Failed to file the application for 10 yrs GC.

[korat2michigan 0]

My friend decided to hire the lawyer to help her case after she has a problem with her husband (and still does) and also her GC was expired for a few months at that time. She wants the professional to help to make sure everything will be all right. She contacted the lawyer and agreed to hire her to file the application since Apr. She contacted that lawyer sometimes but still no updated. Then last week she checked the money order and found that it never cashed! But she already paid for the lawyer. She contacted the lawyer again and sure it is...The lawyer never filed the application for her. (Reason??...Nobody knows!! Neglect? ) She will go to her office this Monday to ask for all document from this lawyer;

I have some questions if anybody can give the advice;

1. What should she do with this lawyer?? Sue her or not?? Or just walk away and lose money?

2. Can she file the application with old document (not update with date since Apr.) because her husband will refuse to redo all of those doc.. Now he waits to divorce after she gets 10 yrs GC. He hasn't known about this horrible lawyer story yet. First he didn't want to help with document to file it but wanted to send her home instead as he did with his ex-wife. But my friend doesn't let him kick her out easily. She wants 10 yrs GC and starts her new life by her own.

She will file the application ASAP but doesn't sure how updated the document should be.

Thanks for all advice,

[meowmeowmeow 1]

does your friend have documentation of her visit to the attorney and/or the attorney's intention to do the work she/he was supposedly hired to do? that may help when it comes to proving your friend's claim as to why she didn't file to remove conditions sooner...

[Brother Hesekiel 2,236]

Residency expired. Separated from husband but not divorced yet. How would her lawyer file for her? Sue the lawyer?

[korat2michigan 0]

does your friend have documentation of her visit to the attorney and/or the attorney's intention to do the work she/he was supposedly hired to do? that may help when it comes to proving your friend's claim as to why she didn't file to remove conditions sooner...

I asked her and she said she has all the copy also the payment evidence...On Monday she will go to the lawyer office and at least she might write the complaint to that lawyer's boss...

Thank you to remind this point...

[korat2michigan 0]

Residency expired. Separated from husband but not divorced yet. How would her lawyer file for her? Sue the lawyer?

Residency expired. Separated from husband but not divorced yet.

A: They still live together with the miserable life... He doesn't offer the financial support at all. She has to go out to work with friend (though visa expired) in order to save some money to pay the cheating lawyer and to spend for her own...waiting for the 10 yrs GC. Her husband helped to prepare all document to file for 10 yrs GC. Threw all doc at last mins after buying the time til it's expired! But it's already late to file anyway. He helped her with the condition that he will divorce her after her 10 GC arrives.

How would her lawyer file for her?

A: The lawyer said it's fine with this case and prepared many evidence to show why they will file late (police report, hospital record, friends and neighbours notes etc as their marriage is not smooth as a silk before...) The lawyer cash was paid. Everything seemed to go well except the lawyer didn't file it for her.

Sue the lawyer?

A: No idea...Any advice?

Edited November 1, 2009 by korat2michigan

[meowmeowmeow 1]

How would her lawyer file for her? Sue the lawyer?

as i wrote, at least the fact that she may have some kind of documentation of her even attempting to contact the attorney/make plans to be represented by them/etc etc...can hopefully help them out.

thanks.

How would her lawyer file for her? Sue the lawyer?

as i wrote, at least the fact that she may have some kind of documentation of her even attempting to contact the attorney/make plans to be represented by them/etc etc...can hopefully help them out.

thanks.

[candelari 0]

Residency expired. Separated from husband but not divorced yet. How would her lawyer file for her? Sue the lawyer?

Residency expired. Separated from husband but not divorced yet.

A: They still live together with the miserable life... He doesn't offer the financial support at all. She has to go out to work with friend (though visa expired) in order to save some money to pay the cheating lawyer and to spend for her own...waiting for the 10 yrs GC. Her husband helped to prepare all document to file for 10 yrs GC. Threw all doc at last mins after buying the time til it's expired! But it's already late to file anyway. He helped her with the condition that he will divorce her after her 10 GC arrives.

