Legal Question in Immigration Law in New Jersey
Attorny delayed sending in immigration papers
I know a couple from Poland. They came here legally several years ago. They've filed papers in the past and had their Visa extended. They file papers through an attorney. Their most recent Visa expired within the last month. About a month and a half before that happened, they filled out all the proper paperwork and gave it to their attorney who for whatever reason , sat on it. Because the attorney didn't get the paperwork in until it was too late, the couple is threatened with deportation. If the reason the paperwork wasn't handed in on time is due to the attorney, is their any precedent to use or any law to show that the couple can stay, or at least have their paperwork considered as if it was handed in on time? In other words, it's not the couples fault, it's the attorney's fault. What can they now do? They don't want to be deported but because of the paperwork being delayed, are technically here illegally for the last month. What should they do? BTW, I was born here and lived here all my life. When I say it's a couple I know, I really mean it's a couple I know. I'm not talking about myself.
2 Answers from Attorneys
Re: Attorny delayed sending in immigration papers
Without knowing the specific facts the only advice that I can provide is that if in fact is was solely due to the attorney's mistake they can make a case for "ineffective assistance of counsel" and see if USCIS will apply discretion in their case.
Re: Attorny delayed sending in immigration papers
While I would need to know more about the situation, there may be a claim of ineffective assistance of counsel against the former attorney. Immigration case law does allow for someone to make such a claim, but there are strict rules that must be followed in making such a claim against an attorney. Depending on the couple's situation right now (ie if they are before an immigration judge or the CIS), there may be options. However, they should speak with experienced attorneys to see what their options may be at this point.
You should visit our website for more information. If the couple wishes to consult with us about their situation, we would be happy to discuss the situation further and in more detail. We have many years of experience with these situations, and in fact, I have a published decision from the Board of Immigration Appeals and the Second Circuit Court of Appeals on a case involving ineffective assistance of counsel against a client's former attorney that I won.
Best wishes!
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