Attorney Negligence: Need advice, didn't follow process(merged)

[agc522 0]

The attorney filed the I-130 11/1/13, we received a RFE 5/5/14 - requesting documentation for my husband's divorce decree, the attorney submitted only the back page of the divorce decree with no translation, so this set us back 30 days to straighten this matter. Then he filed the online DS-260 8/18/14 and the NVC sent a RFE on 9/11/14 for all of the documentation including I-864, birth certificates, etc. Apparently the attorney submitted the documents electronically which should not have been done because the beginning of the case number started with CDJ and only to mail the documents. Then 12/1/14 the NVC sent a request for evidence for the joint sponsor requesting her "total income" instead of just her "individual income" in part 6, line 13.a., which it clearly states the total from your "federal income tax return." Well, we then signed, scanned, emailed these documents to the attorney as he requested and NOW, the NVC has requested on 2/24/15 the original signatures on the I-864 which it clearly states in the instructions of filling out this form. He has blown all of these errors off such as the fault of the USCIS/NVC and this is common. But from what I have researched an immigration attorney should know how to submit this paperwork. All of the small errors as he has said has caused us a delay of 6.5 months, this 6.5 months our family could have been together instead of now STILL WAITING. Does anyone have any advice on how to handle this situation? Has this happened to anyone else?

[Jabl2rom 54]

The attorney filed the I-130 11/1/13, we received a RFE 5/5/14 - requesting documentation for my husband's divorce decree, the attorney submitted only the back page of the divorce decree with no translation, so this set us back 30 days to straighten this matter. Then he filed the online DS-260 8/18/14 and the NVC sent a RFE on 9/11/14 for all of the documentation including I-864, birth certificates, etc. Apparently the attorney submitted the documents electronically which should not have been done because the beginning of the case number started with CDJ and only to mail the documents. Then 12/1/14 the NVC sent a request for evidence for the joint sponsor requesting her "total income" instead of just her "individual income" in part 6, line 13.a., which it clearly states the total from your "federal income tax return." Well, we then signed, scanned, emailed these documents to the attorney as he requested and NOW, the NVC has requested on 2/24/15 the original signatures on the I-864 which it clearly states in the instructions of filling out this form. He has blown all of these errors off such as the fault of the USCIS/NVC and this is common. But from what I have researched an immigration attorney should know how to submit this paperwork. All of the small errors as he has said has caused us a delay of 6.5 months, this 6.5 months our family could have been together instead of now STILL WAITING. Does anyone have any advice on how to handle this situation? Has this happened to anyone else?

Fire the attorney and do it yourself.

[EdenG 3]

There is nothing you can do about the mistakes he made. However, you can try going through your state's arbitration services to try and recoup the fees. If that doesn't work, then sue him for malpractice. I'd also refer the lawyer to the Model Rules of Professional Conduct under the Bar Association.

http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_preamble_scope.html

Fire him and dispute the fees.

[UnaMexicana 153]

Not just fire him and dispute fees. Report him to the BAR.

The attorney filed the I-130 11/1/13, we received a RFE 5/5/14 - requesting documentation for my husband's divorce decree, the attorney submitted only the back page of the divorce decree with no translation, so this set us back 30 days to straighten this matter. Then he filed the online DS-260 8/18/14 and the NVC sent a RFE on 9/11/14 for all of the documentation including I-864, birth certificates, etc. Apparently the attorney submitted the documents electronically which should not have been done because the beginning of the case number started with CDJ and only to mail the documents. Then 12/1/14 the NVC sent a request for evidence for the joint sponsor requesting her "total income" instead of just her "individual income" in part 6, line 13.a., which it clearly states the total from your "federal income tax return." Well, we then signed, scanned, emailed these documents to the attorney as he requested and NOW, the NVC has requested on 2/24/15 the original signatures on the I-864 which it clearly states in the instructions of filling out this form. He has blown all of these errors off such as the fault of the USCIS/NVC and this is common. But from what I have researched an immigration attorney should know how to submit this paperwork. All of the small errors as he has said has caused us a delay of 6.5 months, this 6.5 months our family could have been together instead of now STILL WAITING. Does anyone have any advice on how to handle this situation? Has this happened to anyone else?

[NYCruiser 423]

There is nothing you can do about the mistakes he made. However, you can try going through your state's arbitration services to try and recoup the fees. If that doesn't work, then sue him for malpractice. I'd also refer the lawyer to the Model Rules of Professional Conduct under the Bar Association.

http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_preamble_scope.html

Fire him and dispute the fees.

I agree....our attorney also forgot to include in the K1 Visa 129f application that we will get married within 90 days. We got an RFE which delayed by 1 month.

THEN after my fiance got here we elected not to use him. He gave incorrect information that my fiance would not be able to work for a year until the GC comes which is totally incorrect. He also advised us incorrectly the same thing with theSocial Security Card.

