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Can we change lawyer..?trying to looke for a good lawyer to help us with the i601a waiver to get approved

Mcallen, TX |

Well my question is can I change lawyer. .itz kuz I filed for my wife but she was brought to the us when she was 8yrs old and I know that shes gona have to go back to her country and I dont want that bekuz she I love her with all my heart and bekuz we also have a 2yr old lil boy and she doesn't want to be away from us and every night since I filed for her she cries and prays to god ti help her wit what shes goin thru kuz she even says she scared to go to juarez kuz she heard that is dangerous over there and she doesnt even know how it is ..she even alsi say that why did I filed for her that she would of prefered to sty like this ..and im really worried kuz what if something happens to her ..

Attorney Answers 3

Posted

You can always change lawyers but try to work out your issues with your existing lawyer first. Just because perhaps your lawyer is not saying what you would like to hear makes him/her a bad lawyer. But if he/she's incompetent then of course you should change lawyers. You can always change lawyers, its not the mob, you can leave at any time but of course depending on your agreement with the lawyer this may entail some financial responsibilities on both your part. Perhaps its just miscommunication or understanding and you should articulate your concerns first. Your lawyer cannot change the rules, regulations or laws. Unless Congress changes the law this year and the president signs the new Bill into law if there is one, she will have to go back to CJ to apply for her immigrant visa and although I sympatize with her situation its not the end of the World. She entered the country illegally, albeit at age 8, when she was just a little girl, beyond her control, nevertheless, she must now face the consequences. Having said that, many of my clients have gone to CJ, successfully obtained their waiver and immigrant visas and safely returned to the US and their families. Second, coming this March 4, 2013, USCIS is implementing a new procedure, called a provisional waiver, which is changing the procedure substantially for someone like your wife. First, she can now, pre-apply for her waiver on a provisional status from inside the US, prior to any departure, and if given a conditional approval, only for her unlawful presence since turning 18 (any illegal time prior to 18 is not counted), so, prior to her trip to CJ, she will already know whether her case is provisionally approved, easing any anxiety on her and you and the rest of the family, that most probably she will be able to return to the US after spending 1-2 weeks perhaps in CJ versus up to 6 months now, since she is already armed with a provisional waiver letter in hand from USCIS prior to travelling to CJ. If she has no criminal record, having her 2 year old US citizen son and husband, and having only entered once while she was 8 years old as a minor, then she should be in good shape if a compelling waiver package is prepared for her, by competent counsel, showing extreme hardship to you and your son, the qualifing family relatives and she should be in good shape and able to promptly return to the US. Good luck.

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Posted

Well thank u very much fir your answer..and ill go talk to my laywer and see what we can do for her ..

Posted

Yes you can change your lawyer - afterall, you are the client. You may wish to get a second opinion first before firing your lawyer. Your wife is eligible for DACA, if she graduated high school or is in school now. She is also eligible for cancellation of removal which is a way to get a green card without going to Mexico. The cancellation of removal process however, is available only if she has been placed into removal proceedings. Lastly, immigration reform may be here finally. She could wait to see what happens with that.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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Well she did graduated from high school and shes being wanting to do that instead but since we already started this one we dont want to spend to much money on other things and well I know its something helpful for her but I think we should wait hopefully everything comes out good..is that DACA the same thing as Dream Act? And can u plz giveme more info on that last thing you said..what is cancellation of removal and removal proceedings? What are the rrequirements?

Asker

Posted

Well she did graduated from high school and shes being wanting to do that instead but since we already started this one we dont want to spend to much money on other things and well I know its something helpful for her but I think we should wait hopefully everything comes out good..is that DACA the same thing as Dream Act? And can u plz giveme more info on that last thing you said..what is cancellation of removal and removal proceedings? What are the rrequirements?

Theodore John Murphy

Theodore John Murphy

Posted

DACA is the same as the Dream Act. Removal proceedings are deportation proceedings -they changed the name in 1997. If immigration puts your wife into deportation (also called removal) proceedings with an immigration judge she may be able to ask the judge to cancel the proceedings and give her a green card. This process is called cancellation of removal. It is only available to people that have to see an immigration judge and meet other requirements that I won't provide here.

Posted

If your wife qualifies for deferred action apply. Work together to gather evidence that will satisfy the requirement that you establish extreme hardship to yourself if you are a USC. I agree with Mr. Calehr talk to your current lawyer about deferred action and ask the lawyer for suggestion on what type of evidence will help you establish extreme hardship. I agree if you are not satisfied on how your case is handled then seek a second opinion before firing your current attorney. My family is from Brownsville, Texas and so I know several reputable highly qualified lawyers in your area I believe Jodi Goodwin has offices in the rio grande valley. In the meantime if you would like free information on the deferred action or I-601a process then feel free to email me and provide your contact information. Good luck!

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