taking lawyer to small claims court for RFE?

[LoveinPeru 2]

Has anyone ever tried this? I hired a lawyer (before I found this site, and because I had been advised by multiple people to do so because of previous visa applications by my fiance--although all this of course turned out to be unnecessary). In any case, I got an RFE (don't know what for yet, haven't gotten the hardcopy) and I am royally pissed at my lawyer. My parents have advised that I take him to small claims court and try and get my money back. He seemed competent before this, sending me very detailed lists of everything I needed, but now that an RFE because of him has set us back at least a month, I want at least some of my money back.

So if anyone has any advice on whether small claims court would work, or if they have done this or looked into it, I would appreciate the help.

Also, please do not just reprimand me for using a lawyer, my fiance and I were desperate and confused when we started this whole process and were mistakenly under the impression we needed a lawyer.

[Penny Lane 8,159]

You'd be wasting your time.

What was the RFE for that it set you back a whole month?

Edited February 24, 2011 by Coconuts

[DaveE 178]

How do you know the RFE is because of something the lawyer did? They may just want clarfication or additional documentation on one of the data item you submitted. Lawyers provide advice based on their knowledge of the law or experience. They cannot anticipate everything an individual adjudicator might want. Your chance in small claims court - slim to none.

[vett 6]

Has anyone ever tried this? I hired a lawyer (before I found this site, and because I had been advised by multiple people to do so because of previous visa applications by my fiance--although all this of course turned out to be unnecessary). In any case, I got an RFE (don't know what for yet, haven't gotten the hardcopy) and I am royally pissed at my lawyer. My parents have advised that I take him to small claims court and try and get my money back. He seemed competent before this, sending me very detailed lists of everything I needed, but now that an RFE because of him has set us back at least a month, I want at least some of my money back.

So if anyone has any advice on whether small claims court would work, or if they have done this or looked into it, I would appreciate the help.

Also, please do not just reprimand me for using a lawyer, my fiance and I were desperate and confused when we started this whole process and were mistakenly under the impression we needed a lawyer.

i feel your pain , and i can tell you that i understand exactly how you are feeling.

i too wanted to get at my lawyer for the amateur job and shabby service which was provided

by him. one person posted that your chances are slim to none. and it's such a shame that

lawyers can take advantage of us and get away with it!!!!

i was not prepared at ALL!! for what's ahead by my lawyer it seems all he does is take my

hard earned $4500,00 and then say to hell with me!

i got RFE for my husband's tax return, i got RFE for not

how could they not know that my husband's tax return was a must!

they made multiple mistakes on my applications.which i had to

correct and fedex back to them 3times!!!

they didn't have me fill in where i lived from i was 16

and then we got RFE for that as well.

and then when i finally made to the interview

i got blue slipped for my co-sponsor

last 3yrs tax return!! WHAT??? didn't they know that

this was necessary from a co-sponsor???

it's just ridiculous.NOT once had my lawyer contacted

me to say did you receive your packet 3 form the nvc

or are you getting stuffs in order for the interview

like, medical, proof of bonafide relationship.

nothing!! i heard zip out of them! so when it was time for me

to go to my interview i called to speak with the lawyer, and was told

by his assistant that if i wanted to talk to him i would have to pay

an additional $100.00 i was flabbergasted!!!! so i went to my interview

got the blue slip for the tax return and then. i found out that my co sponsor

had filed his 07-08 taxes in jamiaca, so i emailed them (the lawyer) to ask

if those tax return would be acceptable, that was form the 17th and i still have

not gotten a response!! so i guess my $4500.00 was done when he put his stamp on the

documents. smh!! not all lawyers are bad. but the one that are, should be made to pay

for how they treat their clients!!!

[LIFE'SJOURNEY 970]

i feel your pain , and i can tell you that i understand exactly how you are feeling.

i too wanted to get at my lawyer for the amateur job and shabby service which was provided

by him. one person posted that your chances are slim to none. and it's such a shame that

lawyers can take advantage of us and get away with it!!!!

i was not prepared at ALL!! for what's ahead by my lawyer it seems all he does is take my

hard earned $4500,00 and then say to hell with me!

i got RFE for my husband's tax return, i got RFE for not

how could they not know that my husband's tax return was a must!

they made multiple mistakes on my applications.which i had to

correct and fedex back to them 3times!!!

they didn't have me fill in where i lived from i was 16

and then we got RFE for that as well.

and then when i finally made to the interview

i got blue slipped for my co-sponsor

last 3yrs tax return!! WHAT??? didn't they know that

this was necessary from a co-sponsor???

it's just ridiculous.NOT once had my lawyer contacted

me to say did you receive your packet 3 form the nvc

or are you getting stuffs in order for the interview

like, medical, proof of bonafide relationship.

nothing!! i heard zip out of them! so when it was time for me

to go to my interview i called to speak with the lawyer, and was told

by his assistant that if i wanted to talk to him i would have to pay

an additional $100.00 i was flabbergasted!!!! so i went to my interview

got the blue slip for the tax return and then. i found out that my co sponsor

had filed his 07-08 taxes in jamiaca, so i emailed them (the lawyer) to ask

if those tax return would be acceptable, that was form the 17th and i still have

not gotten a response!! so i guess my $4500.00 was done when he put his stamp on the

documents. smh!! not all lawyers are bad. but the one that are, should be made to pay

for how they treat their clients!!!

