I have been petitioning for my wife via I-130 application. I was told by an outside an attorney that contacting my local congressman could help. I inquired further with my Attorney, she told me it would not help. Recently I contacted our congressman and they offered to help. Now upon speaking with our attorney, she asked us why we did not do this sooner.
It has been 30 past our expected response date (our attorney, was SUPPOSED to contact the USCIS on our behalf). I contacted the USCIS on my own accord. I called my attorney only to find out they had not reached out and that they thought that me contacting the congressman on our behalf was enough.
I feel that my attorney has been not been professional and detrimental to our case. Is there any legal action I could take against my attorney?
There are too many possible explanations for the conflicting accounts and inconsistencies. Perhaps it is an indication of inattentiveness to your case, but it could also be an indication of changed circumstances. Sometimes congressmen can help and sometimes they can't. Sometimes delays are explainable and sometimes they are not.
The first thing you should do is speak with your attorney and give him/her a chance to explain what has happened. If you are not satisfied with the explanation you should consider whether any complaints or actions will negatively affect your case. Legal action will depend on whether your case was affected by your attorneys mistakes or not and to what extent. You can always file a complaint with the bar association if you feel it's necessary.
My first question is whether you are a US citizen or permanent resident. If you are a resident, how quickly your petition is adjudicated makes little difference because of the long waiting line for visas in this category. If you are a citizen, the question would then be why the expedited treatment is needed or requested. The USCIS can, anfd often does expedite processing of petitions if a legitimate good reason is given. Merely contacting a member of Congress and asking for his/her assistance will not get a petition expedited treatment. I would also add that you, not your attorney, must request the congressional assistance, since you are the constituent, not your lawyer.
Lastly, if you are basing your belief as to the USCIS' response time on the website, you are also misplacing your trust. The processing times on the USCIS website are not to be taken as "written in stone"; they can vary widely from those dates for many reasons.
Before considering taking any action against your attorney, I would suggest you make an appointment to discuss the matter calmly and professionally.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.
I would speak to your attorney to see what the deal is with her. There are many reasons for a delay that cannot be attributed to your attorney but rather to USCIS. Sometimes, a file may sit on a supervisor's desk and get piled under several other files. Again, you need to communicate with your attorney and tell her your concerns. I am sure you will have the answers that you are seekings.
Mr. Lorenzon's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an immigration attorney. Mr. Lorenzon can be reached at 216 573 7322 or at firstname.lastname@example.org. All initial constulations are free.
I do understand the conflicting information. This is because some Congresspeople do help and some do not. I sued to work for Senator Bradley and we always worked hard for our constituents to assist them with the immigration process by calling the "congressional liaison" staff and by directly communicating with folks in the administrative process who can help our clients. On the other hand, I had friends in other congressional offices who "paid lip service" to the process of assisting the constituents about immigration issues and then they did not actually do anything. Personally I do not think that there is anything that can be done with regard to your attorney in this regard because he/she may not be familiar with the way the Congressperson in question handles their constituents with regard to immigration issues.
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