VAWA petitioner missed 2 biometrics appointment bc of incompetent lawyer

[DesperateinNY 0]

Hello,

 

I am a (soon to be former) spouse of a US citizen, who abused me. Since I cannot afford paid legal representation, I was referred to an organization that takes VAWA cases pro bono. Unfortunately, they have been extremely negligent in handling my case. I-360, I-485 and I-765 petitions were received by USCIS on 7/6/2021 and a prima facie determination was issued shortly thereafter. All notices from USCIS are being sent to my pro bono lawyer, even though my abuser husband no longer lives with me or has any access to my mail. The lawyer called me in October saying that my biometrics appointment had been scheduled for the day prior. I went to the processing center but they wouldn't take me as a walk-in but advised me to call USCIS and reschedule the appointment, which is what I did. Throughout the month of November, I texted and emailed the lawyer and the organization for which he works asking about the status of the new appointment. When the lawyer bothered to reply it was to say that there was no news. He finally texted on 12/7 saying that he needed to call and talk to me. I immediately got concerned and asked if there was a new appointment date to which he responded in the affirmative, but he still needed to speak to me. He finally called on 12/9. At that point, he informed me that the appointment date had in fact been set but it was for 11/24, that is, some 2 weeks  before he even texted me.  He explained that he was working remotely, all notices are being scanned and emailed to him from the main office and he did not receive the second notice until the day of the appointment, 11/24.  After that, he promptly went on vacation without notifying me about anything, and then called me in December after writing a letter to USCIS Vermont, explaining the situation and saying that my no-shows were not my fault. 

I am beyond devastated, I have 2 minor children with special needs and was desperate to get an EAD so that I could provide for them properly. I have no idea if the case is still opened and whether the new biometrics date was set. How do I go about finding anything out? The online portal says nothing except that the case was received. There have never been any updates, due perhaps to the nature of VAWA cases. The USCIS phone representatives cannot even tell me if the case is still open. The lawyer does not respond to texts or emails because he doesn't give a damn. My questions are as follows.

 

1) If the cases are NOT listed as closed on the online portal, should I assume that they are still active/not considered abandoned?

2) If the lawyer sent the explanation letter 2 weeks after the last missed appointment date, would the USCIS still consider it? I read somewhere that they normally wait 30 days for an explanation before closing the case. Is that correct?

3) If the USCIS set the new appointment date and sent the notice to the lawyer, is there a way to find out what the date is WITHOUT going through the lawyer? Can I go to the processing center and ask if there have an appointment date for me anytime soon?

4) WHAT CAN I DO IN THIS SITUATION? THIS IS A NIGHTMARE, EVERYBODY TRIES TO GET RID OF ME, NOBODY CARES and I am on my last legs....

 

Any advice would be appreciated.

 

[Boiler 45,979]

You need a new lawyer obviously, even Pro Bono Lawyers have obligations and this one seems to have failed big time.

 

They said some months back that they could and would just terminates cases where there was a no show leaving you to file again, now to what extent they have carried through on this I do not know.

 

You can I know notify USCIS that you are no longer using this Lawyer, however if you are going to appoint a new lawyer might be better to get them to do this and make sure you get sent everything as well.

[DesperateinNY 0]

Thank you. Unfortunately, I can't afford a proper lawyer in NYC. Apparently, all I can do is wait 2 months for my lawyer to inform me that my case got tossed out a month before. I still cant believe that they would do this to me. And that there is no accountability. The kids and I just keep falling through the cracks and the "lawyer" is collecting funds from the city for "representing me". 

I'm trying to function for the sake of the children, one of whom has severe depression with suicidal ideation and doesn't want to leave the States under any circumstances. She does not speak my language. It is a catch 22.

 

[balo101 669]

15 minutes ago, DesperateinNY said:

Thank you. Unfortunately, I can't afford a proper lawyer in NYC. Apparently, all I can do is wait 2 months for my lawyer to inform me that my case got tossed out a month before. I still cant believe that they would do this to me. And that there is no accountability. The kids and I just keep falling through the cracks and the "lawyer" is collecting funds from the city for "representing me". 

I'm trying to function for the sake of the children, one of whom has severe depression with suicidal ideation and doesn't want to leave the States under any circumstances. She does not speak my language. It is a catch 22.

 

If i were you i would go to the center with old notice and explain them the situation and see if they can take biomatrices. 

 

I would say try that. y

[DesperateinNY 0]

9 minutes ago, balo101 said:

If i were you i would go to the center with old notice and explain them the situation and see if they can take biomatrices. 

 

I would say try that. y

I did. Since it was over 2 weeks past when I was supposed to show up, a lady there explained to me I was no longer in their system. So even if they wanted to process me out of humanitarian concerns so to speak (I had papers from my daughters clinic), I was no longer in their system and they could no longer do it. If I came to them on the day or two after the original appointment they could have made an exception (which they do not normally do due to covid) but two weeks? Nope. I left there in tears. 

