Immigration Attorney Rant

[Leigh Ann 8]

Update for today.

Nearly 2 weeks after I gave up on the atty and sent the paperwork I'd compiled to Peter myself, she finally calls me back yesterday. She wanted to know if I received the NVC letter that she "thought" her paralegal sent to me before she went out of town on Monday. I told her that no, I hadn't. She said that it looks like our case will be sent to London very soon, so we should meet up to put together the paperwork to send over to him now that she had the case number, and that she had some time next Wednesday free.

I said, "I've had the case number for 2 weeks. I sent the paperwork to him almost 2 weeks ago. He got it on Monday. Our case was sent to the embassy last week, arrived there last Friday, was logged in yesterday and Packet 3 was already sent out."

She said, "You already sent out the paperwork? But you needed this scan code to put on everything, this case number, so that when he sends things back to the NVC they can scan it in!"

I said, "What are you talking about? For a K1 he doesn't send anything to the NVC. It's all at the embassy stage now."

She replies, "Are you sure? Hmmmm.... I'll have to look here.... K1's are so different than K3's.... Well, you should be ok then, I guess..."

Grrrrr. She needs to take down her shingle and find another line of work.

Oh dear. She sounds like a mess more & more every time you post. Sorry!

[lesleysizeland 0]

Just a quick warning that this post may be SLIGHTLY but related to it.

I need to vent for a moment, because this K1 process is really getting to me.

I know there are horror stories out there about horrible immigration attorneys, even those affiliated with AILA, like mine claims to be, and feel free to chime in with your own, because I'm sure it could be worse. But this week has just made me break down.

My fiance and I have been together for 2 years, but we waited a year to meet in person because I have children from a previous marriage and I was terrified to introduce someone I met online into their lives if I wasn't absolutely sure. Once we met we just KNEW. There was never an awkward moment, like when you're in a new relationship. It was like picking my best friend up from the airport. I started talking to an immigration attorney immediately about our options, but as a single mom, I knew I couldn't afford her services and the fees all at once, so we had to wait.

She eventually said, "Well, you might want to consider what one of my other couples is doing. They don't have time to wait for the K1 before their planned wedding date, so he's getting a B2 and, even though you're not technically supposed to do it like this, there's a loophole we can exploit, and I'll help them smooth it over when it comes time for the AOS interview". We tried this, planned our wedding, and he got his interview appointment for the B2 on Feb 16th. Our wedding should have been last Friday, but of course, he was denied (even though he didn't mention the wedding).

I got my tax refund and hired her immediately, chalking it up to our bad luck, not her bad advice, and we started putting together the I-129F package. I got all the documentation together (she wouldn't let me file it without having the I-134 together and I didn't realize till joining a couple of forums that we didn't need that till the embassy stage). She even had the audacity to ask me, "Now, why did you apply for the B2?" SHE FORGOT SHE'D SUGGESTED IT!! I gave her the last of my paperwork on April 2nd, after I'd started a new job and had been to visit him in the UK. I didn't hear a word from her till I got confirmation on my 894364th phone call to her paralegal that the paperwork had been sent off on May 7th.

When we hadn't gotten a receipt number in 3 weeks I still couldn't reach the atty on the phone, but she finally emailed me that she'd sent my package to the wrong place and it had been returned, but not to worry, she'd expressed it to the right place the same day. THEN I find out that she sent my ORIGINAL I-134 with the I-129F package, including all of the original documentation, even though we'll need that for the embassy interview!!!

I'm a paralegal. I'm trained to trust attorneys and to believe they know what they're doing, because they're trained to. Her father was even a naturalized citizen from Mexico, so she's supposed to know how this goes! I've learned more from VJ and another forum I'm a member of than she apparently did in law school. My wedding day should have been on Friday, but because we trusted her bad advice we lost all of our deposits, everything. And to add insult to injury, my florist mistakenly charged my credit card yesterday for a wedding he didn't do, because his assistant didn't cancel it like she was supposed to. (I got a refund before the day was over, but MAN, I broke down and cried like a baby! )

This is just all too much. Can we PLEASE get some good news soon???

