There may be some options available to fix this if the attorney is as fault but you will need to contact an immigration attorney to determine if you qualify.
This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456 www.mataelelaw.com
You would have to take a copy of your file to an immigration attorney to have him/her review it to see if any action is possible.
This is a general answer only and does not imply that I am your attorney giving advice with full knowledge of all the particulars of your case or that there is any attorney client relationship. I strongly urge you to retain experienced legal counsel who can better advise you once they have reviewed all your documentation and are fully apprised of the details of your case. Rebecca Black Immigration 5800 Beach Blvd. Ste 203-176 Jacksonville, FL 32207 904-999-4928 Tel & Fax
Sounds like you have an ineffective assistance of counsel case. I encourage you to meet with an experienced immigration attorney to see if the errors can be fixed.
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.
If as you claim your existing attorney really did drop the ball, you "may" claim ineffective assistance of counsel as a defense vis a vis the government (USCIS or AAO or BIA) depening where your case is at BUT the government has become quite deaf and immune with these claims since clients always blame their attorney if things go wrong, even though ultimately they are resposible for their own case. So, the malfeasance/malpractice really has to be egretious and compeiing for it to rise to such a level that the government will heed it and grant you relief such as allowing you late file or have another attorney "fix" the problem. If your chances of success for the underlying case were so tenous then you probably have a much more uphill battle. Converesely, if you had a compelling case and BUT FOR the fact that your attorney failed to timely protect your interests than your chances of success are highly improved. The government has the option of rewinding your tape so to speak by granting your application "nunc pro tunc" i.e. as if you had not late filed or simply accept the late filing. Read this article to give you a better idea of the requirements. http://www.asistahelp.org/documents/resources/Arguing_Ineffecctive_Assistance_of__6F1DEECB743D7.pdf