[balo101 669]

10 hours ago, DesperateinNY said:

I did. Since it was over 2 weeks past when I was supposed to show up, a lady there explained to me I was no longer in their system. So even if they wanted to process me out of humanitarian concerns so to speak (I had papers from my daughters clinic), I was no longer in their system and they could no longer do it. If I came to them on the day or two after the original appointment they could have made an exception (which they do not normally do due to covid) but two weeks? Nope. I left there in tears. 

OMG. I am sorry about that.

I had a bad experience with a lawyer as well. They just kept my file for 3 months. they forget to send it.

 

Coming back to your issue, i would say reach out to your congress/senator. Explain them your situation and have them get it back for you. in addition to that i would say contact USCIS and have them send your mail to you not to attorney. 

[Verrou 1,962]

11 hours ago, DesperateinNY said:

Thank you. Unfortunately, I can't afford a proper lawyer in NYC. Apparently, all I can do is wait 2 months for my lawyer to inform me that my case got tossed out a month before. I still cant believe that they would do this to me. And that there is no accountability. The kids and I just keep falling through the cracks and the "lawyer" is collecting funds from the city for "representing me". 

I'm trying to function for the sake of the children, one of whom has severe depression with suicidal ideation and doesn't want to leave the States under any circumstances. She does not speak my language. It is a catch 22.

 

can you find another pro-bono lawyer? when i got notice to appear before judge in NYC, in the letter that they sent, theres a list of lawyer that do pro-bono. 

[Rocio0010 5,616]

Hello,

so sorry you’re in this situation! First, you should report your lawyer to the State bar, so that there are no more victims of his incompetence and lack of commitment. Just because he’s pro bono that doesn’t mean he gets a free pass to be lazy. 
Second, I would have a free consultation with another attorney and see if they have payment plans. Some of them do. I know Jim Hacking does, and he seems to be very competent.

[luminarc 218]

You are better off yourself without the lawyer, vj has a lot of useful info as you move along in the process, since it is a vawa case you have to write Vermont, pls take the help of your congressperson as well.

[elmcitymaven 9,712]

On 12/22/2021 at 4:52 AM, ra0010 said:

First, you should report your lawyer to the State bar, so that there are no more victims of his incompetence and lack of commitment. Just because he’s pro bono that doesn’t mean he gets a free pass to be lazy. 

By all means, the OP should report this attorney to the appropriate bar, but bear in mind that complaints rarely go much of anywhere. Attorneys are allowed ample opportunities to respond to complaints, and the table is tilted in their favor. Fraud is something that is pursued aggressively, but poor calendaring and useless admin support is unlikely to result in no more clients suffering the same harms as the OP. 

 

This isn't to dissuade the OP from making a complaint -- he or she should! -- but it is said to dispel the myth that I see on VJ again and again that making complaints will actually result in suspension or disbarment without much, much more.

Edited December 28, 2021 by elmcitymaven

[DesperateinNY 0]

I would like somebody to be held accountable. But my priority is to find out if my VAWA/AOS case remains open, despite missed appointments. I have been trying for a month and still don't know anything. Social workers promised to call back but never did. Various USCIS representatives did not tell me anything over the phone. USCIS has not responded to my notarized letter, explaining the situation and requesting that all mail regarding my case should be  sent to me directly. The pro bono lawyer says he likewise has not received anything from USCIS regarding my case and asked me to reapply for the work permit by myself (not through him so that I would receive notices directly). I have no idea if that was the right thing to do but had nobody to ask so I followed his advice. USICS has sent me a receipt acknowledging that they received the application and waived d the fees. However, the lawyer has told me that this, in itself does not prove that the VAWA/AOS cases were not closed. It is pretty obvious that the USCIS has not rescheduled the original biometrics appointment for the second time. 

So I still don't know anything. And, it seems, I have no way of finding out until USCIS sends me a biometrics appointment notice, based on the second I-765 application in a few months. Or perhaps a notice informing me that that second application was rejected because the AOS case was closed.

 

I don't have a few months; I am no longer making enough to pay rent. It is extremely disheartening to see that people who applied through Vermont around the same time already have their work permits. Had I applied by myself, I would be working legally right now. But everybody insisted that its best to have a lawyer to "help" with VAWA case and here I am.

I apologize for this ramble but perhaps there is somebody here that could advise me on how to find out my original case status. 

Would involving an elected representative help, if so whom should I call? The local councilman, congressperson, senator?

 

I would be grateful for any ideas. I'm so horribly depressed.

[TBoneTX 45,992]

Congressman's immigration liaison.