How would her lawyer file for her?

A: The lawyer said it's fine with this case and prepared many evidence to show why they will file late (police report, hospital record, friends and neighbours notes etc as their marriage is not smooth as a silk before...) The lawyer cash was paid. Everything seemed to go well except the lawyer didn't file it for her.

Sue the lawyer?

A: No idea...Any advice?

before you sue the lawyer collect all t he evidence about lawyer and file fot grivience via state bar. You can find more info from the state bar web site.The lawyer has to answer that.

File for ROC ASAP with the letter explaning the situation. You will probably get a RFE and bunch of other things along with 87 days of submitting divorce decree.

Make an info pass and findout from first hand.

Some lawyers accept credit cards, if you find a good one who takes such a a payment consult with him.

Sorry to hear your situation but always make sure the get a copy of documents which is filed for your behalf including copy of certified mail.

[thongd4me 69]

My friend decided to hire the lawyer to help her case after she has a problem with her husband (and still does) and also her GC was expired for a few months at that time. She wants the professional to help to make sure everything will be all right. She contacted the lawyer and agreed to hire her to file the application since Apr. She contacted that lawyer sometimes but still no updated. Then last week she checked the money order and found that it never cashed! But she already paid for the lawyer. She contacted the lawyer again and sure it is...The lawyer never filed the application for her. (Reason??...Nobody knows!! Neglect? ) She will go to her office this Monday to ask for all document from this lawyer;

I have some questions if anybody can give the advice;

1. What should she do with this lawyer?? Sue her or not?? Or just walk away and lose money?

2. Can she file the application with old document (not update with date since Apr.) because her husband will refuse to redo all of those doc.. Now he waits to divorce after she gets 10 yrs GC. He hasn't known about this horrible lawyer story yet. First he didn't want to help with document to file it but wanted to send her home instead as he did with his ex-wife. But my friend doesn't let him kick her out easily. She wants 10 yrs GC and starts her new life by her own.

She will file the application ASAP but doesn't sure how updated the document should be.

Thanks for all advice,

See my VJ post on lawyers

[thongd4me 69]

PS to above comment by me:

The prognosis on filing a complaint with the ABA is not good. I was told by the ABA that is a complex process (not unlike a visa application)

and you will be your own lawyer (but another one you hire would be going against professional courtesy to do so) and it would take a year.

There are other posts about adjustment of status that may be able to help you on this topic and other members more qualified than I to comment on that.

[sjoefl01 1]

It sounds like there may be some allegations of abuse in this case. That changes the deal quite a bit. It also doesn't sound like this girl has the funds to go after the lawyer, or hire another one. Perhaps she should slow down and find out why the case hasn't been filed. Maybe the lawyer will feel bad and press on.

I wouldn't get carried away too quickly here. The lawyer has been paid and the husband isn't going to fill new papers. I don't think she needs to end up with this stack of old forms trying to go it alone with advice from VJ.

BE PATIENT, find out what happened, and see what the lawyer suggests as a path forward..

Residency expired. Separated from husband but not divorced yet. How would her lawyer file for her? Sue the lawyer?

Residency expired. Separated from husband but not divorced yet.

A: They still live together with the miserable life... He doesn't offer the financial support at all. She has to go out to work with friend (though visa expired) in order to save some money to pay the cheating lawyer and to spend for her own...waiting for the 10 yrs GC. Her husband helped to prepare all document to file for 10 yrs GC. Threw all doc at last mins after buying the time til it's expired! But it's already late to file anyway. He helped her with the condition that he will divorce her after her 10 GC arrives.

How would her lawyer file for her?

A: The lawyer said it's fine with this case and prepared many evidence to show why they will file late (police report, hospital record, friends and neighbours notes etc as their marriage is not smooth as a silk before...) The lawyer cash was paid. Everything seemed to go well except the lawyer didn't file it for her.

Sue the lawyer?

A: No idea...Any advice?

[korat2michigan 0]

PS to above comment by me:

The prognosis on filing a complaint with the ABA is not good. I was told by the ABA that is a complex process (not unlike a visa application)

and you will be your own lawyer (but another one you hire would be going against professional courtesy to do so) and it would take a year.

