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My immigration lawyer did not perform and took the full retainer. Would like to request a refund. Please Advise.

Santa Clara, CA |

My immigration attorney did not mail my I-130 for several weeks, and also, when he did finally get around to mailing it, he forgot to include the check I had given him for the USCIS. The package was returned to my doorstop by the USCIS with a rejected notice (due to lack of payment). Once I actually examined the I-130, I realized that there were several errors on my I-130 document as well (such as incorrect name and place of birth). I am extremely agitated, and would like to seek a refund. The attorney charged me for the I-130 only right now, and later was going to charge for other adjustment paperwork. Do you think I would be entitled to a refund on the I-130 seeing how it was delayed for 6 weeks and now it has been returned to me for his errors?

Attorney Answers 4


  1. I am sorry about your situation. Unfortunately I cannot give you an answer. While it sounds like you attorney made a lot of mistakes, your will nevertheless have to review the retainer agreement to see if there is anything you could do. You may formally demand the payment from the attorney via a demand letter.
    What you should worry about now is getting a competent attorney to handle your case.

    Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.


  2. You should first make sure that an accurate I-130 is submitted. Then you should contact the attorney and speak to him about a refund of at least some of your money. If he is not agreeable you can contact the State Bar Association with your complaint.


  3. Maybe. Hard to say in a setting like this. Request the refund and see what happens.


  4. You can ask for assistance from CA bar association (http://www.calbar.ca.gov/Attorneys/MemberServices/FeeArbitration.aspx)

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

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