Sorry about the rant, guys. I just needed to let off a little steam. /rant

Hi There

Where about's in Oklahoma are you? I live in Oklahoma and am going through the same process (I am the English Fiancee), we have completed the K1 journey but will be starting the AOS process in September after our wedding. Is there a reason why you hired a lawyer? Your lawyer seems to sound like she is more trouble than she is worth. Anyway, my reason for emailing is to say, if you need any help with the K1 or the AOS (as my fiance and I would be through that process) let me know and maybe we can meet for coffee and i can help you. Unless there is any reason, such as criminal past, staying in the US longer than needed etc then you do not need an attorney, just the help of other people going through this process, advice which is very much free!

Lesley

[Dodi 69]

I hired an attorney for three reasons:

1. I'm a paralegal. I'm trained to trust attorneys to know what they're doing and I thought she might be able to help the process go smoother and faster. As a paralegal, she had agreed to barter part of her fees with me in exchange for my knowledge in drafting documents for some of her other cases, so I wouldn't be paying much out of pocket for her help.

2. I had a neighbor whose wife and stepson were from Wales and it took them 2 1/2 years and over $12k to get them over here because she kept getting denied. To this day I don't know why, but she said it was awful and she gets physically ill every time they have to go through another step (they just removed conditions). I thought an attorney would help me see any possible red flags and avoid the potholes in the road.

3. I hadn't found VisaJourney at the time.

I agree, she is much more trouble than she's worth. I've given up on her and was shocked to get a call from her yesterday. She was almost impossible to reach when I wanted to talk to her about things, and even now it took me 2 weeks of her cancelling on me before I gave up and just sent him the paperwork myself.

This process isn't difficult. We've got a very straightforward case. He has no criminal history whatsoever, and has lived in England his whole life (except for a small time in Wales for college). He's done everything on his side except take the medical, but he's got a clean medical history too (except for mild childhood asthma) and has no red flags that I can possibly think of. I'm doing things on my own from here on out, but would love to meet up for coffee to discuss your 'journey' and the AOS process. It'll be coming up for us too as soon as he gets here!! We're planning to get married on paper as soon as he arrives and then have an actual wedding ceremony in December for family and friends.

I'm in Oklahoma City, where are you?

[Darnell 8,478]

She replies, "Are you sure? Hmmmm.... I'll have to look here.... K1's are so different than K3's.... Well, you should be ok then, I guess..."

K1 vs K3 at NVC - uhm - no - no difference, at all, at NVC. But it's ok - ya ?

Are you submitting invoices for partial refunds, to this attny ?

IMO, a '#### up' should be charged at 300 usd per occurrence. Make seperate invoice per occurrence, submit to atty.

After several months of 'non-payment', can take the atty to small claims court, and IF you have direct, hard evidence of each '#### up', will be awarded a judgement, monies the lawyer must pay.

and then, assume the lawyer doesn't pay - can go after lawyer again, start putting liens on their office gear, vehicles, personal belongings. It's a lot of time, sure, and fees to file are not insubstantial, but IMO, it's worth it, in the end.

Conversely, can complain to BBB, the State Bar Association, and ILW.

re: the 'barter' -hold up yer end of it, for some time, then be sure to slam the attorney.

Edited July 23, 2010 by Darnell

[lesleysizeland 0]

I hired an attorney for three reasons:

1. I'm a paralegal. I'm trained to trust attorneys to know what they're doing and I thought she might be able to help the process go smoother and faster. As a paralegal, she had agreed to barter part of her fees with me in exchange for my knowledge in drafting documents for some of her other cases, so I wouldn't be paying much out of pocket for her help.

2. I had a neighbor whose wife and stepson were from Wales and it took them 2 1/2 years and over $12k to get them over here because she kept getting denied. To this day I don't know why, but she said it was awful and she gets physically ill every time they have to go through another step (they just removed conditions). I thought an attorney would help me see any possible red flags and avoid the potholes in the road.

3. I hadn't found VisaJourney at the time.

I agree, she is much more trouble than she's worth. I've given up on her and was shocked to get a call from her yesterday. She was almost impossible to reach when I wanted to talk to her about things, and even now it took me 2 weeks of her cancelling on me before I gave up and just sent him the paperwork myself.

