I-485 deny lawyer make a mistake (merged)

[African Zealot 1,455]

They record all interviews so you can request that to prove you didn’t lie, that the mistake on the forms was corrected during the interview.

 

Get a good attorney. This is time for serious business.

[guohuimeng 0]

5 minutes ago, Ray.Bonaquist said:

They record all interviews so you can request that to prove you didn’t lie, that the mistake on the forms was corrected during the interview.

 

Get a good attorney. This is time for serious business.

Thanks very much, i hope I can get good lawyer, but I don’t know too much lawyers

[Marieke H 2,498]

12 hours ago, guohuimeng said:

the I- 485 has this question , but because the lawyer help me fill up this form, and he did not ask me about this question , till the interview, i know  this question,  and i say yes during the interview. i did not lie

But after the lawyer filled out the form for you, he must have given it to you to sign. It was your responsibility to make sure everything was correct. By signing the form you stated that everything in it was correct. So technically you did lie.

 

14 hours ago, guohuimeng said:

We believe that this was just a clerical error on lawyer side so we told the lawyer about this error, and he recommended that we acknowledge being in the communist party during the interview to make it right. We have held nothing back from the USCIS, everything we told them is the truth and nothing but the truth.

No. What you initially told them in the form that you signed was not the truth. 

 

You need to find a good lawyer. A much better lawyer than the one who messed up your I-485.

[dwheels76 5,468]

5 hours ago, guohuimeng said:

Thanks very much, i hope I can get good lawyer, but I don’t know too much lawyers

What is your husband doing during all this? Why are you having to do this all alone? Didn't he read the form and hear the questions at interview? Your lawyer messed you up very bad and this as others have said will take a good lawyer and lots of money. Good luck.

[Villanelle 4,122]

You can find an attny by googling your states name + bar + referral. The bar association can provide referrals. Try to get as many free consults as possible and then additional paid consults as needed. Compare the advice you are given among the attnys. Use what one tells you to speak to the others- be skeptical of any of them who say something different from the overall consensus of opinions or presents it as not a big deal to fix. You can also post back what you were told and users here can help you assess who appears to be the best attny or help you make sense of what they are telling you. 

 

Generally speaking as explained already you are responsible for the contents of your forms not your attny. It is good though that you were able to correct the incorrect answer at the interview and did not stay silent. It seems they allowed you to change your answer with out any misrep type penalty however you still have the issue of the question being a 'yes' answer. An attny can advise you if it is better to attempt to fix this through the appeal process or to refile. Its a shame your first attny knew of the issue and advised you to go to the interview under the impression all you had to do was tell them of the correction and it would be OK. You should also write out (as soon as you can since memories fade) a word for word transcript from memory of what was asked and what you said. The interview may have been recorded but even if it wasnt any thing you said in it was under oath and part of your record. If you offered any type of explanation or extended answers to questions your answers are important. You can not change what you already said, your answers may need to be explained further or clarified. It will be important for the attny to know what was asked and your answers, so try to write out what you can recall to the best of your ability. This is going to be a long process to attempt to correct. You can expect to pay a large amount for legal assistance and there is no guarantee of the outcome. Best of luck. 

[AJ2019 58]

You should also look into legal malpractice, so that you can recover some of your money you paid to the attorney, maybe help pay for the next one.

[geowrian 22,337]

Legal malpractice seems like a longshot here, and the costs necessary to litigate it are likely much more than the amount paid (and you're not going to get a lawyer to sue another lawyer pro-bono).

A complaint to the state bar association is likely a better approach if one believes they were not properly represented.

[guohuimeng 0]

 

 

  I received theI-485rejection letter from USCIS state that my green card was rejected due to me being a member of communist party in china, and the letter said  I didn’t summit a waiver of inadmissibility based on my communist Party membership. We were never told to submit a waiver form nor did we even know that this form existed.

      the letter state that i need to summit a 290 to reopen my case if i think the case is error in 30days. 

     my question is :

   1, what i need to do about this case? reopen or summit another application I-485? which one is the better way?

   2, if i summit the I-290 in 30 days, it is a possible that they don't give me chance to reopen, 

  3  if i summit another I-485, it is good idea? 

  4 do i need to summit a waiver? what time i summit i need to summit a waiver? after the reopen?

  5 do i need to leave usa( my husband is citizen)

  5  if i needn't to leave , i have a business now , i donot know i can continue my business or not.

please help me , i am so worried

[Allaboutwaiting 2,503]

The denial does not come from the OP lying on a form, as she retracted in a timely manner -based on her own account in this thread-. 

The denial is based on the OP being a member of the communist party, so she should have included a waiver when filing. 

It would have been the lawyer's fault IF the OP disclosed this, but it seems she didn't, as her answer on the I-485 for that very specific question, was no.

Edited June 9, 2020 by Allaboutwaiting

[Duke & Marie 1,389]

Please update your timeline.. 

 

well, in ref to your questions:

You can appeal and do as they ask.. but I don’t know this process well enough to comment.

 

Resubmitting with a waiver is probably easier

 

you  still need to resolve the communist party membership issue or it may be rejected again. I guess the questions is Are you? Was you? Or is it a mistake on their part..?

 

#5... you’re currenly out of status “illegal” since your i485 was denied, so yes you should make arrangements to leave unless you appeal or get a new noa1.

 

#6... given you’re i485 was denied, there’s a pretty good chance you’re EAD is no longer valid since you require legal status/stay to use it...  so you may not legally be permitted to work right now, so your business is already at risk.. 

Edited June 9, 2020 by Duke & Marie

[Allaboutwaiting 2,503]

If you leave, as you have overstayed for way more than a year, you'll be banned from entering the US for 10 years. So that is not the best option. 

 

You mentioned on another post that you entered the country in 2018, so you need to prove that you HAVE NOT been a member of the party for 5 years before the date of your application.

 

You can reopen or refile, but you MUST get a good lawyer for the waiver. 

 

I personally think it is better to refile but you must have strong evidence that you have not been a member of the party for 5 years -which I think is difficult as you lived in China until 2 years ago-.

 

As mentioned in the previous post, your work permit is automatically void. 

Edited June 9, 2020 by Allaboutwaiting

[guohuimeng 0]

Thank you very much

The letter state i can not appeal, just can reopen (I-290) in 30days

As long as submit I-290B form,  it mean i need not to leave? Or i must leave if they do not reopen in 30days! 

The same question to refile I-485

[guohuimeng 0]

13 minutes ago, Allaboutwaiting said:

If you leave, as you have overstayed for way more than a year, you'll be banned from entering the US for 10 years. So that is not the best option. 

 

You mentioned on another post that you entered the country in 2018, so you need to prove that you HAVE NOT been a member of the party for 5 years before the date of your application.

 

You can reopen or refile, but you MUST get a good lawyer for the waiver. 

 

I personally think it is better to refile but you must have strong evidence that you have not been a member of the party for 5 years -which I think is difficult as you lived in China until 2 years ago-.

 

As mentioned in the previous post, your work permit is automatically void. 

 

[guohuimeng 0]

Thank you very much,  

my husband is citizen, my I-130 is improved, can i take a chance to get the waiver?

 

[Allaboutwaiting 2,503]

2 minutes ago, guohuimeng said:

Thank you very much,  

my husband is citizen, my I-130 is improved, can i take a chance to get the waiver?

 

You MUST file the waiver, you have no other choice. But if the waiver is not successful, you will be denied again.