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Sweetheart92

My lawyer is crazy! Seeking help

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Hello guys,

 

this is is crazy to hear but I hired a lawyer to handle my k1 visa around May of 2016. My case is going through the consulate in Baghdad, my fiancé did his interview on 9/28/16 .my fiancé is in AP .  I started to notice that after I paid the lawyer in full. He started to be less cooparative with us. Lastly he is rude . I sent him an email about the recent news on changes about immigration ban and he was definitely rude with me and I'm frustrated. I will paste a copy so you can read. His tone is changed with me! I need help . What should I do! I don't want him as my lawyer any more . Is there a way I can get my money back?!!! He is not being a professional lawyer! 

 

HELLO, DID YOU READ MY EMAIL!? Lay off this nonsense.

 

I will email the consulate, but don’t expect miracles. You are up against two problems: (a) the consulate is not setting interviews; (b) your case is under administrative processing. Even if the consulate WERE setting interviews, that doesn’t mean that they would issue a visa to your fiancé. They were already taking a close look at your case before Trump’s administrative order. There was something about your case that concerned the consulate, and that is why it was frozen

 

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Do not understand what you issue is, seems factual.

 

Of course you can take him off your case, not sure how much more he would have to do when you are at this stage, did his fee include adjustment etc?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Is he a US-based lawyer? If so, you can file a complaint with his state's bar association.

 

That said, while unprofessional in that one snippet of a conversation, he's not wrong. What he said is factually correct, and there is nothing he can be doing for your case right now....unless you want him to be filing/joining lawsuits against the entire Executive Order (think $$$s). I know the TRO is in place, but he can't do anything about what the individual embassy does in response currently. You, like many others, are in a waiting period for AP. The embassy likely was not working on your case during the ban, and they probably have a backlog of more urgent work to process before the TRO potentially gets lifted.

 

As for getting your money back, you would need to show that he did not do the work and then sue him for it. That....usually doesn't go well.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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2 minutes ago, geowrian said:

Is he a US-based lawyer? If so, you can file a complaint with his state's bar association.

 

That said, while unprofessional in that one snippet of a conversation, he's not wrong. What he said is factually correct, and there is nothing he can be doing for your case right now....unless you want him to be filing/joining lawsuits against the entire Executive Order (think $$$s). I know the TRO is in place, but what he can't do do anything about what the individual embassy does in response currently. You, like many others, are in a waiting period for AP. The embassy likely was not working on your case during the ban, and they probably have a backlog of more urgent work to process before the TRO potentially gets lifted.

 

As for getting your money back, you would need to show that he did not do the work and then sue him for it. That....usually doesn't go well.

I agree with the bar association complaint.  If you want to try and to get some money back, contact the lawyers office and tell them you're complaining, usually they'll refund you a portion of your lawyer fees in exchange for not complaining. 

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He did write "lay off this nonsense" ?  I just saw that.

That is unprofessional !


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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I think he meant the use of all caps in his comment of "Lay off this nonsense".  All caps is perceived to be yelling or using an aggressive tone in text.

There is not much he can do, you are in AP and probably will be for awhile.  Sorry.

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The first line in all caps and "lay off this nonsense" is totally unprofessional. Totally not ok for him to talk to you that way. You're the client and he shouldn't be demeaning to you. 

 

You're not gonna get your money back, but you can cut him out and handle your case yourself now. 

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Definitely a line of unprofessional behavior. I'm curious as to what the OP was demanding of him and how many times? There are two sides to a Lawyer/client relationship.  


 
12/31/2015 - New Year's Eve 2015 Engagement
03/19/2016 - I-129F Package sent via Express Mail (Cashier's Check)

03/21/2016 - Notice of Receipt (Text/Email)

03/24/2016 - NOA1 Approval :dancing:

06/13/2016 - NOA2 Approval :dancing:

07/13/2016 - NVC Case received and Case # Assigned. YES!!!! :dancing:

07/19/2016 - K-1 document package arrives Tokyo, Japan Consulate

07/22/2016 - Packet 3 Received and Returned

08/07/2016 - Tokyo Embassy Interview...APPROVED!!! :dancing:

08/09/2016 - Passport & Visa Received from Embassy

09/29/2016 - POE San Francisco, CA

10/28/2016 - MARRIED!

11/09/2016 - AOS Package Received

11/18/2016 - Electronic I-131, I-765 NOA1, I-485 Biometrics Fee Acknowledged.

11/26/2016 - I-131, I-765 NOA1 Letters Received

11/27/2016 - I-485 NOA1 Received

12/14/2016 - Biometrics Done

02/11/2017  - RFE Recieved for EAD

02/13/2017 - Response to RFE Sent for EAD

02/21/2017 - EAD & I-131 Approved

03/01/2017 - EAD/AP Combo Card Received

 

 

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I would imagine there have been other emails before this and the lawyer has told you multiple times and you probably aren't listening or liking the answers you've previously received, hence the new tone.  Lawyers are human. 

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Well, for you to write in all caps asking if he'd read you email is rude. All caps is considered yelling. You only gave us a small snippet of the conversation and I would love to know how many times you emailed him before this reply. Seems to me he's irritated at you for a reason. Why are you asking for him to arrange for an interview when your fiance already had one in September? People do not have another interview unless the consulate themselves asks for one, you do not have the authority to ask for another interview just because you're frustrated about how long AP is lasting. Something is off and it appears you're not telling us the entire story. What exactly do you mean he's being less cooperative since you paid him in full? Do you mean that he isn't giving you the answers you want to hear? Have you ever stopped to think and understand that AP is a black hole and there is nothing he can do to change the fact that it's entirely out of his control. My husband was in AP, I know how it works.

 

Everything he said is factually correct. There is absolutely nothing he or anyone else can do to expedite AP and no one can tell you how long it will take, it's over when they are done with their background checks. If you don't like him, fire him and I'm not really quite sure why people are telling you to file a complaint when we do not know what lead him to tell you to stop your nonsense. I'm thinking he may have had a good reason to do so. Just because you pay someone doesn't give you an excuse to be rude and overly demanding.

Edited by mimolicious


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