Help!! Immigration attorney is lying

[Lora18 8]

Hey guys, i have a dillema atm. We recieved our NOA2 July 20, and our case status via USCIS website is "Case was sent to Dept of State". Since I've been reading a lot here in visajourney and I'm included in visa support groups in FB, I am 100% sure that there is an expedite process at NVC, so I had my husband asked our lawyer if it's possible for us to have the case expediced (due to medical reasons) and the lawyer bluntly replied there's no expedite process at NVC, and we should wait atleast 6 months before I get an interview (I am the benificiary). 

 

I'm thinking if I should just do it instead of relying to our lawyer?

And why did he say that in the first place?

If I did request an expedite process,is he going to drop our case? 

 

We already paid him in full and I don't want to jeopardize the process. What should I do?

[Roel 7,193]

Well, what kind of medical reasons? It would have to be extremely severe for any expedite to be accepted.

[Penguin_ie 6,002]

There may be a missunderstanding; the lawyer may have meant there is no expedite  for you, as in there is no point in you requesting one because it will be denied.

 

No one can tel you what your lawyer will do if you go against his advice, but if you truly think he outright lied, ask him about it, and consider sacking him.

[Lee & Lei 42]

I do not believe it is possible to expedite the NVC stage. Average waiting time is 9-11 weeks, and once approved, within a few weeks (although they state it can take up to 3 months depending on the embassy's case load) after that you should get the interview appointment. They will give you about a month's notice prior to the interview. So at a minimum, it will be about 4 months. 

[NikLR 13,234]

17 minutes ago, knightofdight said:

I do not believe it is possible to expedite the NVC stage. Average waiting time is 9-11 weeks, and once approved, within a few weeks (although they state it can take up to 3 months depending on the embassy's case load) after that you should get the interview appointment. They will give you about a month's notice prior to the interview. So at a minimum, it will be about 4 months. 

Yes there is an expedite at the NVC stage.  It uses the same criteria as the USCIS and bypasses the NVC for the most part.  THe DS-260 still normally needs to be filed but they do not review any paperwork and send it all to the consulate or embassy if they approve the expedite.  Sometimes it really doesn't save any time. 

[p287 1]

I would recommend reviewing the written agreement with your lawyer.  Many such agreements state outright that the lawyer must act in the best interest of the paying client.  If your lawyer is, in fact, lying to you, he may be nullifying the contract.

 

Below is what the U.S. Department of State says about expediting a visa application.  You will have to determine if it is applicable to your case.

 

"I have been waiting for a very long time for my relative to get an immigrant visa. Now there is a family emergency and I need my relative to immigrate soon to the U.S. Can NVC help me?

If a visa is available for your relative’s category, and their case involves a life or death medical emergency, processing of your case may be expedited. To request a review for expedite, please submit a letter (or statement) to the NVC from a physician (or medical facility). The letter must include the physician’s (or medical facility’s) contact information, and declare a life or death medical emergency exists. This documentation may be in the form of a scanned attachment to an e-mail.

If a visa is not available, unfortunately there is nothing that the NVC can do to expedite the petition. Immigrant visa processing is governed by the Immigration and Nationality Act of 1952, as amended, which controls availability of visas. There is no provision within the law that would allow the Department of State to issue a visa to someone for whom a visa is unavailable."

 

Source: https://travel.state.gov/content/visas/en/immigrate/nvc/immigrant-processing-faqs.html

[DILAW 94]

I dealt with my State's congresswoman's immigration clerk and she told me there is no expedite at the NVC stage.  When I contacted my State's Senator's immigration clerk she told me its very hard to get an expedite with the NVC unless it's a medical emergency.  The medical condition has to be tied to one of the married couple not members of their family.

I don't think the lawyer is lying, but if you ask the lawyer "why others were expedited?" I am sure he/she will explain to you why he said there is no expedite with the NVC and I believe he probably was speaking about your case.

I am not sure why a lawyer would lie to you because he can request an expedite and charge you more.  It's more work for him if you think about it. 

But I say call the NVC and request an expedite yourself which you can. 

However, your lawyer saying the NVC process will take 6 months is not a stretch.  I think your lawyer is trying to make you not set your expectations too high.  If you think about it the USCIS will send your case to the NVC which can take 1-2 weeks.  Then the NVC will take 1-2 weeks to process a number for your case.  Then you have to fillout the first form, then the second form, then pay the first fee then the second fee.  This will take 1 week in best cases. then you have to send your documents which will take 1/2 week for the NVC to receive them and say another 1/2 to update your case and start reviewing them.  The review process according to what people are seeing is 11 weeks.  Then you have to add 1.5 months at least for the interview depending on how busy the embassy is, but this can take up to 3 months just for the embassy to give you an interview.  So, the process can take 5.75 months - 7 months.  I don't think your lawyer is lying, but you need to ask him/her the right questions to clarify what he tells you.

Edited August 8, 2017 by DILAW