Lawyer made a bunch of mistakes on DS-260 form.. what to do?

[meow85meow 3]

Hello. So my husband and I hired an immigration lawyer to assist us with the CR-1 immigration process. Currently, our case is at DHS and we had paid our fees. Our attorney was supposed to help us prepared the online DS-260 form, but he had told us he filled it out and submitted the form without informing us. Unfortunately, when we checked out the application form, there were a BUNCH of mistakes in the application (e.g., listing my graduate school twice; filling in spouse's email address as my address; and most egregiously, IMO, stating that I didn't have any previous visa issued by the US, when clearly I sent him copies of my past F-1 visas...). My husband and I are furious, but right now, we're just trying to figure out what we need to do to correct this mess. Our lawyer said that we just need to submit and upload an affidavit correcting the mistakes - is this true??? Thank you in advance for all your help!!!! 

[Hank_ 9,174]

I would contact NVC ask if you can complete a new DS-260 ?     I know this can be done with the DS-160 but not sure about the DS-260.

 

One more lawyer for the "I F'd up a client's visa application process" list  ...   

 

 

 

Edited October 21, 2019 by Hank_

[Unlockable 7,316]

I agree with @Hank_. Contact NVC and get as much information about where you case is at. tell them what you discovered and ask to re-issue a new DS-260. Fire the lawyer and ask for all of your documents to be returned.

 

I wish you would have found this site before hiring a lawyer. You will find that lawyers often make mistakes that cost you time and money. The process is not that difficult and you can do everything yourself. Nobody, including a paid lawyer, will be more meticulous and caring about your case more than you, yourself.

 

If you do decide to proceed with doing it yourself, the VJ community will be here to assist you.

[meow85meow 3]

Hey everyone. Thanks for the quick responses! Two questions:

 

1) Is my lawyer even correct in that we can just upload an affidavit to correct the mistakes? Just want to confirm when we talk to him.

2) If we ask NVC to re-issue the DS-260, how long does that usually take?

 

Thank you!

[Dalila Gonzalez 49]

As far as I know from what my lawyer told me you can’t make changes to a ds260 once it has been submitted. You can call and try but usually you have to wait until your appointment date and have them fix the mistakes for you then 

[aaron2020 11,651]

2 hours ago, meow85meow said:

Hey everyone. Thanks for the quick responses! Two questions:

 

1) Is my lawyer even correct in that we can just upload an affidavit to correct the mistakes? Just want to confirm when we talk to him.

2) If we ask NVC to re-issue the DS-260, how long does that usually take?

 

Thank you!

Good luck.

Edited October 21, 2019 by aaron2020

[carmel34 3,662]

4 hours ago, meow85meow said:

1) Is my lawyer even correct in that we can just upload an affidavit to correct the mistakes? Just want to confirm when we talk to him.

2) If we ask NVC to re-issue the DS-260, how long does that usually take?

You can upload as many additional documents as you want to via CEAC, so yes, an affidavit or letter stating the corrections needed to the DS-260 could be uploaded as an extra document.  When you call NVC and speak to someone, ask if the uploaded letter of correction is sufficient, or if they will need to delete the incorrect DS-260 so that you can fill out another one online yourself.  All of this will add more time to the NVC approval stage, no one knows how long, it typically takes a few weeks.  Fire the attorney and do it yourself if you want it done immediately and without errors.  Good luck!