Can i return with my green card by blaming advocate malpractice?
I came to the states on March 31, 2001 in decree to be eligible for the amnesty that was applied then. My legal representative didn't apply until May 05 2001, when the deadline was April 31st. For 8 years and after two times being rejected and appealing i finally get my I-140. When i tried to change my status and file the subsequent step he then told me that he had applied behind time. Is there a way that i can embezzle him to court and show that without his malpractice i would have be eligible, keeping in mind that if they aproved my I-140 they obviously want me to be surrounded by this country. I have all of the evidence and money he took from me that shows that he never told me something like the late application.
Answers:
Unfortunately, you cannot not. You may take the issue up with the BAR or the skipper of his practice, but USCIS will not be the platform for these issue nor will they issue you a green card because of your attorney's negligence. Try calling one the their service centers and see what advice they will give you.
I certainly don't remember any amnesty being granted within 2001. You can file all the claims you want but you will want a whole lot of money to pay a attorney to defend you. Any punishment would come from the state bar. I believe malpractice applies to medical personal.Your claim would be misrepresentation = Untrue representation; false or incorrect statement or tale
First past its sell-by date an I-140 establishes 2 things:
1) The financial position of the company
2) If you are qualified for the position
It does NOT mean they want you in the country.
Also the attorney is hired by your employer NOT you. If you have a problem you can talk to your employer not his attorney (who ethically can not tell you anything). If you paid a legal representative to file for you...
You can complain to the bar association almost him but...
You would also have to know why the application was behind schedule! He needed paperwork from your employer. Was that the reason?
I think you are out of luck. Sorry!
Ask the attorney who will take on the case .. if you can find one . you still wont receive the GC though just maybe compensation
First, I am very sorry you have to experience this.
Unfortunately, I believe the argument "that without his malpractice I would have be eligible" is open to debate, for the following reasons:
a) You be rejected on two subsequent applications.
b) You were only standard after a second appeal
c) Your attorney (as disorganized as he was) is not responsible for determining eligibility for the I-140. He only files the papers. No argument can be made that even with a "perfect" on-time application you have a 100% chance of approval, because the committee still could turn down your application.
My humble suggestion would be this: Your primary objective is that Green Card. If you call for to switch lawyers then by adjectives means do so if you think it's surrounded by your best interest. But don't get distracted. Going after lawyers for malpractice is confrontational them on their own turf. It's extremely tough to do.
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Answers:
Unfortunately, you cannot not. You may take the issue up with the BAR or the skipper of his practice, but USCIS will not be the platform for these issue nor will they issue you a green card because of your attorney's negligence. Try calling one the their service centers and see what advice they will give you.
I certainly don't remember any amnesty being granted within 2001. You can file all the claims you want but you will want a whole lot of money to pay a attorney to defend you. Any punishment would come from the state bar. I believe malpractice applies to medical personal.Your claim would be misrepresentation = Untrue representation; false or incorrect statement or tale
First past its sell-by date an I-140 establishes 2 things:
1) The financial position of the company
2) If you are qualified for the position
It does NOT mean they want you in the country.
Also the attorney is hired by your employer NOT you. If you have a problem you can talk to your employer not his attorney (who ethically can not tell you anything). If you paid a legal representative to file for you...
You can complain to the bar association almost him but...
You would also have to know why the application was behind schedule! He needed paperwork from your employer. Was that the reason?
I think you are out of luck. Sorry!
Ask the attorney who will take on the case .. if you can find one . you still wont receive the GC though just maybe compensation
First, I am very sorry you have to experience this.
Unfortunately, I believe the argument "that without his malpractice I would have be eligible" is open to debate, for the following reasons:
a) You be rejected on two subsequent applications.
b) You were only standard after a second appeal
c) Your attorney (as disorganized as he was) is not responsible for determining eligibility for the I-140. He only files the papers. No argument can be made that even with a "perfect" on-time application you have a 100% chance of approval, because the committee still could turn down your application.
My humble suggestion would be this: Your primary objective is that Green Card. If you call for to switch lawyers then by adjectives means do so if you think it's surrounded by your best interest. But don't get distracted. Going after lawyers for malpractice is confrontational them on their own turf. It's extremely tough to do.
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