Why does it take the immigration lawyer long time to file someone forms and required documents to USCIS ? is this normal ?

Asked about 1 year ago - Chicago, IL

I went to an immigration lawyer around mid November with my USC wife, and I gave him all the documents he asked for ( birth certificates, passports, my visa, her work stuff and so on ), and my wife makes enough money to be my sponsor .. and we both agreed on payments plan, i paid him some money up front , now its been almost three months, and he hasn't filled anything yet, i called a few times, and his secretary was rude to me and said he is busy and he will call back, he did once and said I am still working on them !
I am still out of status and have no work permit and no job, can't wait to fix my status, and get that work permit , I am realy too shy and polite to say anything to him, so please is this normal ? does it really take that long to file them ? what should I do ?

Additional information

payment plan: he asked for a few thousand dollars ( fixed fee ), but we agreed to pay him one thousand dollars up front and $1500 for the forms, and he told us that upon receiving a receipt form USCIS thne we should pay him another one thousand , but he hasn't filed them yet.. and yes i provided all he asked for

Attorney answers (4)

  1. Stephen D. Berman

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . If you have actually provided everything he requested back in November and he has not filed, it is not at all normal, and you should request your papers back.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  2. Mark Robert Barr

    Contributor Level 16

    7

    Lawyers agree

    Answered . What was the payment plan you agreed to? Perhaps filing was contingent upon having paid in full? If that's not the case, and he's just a bad lawyer, get a good one.

  3. Irene Vaisman

    Contributor Level 20

    6

    Lawyers agree

    Answered . Mr. Barr is correct, review your retainer agreement. Schedule an appointment and go and see him, talk to him.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  4. Ibraheim Nidal Shalabi

    Contributor Level 9

    3

    Lawyers agree

    Answered . The amount of time does not seem normal at all. Once a client submits all required paperwork to me, it usually takes a week or so to prepare the paperwork and get it filed. If he isn't missing anything, and hasn't asked you to produce any other paperwork then the delay isn't right. I would request the paperwork to be returned to you, along with the money you paid him, and go see another immigration attorney.

    My office handles this type of work, feel free to contact us. 708-400-8000.

    Good luck.

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