Legal Question in Legal Malpractice in New York

immigration lawyer's liability

I have a green card and my immigration lawyer said that because I work for an international organization I can get US citizenship without having to meet the requirement of being physically present in the US at least two and a half years out of the last five. But he did not know that a form had to be filed beforehand. His mistake only became apparent after two years when I went to the citizenship interview. He then said we could side step the mistake by showing that I was in the US for necessary two and a half years, which indeed I was. But he made yet another mistake because during the time I was working for the international organizations I was away from the US for more than six months at a time and as that form was not filed beforehand I was disqualified again. I spent months preparing the documents he requested. I traveled twice from Kenya to the US specifically for the citizenship application. I also had a baby recently in Kenya but my wife and I would have had the baby in the US if we had known that I had known I might not get the US citizenship. Please advise if I could mount a case against him


Asked on 10/10/05, 7:57 am

1 Answer from Attorneys

Andrew Bluestone Andrew Lavoott Bluestone

Re: immigration lawyer's liability

You may well have a legal malpractice case against this attorney. I do not know whether there is a NY connection with this. Does the attorney work in New York?

I am willing to discuss the case with you, if there is a NY connection, as I practice law only in the State of NY.

Please feel free to e-mail me at [email protected]

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Answered on 10/10/05, 12:15 pm


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