Did our attorney mess up?

[Nordic em 0]

After much deliberation we decided to use an immigration attorney to file our petition for my AOS and EAD. (Married to a USC)

I had pretty much filled out all the forms and gathered the supporting documentation, but I wanted an attorney to look over everything to make sure nothing was missed. We paid her a fixed amount for this and she signed on the documents that she was our attorney in case something came up and we wanted her assistance later on.

Last week she sent me an email saying she received an RFE (Request for Evidence), we were out of town for the week so I asked if she could just tell me what it asked for so I could start thinking about it. She wouldn't do that and she also said that she couldn't take on the RFE without us paying her a retainer to work on it, otherwise she would have to sign off as our attorney with the USCIS. I spent the whole week worrying about it, not knowing what it asked for.

Finally I got it faxed to me a couple of days ago and I noticed it was a Request for Initial Evidence, meaning our application was considered incomplete because documents initially required were not submitted. Specifically what they asked for was W-2s, 1099s, tax returns and proof of current employment. We had already submitted the past three years tax returns, as marked on the I-864 form, but not W-2s, 1099 or proof of my husbands own business corporation.

Now I noticed by looking over the I-864 form (Affidavit of Support) that there is a clearly marked check list (see below), I admit that I overlooked this, but this is precisely why we hired an attorney. Her contract said she would "review, complete and submit all forms [...] and supporting documentation". I feel that the RFE is still under her initial contract and payment, and I'll be happy to have her assist us in responding to the RFE, but I don't want to pay her $200p/h to do so when it seems to me this was her fault. The only thing she told us to submit were tax returns for the past three years. My husband and I very capable of doing the entire immigration process by ourselves, but hired the attorney for peace of mind and because time is of the essence.

Should we "fire" our attorney? Should we dispute this with her? I really don't want to waste too much time.

Check list for I-864

"The following items must be submitted with Form I-864:

For ALL sponsors:

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement

and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099,

Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax

years , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of these

items will help you qualify."

[Boiler 45,730]

The RFE is understandable.

Whether you want to continue using her services is up to you, have you asked her why she did not ask for them?

[Irisheyes 0]

If you paid her to check over your initial paperwork and got an RFE for it, she obviously missed something and therefore is at fault. I have fired 2 lawyers already in this process due to their lack of knowledge despite being "immigration lawyers" and ended up doing it.....and succeeding....on my own. I would drop her quick, fast and in a hurry! Do not pass go, do not collect $200!!

If your case is uncomplicated, and you have already filed AOS, the hard part is over.

Edited for spelling!

Edited January 11, 2007 by Irisheyes

[maggieNomar 0]

If you paid her to check over your initial paperwork and got an RFE for it, she obviously missed something and therefore is at fault. I have fired 2 lawyers already in this process due to their lack of knowledge despite being "immigration lawyers" and ended up doing it.....and succeeding....on my own. I would drop her quick, fast and in a hurry! Do not pass go, do not collect $200!!

If your case is uncomplicated, and you have already filed AOS, the hard part is over.

Edited for spelling!

I think it is her responsibility as the atty to know what needs to be done. You can goof up on your own!! I would get the money back if that were an option, fire her, and move on. You have this wonderful site to help you, and if you need an attty, PM me and I'll give you a great one.

[Eveline 9]

I agree. Go to her office and get all your paperwork. I wouldn't pay one more penny to her. There are example forms, cover letters and hundrets of people here that can definetely help you. And the best of all...we do it for free.

[Killer_Clown_2009 0]

Fire her for sure. She should have offered to fix her error free of charge.

[SC & TF 1]

Yes I absolutely agree. Fire her, get all your papers from her, follow instructions on this website and do it yourself. You will not only save money, but will learn more about the process yourself for the future.

[malie 0]

Hi Nordic em,

I've heard of cases where the USCIS requests for initial evidence if the case was transfered to another office. Perhaps the communication between USCIS offices is not as efficient and organized as we would all like.

But the fact that attorneys do F*** up is also true.

Hope it helps

nico

[ninamyers 0]

When I was working for an immigration attorney it did seem that I knew more about the whole process than she did. For one thing she insisted on having the I-864 notarised, even though you clearly don't need to . Anyway that's beside the point, immigration lawyers are a waste of time, fire yours immediately!

[khool 0]

After much deliberation we decided to use an immigration attorney to file our petition for my AOS and EAD. (Married to a USC)

I had pretty much filled out all the forms and gathered the supporting documentation, but I wanted an attorney to look over everything to make sure nothing was missed. We paid her a fixed amount for this and she signed on the documents that she was our attorney in case something came up and we wanted her assistance later on.

Last week she sent me an email saying she received an RFE (Request for Evidence), we were out of town for the week so I asked if she could just tell me what it asked for so I could start thinking about it. She wouldn't do that and she also said that she couldn't take on the RFE without us paying her a retainer to work on it, otherwise she would have to sign off as our attorney with the USCIS. I spent the whole week worrying about it, not knowing what it asked for.

Finally I got it faxed to me a couple of days ago and I noticed it was a Request for Initial Evidence, meaning our application was considered incomplete because documents initially required were not submitted. Specifically what they asked for was W-2s, 1099s, tax returns and proof of current employment. We had already submitted the past three years tax returns, as marked on the I-864 form, but not W-2s, 1099 or proof of my husbands own business corporation.

Now I noticed by looking over the I-864 form (Affidavit of Support) that there is a clearly marked check list (see below), I admit that I overlooked this, but this is precisely why we hired an attorney. Her contract said she would "review, complete and submit all forms [...] and supporting documentation". I feel that the RFE is still under her initial contract and payment, and I'll be happy to have her assist us in responding to the RFE, but I don't want to pay her $200p/h to do so when it seems to me this was her fault. The only thing she told us to submit were tax returns for the past three years. My husband and I very capable of doing the entire immigration process by ourselves, but hired the attorney for peace of mind and because time is of the essence.

Should we "fire" our attorney? Should we dispute this with her? I really don't want to waste too much time.

Check list for I-864

"The following items must be submitted with Form I-864:

For ALL sponsors:

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement

and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099,

Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax

years , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of these

items will help you qualify."

At the very least, she should not be billing you to rectify this error. I'd be surprised, however, if you walk away without having to pay for some part of her services to date.

[rebeccajo 14]

Tell her you no longer require her services and that you want your file back. She has to give it to you.

[Jolibee76 1]

I am sorry this has happened to you. Me too has hired a attorney for the fine tuning of things-Just to make sure paperwork etc are correct. However my attorney quotes that she is with me right to the bitter end, so i know if i hit some hurdles she should be there! i see you are in cali, just curious to know what attorney you are dealing with to make sure i am not taken down the same path as i have hired also someone in San diego and i live in florida. yes this website is such a blessing, if i knew this website was there before i hired a attorney i wouuld just use this. however a few mths too late. Anyhow the support and help has been such a beaut blessing anyhow. Thus correct i find more info here than my attorney knows! whoever though of this concept needs a pure recognition.

i hope things with your attroney gets sorted, so far mine has been very good... fingers cross.

cheers

Carolyn

Aussie Aussie Aussie Oi Oi OI!!!