what are my rights?

D

davli024

Registered Users (C)
two months ago, my lawyer asked me not to bother her in 2 months, because my frequent emails distract her from working, (I sent her one email per day for two days regarding my 485 pending issue, because my RD is Oct, 2001 and I still haven't heard anything, so I thought I have every reason to know a little more from her, apparently she didn't think so), so I didn't bother her for 2 months, this morning she sent me email with the title of "update", saying that my case is still pending and their office has receipt date as early as 09/01/01 hasn't been approved and she will check again in another two month". come on, this is what I got from waiting for 2 months, what is she gonna do after another 2 months? check my on-line status again? I could do that many times a day, why do I have to pay her to do that?
:mad: :mad: :mad: this endless waiting is bad enough and I don't want pay someone to make it worse.
so please friends, help with this, I paid the whole package? what should be the rights I have? what would be the services that I could get? is it wise for me to switch to another lawyer at this time? can I file a complain about her malpractice anywhere?
 
Try getting your status checked through your area senator. Attorneys can't do much if something is stuck at the INS. Delays can be due to many reasons including security check delays. Also, I don't think a new attorney will help in expediting your case. My persional view only.

Best wishes,

Jigesh
 
Please note you paid her for FILING your 485.
Not to expidite the case quickly.....

If you have any issue like RFE, or any question she will help. But if your case is "sitting" in BCIS - means she can do hardly anything.

Laweres and we are the SAME :D:D right now
 
thanks

for the reply, I actually have contacted the senator, unfortunately they said they don't have budget to follow my case.:( , what else can I do?

BTW, my case has been pending for name check for at least 3 months
 
Lawyers out there can be classified into the following:
1. Excellent in Immigration Law and Outstanding in Client Service
2. Lousy in Legal & Client Service
3. Legal Team consists of some poorly trained fresh lawyers
4. Law Office works in many different legal aspects including immigration. (kinda like a Jack of all trades!)

There are many hopeless lawyers out there who act smart and expect high compensation in return.

An RD of 10/2001 sure brings concern to the GC applicant. That’s normal. The problem is that when the lawyer collects the whole money, they sure feel like acting up.

The best bet is to write an email explaining your feelings and wait. Changing lawyers at this time will not help. Was ever a RFE issued? I know a guy (RD: June 2001) who only got his GC approved last week w/o any RFE! The file was missing for over a year. Maybe calling the INS center will help you.

Good Luck!
 
hate to accept the truth

:( but...

I did have rfe, just employment letter (I have been with the same employer and at the same address through the whole process), and the response was received on march, 2003,
now what should I do??????????????:confused:
 
davli024,

Now you are talking! Having a RFE and INS receiving it in March 2003, explains your story a little better.

Even then, a RFE normally don't hang for this long.

If you haven't called and bothered the INS folks, a quick call would help! Note the time of call, the person you talked to and their response.

Good Luck!
 
contact BCIS

I think they state on the RFE that we will update you with the response in 60-90 days and just call them or write a letter... but your best bet is BCIS

No attorney can do anything at this stage.

my 2 cents
 
called BCIS sereval times also,

there was one time, one IIO said my case was assigned to an officer, then after another 2 weeks, another officer said that it never was assigned. then the following times, I got the same answer: waiting for security check result...SSDD :( , I should have wrote down those IIO's names....
 
dude

You had an RFE and you are complaining? There are lots of octoberites with not even an RFE.

I think your lawyer did okay. At least she sent an "update" which means she called them.

The best thing for you to do is call the IIO and politely ask about your status and tell them its been a longtime since you sent them an RFE. Dont bother your lawyer cuz you dont want to piss them and also they may charge you for the extra time they spend answering your emails/questions.

Make sure your EAD and AP are valid.

Good luck.
 
Changing Lawyer Will Not Help

Hi davli024:

To be honest with you, your lawyer doesn't sound bad compared
to mine.

She told me the delay in my case is normal. There was nothing
she could do. Then I asked my employer to call my lawyer
to ask her to help. She told my employer that she had a lot of
Oct cases not approved, and I was the only one who was
concerned. That makes my employer feel I am overly concerned
for nothing.

Also since my EAD expires in late Sept this year, she asked me
to renew my EAD because I may have to wait until at least Sept!

It won't help to change a lawyer. Don't expect a new lawyer
will be any better unless you're very lucky. They are all the same.
It will only waste your money.

---------------------------------
RD 10/09/01
ND:11/24/01
1st FP: 1/22/02
2nd FP: 6/6/03
No RFE yet
 
INS To Davli024

INS To Davli024
"You have the right to remain silent. Anything you say can and will be used to generate an RFE or interview".:D :D :D :D :D
 
Re: thanks

Originally posted by davli024
for the reply, I actually have contacted the senator, unfortunately they said they don't have budget to follow my case.:( , what else can I do?

BTW, my case has been pending for name check for at least 3 months
Click to expand...

I have been told that Senators have to take your case if you ask for help. That's why they have a immigration associate. He took mine but haven't responded yet (timeline 30-40 days)

Maybe we should make a list of Immigration Lawyer with whom we have good experience, kind of like a "white paper"?
 
davli024,

I don;t think your lawyer can do anything about this ...BUT ....there IS something that you could do ( which not many people have done before ) ...

GO TO YOUR ( LOOKS LIKE VERMONT ) BCIS OFFICE !!!!!!


Sounds wierd ...but if you take an appointment and go there personally with all the papers ...they MAY find out something ...

I am not sure whether this will help but very few people have done something like this and when a person in say 10,000 shows up ...they might help you out ....


Maxx.
 
maxx

thank you for the wonderful idea, at least that is sth. I could do, do you happen to know what kind of documents I should take with me? whether this will have some negative effect on my case?
 
davli024,

I am glad you liked the idea ...since no one does something like this ... I am not sure whom to meet and what papers to take ..

A good guess about the person to meet would be an immigration officer .. now I am not sure whether BCIS will entertain such a request on phone ....just gatecrash and try to meet an officer !!!

About the documents ....all the docs that prove your current status and all related GC documents like labor receipt ...I-140 receipt ....I-485 receipt and all that Jazz ....

The only risk in doing this is if you have been out of status ...then it might come up BIG time as you are going to be under the microscope ...but all this if you DO get an appointment ( which is highly unlikely ) .....


If you are confident about Ur. status ....then make sure you write a nicely drafted letter and take it with you ....


Good luck ...


Maxx.
 
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