My family applied for asylum because of the war in my country. Someone I know introduced me to this attorney when we just came to America. He seemed nice and very enthusiastic at first so we didn't worry much. However, it took him 3 months and a half to prepare the application and another 2 weeks to submit it. He procrastinated on updating and letting us know about our case. We had to call him literally 53 calls and waited a week for him to respond about if he already submitted the application. Then our application was returned a few weeks later because he didn't do it completely. We had to resubmitted the application and it finally went through. After 150 days, we applied to get working permit but he sent out with missing information so we waited and waited for 100 days and still no sign of working permit. We called and called and texted but he did not call back until a few days later. We are completely broke but a very experienced lawyer who is a retired judge agreed to help us for free. I really want to work with this new lawyer but I know I can't mess with the law. We haven't decided and still haven't let our current lawyer know because we are afraid.
Unless the retired judge is a retired immigraiton judge, his experience might not be relevant to your asylum case at all and probably is not. It is a very technical area of law. As to whether you should accept the free assistance, well.. it is your personal call. there is an old English adage - when money talks, well..., everything else walks. I know this - three months preparing the application, depending on the application might not be unreasonable. When the application is returned for being incomplete, you still retain the filing date so no harm done. EAD are notoriously take long for USCIS to process and the attorney might not be at fault at all. I would only take issue with not being responsible in your entire rendition of facts. Bottom line - no one can compete with free service. When one can get services for free, work of the current lawyer who charges fees for services immediately appears dull and unprofessional. This is the nature of life. Lets hope that the retired judge will do a better job and be more responsive and professional.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
You can charge attorneys and this will have no negative effect on your asylum case. Please see https://www.avvo.com/legal-guides/ugc/how-to-become-a-us-citizen-part-1
Mr. Shusterman's (former INS Trial Attorney, 1976-82) 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.
1. Your stated "However, it took him 3 months and a half to prepare the application and another 2 weeks to submit it." regarding preparing an asylum claim. In my professional opinion, asylum law is one of the most complex immigration areas of law and such cases, especially with the mandate under the Real ID Act of 2005 require supporting evidence that takes time to receive and process. Therefore, in my opinion, that timeline is not even excessively long for an asylum case,
2. You state" Then our application was returned a few weeks later because he didn't do it completely. We had to resubmitted the application and it finally went through." It is impossible to guess what specifically was missing without reviewing the submission, yet, I have seen cases when the USCIS would return the submissions as "undeliverable" to the official USCIS addresses that are used all the time.
3. You stated "After 150 days, we applied to get working permit but he sent out with missing information so we waited and waited for 100 days and still no sign of working permit. You do not have a very good understanding of the actual processing times for the EAD. Currently, an EAD processing make take EVEN LONGER THAN 100 days, and that is not even out of ordinary.
In my opinion, you are rocking a solid boat without truly understanding the complexity of asylum law.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
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