ambientglow

I am a US citizen and hired a US lawyer in May to handle the green card paperwork for my UK citizen wife. (I live in the US so we'll file there.) There are no complications in our situation; it's completely routine.

The lawyer has stalled for weeks at every step. (We have provided all necessary documents and information promptly.) Finally, a month ago, everything was complete; I signed off on the completed I-130.

Since then she's been saying "I'm about to file" regularly, and still hasn't.

Is this common practice in the industry for some reason? I can't figure out how it's to her advantage.

Is there any reason not to fire her and mail the I-130 myself?

Is a suggestion that I will so likely to cause her to do what she's been promising for months?

tom169

Fire her and either file it yourself, or if there is some legal reason you're using a lawyer find a new one in the plethoras pool of lawyers.

Noorah101

Just to clarify, this is for your wife's immigrant visa (not green card).

Is there a specific reason you feel you need a lawyer?

If your wife has no criminal history, no past immigration issues, and no serious medical issues, you can complete the process yourself.

If you plan to do it yourself, I would first get your entire file back from the lawyer. That way you don't both file an I-130, which could mess up the process.

If you just want to mention the idea to the lawyer, that might get her moving, but who knows? And was this contract just to file the I-130, or was it to see the case all the way through NVC and on to the embassy, all the way through the interview?

Rene

ambientglow

Thank you very much!

Yes, the contract was to cover the whole process (I-130 through consular processing in London). There are no complications such as the ones you mentioned.

I hired the lawyer only because the process is complicated, and I'm used to working with lawyers in business/corporation law and know they can add value there, and if there were to be some unexpected glitch I'd need advice.

I'm used to lawyers being busy, and delaying by days or possibly even weeks, but not months. That would be completely unacceptable in a business context.

I'm wondering if this particular area of law has skewed incentives somehow so that they make more money by stalling. This lawyer is clearly highly competent and intelligent, and is deliberately choosing not to file, and refusing to explain why.

tom169

I can only think the lawyer is stalling to drag out the money you pay as a retainer.

There is no financial incentive from USCIS / consular services to drag it out.

Noorah101

I don't believe there is any benefit to the lawyer to stall submission, unless its to charge you extra whenever you contact her to get an update.

Really, there is no reason to delay filing.

The process is not complicated at all. I suggest doing it yourself.

Rene

ian-mstm

I disagree. The process is quite straight forward so long as you're organized; it isn't complicated at all. It's time consuming - yes... but not complicated.


Perhaps, but this is neither a business nor corporate transaction.


The operative word here is: if.


Given the information you've provided so far, I would never have made that determination.


I am forced to agree with the others. Go to her office, get your paperwork, and fire her. Next, report her to her Bar Association... because she is clearly doing you a disservice - and that's simply not acceptable.

Ian

Rete

I agree with Rene and Ian, there is nothing complicated about the I-130 and then the CR-1 at the US Consulate in London. Time consuming in completing forms and gathering documentation but you have to do that anyway because the lawyer can only fill in information that you give them. You still have to check over the forms before they are dispatched. If the attorney does not require you to do that before they are mailed, then the lawyer is not worth the money you have paid them.

I have worked in the legal field for over 30 years, primarily in corporate law, and you cannot equate immigration law and corporate law in terms of requiring an attorney. For corporate law, yes, one is needed. For immigration, unless there is a criminal history for the foreign spouse, a communicable disease or a history of alcohol or substance abuse, it can be done without an attorney. Of course, not all people are detailed oriented and some have a fear of forms and making mistakes. Those people do need legal assistance. However, an attorney who has taken your money and not yet filed the paperwork and offers only excuses for not having done the filing, is not an attorney that is trustworthy, imho.

MidAtlantic

I would fire them today.

Pulaski

No, the process is not complicated (see Rete's post above), ..... so long as you or your spouse can read English and unless your spouse has a criminal record, or there is some other complicating factor.

IME only a lawyer would tell you that the process of applying for a spouse visa is complicated, but thank you for providing another example of why people should not use a lawyer for run-of-the-mill visa applications.
I would too. If they haven't provided the service contracted then you shouldn't owe them anything.

vinnyboy1979

If I can do the process anyone can. over a year ago , we got engaged had no clue what to do or even what forms to fill . I paid for some advice from a lawyer top firm that is specialist in USA immigration. Quickly realised that it's a waste of money . The process is not as hard it's made out to be , the nice people on this forum are great for advice , my life savers.