Lost AOS package

[Loren Y 2,755]

I use attorneys for lots of legal things ( Have not used them for anything Immigration, but I was thinking maybe for AOS, but I have done fine so far with my K1, so I'll more than likely AOS myself also) but whenever something requires mailing or a fee paid I always handle it myself. Some attorneys get a little hurt when I tell them I'll handle the check and mailing of the paperwork, but oh well, you want my business or not. That way I can review the paperwork, know that a check was attached or sent for sure, and I ship it the way I want, Next Day, 2nd Day, etc. Then I have full control over the payment and tracking part.

 

It seems weird in this case that they would want to cover your fees for you and just bill you for it. I mean lets say they have just 10 AOS packets to send, that's 12250.00 in checks they have to cover. Unless they are a really big law firm that's a lot of money to front on the hopes you get paid. I know some attorneys let you make payments on their services so it isn't a big hit on your bank account ( Of course they get a cut for doing this). Lets say out of the 10 AOS applicants only about 3-4 paid in full like you, and they are waiting, or waited to build up some more money before sending out packets. I don't run the place or have access to their books, but it sounds like they might be overextending their limits of money they have on hand, and are kinda floating things to get them time to cover more fees. I would check their google reviews, or their rating at the BBB just to see where they stand. Something doesn't sound right especially since you paid in full they should not be sitting on your packet, they should make the monthly payment filers wait.

 

 

[debbiedoo 2,339]

that sounds sketch as hell.....

 

what kind of attorney would NOT use tracking/delivery confirmation of some kind? 

 

I'd be firing them. You dont need an attorney anyways, unless you have something majorly weird going on. And if you do....i sure wouldnt trust THAT attorney! 

[TNJ17 1,329]

I bet your lawyer never sent the package. Lawyers out files on their desk and they just sit there for months. It’s a waste of money to use a lawyer for a case with no issues. I would go to the lawyer’s office, demand your package and money back and fire him. And do it yourself. 

[Unlockable 7,314]

@Aneta73

 

A tracking number for something as important as your personal immigration documents is standard procedure. If the lawyer never sent or is late sending it, it won't be the first time we have heard it. You are well within your right to find out what happened.

 

Also, if you decide to move forward without a lawyer, we are here to help you with any question you may have.

[David & Diana R 1,005]

6 hours ago, Aneta73 said:

They told me they used the tracking, however for some reason they wont give it to me or they date when it was mailed.

I'm afraid they haven't send it yet but at the same time wondering why they would hold my papers since we have such an easy case.

My guess is this "attorney" needed money in his checking account so he had you pay him directly.  Now again he is out of money and doesn't have the money in his checking account to mail the check.  I would contact your local legal disciplinary board.  Something is fishy here.

[GEOntificator 281]

6 hours ago, Ben&Zian said:

30 days is not unheard of for anything to happen to the AOS packet; but generally is about 2 weeks.  Having a tracking number or signature required would have been more useful from your lawyer though. That's how we knew the lockbox did receive it.

It took 4 days for me. Let's be realistic, it should not take more than 2 weeks at the most. If it does, then there is something wrong. It is highly unusual to not hear anything for a month.

[EM_Vandaveer 2,408]

Definitely fishy. Main issue here is what if the lawyer refuses to refund the money? As the sum allocated for the filing fee was also given to the lawyer, OP could end up having to pay it twice.

[Diane and Chris 651]

8 hours ago, Aneta73 said:

Yes, I have an official receipt I paid them. I think I will go the the office tomorrow, with my husband,  and will have a nice talk with the whole staff.

 

I wouldn't be pushy if they were honest with us. I think they took too many clients and cannot keep up with workload.

 I think you’re exactly right. Someone dropped the ball and did not mail your package. It’s sitting under a pile on someone’s desk, probably. As for the check, you should have written it to USCIS for the fee. Perhaps you can get your money back from the attorney. Tell them you decided to do it yourselves. You will find all the help you need on VJ.  Good luck!  

[Diane and Chris 651]

8 hours ago, Aneta73 said:

That's my plan. I'm just wondering , once I get my NOA's, can I contact USCIS and took the attorney off my case?

You don’t not need to let USCIS know about the attorney. All of the information will come to you as well. 

[Highmystic 234]

2 hours ago, EM_Vandaveer said:

Definitely fishy. Main issue here is what if the lawyer refuses to refund the money? As the sum allocated for the filing fee was also given to the lawyer, OP could end up having to pay it twice.

Yes, if the OP has to re-file and re-pay, they most certainly should file small claims court for double the money paid for breach of contract and failure to perform.

[TNJ17 1,329]

4 hours ago, David & Zoila said:

My guess is this "attorney" needed money in his checking account so he had you pay him directly.  Now again he is out of money and doesn't have the money in his checking account to mail the check.  I would contact your local legal disciplinary board.  Something is fishy here.

Wrong. That is procedure with lawyers. You pay the fee plus the attorney fee and they mail your money out either with a money order or a firm check. 

[clarkyzp33 3]

11 hours ago, Meow73 said:

My attorney mailed my AOS package a month ago and I didn't hear from USCIS. No receipt, or RFE. My attorney swears they mailed it. I called immigration yesterday and were able to talk to tier 2 officer. He check the system and has no record of my documents. He searched under name, maiden name, ss#, DOB- nothing! Would the office hold the package just like that?

I called my attorney back and they keep telling me to relax,that everything is ok but won't give me the specific date when the docs were sent  or tracking number. They just keeps saying that it is normal and that people usually wait over a month to get a NOA. I am under the impression that they might be lying to me or the immigration office lost my package. I really don't know what should I do? I paid for everything up front and I am afraid I might have to sent the package again and pay again.

 

DIY it. I never ever trust attorney. Immigration is ez to do.

[dazed'nconfused 14]

15 hours ago, Meow73 said:

They told me they used the tracking, however for some reason they wont give it to me or they date when it was mailed.

I'm afraid they haven't send it yet but at the same time wondering why they would hold my papers since we have such an easy case.

The reason is because it was never sent. 

 

I'm sorry OP.  Unless you've got some major issues with your case, I'd DIY it from here, because this lawyer is shady as heck and unless there's legal problems with your case/marriage, there's really no reason to risk more money with a different lawyer.

[randomstairs 303]

Did you look for the ratings/reviews of the law firm? I'd never put my American life (i.e. my life, period) in the hands of an attorney with less than stellar credentials. These forums will probably provide higher quality help for simple AOS package preparations than most law firms will. From personal experience I would say that most cheap immigration lawyers are ignorant of the law, negligent, lack all passion for the law, and don't care about their clients.   

 

Many lawyers will focus on a few cases, solve them well, and then overbook and neglect other cases. If a law firm charges significantly below the market, run away. They don't even value their own work - what does that tell you about how much they value your case? No one is rich enough to hire cheap lawyers. 

[moosy 139]

I wouldn't do anything in your case.

Pretty sure they forgot it on a desk, and mailed it out as soon as you mentioned it. Wait for two weeks after your mentioning to see if they sent the notification.

They don't want to give you the tracking number because it would be clear they messed up, as all dates are on there.

I'd wait a little longer before doing anything rash like most suggestions above, especially if you're certain it's a regular lawyer office. They might not mail things every day, or they might wait until a certain date for anything with checks.