Legal Question in Immigration Law in Ohio

Failure to maintain status through no fault of Applicant

Can an Applicant for Greencard (Currently re-applying for Immigration. Application based on Immigration petition for Alien Worker) file a complaint against an Immigration lawyer who gave wrong legal counseling which resulted in the applicant's denial for Immigration? This case is in connection with INA 245 (k) of Immigration act in which the applicant has 180 days to apply for Immigration. The lawyer has miscalculated and started at the wrong date. Factor involved which resulted in the miscalculation was that the applicant filed for Change of status (Student visa) 1 month prior to the end of stay as Visitor. The lawyer based his counting of 180 days from the time the Application for Student Visa has been denied (2 months after end of visitor stay) but USCIS based their calculation from the end of visitor's stay. Also, despite applicant's follow up, lawyer has been delaying the filing since the law firm has a strong basis that applicant has a lot of time to file.

What are the chances if complaint against this Immigration Lawyer will be filed? Applicant currently re-filing but hasn�t received any Notice yet from USCIS (2 mos now).What could be the reason? What is the chance that immigration will consider such case? Thanks.


Asked on 8/08/07, 9:11 pm

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Failure to maintain status through no fault of Applicant

In your re-filed application, did you indicate that you were wrongly advised by your lawyer, and did you provide proof of that? If you have been in status for the rest of your time here, your application may be approved. Regarding your lawyer complaints, they should be taken up with the local bar association or the Ohio Supreme Court's grievance committee and not with immigration.

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Answered on 8/10/07, 9:25 am


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