lawyer is jerking me around, i think

[h_bomb 0]

hi everyone, i'm new here. my name is heather and i am a u.s. citizen living in canada, who is petitioning for my canadian fiancé. we hired an immigration lawyer, unfortunately, and i'm not getting much information from him. i am currently trying to line up a job back in indiana and i am just waiting for an approval notice, NOA2, before i go. i'm not sure exactly when to expect this notice, as i see some people are getting it within 2 months, and some people within 4. i emailed my lawyer's assistant on May 28 to see if she had gotten NOA1 yet (I-129f was sent May3), but she said no.

i am waiting for some kinda case number so i can guage when i will get NOA2. i emailed my lawyer's assistant again on June 11 telling her that i would like the priority date from the first NOA, since i had read that the case number is not assigned till the second NOA. i waited 3 days and did not receive a reply. on the 3rd day, i sent another email asking her to charge my next payment to my credit card. i received a reply immediately, but no mention about the email i had sent 3 days ago. so i waited 4 more days and after no reply, i sent an email directly to my lawyer and mentioned that i was nervous about the case and that i needed some kind of update and that i was not sure if NOA1 had come in yet. then i threw in some things about my next payment, just to make sure i would get a reply. he sent me back a short mail saying that i still owed some disbursements and courier fees, but didn't specify or give me a total. then he mentioned that they had received NOA1 and his assistant had emailed me awhile back, yet the only email i had gotten from her mentioning any NOA was the first one that said they hadn't received anything yet. but, i was polite and apologized to the lawyer and said that maybe i had mistaken what she had said, then i asked for a total of everything i owed, but only when he got time. that was also on the 18th, i haven't received anything back yet. today, i received a call from a prospective employer and i have no idea what to tell them because i don't want to start before the case receives approval. so i called USCIS' hotline and they told me that my case has no lawyer or representative on file, but they had sent my first NOA to my mom's house in indiana on May29th, and that i should get in contact with her to get my receipt number. i gave her a call, and she never received it, though, her mail sometimes gets delivered to the lower apartment. also, i'm wondering if he would've even gotten my first NOA if he's not listed as representing me. is he pulling my leg?

thanks for any help

[msu17 0]

Did you pay with check? You can get the case # off the cancelled check from your bank and enter it online to check your status.

[TimsDaisy 0]

Is this a US attorney?

Ask the attorney, in writing, for an accounting of your case so far: dates action was taken, total charges, etc. Say you are considering terminating representation and need to know exactly what documents he has in his possession.

Give him a deadline, say, 10 business days, or you will contact the State Bar and report him for potentially withholding client material.

In the meantime, find out of that NOA1 is, in fact, with your Mom. She can read the "WAC" number to you - that's your USCIS case number. You can use that to make an online portfolio at www.uscis.gov to track your progress. Sometimes NOA1s do take a while to mail out. Moreso lately.

The average processing time for an I-129F is 2.9 months. Figure something around 90-110 days as a rough estimate.

best of luck.

(p.s. save all the email correspondance. if you do file a complaint, it will be damning to show that the office responds to fee questions so fast, but not case questions. in most states, also, a client has an absolute right to all of his/her case materials. the lawyer may not withhold anything, even if payment isn't made. rules can vary by state, however).

Edited July 9, 2007 by TimsDaisy

[Kym 0]

My first lawyer (the idiot) filed and yet I received the NOA1 in the mail because he did not put his name in the correct place that he was representing us. (He did everything else wrong, why not that too). Once we had to refile and had a different lawyer, she did things much differently and correct. The NOA1 was sent to her and as soon as she received it, she emailed me a copy.

You should have a right to everything that they have on file for you. I would stop emailing and try the phone calls...demand that you speak to someone that knows about your file.

This is a US attorney and are they near you? Can you show up in their office in person?

I hate to say it but I do think there are more than we think out there just trying to make a buck and doesn't care if they do you justice or not. In my case, I don't think he was trying to be malicious or rip us off...he was just plain stupid...full stop!

Have you checked with the state bar to see if this attorney is in good standing? If they keep screwing you around, file a complaint as well with the state.

I know too well about having a incompetent lawyer. Another thing you may want to try is getting in contact with whomever is in charge of that lawfirm (if it is someone other than the one representing you).

Good Luck...you certainly have my sympathy.

Edited July 9, 2007 by Kym

[h_bomb 0]

Did you pay with check? You can get the case # off the cancelled check from your bank and enter it online to check your status.

no, unfortunately, i had to pay with an international money order from canada. it's drawn on the deutsch bank in the states, but i couldn't find any way to track it.

thanks for the suggestion!

p.s. what part of ohio are you from?

[h_bomb 0]

Is this a US attorney?