Vett, how did you find this lawyer, and did he give you any guarantees? A lawyer cannot guarantee that anyone will be issued a visa, they can only assist in filing the correct documents.

[Aztec&Taino 144]

Has anyone ever tried this? I hired a lawyer (before I found this site, and because I had been advised by multiple people to do so because of previous visa applications by my fiance--although all this of course turned out to be unnecessary). In any case, I got an RFE (don't know what for yet, haven't gotten the hardcopy) and I am royally pissed at my lawyer. My parents have advised that I take him to small claims court and try and get my money back. He seemed competent before this, sending me very detailed lists of everything I needed, but now that an RFE because of him has set us back at least a month, I want at least some of my money back.

So if anyone has any advice on whether small claims court would work, or if they have done this or looked into it, I would appreciate the help.

Also, please do not just reprimand me for using a lawyer, my fiance and I were desperate and confused when we started this whole process and were mistakenly under the impression we needed a lawyer.

My guess is that winning such a case would be very hard because you couldn't win at the game that lawyers play. It's their turf. He probably had you sign a detailed contract where it probably is stipulated that the services do not guarantee results, visa approval, etc. You probably "signed your life away" when you signed the contract to hire the lawyer. Put this under the category of "live and learn" and focus on the rest of the process. At least you are here in VJ and know that you can obtain help by asking other members!

Best wishes

[Tero 105]

Maybe you should wait and see what the RFE is about before you "lose it." Taking a lawyer to court by yourself sounds like fighting a shark in the sea ...the odds are not in your favor as the court is your lawyer's game field.

[LIFE'SJOURNEY 970]

Did you read the documents before you signed them, or did you just signed where the lawyers had indicated for you to sign, because I believe if you'll had read these documents before signing them you would have caught these errors yourself.

Not judging, but some ownness of the problems should be put on thyself.

[vett 6]

Vett, how did you find this lawyer, and did he give you any guarantees? A lawyer cannot guarantee that anyone will be issued a visa, they can only assist in filing the correct documents.

my husband and his friend are the ones who hired him in the US.

i was not expecting guarantee. i only wanted him to help us by guiding us

in the right direction since we did not know anything about the process

and to fill in the paper works, since we didn't want to make mistakes

thus holding up the case. and the same reason we hired him for is the

same thing we got. so in my opinion he did not do his job well.

[Brother Hesekiel 2,236]

The retainer a lawyer takes from a client is for services rendered. What that means is that the lawyer represents you at USCIS. If he sent your stuff to them, he's done what you paid him for. Unless you signed a special contract where your lawyer guaranteed the you won't get an RFE or that the whole process wouldn't take longer than a certain amount of time, you absolutely have no basis for a claim.

[DaveE 178]

One can produce perfect documents and provide everything asked for, and still get an RFE. You mentioned previous visa applications by your fiance, that probably generated a red flag (thus the RFE). It still doesn't mean that they aren't just asking for some clarification and will approve you quickly.

[LIFE'SJOURNEY 970]

my husband and his friend are the ones who hired him in the US.

i was not expecting guarantee. i only wanted him to help us by guiding us

in the right direction since we did not know anything about the process

and to fill in the paper works, since we didn't want to make mistakes

thus holding up the case. and the same reason we hired him for is the

same thing we got. so in my opinion he did not do his job well.

Vett, then you'll needs to fire the lawyer and look for a new co-sponsor who has three years of US income tax filing and whose income will cover the proverty level for the number of people that are listed on their taxes along with adding you. It is a simple process, once you'll have achieved this, then a visa would be granted to you.

[kjenkins86 5]

I understand your frustration but you have to remain realistic.

How can you take your lawyer to small claims court and you don't know what the rfe is about??

You are aware that lawyers aren't for the purpose of guaranteed approval right? And I'm almost certain you didn't sign anything or was promised that you'll get an approval.

Another thing, expect ANYTHING when it comes to immigration, I've seen plenty of people get rfe's for something they already sent in.

Goodluck and I hope its something simple that you can send in asap.

[vett 6]

Vett, then you'll needs to fire the lawyer and look for a new co-sponsor who has three years of US income tax filing and whose income will cover the proverty level for the number of people that are listed on their taxes along with adding you. It is a simple process, once you'll have achieved this, then a visa would be granted to you.

yes, thanks for your continued support. i am moving ahead with things.

but i was just letting the OP know that they are not alone. when it comes

to dealing with a bad lawyer.

[TBoneTX 45,287]

None of us knows whether the lawyer was bad until the content of the RFE notice becomes known. As someone stated, it could be that USCIS itself overlooked something that was actually in the filing.