RFEs and bad attorneys

[mikelovesgracey 0]

Dear fellow filers,

This is (still) regarding our problem with the attorney we hired to file our K1. Our USCIS page tells us that an RFE mail was sent to "us".

First question is: who will get the mail : we (petitioner), or the attorney (filer)?

We sure don't want the attorney to be the one to get it because he has made some serious errors already. If he gets the mail, who knows how long he'd act on it; he might even not inform us about it. This will delay our case.

Will the USCIS send us the RFE too?

We have tried asking USCIS but their robotic call center agents are NOT USEFUL AT ALL!

Second question: are we allowed to send the documents ( per RFE ) directly to USCIS, or do we need to channel it through our slow and uncaring attorney?

Third question: how can we get rid of this attorney? USCIS agent said it takes 30 days to get him pulled out. Would that delay our K1 processing?

Special request: if you could please reply to us in detail and address all three questions with good explanations, we would be very grateful. We know a lot of other filers will benefit from this as well.

Our thanks in advance.

Mike&Gracey

[himher 634]

The RFE was likely mailed to the attorney who will be registered at your representative.

I wonder what percentage of attorney-filed cases get RFE's? THAT would be an interesting poll......

[Jose Rizal 1]

First question is: who will get the mail : we (petitioner), or the attorney (filer)?

Normally, all responses are addressed to the petitioner / beneficiary unless you specifically instructed your lawyer to be your agent by completing the Choice of Agent and Address form (DS-3032) See my response in your other post. My DS-3032 was addressed to me and I'm the beneficiary and I was the one who sent it to the NVC.

Second question: are we allowed to send the documents ( per RFE ) directly to USCIS, or do we need to channel it through our slow and uncaring attorney?

Yes you can. But they must include your case number and any other form to be sent together with the requested evidence. Again, if the lawyer is your agent then further responses will be coursed through them. Use a courier so that you can track receipt of documents at the NVC.

Third question: how can we get rid of this attorney? USCIS agent said it takes 30 days to get him pulled out. Would that delay our K1 processing?

If you haven't filled your DS-3032 then it simply dumping your lawyer and appointing an agent. To quote the letter: "Your agent can be your petitioner, another relative, a friend, an attorney, etc."

AFAIK, the only reasons that can delay your process are the following:

1. Communication from NVC is not reaching you because it's stuck with your lawyer;

2. Communication from you is not reaching the embassy because it's stuck with your lawyer

Always remember with or without a lawyer, you are still responsible in gathering all the documents. Your lawyer or any other agent will be the only ones to file or send your documents.

PS.

Perhaps others in-the-know can give further details.

Edited October 25, 2008 by Jose Rizal

[mikelovesgracey 0]

First question is: who will get the mail : we (petitioner), or the attorney (filer)?

Normally, all responses are addressed to the petitioner / beneficiary unless you specifically instructed your lawyer to be your agent by completing the Choice of Agent and Address form (DS-3032) See my response in your other post. My DS-3032 was addressed to me and I'm the beneficiary and I was the one who sent it to the NVC.

Second question: are we allowed to send the documents ( per RFE ) directly to USCIS, or do we need to channel it through our slow and uncaring attorney?

Yes you can. But they must include your case number and any other form to be sent together with the requested evidence. Again, if the lawyer is your agent then further responses will be coursed through them. Use a courier so that you can track receipt of documents at the NVC.

Third question: how can we get rid of this attorney? USCIS agent said it takes 30 days to get him pulled out. Would that delay our K1 processing?

If you haven't filled your DS-3032 then it simply dumping your lawyer and appointing an agent. To quote the letter: "Your agent can be your petitioner, another relative, a friend, an attorney, etc."

AFAIK, the only reasons that can delay your process are the following:

1. Communication from NVC is not reaching you because it's stuck with your lawyer;

2. Communication from you is not reaching the embassy because it's stuck with your lawyer

Always remember with or without a lawyer, you are still responsible in gathering all the documents. Your lawyer or any other agent will be the only ones to file or send your documents.

PS.

Perhaps others in-the-know can give further details.

Dear Jose Rizal,

Thank you, Kababayan, for a very clear and substantial response. Mike and I are at wits end trying to figure out how to go about this. It was a big mistake hiring THAT attorney. Why, he first sent our docs to Nebraska when the only two options were Vermont and California! The bigger mistake is not kicking him out when he made that first mistake. Arrrggghhh! What were we thinking!

Anyway....

Mike doesn't recall whether or not he signed a DS-303, which I think he did. So let's just say he did. What do we do now? I know you have answered all our questions well, but please reiterate - if only to have pity on me and my hunny. Please tell me:

1. IF MIKE HAD INDEED SIGNED A DS-303, CAN WE BYPASS OUR ATTORNEY AND SEND THE REQUESTED DOCUMENTS DIRECTLY TO THE USCIS?