Ask the attorney, in writing, for an accounting of your case so far: dates action was taken, total charges, etc. Say you are considering terminating representation and need to know exactly what documents he has in his possession.

Give him a deadline, say, 10 business days, or you will contact the State Bar and report him for potentially withholding client material.

In the meantime, find out of that NOA1 is, in fact, with your Mom. She can read the "WAC" number to you - that's your USCIS case number. You can use that to make an online portfolio at www.uscis.gov to track your progress. Sometimes NOA1s do take a while to mail out. Moreso lately.

he is based in ontario, but he is also licensed to practice in new york state and goes there occasionally for business. i've hired him here, so i don't think i can go to the state bar, but i may be able to do something here, i don't know. i've called my mom and she never received the notice. he said that he had received one, but now i'm not so sure since USCIS doesn't even list him as my representative. he did not give me any details on the receipt he claims to have received.

thanks for your help :-)

[h_bomb 0]

My first lawyer (the idiot) filed and yet I received the NOA1 in the mail because he did not put his name in the correct place that he was representing us. (He did everything else wrong, why not that too). Once we had to refile and had a different lawyer, she did things much differently and correct. The NOA1 was sent to her and as soon as she received it, she emailed me a copy.

You should have a right to everything that they have on file for you. I would stop emailing and try the phone calls...demand that you speak to someone that knows about your file.

This is a US attorney and are they near you? Can you show up in their office in person?

I hate to say it but I do think there are more than we think out there just trying to make a buck and doesn't care if they do you justice or not. In my case, I don't think he was trying to be malicious or rip us off...he was just plain stupid...full stop!

Have you checked with the state bar to see if this attorney is in good standing? If they keep screwing you around, file a complaint as well with the state.

I know too well about having a incompetent lawyer. Another thing you may want to try is getting in contact with whomever is in charge of that lawfirm (if it is someone other than the one representing you).

Good Luck...you certainly have my sympathy.

thanks, kym. i think it might be a good idea for me to call him. you mentioned that you once had to refile... is this because the lawyer did not fill out the right spot for his representation? eeek, i hope i don't have to pay again--he charged me $2500 and i got a quote from another lawyer for $3500 so either way, i am screwed if i have to file again. also, when he messed up your papers, did he get a copy of the NOA, or only you did? i'm just hoping that we don't have to refile if he submits his correct papers. :-(

[msu17 0]

I'm from NW Ohio, near Toledo. That stinks you couldn;t have used a personal check... If he did recieve a notice, make him give you the case #, or call USCIS back and keep asking to speak with someone until they give you the case #.

[TimsDaisy 0]

Is this a US attorney?

Ask the attorney, in writing, for an accounting of your case so far: dates action was taken, total charges, etc. Say you are considering terminating representation and need to know exactly what documents he has in his possession.

Give him a deadline, say, 10 business days, or you will contact the State Bar and report him for potentially withholding client material.

In the meantime, find out of that NOA1 is, in fact, with your Mom. She can read the "WAC" number to you - that's your USCIS case number. You can use that to make an online portfolio at www.uscis.gov to track your progress. Sometimes NOA1s do take a while to mail out. Moreso lately.

he is based in ontario, but he is also licensed to practice in new york state and goes there occasionally for business. i've hired him here, so i don't think i can go to the state bar, but i may be able to do something here, i don't know. i've called my mom and she never received the notice. he said that he had received one, but now i'm not so sure since USCIS doesn't even list him as my representative. he did not give me any details on the receipt he claims to have received.

thanks for your help :-)

you absolutely can go to the state bar. if this guy is licensed by a US state and practicing US law, then he is beholden to the laws/rules governing practice there as well. if he ISN'T appropriately licenced, there is probably an appropriate mechanism in both NY AND Canadian law by which you can recover all monies paid and end his legal career.

contact both the state bar in new york and whatever equivalent legal oversight board/org exists in ontario (i'm sure there is one) on what your options are. you have many, of that i am sure.

[TimsDaisy 0]

My first lawyer (the idiot) filed and yet I received the NOA1 in the mail because he did not put his name in the correct place that he was representing us. (He did everything else wrong, why not that too). Once we had to refile and had a different lawyer, she did things much differently and correct. The NOA1 was sent to her and as soon as she received it, she emailed me a copy.

You should have a right to everything that they have on file for you. I would stop emailing and try the phone calls...demand that you speak to someone that knows about your file.

This is a US attorney and are they near you? Can you show up in their office in person?

I hate to say it but I do think there are more than we think out there just trying to make a buck and doesn't care if they do you justice or not. In my case, I don't think he was trying to be malicious or rip us off...he was just plain stupid...full stop!

