Request for Advice on green card application

[Irissss 3]

I am looking for some guidance regarding my green card application process.

 

Since July of last year, my husband and I have been working on my green card application with a lawyer recommended by my husband's father. Unfortunately, the process has been very slow, and I was unable to manage it myself due to my pregnancy. My husband has been contact with the lawyer. until after the birth of my baby that I discovered the application just have been submitted in April 30. I was really upset but with the new baby I couldn’t care, and we continued to wait for my Employment Authorization Document (EAD). I had requested the lawyer to expedite the process, but he delayed for months, so I took matters into my own hands, contacted USCIS daily, and finally received approval. However, the card was sent to my lawyer, who has not yet received it, usps it’s showing already delivered.

 

I went to the lawyer's office and find out it was an apartment building. The lawyer has caretaker, he can’t not get up bed needs caretaker, and his wife acting as his assistant, claimed it was USCIS's fault for the delivery issue. 

 

We reviewing the G-28 form, I see that all boxes were checked correctly, indicating that it was not USCIS's fault.

 

Additionally, last year there was another delivery issue with my medical exam documents after 3/4 months we have delivered to them they said they didn’t receive it. which almost expired before the lawyer finally find them.

 

I am feeling extremely frustrated and upset about the situation. Today, I called uscis a replacement card would cost another $410 and take an additional three months. We have already paid the lawyer $3,000.

 

I would greatly appreciate any advice you can offer on how to proceed from here.

 

Thank you for your help!

[OldUser 6,639]

The biggest question is, where does the approval notice and GC would go according to G-28?

 

If to lawyer, you must tell him to amend the G-28 to send docs to your address (if it's more reliable).

 

G-28 doesn't have associated fees.

[Dashinka 24,492]

I agree, time to jettison this lawyer, and make sure all communications come directly to you.

 

Good Luck!

[Irissss 3]

What should I do with him? But now the ead card was lost. Should I continue waiting for them to give me answers?  At this point do I need another lawyer to file another replacement? Can I get some refound from the lawyer? He can’t even take care of himself how he can practice law?  

[SalishSea 17,824]

4 minutes ago, Irissss said:

What should I do with him? But now the ead card was lost. Should I continue waiting for them to give me answers?  At this point do I need another lawyer to file another replacement? Can I get some refound from the lawyer? He can’t even take care of himself how he can practice law?  

Lawyers are not required for this process.   Most of us here have never used them.  

Whether he will give you a refund is between you and the lawyer, as is your choice to use that particular one with apparent mobility issues.  

 

None of that is anything anyone here can help you with-  it’s all your choices.

[Marieke H 2,496]

Fire that lawyer. Request a refund. You can look up your lawyer on the Virginia State Bar page (https://www.vsb.org/Site/Shared_Content/Directory/va-lawyer-directory.aspx?hkey=fb40483e-6f0d-43a8-899b-2133585a3a1e) to see if he is even allowed to practice law in your state. If you believe that there is misconduct, or the lawyer is not licensed in your state, or he misrepresented himself as an immigration consultant, you can file a complaint with the State Bar: https://www.vsb.org/Site/Site/legal-help/complaints-claims.aspx?hkey=3e73485f-8fc2-4b96-91be-db0be05e7bd9.

 

If you have evidence that your green card or EAD were delivered at your lawyer's address but he is not giving it to you, he should be responsible for requesting and paying for a replacement. Or he should refund a large chunk of the money you paid him, so you can request a replacement yourself.

[Dashinka 24,492]

15 minutes ago, Irissss said:

What should I do with him? But now the ead card was lost. Should I continue waiting for them to give me answers?  At this point do I need another lawyer to file another replacement? Can I get some refound from the lawyer? He can’t even take care of himself how he can practice law?  

It doesn't sound like you need another lawyer as even with a lawyer, one should become an expert of the process.  As to a refund, that is hard to say.  If you can show clear malpractice, you could sure for a refund, but that may be more costly than what it is worth.  As to the EAD, if you have a job offer already, I would pursue getting a replacement card (I assume a new I765 filing), if not, I would probably save my money and wait for the GC.

 

Good Luck!

[Irissss 3]

On 10/16/2024 at 3:11 PM, Dashinka said:

It doesn't sound like you need another lawyer as even with a lawyer, one should become an expert of the process.  As to a refund, that is hard to say.  If you can show clear malpractice, you could sure for a refund, but that may be more costly than what it is worth.  As to the EAD, if you have a job offer already, I would pursue getting a replacement card (I assume a new I765 filing), if not, I would probably save my money and wait for the GC.

 

Good Luck!

Thank you for your answer and advice dashinka! I appreciate your help. I’ll will just do it myself now on. Thank you 

 

[Irissss 3]

On 10/16/2024 at 3:10 PM, Marieke H said:

Fire that lawyer. Request a refund. You can look up your lawyer on the Virginia State Bar page (https://www.vsb.org/Site/Shared_Content/Directory/va-lawyer-directory.aspx?hkey=fb40483e-6f0d-43a8-899b-2133585a3a1e) to see if he is even allowed to practice law in your state. If you believe that there is misconduct, or the lawyer is not licensed in your state, or he misrepresented himself as an immigration consultant, you can file a complaint with the State Bar: https://www.vsb.org/Site/Site/legal-help/complaints-claims.aspx?hkey=3e73485f-8fc2-4b96-91be-db0be05e7bd9.

 

If you have evidence that your green card or EAD were delivered at your lawyer's address but he is not giving it to you, he should be responsible for requesting and paying for a replacement. Or he should refund a large chunk of the money you paid him, so you can request a replacement yourself.

Marieke, thank you for your help! I’ll definitely take a look of this bar list! 
And we are trying to get refund now.

I appreciate your help 

[Lil bear 4,199]

Moved to Adjustment of Status process and progress forum as OP is doing AOS not DCF