Rejection Notices Received for I-130, I-485 & I-765

[RiffnLee 0]

Hi,

My husband and I are new members but will be posting a timeline soon!

We actually hired an attorney to prepare my husband's AOS package in hopes of avoiding silly or serious errors being made due to our inexperience with this whole process. After collecting all of our information and payment, our attorney completed and submitted our package by regular mail on 2/11/08. To my dismay, on 2/26/08 my husband and I both received rejection notices (he for I-485, me for I-30) due to incorrect filing fees. Don't really understand how our attorney could have made this mistake considering the new fees have been in effect since 7/30/07 (especially for someone who claims to submit these pretty regularly). Then on 2/27/08 my husband received another rejection letter for his I-765 due to our attorney failing to complete some sections on the application. Now, we are waiting for the entire application to be returned for correction and resubmission. Not sure if it will be returned to us or our attorney but I assume it will be returned to our attorney since he was the preparer and he submitted it with his own personal check after receiving payment from us.

At this point, we are beyond angry . Both at our attorney for being so careless and at ourselves for having left this totally in his hands without doing our own research. Has anyone had experience with this sort of thing before? If so, in your experiences is the waiting time to get the package back long? And is the processing time of the resubmission long as well? I know every case is different but it would be great to have an idea of what we are up against.

Thanks, Guys

[YuAndDan 153]

Yes it is amasing the number of posts on this site about lawyer mistakes.

I-485 is $1010, I-765 is no charge when it is filed with the I-485 and using code (c )(6 ) on it "Based on the I-485"

I-130 fee is $355

everything goes to USCIS Chicago PO box specified by I-485 directions.

We have not used a lawyer for any of the immigrations paperwork.

What visa was used to enter the USA? If K-Visa the the I-130 is not needed, unless you married after a K-1 I-94 expired.

[Frustrated2NoEnd 0]

Hi,

My husband and I are new members but will be posting a timeline soon!

We actually hired an attorney to prepare my husband's AOS package in hopes of avoiding silly or serious errors being made due to our inexperience with this whole process. After collecting all of our information and payment, our attorney completed and submitted our package by regular mail on 2/11/08. To my dismay, on 2/26/08 my husband and I both received rejection notices (he for I-485, me for I-30) due to incorrect filing fees. Don't really understand how our attorney could have made this mistake considering the new fees have been in effect since 7/30/07 (especially for someone who claims to submit these pretty regularly). Then on 2/27/08 my husband received another rejection letter for his I-765 due to our attorney failing to complete some sections on the application. Now, we are waiting for the entire application to be returned for correction and resubmission. Not sure if it will be returned to us or our attorney but I assume it will be returned to our attorney since he was the preparer and he submitted it with his own personal check after receiving payment from us.

At this point, we are beyond angry . Both at our attorney for being so careless and at ourselves for having left this totally in his hands without doing our own research. Has anyone had experience with this sort of thing before? If so, in your experiences is the waiting time to get the package back long? And is the processing time of the resubmission long as well? I know every case is different but it would be great to have an idea of what we are up against.

Thanks, Guys

I'm so sorry to hear about your problems with the lawyer. Our story is that we initial given "partial" information from a lawyer and USCIS which led to a decision that turned could possibly have detrimental consequences for us. We found another lawyer and were given a "checklist" before we could sign to hire the firm. We followed the checklist but each time we tried to make the appointment, we were told of another document or evidence we needed - one at a time. After many attempts to make the appointment numberous times (causing us to further overstay), we started our own research and have decided to file on our own before the situation gets any worse than it already is! That having been said, I would suggest that you do your own research and don't be afraid to question the lawyer if something doesn't sound right or if your research shows something different - this is your family at stake! Also, if you call USCIS and again, the answer just doesn't seem right, call again! We had to do this and had to sometimes take the best 2 out of 3 answers (get the name of the individual and their agent # - keep notes!)

We are still in the process of assembling the package so I can't really give you any time frames but I have noticed that it varies depending on the processing center and the completeness of the submission and you unfortunately know.

Good Luck!

[JaEnglishGirl 34]

I suggest you demand a refund and file yourself with help from VJ, as long as your case is straightforward...No need to waste money on him.

[genesis1968 0]

Hi,

My husband and I are new members but will be posting a timeline soon!

We actually hired an attorney to prepare my husband's AOS package in hopes of avoiding silly or serious errors being made due to our inexperience with this whole process. After collecting all of our information and payment, our attorney completed and submitted our package by regular mail on 2/11/08. To my dismay, on 2/26/08 my husband and I both received rejection notices (he for I-485, me for I-30) due to incorrect filing fees. Don't really understand how our attorney could have made this mistake considering the new fees have been in effect since 7/30/07 (especially for someone who claims to submit these pretty regularly). Then on 2/27/08 my husband received another rejection letter for his I-765 due to our attorney failing to complete some sections on the application. Now, we are waiting for the entire application to be returned for correction and resubmission. Not sure if it will be returned to us or our attorney but I assume it will be returned to our attorney since he was the preparer and he submitted it with his own personal check after receiving payment from us.