2. WHAT ARE THE RISKS FOR BYPASSING THE ATTORNEY?

I am thankful that we have joined VJ. There are sensible people in here, such as yourself. Questions are better tackled by VJ people than by the robots of the USCIS call center.

Thanks again for the enlightenment.

Mike's other half,

Gracey

[mikelovesgracey 0]

The RFE was likely mailed to the attorney who will be registered at your representative.

I wonder what percentage of attorney-filed cases get RFE's? THAT would be an interesting poll......

I'm sorry, Himher. I was not trying to make an "interesting poll"... Mike and I are genuinely needing help.

~Gracey

[GemandDan 0]

My fiance and I have had trouble with our attorney too. She also originally sent our petition to the Nebraska Service Centre. Though I doubt it made a substantial difference to our overall filing time.

The biggest mistake she made however, was when she didn't bother forwarding on our packet three until 8 weeks after she recieved it. (and that was also after 2 weeks of phone calls and emails!!!) We definately won't be using an attorney for my Adjustment of Status. We'll save our money!

Good luck with your situation. I truly hope you can sort it out.

[ruby_mtl 0]

Dear fellow filers,

This is (still) regarding our problem with the attorney we hired to file our K1. Our USCIS page tells us that an RFE mail was sent to "us".

First question is: who will get the mail : we (petitioner), or the attorney (filer)?

We sure don't want the attorney to be the one to get it because he has made some serious errors already. If he gets the mail, who knows how long he'd act on it; he might even not inform us about it. This will delay our case.

Will the USCIS send us the RFE too?

We have tried asking USCIS but their robotic call center agents are NOT USEFUL AT ALL!

Second question: are we allowed to send the documents ( per RFE ) directly to USCIS, or do we need to channel it through our slow and uncaring attorney?

Third question: how can we get rid of this attorney? USCIS agent said it takes 30 days to get him pulled out. Would that delay our K1 processing?

Special request: if you could please reply to us in detail and address all three questions with good explanations, we would be very grateful. We know a lot of other filers will benefit from this as well.

Our thanks in advance.

Mike&Gracey

Isn't just possible to let the lawyer go? I sure you could send a letter to USCIS telling them that you are no longer with the lawyer and that all communication should go through the petitioner. I mean why stay with someone that you don't tryust and that is doing such a poor job? You don't HAVE to have a lawyer for this. VJ is all you need!!

Seriously though, I would really think of letting that lawyer go if I were you.

Good luck!

[Jose Rizal 1]

1. You can bypass your lawyer. But if indeed Mike has sent the DS-3032, I am not sure if it would be simply resending the form again indicating you no longer want an agent nor how long it would take to process it. I suggest you get in touch with NVC for this clarification.

2. The main risk that I see is if your lawyer is still listed as your agent by the NVC. All communication from NVC will still be coursed through your lawyer. Also, it is most unlikely they they'll sue you for services not rendered.

[himher 634]

OK, first of all, your new friend Jose is not talking about a K1 visa at all. The documents that are sent to the NVC (after approval of the I130, which you did not file for a K1 petition) Jose is talking about the State Department processing of an IR1 (immigrant) visa petition, NOT a K1 petition filed with USCIS. A subsequent check of Jose's timeline confirmed that yes, Jose did file for an IR1.

Second, after filing an I130, I129F, I485, and I765 (all of which are processed and approved) with NO RFE's and NO lawyer either, I still know enough from idly considering wasting my $$ on an attorney to fill out papers that any moron who can read and understand can fill out - that your attorney likely filed a G28, notice to appear as attorney of record, which at that time gave consent to disclosure of information related to your case to said attorney. SO: Even though my comment sounded flippant, the answer is that it is likely that your attorney's office will receive, on your behalf, the RFE on your case. The firm's name and address is located on part E of the I129F form.

To answer your other question:

From the G28 -

Thereafter, substitution may be

permitted upon the written withdrawal of the attorney or representative of record or upon notification of the new attorney or representative

It appears that you can withdraw your attorney or change your representative capacity (like represent yourself) at any time

The RFE was likely mailed to the attorney who will be registered at your representative.

I wonder what percentage of attorney-filed cases get RFE's? THAT would be an interesting poll......

I'm sorry, Himher. I was not trying to make an "interesting poll"... Mike and I are genuinely needing help.

~Gracey

[mikelovesgracey 0]

Doesn't it make you want to scream when something like this happens?

Sorry it happened to you too. How's it going now? Everything clear?

Thanks for sharing and here's wishing you the best!

~Gracey

My fiance and I have had trouble with our attorney too. She also originally sent our petition to the Nebraska Service Centre. Though I doubt it made a substantial difference to our overall filing time.

