Legal Question in Immigration Law in New York

my husband and i just recieved a letter that our appeal for his green card was denied due to the lawyer sendin g in a form that stated he was the attorney for my husband not me so now the lawyer wants me to repay the fees to re file when its his mistake that was the reason for the dismissal in the first place


Asked on 7/14/10, 5:28 pm

1 Answer from Attorneys

Rachel Baskin Rachel Baskin, Attorney at Law

It sounds like USCIS denied your marriage case (not the green card), in which case, since you are the petitioner, the lawyer represents you. Since the appeal was denied, the attorney will not be able to re-file it, even if it was his/her error. You may be eligible to re-file the application. Be aware that there is a possibility, since the case was denied, that your husband may receive a notice to appear in immigration court. He must attend the hearing if he receives such a notice. You should consider speaking with another attorney to review the denial letter(s) and discuss the next step.

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

Read more
Answered on 7/15/10, 8:51 am


Related Questions & Answers

More Immigration Law questions and answers in New York