..... Just when I thought stress would be over!

 

[trialanderror83]

Yes she did everything from the beginning. If fact she herself when she first came here went through this process. She kept telling the Officer that he was a miner and did not need the I-130 form.... but i dont see that it is possible to NOT have the I-130 form ??????????? This seems like a HUGE mistake or she has never done this before?

My husband is not sure he wants to confront her about her paying the fees....seing as she has all our details and we still "need" her..... But I dont think we should have to repay for something we paid her to do and she did nto do..... Just when I thought stress would be over!

Fire her!

 

[Al Southner]

Yes she did everything from the beginning. If fact she herself when she first came here went through this process. She kept telling the Officer that he was a miner and did not need the I-130 form.... but i dont see that it is possible to NOT have the I-130 form ??????????? This seems like a HUGE mistake or she has never done this before?

My husband is not sure he wants to confront her about her paying the fees....seing as she has all our details and we still "need" her..... But I dont think we should have to repay for something we paid her to do and she did nto do..... Just when I thought stress would be over!

Your husband should start wearing man pants. We do difficult things in life as men, so confronting a lawyer over a shoddy work should be a piece of cake. I'd like to be in a room with that lawyer and explain to her why she needs to pay for these fees. No one can be petitioned by a family member without a I-130. A lawyer who failed the bar 3 times is able to know that for the love of all that is NOT sweet...

Having your paperwork isn't a big deal, you can just ask her to send you all the paperwork back to you or hand them over. In this country, you can fight whomever you want, especially someone who makes a living out of this process. Again, your husband is able to let you know if he's unhappy about something and confront you (it happens in all marriages), so why can't he do it with someone who he's not sharing a bed with? I rather be in good terms with my bed partner than my lawyer... Growing some cojones will be a step in the right direction...