The biggest mistake she made however, was when she didn't bother forwarding on our packet three until 8 weeks after she recieved it. (and that was also after 2 weeks of phone calls and emails!!!) We definately won't be using an attorney for my Adjustment of Status. We'll save our money!

Good luck with your situation. I truly hope you can sort it out.

[mikelovesgracey 0]

Isn't just possible to let the lawyer go? I sure you could send a letter to USCIS telling them that you are no longer with the lawyer and that all communication should go through the petitioner. I mean why stay with someone that you don't tryust and that is doing such a poor job? You don't HAVE to have a lawyer for this. VJ is all you need!!

Seriously though, I would really think of letting that lawyer go if I were you.

Good luck!

We sure want and will get this atty. out of our case. But when to do so is the most important thing to ponder on. Timing is crucial. We figure we'd kiss his ### and get the RFE smoothened out then we can kick him out.

Thanks, Ruby. Best of luck to you as well!

~Gracey

[mikelovesgracey 0]

Wow, that's really something. Hang on, i'll show this to Mike. Will reply to you soon. Thanks a lot, Himher!

~Gracey

OK, first of all, your new friend Jose is not talking about a K1 visa at all. The documents that are sent to the NVC (after approval of the I130, which you did not file for a K1 petition) Jose is talking about the State Department processing of an IR1 (immigrant) visa petition, NOT a K1 petition filed with USCIS. A subsequent check of Jose's timeline confirmed that yes, Jose did file for an IR1.

Second, after filing an I130, I129F, I485, and I765 (all of which are processed and approved) with NO RFE's and NO lawyer either, I still know enough from idly considering wasting my $$ on an attorney to fill out papers that any moron who can read and understand can fill out - that your attorney likely filed a G28, notice to appear as attorney of record, which at that time gave consent to disclosure of information related to your case to said attorney. SO: Even though my comment sounded flippant, the answer is that it is likely that your attorney's office will receive, on your behalf, the RFE on your case. The firm's name and address is located on part E of the I129F form.

To answer your other question:

From the G28 -

Thereafter, substitution may be

permitted upon the written withdrawal of the attorney or representative of record or upon notification of the new attorney or representative

It appears that you can withdraw your attorney or change your representative capacity (like represent yourself) at any time

[mikelovesgracey 0]

The RFE was likely mailed to the attorney who will be registered at your representative.

I wonder what percentage of attorney-filed cases get RFE's? THAT would be an interesting poll......

Hi Himher - thanks so much for your replies. Just wanted to let you know Gracey wasn't meaning to be rude ...just really stressed out lol. We wish you the best and thanks again!

Mike&Gracey

[rouguewave 7]

MikelovesGracey,

It might be obvious, but I ask this anyway. Have you gotten a copy of all the documents filed on your behalf from the Attorney? If not, I would suggest that you request them, using some "safe" excuse, before you start making noises about letting them go. Otherwise, you might find they will drag their feet and not respond to such a request.

During my first marriage, when we had to process a Visa change, we used a lawyer who ended up being terrible. Non submission of forms, mistakes all over, and no follow through for delays. I finally started making sure we got copies of everything they sent and kept on the lawyers tail. The only reason we didn't boot them is because we'd already sunk the money and really didn't know where to insert ourselves into the process (we didn't know about VJ then).

One divorce and one better romance later, and my fiance did all our own processing for the Visa and AOS. This marriage and our process this time are both so much better.

[PhiLandShiR 18]

Dear fellow filers,

This is (still) regarding our problem with the attorney we hired to file our K1. Our USCIS page tells us that an RFE mail was sent to "us".

First question is: who will get the mail : we (petitioner), or the attorney (filer)?

We sure don't want the attorney to be the one to get it because he has made some serious errors already. If he gets the mail, who knows how long he'd act on it; he might even not inform us about it. This will delay our case.

Will the USCIS send us the RFE too?

We have tried asking USCIS but their robotic call center agents are NOT USEFUL AT ALL!

Second question: are we allowed to send the documents ( per RFE ) directly to USCIS, or do we need to channel it through our slow and uncaring attorney?

Third question: how can we get rid of this attorney? USCIS agent said it takes 30 days to get him pulled out. Would that delay our K1 processing?

Special request: if you could please reply to us in detail and address all three questions with good explanations, we would be very grateful. We know a lot of other filers will benefit from this as well.

Our thanks in advance.

Mike&Gracey

Man my heart goes out to your guys. I got an attorney who at least sent everything to the right place but he sat on our application for 4 weeks before finally letting me know he needed an original from Shirryl rather than a scanned copy. So we wasted 3 more weeks getting it from the Philippines and then a few more days to send it to him.

Total loss was almost 2 months of time.

At this point I can't get a response from him via email and so far I have not actually called him. I guess we wait a few more weeks to see if I get a RFE or not...

If he screws this again like that I will file a complaint with the New York Bar and see if that wakes him up...

GWN