Can An Immigration Lawyer Be Held Accountable For Misfiling?
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Scenario:Hungary woman (w/ young daughter) & American wed in 2000.
Present day 2007-Mom & American still married by law, Hubby incarcerated for one year. They could not make the interview regarding the “alien relative petition” due to his jail time. The appointed lawyer (since inception & paid in full) advised of Hubby’s inability to appear, however provided no proof, nor gave a time when said interview could be rescheduled. (& another form failed to be submitted on behalf of daughter.) Due to the negligence of the attorney- Mom & daughter 100% established (owns 2 homes, 2 cars) are being denied permanent residence and/or adjustment status and are being asked to leave the US within 30 days (no option to appeal / court see’s it as abondonment in filings) .
What recourse is there against the lawyer for failing to do a job he was paid for? More importantly, can another attorney step in and step UP ASAP? Does immigration care that the attorney goofed? Can Mom/daughter get a “stay”?
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I would hire an attorney who could file an appeal. If the Immigration Court will not hear the appeal (this seems like suspect info), then you appeal to the District Court, violation of Due Process.
Although this may not ultimately work, it may stop the clock, and allow the woman and her daughter to stay in the country long enough to refile the application and obtain a new appointment date, with the US citizen out of jail.
Otherwise, the wife should look into other visa options, such as employment-based visas.
Good luck!
You can hire a new attorney to do one of two things:
1. file for an appeal of the decision.
2. sue the first attorney for malpractice.
hire a new lawyer, re-appeal and explain about the misfiling done by the previous lawyer to the judge.
Good luck
A lawyer failing to perform his/her duty is an actionable offense. You CAN take action against that lawyer, and you should. You need to hire another Lawyer to do this, and I know this sucks, it will take money.
I cannot say if this will help your case, but I can imagine that not doing so will hurt your case.