An immigration attorney collected $1500 to file an appeal. They then failed to file that appeal within the timeline required

Asked almost 2 years ago - Ramona, CA

Also failed to get a signature and other details making the appeal rejected. What legal action or approach do you suggest? The "original" application was filed 4/20/01 and the appeal was filed 3/11/09. I now have no confidence that the original application was handled in a professional manner, which may have cause the original rejection, as all other criteria was met.

Attorney answers (4)

  1. Isileli Tupou Manaia Mataele

    Contributor Level 19


    Lawyers agree

    Answered . There may be some options available to fix this if the attorney is as fault but you will need to contact an immigration attorney to determine if you qualify.

    This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation.... more
  2. Rebecca Cook Black

    Contributor Level 15


    Lawyers agree

    Answered . You would have to take a copy of your file to an immigration attorney to have him/her review it to see if any action is possible.

    This is a general answer only and does not imply that I am your attorney giving advice with full knowledge of all... more
  3. Luis Alberto Guerra


    Contributor Level 20


    Lawyers agree

    Answered . Sounds like you have an ineffective assistance of counsel case. I encourage you to meet with an experienced immigration attorney to see if the errors can be fixed.

    Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be... more
  4. Haroen Calehr


    Contributor Level 17


    Lawyers agree

    Answered . If as you claim your existing attorney really did drop the ball, you "may" claim ineffective assistance of counsel as a defense vis a vis the government (USCIS or AAO or BIA) depening where your case is at BUT the government has become quite deaf and immune with these claims since clients always blame their attorney if things go wrong, even though ultimately they are resposible for their own case. So, the malfeasance/malpractice really has to be egretious and compeiing for it to rise to such a level that the government will heed it and grant you relief such as allowing you late file or have another attorney "fix" the problem. If your chances of success for the underlying case were so tenous then you probably have a much more uphill battle. Converesely, if you had a compelling case and BUT FOR the fact that your attorney failed to timely protect your interests than your chances of success are highly improved. The government has the option of rewinding your tape so to speak by granting your application "nunc pro tunc" i.e. as if you had not late filed or simply accept the late filing. Read this article to give you a better idea of the requirements.

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