Have you checked with the state bar to see if this attorney is in good standing? If they keep screwing you around, file a complaint as well with the state.

I know too well about having a incompetent lawyer. Another thing you may want to try is getting in contact with whomever is in charge of that lawfirm (if it is someone other than the one representing you).

Good Luck...you certainly have my sympathy.

thanks, kym. i think it might be a good idea for me to call him. you mentioned that you once had to refile... is this because the lawyer did not fill out the right spot for his representation? eeek, i hope i don't have to pay again--he charged me $2500 and i got a quote from another lawyer for $3500 so either way, i am screwed if i have to file again. also, when he messed up your papers, did he get a copy of the NOA, or only you did? i'm just hoping that we don't have to refile if he submits his correct papers. :-(

sweet lord, that's a lot of money. you DEFINITELY need to get on him and find out what's up. even if that's CAD and not USD....

if you have to file again, which you probably won't, but IF, you can try to rely on VJ to help you through most of the process. unless you have some out-of-the-ordinary circumstances (past trouble with immigration laws, past criminal convictions, etc) then you can likely make it through on your own.

best of luck.

[Kym 0]

My first lawyer (the idiot) filed and yet I received the NOA1 in the mail because he did not put his name in the correct place that he was representing us. (He did everything else wrong, why not that too). Once we had to refile and had a different lawyer, she did things much differently and correct. The NOA1 was sent to her and as soon as she received it, she emailed me a copy.

You should have a right to everything that they have on file for you. I would stop emailing and try the phone calls...demand that you speak to someone that knows about your file.

This is a US attorney and are they near you? Can you show up in their office in person?

I hate to say it but I do think there are more than we think out there just trying to make a buck and doesn't care if they do you justice or not. In my case, I don't think he was trying to be malicious or rip us off...he was just plain stupid...full stop!

Have you checked with the state bar to see if this attorney is in good standing? If they keep screwing you around, file a complaint as well with the state.

I know too well about having a incompetent lawyer. Another thing you may want to try is getting in contact with whomever is in charge of that lawfirm (if it is someone other than the one representing you).

Good Luck...you certainly have my sympathy.

thanks, kym. i think it might be a good idea for me to call him. you mentioned that you once had to refile... is this because the lawyer did not fill out the right spot for his representation? eeek, i hope i don't have to pay again--he charged me $2500 and i got a quote from another lawyer for $3500 so either way, i am screwed if i have to file again. also, when he messed up your papers, did he get a copy of the NOA, or only you did? i'm just hoping that we don't have to refile if he submits his correct papers. :-(

I don't think you will have to refile. Our refiling had nothing to do with our lawyer not filling out his representation correctly. We ended up finding out so many things he did wrong, I couldn't even go into everything. It was unbelieveable. But the reason we had to file again was because the lawyer sent our I-129F petition to National Service Center instead of the Nebraska Service Center. Normally, this should have been no big deal except a little extra time. But for whatever reason, the NSC didn't return the petition nor forward it on to the proper service center. Instead they "administravely closed" it and didn't contact or notifiy anyone of these actions. I didn't end up finding out it had been closed until almost 5 months after it was closed (thanks to the help I received here on vj). Anyway, it gets way more complicated than that, which lead to a congressional inquiry....but the point is that we mainly had to refile because of the error of USCIS.

Now for the first NOA1 I received it was sent to me because as I said before, the lawyer didn't fill things in correctly and they just had my address. He does have a copy of it now and honestly I can't remember if I faxed it over to him or if he got that on his own. I just know that when Darryl and I were meeting with the head of the lawfirm (discussing compensation) they had a copy of it. Once we refiled and everything was done correctly, I did not get a copy of the NOA1 at all...but my (new) lawyer faxed me a copy right off. When they sent out my NOA2, it said on there that it was a courtesy copy and the original was sent to: lawyer's name.

I have to say that you have paid an awful lot of money. Maybe the fees are different where you are than where I am. Our original fee was going to be approx. $1700.00 plus we had to pay all the filing fees (maybe that is where the difference is?). However, since none of this would have ever happened if the idiot lawyer would have done this correctly in the first place (which we had to cancel a wedding as well...that he told us would be safe to plan because we were allowing more then enough time), everything we had paid was refunded to us. We made a settlement with the head of the lawfirm, he really did try and be fair about it all. And since we are using another lawyer in the same lawfirm (whom we are very happy with), the entire process is being done for free...filing fees included. (and yes, I'm even getting a bit of satisfaction that the fees are going up and they have to pay them..lol....but hate it for everyone else).

Anyway, as I said before...forget the emails. They are too easy for them to ignore your emails and just respond when they want to which is what they seem to be doing. Call them...get him on the phone..put him on the spot...demand answers. Better yet, show up in person if at all possible.