Help please (lawyer issue)

[manda 1]

Hi

Some of you may know about our case, im about to fill in my timeline once I gather all my info. Here is my older post. To some it up, I'm from Ireland visiting Canada so I can be with my wife, she is visiting me in Canada. We hired a bad laywer in December 06 (didn't know he was bad at the time) to apply for CR1 visa for us. He said we can have our interview in Canada, but I have since learned that it has to be in my home country. The lawyer already made mistakes on documents sent to the NVC, during the summer, delaying us about 2 months. We took over the lawyers work in September and got the NVC to transfer our case to Ireland. The lawyer has done nothing since September, we have been the ones calling the NVC and the embassy in Ireland (at 5am in the morning) for weeks to get this all sorted out. All the lawyer was doing was calling Montreal, who never had our case, to try to get them to move it to Ireland. Plus as far as I know you cannot call Montreal.

After alot of international phone calls, very late nights and emails we have finally got the interview scheduled in Ireland for November. I have paid the lawyer loads of money for this CR1 visa application (which they have made a mess of) , also paid him twice to get my Canadian visa extented.

I informed the lawyer that our interview is scheduled and they replied "Oh good, so Montreal got my voicemails and faxes" ??? . Since I informed them of the interview, last week, I have got a new bill from them for $500. This is for stationary stuff, photocopies, certified copies of certificates (birth, marriage etc), and faxes. I have got more communication from the in the past week (asking me to come seem them to settle the bill) than I have for the whole year.

I am outraged and p*ssed off. I will be reporting them to every company and association I can think off so people can stay away from them.

I need help now, I'm gathering all my information together and need proof and documents etc. Where can I find some information (preferably on a US government website) that states 3rd country nationals, such as myself, cannot have their cases pending in another country? In other words, something official that states cases and interviews for US spousal visas can only be processed in the beneficiaries home country.

All help is greatly appreciated. Thank you.

[trailmix 77]

Hi Manda,

I think this document might be helpful.

[trailmix 77]

Where can I find some information (preferably on a US government website) that states 3rd country nationals, such as myself, cannot have their cases pending in another country? In other words, something official that states cases and interviews for US spousal visas can only be processed in the beneficiaries home country.

I guess the thing is it isn't 'strictly' true that you can only interview in the beneficiaries home country. The truth is that you have to be in the other country legally and need to be able to stay there for at least 6 months and have the documentation to back that up.

[tobben15 0]

Where can I find some information (preferably on a US government website) that states 3rd country nationals, such as myself, cannot have their cases pending in another country? In other words, something official that states cases and interviews for US spousal visas can only be processed in the beneficiaries home country.

I guess the thing is it isn't 'strictly' true that you can only interview in the beneficiaries home country. The truth is that you have to be in the other country legally and need to be able to stay there for at least 6 months and have the documentation to back that up.

I agree with the statement above as this is not truly the case. My husband is from Slovakia and he is have his case processed and his interview in Poland because that's where we have been living for over a year now. We are both in the country legally and have documents that prove it. So you can be in another country to process your case if you follow certain conditions.

[manda 1]

Thanks trailmix and tobben. I agree with what you're saying, but this is the same lawyer that asked me to hand him over money so I can get a visitors visa for Canada. He said I am eligible to have my case processed in Canada once I have a visitors visa. He was stunned when I told him that I heard (from people on this board) and Montreal that a visitor does have legal status to have their cases processing in Canada.

[tobben15 0]

When I first applied for a K1 visa for my husband (fiance at the time) I got a lawyer too. Paid over 800 dollars for her to get all the papers and documents completed correctly for me. Then I found out through my own research that she had sent the old/expired forms in and we had to fill out new ones. I pretty much cut my losses there because she messed up and I didn't want anything more to go wrong. Well I ended up abandoning that petition and moved to Europe for 3+years and we are now applying for a IR-1 visa. No lawyer this time.

I would recommend telling the lawyer you are not going to pay because he obviously has no idea what he is doing. That you are the one that has been calling the embassies and doing all the work.

Sometimes I really think these lawyers have NO idea what they are doing and just want the money. They don't care about the customer.

