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Is there a "plan B" with the USCIS for a visa is refused ?

Los Angeles, CA |

an immigration lawyer has botched my file and USCIS refused the visa shall. This lawyer has written me have a plan B !?
I found this abnormal so I wrote to the USCIS to request information, USCIS confirms to me that there no plan B and asks me the contact details of this lawyer, it seems that the deal goes go further.
What do you think?

Hi Carl, M.Mayorkas of the USCIS wrote me: subsequent developments cannot retroactively establish eligibility as of the filing date. A petitioner may not make material changes to a petition in an effort to make a deficient petition conform to USCIS requirements.The evidence submitted in support of the motion will not be considered as because it constitutes a material change to the petitioner's corporate structure that occurred after the petition was filed on April 24, 2012. will not be considered, the decision to deny the petition will remain unchanged. Addendum II and proxy not conform... His answer leaves no doubt no "plan B" with the USCIS. Other lawyer are telling me that it is a professional misconduct of a the lawyer than proposing a "plan B" to the client just for continue to get paid, my case was botched the lawyer had no skills required for my case.

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Attorney answers 3

Posted

How do you know that It was the lawyer who "botched" your case, and not USCIS CSC? I would be careful in making such sweeping conclusions. A Plan B" can come to mean many different options that the attorney may have wanted to propose when realizing that CSC was wrong and unreasonable. Many US Immigration attorneys offer clients several options in complex cases when receive unreasonable CSC denials, especially in work visas. Your lawyer acted responsibly.

Warning: Unless you have a signed engagement letter with me, you should not consider information contained herein as legal advice and you should check with your own counsel before relying on this message. I cannot provide reliable legal information without a full consultation. The information contained herein is thus not intended to create an attorney client relationship.

Posted

Need more information in order to respond to your question. Please repost.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Asker

Posted

Hi Carl, Hi Carl, M.Mayorkas of the USCIS wrote me: subsequent developments cannot retroactively establish eligibility as of the filing date. A petitioner may not make material changes to a petition in an effort to make a deficient petition conform to USCIS requirements.The evidence submitted in support of the motion will not be considered as because it constitutes a material change to the petitioner's corporate structure that occurred after the petition was filed on April 24, 2012. will not be considered, the decision to deny the petition will remain unchanged. Addendum II and proxy not conform... His answer leaves no doubt no "plan B" with the USCIS. Other lawyer are telling me that it is a professional misconduct of a the lawyer than proposing a "plan B" to the client just for continue to get paid, my case was botched the lawyer had no skills required for my case.

Posted

You would have to ask the lawyer what plan b is.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Asker

Posted

This is the lawyer who proposed me a "plan B" ... you find it correct!

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