Where to start?

[Jass 73]

Hey guys...didnt think I would be back here again lol question...I am married and my husband is already in the states. He and his family have green cards, but his expired last September. He has and attorney and she is very incompetent. She was supposed to file to forms to renew his GC and just recently told him that someone in her office filled out the Asylum form on accident...she has made so many mistakes and we just want to do this on our own. So because my husband is already in the states, and been here a while, where do I start? he cant work right now or renew his license because of this attorney. We just want to go ahead and file the forms ourselves....

[LilyJ 1,258]

He is now subject to removal proceedings if found out.. File ASAP but recognize that USCIS may reject the petition if they don't feel as though the reason for filing so late is a good cause. Include a letter with your petition explaining what happened, why, and how. Not sure if it will help but maybe try to get a signed letter from your attorney explaining that it was the fault of the firm. If the petition is rejected, he may be deported and then you would have to start fresh with a CR1, disclosing the removal proceedings on the I130. But that's just an "if" plan. First step is to file as soon as possible.. It is already extremely late, you don't want to delay this any further.

Start reading here https://my.uscis.gov/exploremyoptions/remove_conditional_status

Edited February 5, 2020 by LilyJ

[Boiler 45,443]

He is a Legal Permanent Resident, his card is just proof and obviously a LPR can not apply for an asylum.

 

Renewing his Green Card is pretty simple, just fill in the form and send the fee, quite why he needs a lawyer to do so I have no idea.

 

Why can he not work, should have enough evidence for the I9 without the actual card, ditto license assuming you mean Drivers Licence, I did not need the card when I renewed mine.

 

Make sure the Lawyer refunds in full, threaten them with the State Bar if they do not.

[Just Paul 4,595]

File the ROC.  It is what you do.

[LilyJ 1,258]

3 minutes ago, Boiler said:

He is a Legal Permanent Resident, his card is just proof and obviously a LPR can not apply for an asylum.

 

Renewing his Green Card is pretty simple, just fill in the form and send the fee, quite why he needs a lawyer to do so I have no idea.

 

Why can he not work, should have enough evidence for the I9 without the actual card, ditto license assuming you mean Drivers Licence, I did not need the card when I renewed mine.

 

Make sure the Lawyer refunds in full, threaten them with the State Bar if they do not.

I assume his conditional residency expired and they needed to file to remove conditions, since according to their timeline he came over on a K1 in 2017. However it expired in September and it's now February, long past the expiration and long past the time for filing for ROC. Instead of the lawyer filing the ROC, they filed for asylum. Meaning he's now out of status and no longer an LPR until ROC..

Edited February 5, 2020 by LilyJ

[Boiler 45,443]

2 minutes ago, LilyJ said:

I assume his conditional residency expired and they needed to file to remove them, since according to their timeline he came over on a K1 in 2017. However it expired in September and it's now February, long past the expiration and long past the time for filing for ROC. Instead of the lawyer filing the ROC, they filed for asylum. Meaning he's now out of status and no longer an LPR until ROC..

OP said he and his family have GC's, no mention of RoC.

[LilyJ 1,258]

5 minutes ago, Boiler said:

OP said he and his family have GC's, no mention of RoC.

Yes but if you check their timeline, he came on K1 2 years ago, meaning he needs to remove his conditions now

Edit: 3 years ago actually. Forgot it's 2020. Oops

Edited February 5, 2020 by LilyJ

[angelbrown 195]

I'm confused. Is this your "ex" husband you mentioned in another post or the friend you were trying to help, they have similar timelines. What exactly is he filing for? I thought when you come on K1, permanent residency isn't until they approve the AOS. If he didn't get his green card until February 2018, he wouldn't be eligible to remove conditions until, at the earliest, November 2019. How did his greencard expire in September? Or was it backdated to an earlier date? Why would he need a lawyer to remove conditions? You just fill out the forms and submit your evidence, same as when you applied for the K1. The lawyer filed for asylum? So are you guys actually divorced and he's trying to remove conditions and the lawyer tried some trickery? I don't understand. My suggestion... he needs to fire that lawyer ASAP and you need to be honest so you can get complete and accurate answers to assist you.

Edited February 5, 2020 by angelbrown

[Unlockable 7,314]

Agree with @angelbrown. A lot more info is needed.

[Jass 73]

This is not my ex-husband, we have divorced and he left me over a year ago. 

[angelbrown 195]

35 minutes ago, Jass said:

This is not my ex-husband, we have divorced and he left me over a year ago. 

Ok so you remarried and your new husband is trying to renew his greencard? You say his greencard expired in September. When you say he’s been here a while, do you mean awhile in that he has a 2 year greencard he’s trying to remove conditions on or a 10 year card he needs to renew? I’m just trying to understand bc in order to provide you correct answers, people need complete and accurate info from you. When you provide half information, people can only look at your timeline to draw conclusions to help you. In that sense, you may actually be provided with incorrect answers. You say he can’t work. Did the lawyer tell him that? He still needs to fire the lawyer. 

Edited February 5, 2020 by angelbrown