This process isn't difficult. We've got a very straightforward case. He has no criminal history whatsoever, and has lived in England his whole life (except for a small time in Wales for college). He's done everything on his side except take the medical, but he's got a clean medical history too (except for mild childhood asthma) and has no red flags that I can possibly think of. I'm doing things on my own from here on out, but would love to meet up for coffee to discuss your 'journey' and the AOS process. It'll be coming up for us too as soon as he gets here!! We're planning to get married on paper as soon as he arrives and then have an actual wedding ceremony in December for family and friends.

I'm in Oklahoma City, where are you?

I am in Oklahoma City, we live at Quail Springs. Do you know of Quail Springs? I would definately be happy to meet up, we get married at the beginning of Sept and we are starting to compile the AOS paperwork so would be good to go through the process with someone else, can bounce questions etc off each other. Where about's in England is your fiance from? I see that you have your packet 3, has he booked his medical?

[Rebecca Jo 1,962]

I think I said this earlier, but it's because there are no requirements to be an immigration attorney. Literally, you can graduate from law school having never taken an immigration course, take the bar, be admitted to practice and then hang a sign outside saying that you do immigration work, even if you've never read a section of the INA in your life. There's no regulation of the practice at all. There are no required immigration courses during law school, there is nothing about immigration on the bar exam, and AILA doesn't require anything other than for you to pay a fee.

Theoretically, if you say you're an immigration attorney, you have to live up to a higher standard, but there's really no enforcement of that w/ the state's disciplinary board. And malpractice suits....that takes a lot of time/energy, especially when people just want to have their loved ones with them. It's not a very good system! I'd be interested to find out what happens if people took their experiences to an ethical board, but it would have to be really egregious.

It's weird, too, because this is more important to people's lives - to have their loved ones with them. But other areas of law, like patent law and other areas, have a much greater focus/regulation. Doesn't seem right.

No, other areas of the law don't have more "regulation". An attorney can say he specializes in whatever he/she cares to say they specialize in. If the client is stupid enough to believe it without asking to see educational and professional credentials, then it's the clients fault.

Selecting an attorney is just like buying a car. Research it a little bit first and you should find joy.

[Dodi 69]

@Darnell: I'm keeping track of EVERYTHING, and I've only paid $100 as a "good faith" payment (I told her I needed to pay her something up front just for my own peace of mind, she said we'd settle up at the end after I'd worked off most of her fees, so I've not paid her anything else, and I have no intention of doing so at this point, since she's not actually DONE anything except email me a scanned copy of the notices SHE gets, when the USCIS has sent me the same thing!)

@Lesley - You're less than a mile from me. I can see Quail from my balcony. I'm just south of Penn & Memorial, trying to move NORTH of Penn & Memorial for the kids to get them out of the OKC School district.

[Dodi 69]

No, other areas of the law don't have more "regulation". An attorney can say he specializes in whatever he/she cares to say they specialize in. If the client is stupid enough to believe it without asking to see educational and professional credentials, then it's the clients fault.

Selecting an attorney is just like buying a car. Research it a little bit first and you should find joy.

I was referred to her by a very well-respected attorney for whom she used to be an associate. Her father was a Mexican citizen by birth and became a naturalized US citizen after she was born. She was born in Mexico City, she lived the experience of her mother bringing a spouse to the US and then her father going through the process of naturalizing. She's very young, but I have known other young attorneys who have been very good at what they do because they're committed. She seemed committed the many times I spoke to her before beginning this process. Apparently she's still way too new to have gone through this enough to have struck out on her own.

[Leigh Ann 8]

No, other areas of the law don't have more "regulation". An attorney can say he specializes in whatever he/she cares to say they specialize in. If the client is stupid enough to believe it without asking to see educational and professional credentials, then it's the clients fault.

Selecting an attorney is just like buying a car. Research it a little bit first and you should find joy.

Some of them do - patent, admiralty, etc. And technically, you can't say you're specializing unless you have some education beyond law school (but you can say that your client base is primarily x). According to the professional rules of responsibility anyway!

Also, some areas of law are required in law school, which is more than you can say for immigration.

But yes, people should definitely do their research!

[DebbyNSeyi 15]

Well, you can take comfort in the fact that your NOA2 came very quickly.

Good Luck!