Can I sue an immigration attorney for filing the wrong paper work for my immigration case and get my money back?

You have to be very careful and you need the help of an expert immigration attorney. These cases are generally two step processes. First you need to get a visa and then you need to apply for permanent resident status.

Because you are married to a US citizen you do not have to wait for a visa. One is immediately available to you, but your husband must petition for you. If you entered the US legally OR if prior to April 30, 2001 you had a labor certification or immigrant visa filed for you or for your parents whie you were considered a Child in immigration law, then you can adjust your status in the US. BUT IF you do not meet those conditions you would have to apply at the US consualte in your home country. If you leave the country you will most likely have a ten year bar or even a permanent bar. If you have a ten year bar a waiver might be available to you, but if you have a permanent bar you may not be able to get a waiver.

It is very important that you not try these without an experienced and qualified attorney. My firm offers a free consultation. You can call me if you are interested in learning more.

Finally, you may be able to request your money back from your previous attorney. You should consider consulting your local bar assocation for further information about your rights.

Good luck,

You filed BEFORE you filed as a beneficiary of your mother, LPR, second preference LPR child--you would have to be unmarried as an LPR child to have a visa petition approved for you from an LPR parent. So, there could be two reasons, or the one, your marital status-- even if you were filed for during the LIFE ACT of 2001, when people entered and were allowed to file on certain petitions. Suppose you were unmarried then-- when filed-- and it was during the LIFE ACT-- then, it could be that the attorney did not file the wrong paper work... it depends so much on a number of facts. Your age, Your marital status, the year each and every petition on your behalf was filed, did you enter the United States legally? Have you ever been deported? Any criminal record? What happened with the husband USC filing and the date? That is critical information. Typically, if you are requested to go outside of the United States AND you are an immediate relative SPOUSE of a United States citizen... you need to know if you entered the country originally without authorization EWI, and at what age, and time is tolled while a minor. If you leave the country-- you could be facing a 10 year bar IRAIRA and/or other bars or inadmissibility grounds depending on all of the facts. You would need a waiver showing extreme hardship to the United States Citizen spouse. Do you have USC children from the marriage? This is relevant. Medical conditions? You should write a time line and include dates, ages, marriages, births, and filing dates for immigration visas, entry dates, and dates leaving or removed/deported from the United States, and then, you should take advantage of experienced immigration attorneys who offer to you a consultation on your case-- that's why your question is not a simple or straight answer when you ask wrong paper get money back... of course if it turned out such a statement was true, the first step would be to confirm that, and to simply write to that attorney, with the reasons, and request the funds back, or you could file a bar complaint after that, and or take them to small claims court-- with every action-- you want to confirm that you have a valid claim, and start with the other party, and then escalate rather than assume wrongdoing and an action.
I hope this information will be helpful to you to obtain a better idea of what has happened and how to proceed.

Whether you should sue your prior attorney is dependent upon the specific facts. Is this person indeed an attorney? Do you have a written agreement with him or her that outlines their obligation to you? During the consultation with the attorney did you thoroughly discuss your eligibility for the immigration benefits?

From your question, it is not clear whether you entered the US legally (with papers) or not. You mentioned your USC husband filed something for you before and that you were advised to consular process. What exactly did he file for you?

For someone who entered the US without inspection (EWI), unless a Family Relative Petition or Employment Petition was filed on your behalf on or before April 30, 2001, there is no way to adjust status in the US (obtain a green card without leaving the US). These people must consular process and obtain an immigrant visa at a US consulate in their home country. For someone who a relative or employer filed a qualifying petition on their behalf on or before this date, they are considered 245(i) eligible and can apply for their green card from within the US through a process called Adjustment of Status.

Depending upon your current immigration status, whether you entered the US with a legitimate visa, or if you are 245i eligible and a visa is immediately available to you would determine whether you have a case to reopen.