At this point, we are beyond angry . Both at our attorney for being so careless and at ourselves for having left this totally in his hands without doing our own research. Has anyone had experience with this sort of thing before? If so, in your experiences is the waiting time to get the package back long? And is the processing time of the resubmission long as well? I know every case is different but it would be great to have an idea of what we are up against.

Thanks, Guys

Hello... its really irritating that an attorney would have such mistakes.

He probably dont have experience with the immigration processes.

You know the best thing to do is try to post all of your questions here

because all members here have first hand experiences with regards to

filing AOS. There will be much answers to your questions because we

are in the same situation. On the other hand you could save money and

its so good to learn here and its a good feeling knowing that you did all

the filings by your own and with the help of this link. We filed from K3 to

AOS without hiring an attorney. I just post questions if i am not understanding

something... it helped a lot.

Edited February 29, 2008 by genesis1968

[RiffnLee 0]

Thanks to all for replying. The input is helpful. When I got home from work last night my attorney called and let me know that the entire AOS package had been returned to him and that he was about to make corrections and send out by today. I decided to download all of the forms we were submitting along with their instructions from the USCIS website to go over. As I am reading through all of the forms, turns out our attorney also a.) failed to ask us for passport photos to submit with AOS and EAD; b.) failed to get from my husband a copy of his expired work permit for EAD (he is applying for renewal); and c.) never asked us for the names of my husband's two small children from another relationship (even though they are american born and not a part of application process, that info was still requested).

I called our attorney back to ask him if these missing things were essential. After a long silence and some stuttering, he told me that they were and he didn't know how it slipped him. I was dumbfounded! Trying not to hit the roof I just calmly asked him not to submit anything and that I would be by his office after my lunch break the next day to pick up the returned package. I think my husband and I are are better off taking our chances on our own.

To YuAndDan, we were actually married a long time after my husband's I-94 expired so that's why I have to file the I-130. Which brings me to another question if anyone is able to answer. My husband's I-94 expired a long time ago (years) and during that time he has misplaced it. I asked our attorney at the beginning of this process if that was going to be an issue or would the stamp on my husband's passport showing date of entry and U.S Immigration approval be enough. He said that the passport stamp was enough. Now in light of this guy's colossal incompetence, I'm not so sure if I can trust him on that. Does anyone know if it's true or not?

[sj5 4]

Hi,

My husband and I are new members but will be posting a timeline soon!

We actually hired an attorney to prepare my husband's AOS package in hopes of avoiding silly or serious errors being made due to our inexperience with this whole process. After collecting all of our information and payment, our attorney completed and submitted our package by regular mail on 2/11/08. To my dismay, on 2/26/08 my husband and I both received rejection notices (he for I-485, me for I-30) due to incorrect filing fees. Don't really understand how our attorney could have made this mistake considering the new fees have been in effect since 7/30/07 (especially for someone who claims to submit these pretty regularly). Then on 2/27/08 my husband received another rejection letter for his I-765 due to our attorney failing to complete some sections on the application. Now, we are waiting for the entire application to be returned for correction and resubmission. Not sure if it will be returned to us or our attorney but I assume it will be returned to our attorney since he was the preparer and he submitted it with his own personal check after receiving payment from us.

At this point, we are beyond angry . Both at our attorney for being so careless and at ourselves for having left this totally in his hands without doing our own research. Has anyone had experience with this sort of thing before? If so, in your experiences is the waiting time to get the package back long? And is the processing time of the resubmission long as well? I know every case is different but it would be great to have an idea of what we are up against.

Thanks, Guys

Yes, I had these experienced but it was my fault. Wrong fees and signature

[shawna7 4]

Oh Sj, I'm so sorry to hear about your troubles..I had similar issues just last week with my attorney.. Both mine and my daughters AOS (AP EAD) were all rejected due to incorrect fees..heres the kicker on this one,..I pointed out to my attorney b4 she filed the new fees(thanks to VJ) and she still managed to screw it up!(she sent 1 cheque for both of us instead of 2)..at any rate as you..my packet came back quite quickly and we have simply resent it with the proper payment and I'm now waiting(holding breath) for the NOAs. I had her resend it because we had already paid.From here on out we will be taking care of things ourselves..This really is an amazing community..if I had found this site before I had an attorney..I would have never wasted my time or money. I as you don't understand the greivous errors many of these attorneys make!how can they not know what is needed!?!? Everything will be ok..I spoke to USCIS and of course because we were rejected..a file was never created..therefore it will be taken as a first filing..so no worries..

S

Oops sorry..that was for RiffnLee not SJ.. I'm a bit sleepy..all this lazing around!!haha