[little white guy 0]

Hi

Some of you may know about our case, im about to fill in my timeline once I gather all my info. Here is my older post. To some it up, I'm from Ireland visiting Canada so I can be with my wife, she is visiting me in Canada. We hired a bad laywer in December 06 (didn't know he was bad at the time) to apply for CR1 visa for us. He said we can have our interview in Canada, but I have since learned that it has to be in my home country. The lawyer already made mistakes on documents sent to the NVC, during the summer, delaying us about 2 months. We took over the lawyers work in September and got the NVC to transfer our case to Ireland. The lawyer has done nothing since September, we have been the ones calling the NVC and the embassy in Ireland (at 5am in the morning) for weeks to get this all sorted out. All the lawyer was doing was calling Montreal, who never had our case, to try to get them to move it to Ireland. Plus as far as I know you cannot call Montreal.

After alot of international phone calls, very late nights and emails we have finally got the interview scheduled in Ireland for November. I have paid the lawyer loads of money for this CR1 visa application (which they have made a mess of) , also paid him twice to get my Canadian visa extented.

I informed the lawyer that our interview is scheduled and they replied "Oh good, so Montreal got my voicemails and faxes" ??? . Since I informed them of the interview, last week, I have got a new bill from them for $500. This is for stationary stuff, photocopies, certified copies of certificates (birth, marriage etc), and faxes. I have got more communication from the in the past week (asking me to come seem them to settle the bill) than I have for the whole year.

I am outraged and p*ssed off. I will be reporting them to every company and association I can think off so people can stay away from them.

I need help now, I'm gathering all my information together and need proof and documents etc. Where can I find some information (preferably on a US government website) that states 3rd country nationals, such as myself, cannot have their cases pending in another country? In other words, something official that states cases and interviews for US spousal visas can only be processed in the beneficiaries home country.

All help is greatly appreciated. Thank you.

Is this lawyer in Canada?

There should be a .org or something

like that (it) should have to answer to.

[trailmix 77]

Thanks trailmix and tobben. I agree with what you're saying, but this is the same lawyer that asked me to hand him over money so I can get a visitors visa for Canada. He said I am eligible to have my case processed in Canada once I have a visitors visa. He was stunned when I told him that I heard (from people on this board) and Montreal that a visitor does have legal status to have their cases processing in Canada.

Hi Manda,

Yes, I remember your original posting and I would be proceeding the same as you are, writing to the law society etc, as you mentioned you are going to do. I also wouldn't be paying them anymore money (which I am also sure you aren't going to).

I know that you wrote to Montreal and asked them if you could interview there and you were told no, however if you had a visa that would allow you to be in Canada at least 6 months, it doesn't seem to fit what they say on the 'official' document above.

I guess the question is, when you received the extension on your visitor's visa, how long was it valid for? If for 6 months or less, then the form above supports your complaint.

Edited October 25, 2007 by trailmix

[manda 1]

Yea, I'm a bit confused..

When I flew into Canada in November 06, I got a stamp in my passport, that I could stay for 6 months...had no sort of visa at that time, just my passport. Before the 6 months was up, I applied for a visa extension through my lawyer. I asked for a 6 month, he only applied for a 3 month for some reason. So I had to apply again in August as the extension was up at the end of august. I left it a bit late in applying for the second one I think, it hasnt been processed yet.

According to the document above, it would seem to suggest a visitor, once her over 6 months legally, is allowed go through montreal. Other people have told me that a "stronger visa" is required such as a work permit or study permit etc..

[chakaas 0]

this is just my opinion but i dont think the visitor's visa will not be good enough to interview in canada.

i know you have already emailed the montreal embassy but this is what i would do: email the montreal embassy again stating that you have a visitor's visa, you were allowed to extend it beyond the 6 month period typically allowed and therefore according to the document above (reference the document name) should be allowed to have an interview in montreal. ask them if this is correct. hopefully they will be more clearly this time.

i dont know how you phrased your previous email to the embassy but make sure they understand that you have legally been in canada beyond the 6 month period required.

good luck...this is a tough situation...hope you don't have to pay that lawyer...you may want to consider listing the errors the lawyer made and that could give you some more bargaining power so that you dont have to pay him for the crappy job he did.