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My green card application was rejected because my lawyer make a mistake. Permanent Residency

Discussion in 'Green Card, Residency, Naturalization' started by laychan, Jun 14, 2005.

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  1. laychan

    laychan Law Topic Starter New Member

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    Hi everyone,

    I got married with my wife who is a US citizen.

    We found a lawyer to prepare the application forms for
    the green card on March 2005. She said that we have
    to wait about 3.5 months for INS to accept my application.

    Until yesterday, I received a rejection notice from INS.
    It listed that two sections in the form I-130 are missing.
    My lawyer FORGOT to fill in this two sections and my
    application was rejected!

    I called INS today and they said that I have to wait another
    3 months if I resubmit my application again. I have already
    waited 2.5 months for my temporary working permit and
    I can't work in the last 2.5 months. If 3 more months, I
    don't know how to stay in the US without any earning.

    What should I do now?
    Ask her to make correction and resubmit again
    or Look for another lawyer to sue her?

    Thank you.
  2. NYClex

    NYClex New Member

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    There is nothing you can do concerning the INS. You have to resubmit the application.

    You might have a malpractice case here against that attorney. How you want to proceed here is your decision, and you would have to think about all the consequences. It depends on the damage you suffered, how important time is, and some other factors. I would consider consulting an attorney who is specialized on legal malpractice and get her input on the case.

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