how to cancel attorney and if ok to cancel when u r in noa2?

[tanging-mahal 0]

hi everyone there i just want to ask anyone there who have an attorney, coz we wanted to cancel attorney but we have noa2 and just waiting for letter from us embassy but our attorney handle our paperworks so we r confuse and wanted to cancel it already since it take so long..

[Marina-Del 10]

hi everyone there i just want to ask anyone there who have an attorney, coz we wanted to cancel attorney but we have noa2 and just waiting for letter from us embassy but our attorney handle our paperworks so we r confuse and wanted to cancel it already since it take so long..

Before I answer, can you clarify a couple things? Are you saying you want to cancel/fire your attorney or you want to cancel your K-1 petition?

If you want to cancel/fire your attorney, then I'm not sure how that works since they would be getting all of your documents copied to them. Others who have had experience with attorneys and lawyers will have to answer that one!

But if you want to cancel your K-1 because it is taking so long than might I suggest that you just hang in there!? I don't know your particular case, but every K-1 petition takes a while! If you are already at the stage where you received NOA2 and are just waiting on the consulate, you are getting close! Don't give up now when you are so close!!

Clarify on your situation and I'm sure there will be more advice to come!

Good luck and don't give up!

Marina

[Gary and Alla 3,694]

hi everyone there i just want to ask anyone there who have an attorney, coz we wanted to cancel attorney but we have noa2 and just waiting for letter from us embassy but our attorney handle our paperworks so we r confuse and wanted to cancel it already since it take so long..

Go to the attorney's office. Tell him (he is not likely there, it is why it took so long to get your NOA2 and why attorneys delay cases so much) anyway, tell the $12 per hour secretary that actually did all the work on your case, except for the 90% that YOU did...tell her "Give me a copy of everything in my file...NOW" When you have a copy of everything, tell them to "Go to H-E Double hockey sticks" Don't forget to say "please".

If they hesitate or even say "uh..um..." Have the number for the state BAR association in your cell phone and call them immediately, from the attorneys office.

[tanging-mahal 0]

hi thanks for replies, we got attorney and started k1 process since september 2008 and we just got our noa2 on the 3rd week of february, and we wanted to set interview date but attorney said "u cant set interview since we r handelling your case" they take so long and attorneys office branch which is on my fiancee country, the secretary or whoever that is doesnt know even simple things regarding k1..so we wanted to cancel attorney and do it on our own, would they give back all our documents? and would there be problem if we cancel our attorney in our filings? would that do good since they take long to do anything?:-/

[Cham 3]

Just an FYI

Just because you have an attorney it does not speed up the K1 process. I have seen many folks on here who had an attorney and it went JUST as fast as those who did it.

I would tell him his services are no longer needed and that you wish to get all your paperwork so you can do it yourself.

We can all help you if you have questions. That is what visa journey is for

[Ed+Cindy 1]

hi everyone there i just want to ask anyone there who have an attorney, coz we wanted to cancel attorney but we have noa2 and just waiting for letter from us embassy but our attorney handle our paperworks so we r confuse and wanted to cancel it already since it take so long..

How to cancel the attorney depends on the contract you have with them. Read the paperwork you signed with them. Usually canceling has to be done in writing. For example, my attorney requires a letter to them if I want to cancel their representation.

However, I don't think you can cancel it will the government, so your attorney may still get copies of the visa paperwork. This is ok, but if the attorney is the only one receiving your paperwork, I suspect you would need to make arrangements with the attorney to have your documents forwarded to you.

All just my 2 cents. Please check with your attorney for details.

[Spoom 8]

You should be able to call USCIS and revoke the attorney's representative privileges. I don't see why that would be a problem.

[MonkeyJuice 3]

Yeh, we are thinking of firing our lawyer. They have been completely useless so far. We did all the chasing at USCIS, my fiance contacted the Senator. Then, they didn't even know that you can call NVC to check if the petition arrived there. My fiance had to call NVC to find out if they had received & sent out out petition to embassy & they take a week to answer emails.

So today we talked about it & decided it's not worth the $1800 fee as we are doing all the work. My fiance called them & they were very defensive & refusing to acknowledge they have been in any way incompetent.

We are just worried that he will hang on to all our documents as long as possible just to be awkward. It may just cause more delays & we've waited long enough already.

[V-G-1 1]

Contract governs my friend--look for the following clause: "may terminate but is responsible for all legal fees for work performed/costs"

Mine had that so, she calculated "5 hours" worth of filling in a 2 page form and doing photocopies.

At 5 hours, the hour legal fee kicked in, making it $1,000 for "work performed."

Most probably, your contract has a "work performed" clause. You will have to pay for work performed (she/he will itemize the "extensive time consuming legal work" involved in filling out the form and photocopying.)

Your contract will most likely also have a "collection agency" clause. So you have to pay it...if you don't, say goodbye to that future mortgage pre-approval, or car loan.........

At least you will be able to cut it off before she accrues more "Work Perfrmed" hours

Make sure in writing/email to say "Please do not perform ANY MORE WORK" so they get the hint. Otherwise, they will include the hourly legal fee of itemizing your hourly legal fees.........All they care about is money..

[MonkeyJuice 3]

Contract governs my friend--look for the following clause: "may terminate but is responsible for all legal fees for work performed/costs"

Mine had that so, she calculated "5 hours" worth of filling in a 2 page form and doing photocopies.

At 5 hours, the hour legal fee kicked in, making it $1,000 for "work performed."

Most probably, your contract has a "work performed" clause. You will have to pay for work performed (she/he will itemize the "extensive time consuming legal work" involved in filling out the form and photocopying.)

