Legal Question in Appeals and Writs in California

my rights

I just received a denial for my petition for a H1B visa because we did not submit my school transcript with my petition, therefore there is also no appeal possible.

I am french and my english is OK but at the time we prepared my application I asked in a mail to my lawyer what a school transcript was. Is the the grades or the cretified translation of the class I took in my business school. She replied it was the certified translation of my class and that they did not care about the grades.

It turns out they wanted the grades! It is such a big mistake. I spent so much money on her + immigration fees, can I sue her? I have emails and written proof oh he r incompetence!

It is so unfair, I spent months here on a B waiting for my H1B, not working and spending all my savings from France and there I am, leaving on monday to Paris without a job, money and hope to come back here. This is so unfair!


Asked on 9/28/07, 2:44 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Re: my rights

Sorry for the tragic results. Bush has succeeded in reversing to some extent the "brain drain" by making it so much harder for people to come her and become citizens.

You wold need t speak to a atorenfy who does immigration work to see if what she did i sbelow the reasonable standard of care for an attoreny hnadlling that type of case. It seems to me that it is since everyone who has gone through the post high school education system knows that a transcript is the list of courses with there grades. But how are you going to sue her while you are in France? Perhaps you can demand back the fee you paid her. You probably will need a sharp letter from an attorney to get her to be willing to pay anything.

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Answered on 9/28/07, 7:48 pm
Steven Murray Steven W. Murray, APC

Re: my rights

Perhaps if you got another attorney here to make a demand on her to "fix it" or else, she would do whatever is necessary to get you back into the country. That may be something to consider.

Or, if you get another lawyer who can get this reversed, then what it cost you to "fix it" would be recoverable damage against the first lawyer. I am sure there are some lawyers in Paris who are familiar with this area of law.

Good luck.

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Answered on 9/30/07, 11:17 am


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