There are other posts about adjustment of status that may be able to help you on this topic and other members more qualified than I to comment on that.

Thnx Thong4me...In fact sueing the lawyer is not what she wants to do...waste time and money...The moment she knew what she is waiting for everyday is "ZERO", it really hurt her...and doesn't know what to do with this lawyer.

What I can help her is finding out good advice from people who might have more experience from here...and pass along to her.

Khorb Khun Kha

[korat2michigan 0]

before you sue the lawyer collect all t he evidence about lawyer and file fot grivience via state bar. You can find more info from the state bar web site.The lawyer has to answer that.

File for ROC ASAP with the letter explaning the situation. You will probably get a RFE and bunch of other things along with 87 days of submitting divorce decree.

Make an info pass and findout from first hand.

Some lawyers accept credit cards, if you find a good one who takes such a a payment consult with him.

Sorry to hear your situation but always make sure the get a copy of documents which is filed for your behalf including copy of certified mail.

Thank you ebruli....I hope "Sueing the lawyer" will be the last thing...Anyway she will go to the lawyer office today and I will update what's going on....

[korat2michigan 0]

It sounds like there may be some allegations of abuse in this case. That changes the deal quite a bit. It also doesn't sound like this girl has the funds to go after the lawyer, or hire another one. Perhaps she should slow down and find out why the case hasn't been filed. Maybe the lawyer will feel bad and press on.

I wouldn't get carried away too quickly here. The lawyer has been paid and the husband isn't going to fill new papers. I don't think she needs to end up with this stack of old forms trying to go it alone with advice from VJ.

BE PATIENT, find out what happened, and see what the lawyer suggests as a path forward..

You are right. There's abuse in her case. That's why she needs the lawyer to help.

I hope she can get some answer from the lawyer today " why she didn't file her case? "

She feels desperate..first from her husband and now from this lawyer. huh!!

Thank you for your advice. I will tell her to be patient.

[Minya's wife 24]

Residency expired. Separated from husband but not divorced yet.

A: They still live together with the miserable life... He doesn't offer the financial support at all. She has to go out to work with friend (though visa expired) in order to save some money to pay the cheating lawyer and to spend for her own...waiting for the 10 yrs GC. Her husband helped to prepare all document to file for 10 yrs GC. Threw all doc at last mins after buying the time til it's expired! But it's already late to file anyway. He helped her with the condition that he will divorce her after her 10 GC arrives.

If the marriage was 'over' even before she filed for the removal of conditions, why didn't they just divorce? Why did the husband need to 'help' her remove conditions? If it was a valid marriage to begin with...then the normal documentation necessary to remove conditions should have been present by the time removal of conditions was necessary. Does she know that she can remove conditions even if she divorces?

How would her lawyer file for her?

A: The lawyer said it's fine with this case and prepared many evidence to show why they will file late (police report, hospital record, friends and neighbours notes etc as their marriage is not smooth as a silk before...) The lawyer cash was paid. Everything seemed to go well except the lawyer didn't file it for her.

Why did she wait from April until now to realize that the money order was not cashed, i.e. petition was not filed? Did she not do AOS, to remember/know that the NOA1 from USCIS should come shortly after the petition is fled? When did her GC expire, before of after she hired the lawyer back in April? I guess I'm just confused as to why she waited this long to follow-up? I realize that one puts their faith in the lawyer and expects that when they hire said lawyer, things will be handled properly by/him her....but the petitioner still has to be pro-active and follow-up...especially is there is no information forthcoming from the lawyer as to status.

Sue the lawyer?

A: No idea...Any advice?

She needs to concentrate on fixing the mess she's in. Forget about suing the lawyer. She is with an expired conditional green-card. The ROC needs to be filed as soon as possible. Go to the lawyer's office, get the documents from him....update it with any additional evidence (if applicable) and file the petition.

[Chica Yeyé 41]

Exactly right. How could she possibly rest on her laurels while seeing no progress on her case escapes logic. WOW.