Four years ago we hired an immigration lawyer so he could file for cancellation of removal for my husband. The lawyer also told us he was going to apply for work authorization while this process continued. My husband did get a work authorization and have been applying for it ever since. This year we applied again for the work authorization card and we received a letter from the USCIS saying that the cancellation for removal was never filed in the court so he couldn't get a work authorization card. We went and asked our lawyer and he said that in effect it was never filed but that he is afraid to file it now because they might move up his court date and the law office still does not have a case build up for him. The lawyer suggests waiting until the court date of 2019 and not apply anymore for the work authorization card.
Based on the facts you cited, I am afraid that yes - you should at least consult with an experienced lawyer for a "second opinion". Let it be a "Board Certified Specialist" attorney. Will be well worth the investment.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 24 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You may wish to contact another lawyer for a second opinion, it is not good guidance to give legal advice on a case one has no familiarity with the facts.
How has he been obtaining EADs if the case was not filed in court?
Ekaette Lawyers Texas.
Strategic calls cannot be advised on without the benefit that your lawyer has - the knowledge of your case. We, however, know nothing about your case beside what you told us and that is not much.
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 need to see a Board Certified immigration attorney immediately. Good luck. I’m
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