Normally, the government does not care whose fault it is. However, it would be a good idea for the attorney to review the case. There are a few exceptions. However, he would have waited a year to explore it.
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Talking to an immigration attorney is not a bad idea for understanding the situation and also for looking for a solution.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: email@example.com; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
It is great that he's talking to an attorney.
We can't tell you anything other than to RELAX and get a good nights sleep.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.