We decided to do it ourselves and it was fine

[Darnell 8,478]

my advice -

submit an invoice back to the attorney for partial refund of fees paid due to errors and negligence.

then, after 45 days of non-payment, take him to small-claims court.

finally, file a complaint with the state bar association.

[Ms Hogan 295]

my advice -

submit an invoice back to the attorney for partial refund of fees paid due to errors and negligence.

then, after 45 days of non-payment, take him to small-claims court.

finally, file a complaint with the state bar association.

AGREED completely!

You have been ripped off and your process has been delayed due to this selfish person's negligence.

Get this person off your filing so that you can move forward on your own and correct all their mistakes. Only YOU care as much about your case as is needed to get through this effectively. Take your time. Clean it up. You can do it!!

[mojorisin 5]

Utter incompetence. Definitely dispute the fees. In Nevada, it goes to arbritration and an attorney hear's both sides. If your attorney has any self respect he will return all monies to you at arbritration or sooner to get this resolved.

I have had a similar experience with an ignorant immigration attorney. She told me that my assests alone was enough and that I did not need a joint sponsor. Even though I had no income, no work history. When my wife got her interview date, the ignorant immigration attorney said that was a "good sign". I thought to myself, this attorney is clueless. As expected, the U.S. consular refused the visa saying I needed a joint sponsor.

[agc522 0]

Utter incompetence. Definitely dispute the fees. In Nevada, it goes to arbritration and an attorney hear's both sides. If your attorney has any self respect he will return all monies to you at arbritration or sooner to get this resolved.

I have had a similar experience with an ignorant immigration attorney. She told me that my assests alone was enough and that I did not need a joint sponsor. Even though I had no income, no work history. When my wife got her interview date, the ignorant immigration attorney said that was a "good sign". I thought to myself, this attorney is clueless. As expected, the U.S. consular refused the visa saying I needed a joint sponsor.

I definitely want to dispute the fees, I did pay him to do one job and that was "paperwork" and that couldn't even be done right.... I am worried about our interview as well, trying to do all the research I can to ensure it goes well. I also want to sue him, his mistakes has cost me 6.5 months of not being with my family, I just don't see how this is fair, I knew this was going to be a long process and a hard process but he has taken time out of my life with my family, how can you even put a price on this.. Anyone ever sued an attorney for such a thing?

[aaron2020 11,651]

my advice -

submit an invoice back to the attorney for partial refund of fees paid due to errors and negligence.

then, after 45 days of non-payment, take him to small-claims court.

finally, file a complaint with the state bar association.

The law does not work that way. You can not unilaterally send a bill and then sue for nonpayment. The case would be tossed. The OP can sue for for failure to provide service under the engagement agreement if there is no arbitration clause. The OP can not sue for the made-up bill.

Furthermore, most if not all attorneys have arbitration clause in their contracts.

The best way to get a refund is the threat of being reported to the local and state bars. That's the leverage that gets real world results.

[aaron2020 11,651]

I definitely want to dispute the fees, I did pay him to do one job and that was "paperwork" and that couldn't even be done right.... I am worried about our interview as well, trying to do all the research I can to ensure it goes well. I also want to sue him, his mistakes has cost me 6.5 months of not being with my family, I just don't see how this is fair, I knew this was going to be a long process and a hard process but he has taken time out of my life with my family, how can you even put a price on this.. Anyone ever sued an attorney for such a thing?

Hi,

Check your agreement with the lawyer. Is there an arbitration clause? If yes, then you can not sue. You must go through arbitration.

Tell the attorney that you want a refund. If he does not want to give you one, then tell him you will report him to the local and state bars. This is not a threat. Do not make it a threat. Just tell him that it is within your rights to ask for a refund for failure to provide adequate legal services under the agreement, and a failure to negotiate a settlement means you can pursue other legal remedies. Do not elaborate.

[agc522 0]

Hi,

Check your agreement with the lawyer. Is there an arbitration clause? If yes, then you can not sue. You must go through arbitration.

Tell the attorney that you want a refund. If he does not want to give you one, then tell him you will report him to the local and state bars. This is not a threat. Do not make it a threat. Just tell him that it is within your rights to ask for a refund for failure to provide adequate legal services under the agreement, and a failure to negotiate a settlement means you can pursue other legal remedies. Do not elaborate.

I never signed an agreement? Only have the invoice...

[aaron2020 11,651]

I never signed an agreement? Only have the invoice...

Since there is no agreement, you can sue for him for failure to provide adequate services.

As a practical way to get your money back, small claims court is going to cost you more in time and effort than an agreement for a refund. Use the threat to his law career as a negotiation tool. That is your best realistic way of getting a refund since no attorney wants a public record of being disciplined by the legal bars.

[agc522 0]

My Attorney made several mistakes on our case, costing us about 8 months of not moving, all the way up to the time of the interview, he gave us false information. I want to sue him for the fees charged. Do I sue him personally or can I go through the Bar Association to do this, will they help me? I have evidence of all of the times he messed up our case and gave false information.

[Ontarkie 13,883]

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