QUESTION
Do I have the right to reclaim that fee?
Asked on Sep 06th, 2013 on Immigration - California
More details to this question:
I hired a lawyer for my visa application to work in the US. I paid for the lawyer fees while the company I worked for would pay for the visa application fee ($2400). The lawyer cashed the companies check order that the INS was suppose to cash a new check from him. In April 2013 the lawyer filed my visa application to the INS but the application returned together with the $2400 application fee (annual visa cap was reached). The lawyer kept the fee in order to apply for the visa next year on my behalf. Now the company I worked for is bankrupt. Can I claim this fee now, although my lawyer received that money from that employer? Thanks
2 ANSWERS
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
As the company sent a check to the lawyer, the $2400 appears to be the property of the bankrupt company and not you. There does not appear to be from your fact situation any contractual arrangement between you, the company, and the lawyer that would give you any rights to the company's money.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Sep 11th, 2013 at 8:54 PM
2 Awards
If you paid the lawyer, the you should ask the lawyer to return the fee to you (or at least any part of it that was unearned). If the company paid the lawyer, they you wouldn't be entitled to the a refund of what the employer paid on your behalf.
Answered on Sep 07th, 2013 at 12:51 AM