Legal Question in Immigration Law in California

Your wife cannot file a green card application if her priority date is not current. We suggest you to consult with an immigration attorney.

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That's really too bad. Obviously the adjustment (green card application) shouldn't have been filed if the priority date was not current. She may have been otherwise not eligible as well, who knows? A closer look would reveal all that happened.

It's not for sure that a Notice to Appear will be issued in court. Until then, an application for Cancellation of Removal would be premature. It would be based on her qualification under the statute and discretion as to whether you and other very close US citizen/permanent resident family would experience extreme hardship. The fact that your prior lawyer is a sympathetic factor, though without a real hardship showing, it really doesn't affect the adjudication of a Cancellation application.

I think it's time also to consider filing a new petition. If the petition was previously approved, you can use the old priority date. It should have been approved even if the green card was not and I would fight for that so you can use that time since it was filed toward a new filing. Filing a motion to reopen must be done quickly and time is of the essence if it's not already too late.

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For further information, feel free to contact me at [email protected] or call 818 609 1953.

Sincerely,

Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization

Hello:

Instead of thinking about going after the prior lawyer, simply wait for the visa number to become current and then refile. There is no use doing a motion to reopen since the visa number was not current. After your wife gets her green card, then you could consider some claim against the attorney.