reason for denial!!!!!

[rebeccajo 14]

You know what gets a lawyer's attention faster than a big fee?

Looking at a file they messed up.

I'm serious. You have her attention now - she knows the problem is her fault. She knows you can prove it to her malpractice insurance carrier. In short, you have her by the proverbial short hairs.

She didn't give you an exact timeline for success on re-opening because - well - she really can't tell. While lawyers do have access to officers at the service center, they can't speed cases up unnaturally or turn the tide on a file doomed from the get-go.

New cases are taking - how long? Readers in the stream right now can answer that question better than I but from what I read, on a new file you are looking at 6 months before NOA2? If that's the case, and I had been told 3 months to reopen, personally I would reopen.

Edited November 26, 2007 by rebeccajo

[Laura_Z 1]

You know what gets a lawyer's attention faster than a big fee?

Looking at a file they messed up.

I'm serious. You have her attention now - she knows the problem is her fault. She knows you can prove it to her malpractice insurance carrier. In short, you have her by the proverbial short hairs.

She didn't give you an exact timeline for success on re-opening because - well - she really can't tell. While lawyers do have access to officers at the service center, they can't speed cases up unnaturally or turn the tide on a file doomed from the get-go.

New cases are taking - how long? Readers in the stream right now can answer that question better than I but from what I read, on a new file you are looking at 6 months before NOA2? If that's the case, and I had been told 3 months to reopen, personally I would reopen.

you ahve been told the same thing too? well this is what she told us as well, arouund 2-3 motnh. but she says it's an injustice, she has sent the file and i am now fearing maybe they will keep on saying they never got the papes ever. ,...thank you for your opinion, we will do this, i am asking her for the papers , hope she will give them soon. thank you again for very valuable info, and specially for your time to look into this, god bless you, and everyone helping us even with a supportng word!

[rebeccajo 14]

Laura -

I'm not sure what you are thinking I have been told. Might help if you clarify.

If the file is reopened, and all the documents are in place, USCIS isn't going to say they NEVER got the papers. They aren't out to get you. Someone here made a mistake. Maybe your lawyer did - maybe a clerk in the Service Center did. But an accurately prepared file, whether it be an entirely new case or a petition to reopen, will bear the necessary fruit.

[Laura_Z 1]

Laura -

I'm not sure what you are thinking I have been told. Might help if you clarify.

If the file is reopened, and all the documents are in place, USCIS isn't going to say they NEVER got the papers. They aren't out to get you. Someone here made a mistake. Maybe your lawyer did - maybe a clerk in the Service Center did. But an accurately prepared file, whether it be an entirely new case or a petition to reopen, will bear the necessary fruit.

i hope so, you are such great help and support , i can't thank you enough!

[desert_fox 32]

Haw this lawyer ever handled an immigration case before??

Did she send the package by traceable means when she received the RFE??

She didnt submit the divorce papers in the original submission??

This is unbelievable...I would be talking to the state bar, and finding out if she really is a lawyer, and considering disiplinary action if it was she that screwed up.

[Laura_Z 1]

Haw this lawyer ever handled an immigration case before??

Did she send the package by traceable means when she received the RFE??

She didnt submit the divorce papers in the original submission??

This is unbelievable...I would be talking to the state bar, and finding out if she really is a lawyer, and considering disiplinary action if it was she that screwed up.

she said she did all this, she tracked it and she gave me the dates, uscis updates long after they got our rfe... she says she has handled many many cases and never had this outcome. that's that. we will wait, we waited 2 years we will do more.. thank you for your concern though, i don't know wheer to o to find the bar, i would. but i am pretty suer she is working in a legitimate firm, i don't know. i was pretty mad at her but she made me see things differently and now i will trust her again. she will pay for everything and said she will get it fixed. is that wrong?

[AnewKINDofFEELIN 0]

I'm so sorry you're having to go through this. It's a shame that lawyers are given rights and access that we are not, yet are incapable of proving themselves more capable.

I wish you the best of luck in moving forward. Just keep in mind that it wasn't an outright denial, so don't get too down about it.

