Taking bad attorney out of my case

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Hi VJ

I said couple of times that I faced serious problems with the attorney I choose to put on my case. We had many problems with him that involved paying the wrong fee, putting the wrong invoice number, getting 2 checklists to correct exactly the same thing, and others... The last problem was that we got CC but a checklist at the same time, with the I-864 my attorney send wrong. So my wife will have to take it with her with the corrections on there interview date. The interview was already schedule for november.

The thing is that I have't heard from the attorney since the first checklist. Now after the second checklist was sent to us, and to him, he didn't call me or email me to talk about it. Is like nothing happened. Me and my wife are doing everything by ourselves since day one without his single help. With that in mind, I would like to know if there is any official form or paper work that I have to fill out since I am taking the control of the case and not dealing with this "attorney" anymore. In the interview day my wife will take the I-864 filled by me and her, and in the last page where the Attorney use to sign we will leave it blank, this may be a problem or not?? Did anyone faced this problem before??

[Ryan H 3,812]

To remove an attorney from a case, you need to contact the NVC in writing. The necessary contact information to do this can be found here: http://travel.state.gov/content/visas/english/immigrate/nvc/nvc-contact-information.html

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Any one has any idea of what to write??

Also, i do not want to send it to NVC once that the case already left there and moved to embassy. If I send it to NVC the case will re-open and that will take forever. So what I am looking forward to do it to take it with me when i will be in the embassy.

[mdzcpa 58]

We recently "fired" our attorney for a poorly prepared AOS that resulted in a checklist. However, we did not formally remove him from our case as it would cost additional processing time. We simply told the attorney to take no further action in our case.

When you call NVC, they confirm 3 emails. Your attorney's email, the petitioners email, and the beneficiary's email. If they have only the attorney's email, you can add the petitioners and beneficiaries email as well. With those emails added, you can respond to anything the NVC sends.

When I spoke the NVC they clearly told me I could send in the correct AOS myself and it did not need to come from the attorney, and that the petitioner and beneficiary can send any documents at any time we choose. The attorney selection for the process only gives the NVC permission to work with your attorney. But the beneficiary or petitioner can submit documents and make calls at any time. So I sent in my own corrected AOS in response to the checklist.

We know this attorney well enough that when we instructed him to take no further action we trust he will not do so, This was in a face to face meeting. And he had already been paid in full for services so he didn't seem to care at all that he was being asked to do nothing going forward.

In your case I am not suggesting you do the same as we did. You must consider whether your attorney will follow instructions and DO NOTHING. If you think they will do this you can continue the process with the same attorney on your case and just submit any remaining documents on your own. This will save you processing time of formally removing the attorney from your file. But you must also be sure both the petitioner and beneficiary emails are on file at the NVC so you receive all correspondence.

Edited October 8, 2014 by mdzcpa