Your contract will most likely also have a "collection agency" clause. So you have to pay it...if you don't, say goodbye to that future mortgage pre-approval, or car loan.........

At least you will be able to cut it off before she accrues more "Work Perfrmed" hours

Make sure in writing/email to say "Please do not perform ANY MORE WORK" so they get the hint. Otherwise, they will include the hourly legal fee of itemizing your hourly legal fees.........All they care about is money..

Oh Dear...so it's probably not worth firing them then at this stage. $1800 not very well spent!

[SuperDuper! 230]

Isn't it amazing how consistent it is to hear, "The immigration atty was so useless!" This was my experience. Lucky that I was on a pre-paid legal plan, and did not have to pay him out of pocket. DO IT YOURSELF, FOLKS! When it comes to Visa process.

Edited March 13, 2009 by itzallgood

[Gary and Alla 3,694]

Yeh, we are thinking of firing our lawyer. They have been completely useless so far. We did all the chasing at USCIS, my fiance contacted the Senator. Then, they didn't even know that you can call NVC to check if the petition arrived there. My fiance had to call NVC to find out if they had received & sent out out petition to embassy & they take a week to answer emails.

So today we talked about it & decided it's not worth the $1800 fee as we are doing all the work. My fiance called them & they were very defensive & refusing to acknowledge they have been in any way incompetent.

We are just worried that he will hang on to all our documents as long as possible just to be awkward. It may just cause more delays & we've waited long enough already.

Unless you have some sort or problem I have been unable to imagine, or are just incompetent at reading forms similar to Lowe's job applications but easier...then there is nothing an attorney CAN do. I am amazed when people are surprised their attorney does nothing. Read the guides, read the instructions and then tell me what he CAN do?

They only thing they CAN do, is slow your case and empty your bank account. No matter what amount of time your wait is WITH an attorney, it would be 4-6 weeks, minimum, LESS if you did it yourself. There is NO ONE, paid or otherwise, that will give your case the attention you can give it yourself.

The case is yours. Attorneys work for you at your pleasure. You can fire them anytime you want no matter what THEY say and they are obligated to turn over all paperwork to you, if they have not already

[rebeccajo 14]

hi everyone there i just want to ask anyone there who have an attorney, coz we wanted to cancel attorney but we have noa2 and just waiting for letter from us embassy but our attorney handle our paperworks so we r confuse and wanted to cancel it already since it take so long..

Go to the attorney's office. Tell him (he is not likely there, it is why it took so long to get your NOA2 and why attorneys delay cases so much) anyway, tell the $12 per hour secretary that actually did all the work on your case, except for the 90% that YOU did...tell her "Give me a copy of everything in my file...NOW" When you have a copy of everything, tell them to "Go to H-E Double hockey sticks" Don't forget to say "please".

If they hesitate or even say "uh..um..." Have the number for the state BAR association in your cell phone and call them immediately, from the attorneys office.

Gary -

If you had come in my office and asked me that (when I was a legal assistant) I would have told you - nicely - to please come back at such-and-such a time for copies of your file. I never dropped what I was working on (for one client) to do something NOW for another client. A law office isn't a fast food joint.

And I've also had clients decide to use bad language in my office. It makes for good comedy after they leave.

Courtesy always applies even when a person is PO'd, you know.

[TBoneTX 45,266]

They only thing they CAN do, is slow your case and empty your bank account.

The "only" thing? An immigration attorney who has been an ex-consul may prove highly valuable at the beginning of the filing process and through the interview stage.

No matter what amount of time your wait is WITH an attorney, it would be 4-6 weeks, minimum, LESS if you did it yourself.

This cannot be claimed as a 100% all-the-time certainty.

It is understandable and worth some sympathy that some people can be and have been burned or hosed by attorneys. How fair is it to label ALL attorneys as incompetent or worthless? If your experience with ONE doctor was less than optimal, does that tarnish the entire medical profession? If your interaction with ONE plumber resulted in sloppy work, broken appointments, or overcharges, does that slime the entire plumbing trade? If your interaction with TWO doctors or TWO plumbers was dissatisfactory, does THAT indict the entire medical profession or plumbing trade? Is it automatically professional incompetence, or just as likely that the customer made a poor or casual choice in settling upon someone to perform a service?

[Ed+Cindy 1]

They only thing they CAN do, is slow your case and empty your bank account.

The "only" thing? An immigration attorney who has been an ex-consul may prove highly valuable at the beginning of the filing process and through the interview stage.

No matter what amount of time your wait is WITH an attorney, it would be 4-6 weeks, minimum, LESS if you did it yourself.

This cannot be claimed as a 100% all-the-time certainty.

It is understandable and worth some sympathy that some people can be and have been burned or hosed by attorneys. How fair is it to label ALL attorneys as incompetent or worthless? If your experience with ONE doctor was less than optimal, does that tarnish the entire medical profession? If your interaction with ONE plumber resulted in sloppy work, broken appointments, or overcharges, does that slime the entire plumbing trade? If your interaction with TWO doctors or TWO plumbers was dissatisfactory, does THAT indict the entire medical profession or plumbing trade? Is it automatically professional incompetence, or just as likely that the customer made a poor or casual choice in settling upon someone to perform a service?

We have an attorney, and while if I had to do it again, I wouldn't hire one, we have had no problems. Our attorney responds immediately to our queries and actually helped put the initial I129F packet together quicker than we could ourselves. Her flat fee is semi-reasonable and she hasn't caused any delays.

All that being said, if I knew of this website and had more time to research before we wanted to file the K-1, I would not have used an attorney.