[Laura_Z 1]

I'm so sorry you're having to go through this. It's a shame that lawyers are given rights and access that we are not, yet are incapable of proving themselves more capable.

I wish you the best of luck in moving forward. Just keep in mind that it wasn't an outright denial, so don't get too down about it.

thank you for your kind words, we hope it will get sorted out and we will be able to tell our grandkids of it!

[~Laura and Nick~ 5]

Just wanted to say I'm sorry.

I have been thinking about you the past few days, wondering if you had heard about your case or not.

I wish you much patience and luck in the next step of your journey sweetheart.

Keep your chin up.

[Guy&Val 0]

It's a shame that lawyers are given rights and access that we are not,

Can someone please explain this? Does this mean that they can call and get to a supervisor anytime they want?

Thanks

[rebeccajo 14]

Here's a cut and paste from the website of Matthew Udall, a recognized immigration attorney, explaining what he does for his K1 clients:

"What I will do for you: I will prepare your K-1 fiancée visa petition and the biographic forms for both you and your fiancée. I will prepare attorney certified copies of your original documents for submission to the USCIS and I'll return the original documents to you. I will prepare the petitioner's affidavit of support for the international fiancée to hand carry to his or her visa interview (There is an additional fee for the affidavit work for a cosponsor, if needed). I will prepare your and your fiancée's personal declarations as to your intent to marry. I will examine your unique facts in order to identify any "red-flag" issues, and discuss with you the best approach in dealing with any red-flag issues spotted. I will make an informal request that cable notification be sent in your case. I will combine my attorney cover letter with the aforementioned USCIS forms, declarations and evidence to create a well documented submission (and avoid beginner mistakes) and will submit it to the appropriate USCIS Service Center. When the receipt notice arrives, I will mail it to you and show you how you can use the USCIS website to check if the USCIS has approved your case. I'll also show you how to use the USCIS reports to determine if an officer is working on your case yet, and how to determine if it becomes "overdue". I will monitor the progress of your petition with the USCIS Service Center and I will contact them if the processing of your case becomes "overdue." I will send to you copies of all correspondence sent to me from the USCIS about your case. I will also contact the USCIS to resolve any mistakes they might make during the processing of your petition. When the approval notice arrives from the Service Center I will immediately fax an attorney certified copy to the U.S. Consulate's immigrant visa section with a letter from me identifying myself as your attorney along with a request that they open a provisional file and dispatch "packet3" to your fiancée (if they are willing to do so). I will also immediately ship to the Consulate an attorney certified copy of the approval notice, a complete attorney certified copy set of the entire fiancée submission, along with another letter identifying myself as your attorney and a request that they open a provisional file and dispatch "packet 3" to your fiancée if they have not already done so (and if they are willing to do so). I will contact the U.S. Consulate about your case if they make any mistakes in their processing. I will also send the original approval notice to you for safe keeping in your home file (your fiancée will need it during the second phase when applying for permanent resident status). Finally, I'll be there to answer your questions about the USCIS and/or Consular processing as they come up along the way. "

Edited November 27, 2007 by rebeccajo

[monagoz 2]

Wonder why they denied instead of sending an RFE asking for the missing paperwork....

Was wondering the same thing....

Because there had already been one RFE and the adjudicator doesn't have to send another one if the first was answered unsatsifactorily.

she says we can choose but she advises to reopen. she says she called them and they just said it got lost. i don't know what to do , she was almost crying when she called me (in romania) and i told her past is past and we want posotive outcome. and that we are holding her responsible. so does anyone know how long it can take?

Wonder why they denied instead of sending an RFE asking for the missing paperwork....

Was wondering the same thing....

Because there had already been one RFE and the adjudicator doesn't have to send another one if the first was answered unsatsifactorily.

I wouldn't be paying that attorney......

ofcourse we are not paying her. she will have to pay 375 dollars to reopen file...

