QUESTION

What steps do I need to take if attorney has not done anything since we got an approval letter?

Asked on Jan 29th, 2013 on Immigration - Nevada
More details to this question:
I hired an immigration attorney almost 3 years ago to get my husband’s visa and all the attorney has done is filed I-130 application. I paid this attorney $5500 flat rate.
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6 ANSWERS

Adebola O. Asekun
Disagreements often arise between clients and attorneys usually over fees. But conflicts also arise when the retainer agreement is unclear on exactly what the attorney was hired to do. In this case, is a retainer agreement. You should carefully read it again carefully and be certain that the attorney agreed to do more than file a petition which, you said has been approved. If I-130 is all that was agreed to, then, his job is done. You may have discussed many things, but he is obligated to do only what you both agreed in writing. While $5500.00 may appear over the top for an I-130, if this was a complex case, it may not. In any event, take another look at your retainer agreement. Next, the fact that the I-130 is approved does not mean the priority date is current, and until then, there is nothing the attorney can do until visa becomes available. But, he should explain things to you when, how and what the step is (assuming he has not already done so 5 times already in which case, he may feel think your flat fee agreement means you can call him as many times as you want). It does not. I am not familiar with the facts of your case but, if you are unsatisfied, you should speak to other attorneys first with all your papers so you can get a second opinion about your case. If your attorney is not competent, you may fire him or sue him or even file a complaint, but in the end, you are the person who will be injured if your case is lost. That said, I am also aware some clients can be extremely difficult to deal with. I remember a case I did some while back. A client on whose behalf my office filed an approved green card on conditional basis called two years later, insisting that I must file the I-751, and arguing she did not have to pay us for the I-751 since she already paid for her initial green card. The fact that she had to pay a new fee to CIS for the I-751 was not enough to convince her.
Answered on Feb 04th, 2013 at 6:56 PM

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Robert E. West
You probably need to change attorneys. If you are here in Las Vegas, please send me the details to see if I can help you.
Answered on Feb 01st, 2013 at 6:55 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Without additional information, I cannot tell you what needs to be done or why it has not been done. If you are unhappy with your present attorney, you should contact another experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options. If you do change attorneys, you should ask for at least a partial refund for the work not completed. If (s)he refuses your only recourse is to either file a court action for the return of your money and/or file a complaint against the attorney with the state bar association.
Answered on Feb 01st, 2013 at 6:55 AM

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U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
1 Award
If you are a US citizen, you should be processing the case through the Embassy by now or filing an Adjustment of Status in the US. If you hold a green card, you may be in a waiting period and need the visa to be current. Have you checked the visa bulletin?
Answered on Feb 01st, 2013 at 12:55 AM

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What is the attorney telling you? You have a right to demand your file from the attorney.
Answered on Jan 31st, 2013 at 1:16 PM

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Immigration Attorney serving Las Vegas, NV at Law Office of Arsen V. Baziyants
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More information is required to answer your question. For one, are you a United States citizen or permanent resident? If resident, this would explain the delay in your case. If not, I need to know more. Also, did you speak to your lawyer about your concerns? Of course, you are entitled to a second opinion.
Answered on Jan 31st, 2013 at 1:15 PM

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