I would suggest that you call and hear the real story here yourself before you decide what next to do. This is your life we are talking about. There has been instances in the past where the lawyers won't admit their errors but try to pass it on to USCIS. Call first, seek the opinion of different attorneys and take it from there. Goodluck.

[Laura_Z 1]

Wonder why they denied instead of sending an RFE asking for the missing paperwork....

Was wondering the same thing....

Because there had already been one RFE and the adjudicator doesn't have to send another one if the first was answered unsatsifactorily.

she says we can choose but she advises to reopen. she says she called them and they just said it got lost. i don't know what to do , she was almost crying when she called me (in romania) and i told her past is past and we want posotive outcome. and that we are holding her responsible. so does anyone know how long it can take?

Wonder why they denied instead of sending an RFE asking for the missing paperwork....

Was wondering the same thing....

Because there had already been one RFE and the adjudicator doesn't have to send another one if the first was answered unsatsifactorily.

I wouldn't be paying that attorney......

ofcourse we are not paying her. she will have to pay 375 dollars to reopen file...

I would suggest that you call and hear the real story here yourself before you decide what next to do. This is your life we are talking about. There has been instances in the past where the lawyers won't admit their errors but try to pass it on to USCIS. Call first, seek the opinion of different attorneys and take it from there. Goodluck.

we are just going to go with her on this.. i certainly don''t trust her very much but she said she i s taking it upon her to do this, and we don't want to pay anymoe for something that was her fault. we will see and i wil keep you guys posted. thank you for your inputs! god bless!

[Beauty for Ashes 257]

she says we can choose but she advises to reopen. she says she called them and they just said it got lost. i don't know what to do , she was almost crying when she called me (in romania) and i told her past is past and we want posotive outcome. and that we are holding her responsible. so does anyone know how long it can take?

Your lawyer was almost crying??!! What kind of lawyer is she?

If I were you, I'd consult a second opinion with a different lawyer, she failed to send the right papers the first time which caused you a RFE, and now they say they did not receive what she assures she did send. How can you be sure that she didn't fail this second time to send the right documents? Do you have a copy of the package she sent in response to the RFE? Your lawyer does not sound like a reliable person!

I'm so sorry you're going through this, the best you can do is check with another lawyer. I would no trust her anymore!

I hope you are able to solve this!

Good luck.

oh god i don't know what to do , she thaught that we were going to scream at her and that is why she was not crying but very emotioned by our reaction, we just told her we are holding her responsible for the outcome and that we have to look forward. i don't know what to do. she sent me a copy of the letter she sent, where it stated she had sent the divorce papers. what to do? she said she will take it upon her to do this right...

Ok something very similar happened with me with attorney error. You need to stick with her and let her make it right. Mine forgot to send in my 170 dollar money order and it completely disappeared ( the money order) and also blew my 129f case. He also got the birthdate wrong on all the petitions ..stick with the attorney.. she can call back lines and reopen it and will probabl fight a little harder for you than usual..

as far as the crying.. lawyers are human and she probably forgot to send them

[eric_and_teresa 10]

Ok something very similar happened with me with attorney error. You need to stick with her and let her make it right. Mine forgot to send in my 170 dollar money order and it completely disappeared ( the money order) and also blew my 129f case. He also got the birthdate wrong on all the petitions ..stick with the attorney.. she can call back lines and reopen it and will probabl fight a little harder for you than usual..

as far as the crying.. lawyers are human and she probably forgot to send them

I'm just appalled of how supoused "expert" immigration lawyers mess up cases in the most stupid ways. I mean you don't need to attend law school to learn how to put together a bunch of documents together! I've seen so many cases around here of couples wasting time over extremely stupid mistakes. Seriously, where do people get these so-called lawyers from?

And yes they are human, but if you are a lawyer you need to toughen up and act professionally no matter what, even if you screwed things up, you handle every situation professionally, and I say this because I'm a lawyer in my country, and crying in front of your clients is an unacceptable behaviour. Personally, I would not trust an attorney who can not conduct herself in a proper way during a stressful situation. But that's just me.

Edited November 27, 2007 by eric_and_teresa