Attorney Question
May 1st 2006, 4:33 am
#1
Guest
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Attorney Question
My immigration attorney quit her practice last fall and moved to
another state. I had paid her a large sum of money (over $2000) to
represent me at my removal proceedings trial (I retained her just
before my 1st 'master calendar' court hearing before an immigration
judge in 2003 but after I filed, on my own, the AOS petition based on
marriage to a USC).I was put on the 'Matter of Garcia' calendar by the
immigration judge. This simply means I appear before the judge once a
year, and the judge continues my case until the following year, or
until my I-130 is approved. So essentially my attorney had appeared in
court for about 5 minutes for the past 3 three years to request
continuance. Absolutely NOTHING has happened to my case. I am STILL in
removal proceeding. My I-130 has yet to be approved.
Now I am in the situation where I must find another immigration
attorney to represent me in my upcoming annual hearing before the
immigration judge and pay another large sum of money to retain that
attorney.
My question is - am I entitled to receive a refund (all or partial) for
the attorney fees I paid to my former attorney. She refuses to give a
refund since she claims she had spend a lot of my time on my case. I
don't see how she can say that as I filed the AOS petition, and my case
is in limbo until the USCIS approves my I-130 at which time I can
request a termination of removal proceedings. Back in 2003 the attorney
and I signed a retainer agreement. Am I not entitled to a refund
because she terminated the agreement (breach of contract?).
She will (or has already) be filing a Motion for Attorney Withdrawal to
both the Immigration Court and the Chief Counsel's Office.
Also, I am thinking of going it alone (i.e. no attorney) and appear
before the immigration judge at my upcoming court hearing and request a
continuance if my I-130 has yet to be processed (most likely scenario)
. If by some miracle, my I-130 is approved (unlikely as the USCIS would
have notified me in writing before the court hearing), I will file a
motion to termination the removal proceedings against me. Do I really
need a high proceed attorney to request continuance?? If and when my
I-130 is approved, I will most likely seek out a new attorney to walk
me through the termination of proceedings.
Thanks,
Joe
another state. I had paid her a large sum of money (over $2000) to
represent me at my removal proceedings trial (I retained her just
before my 1st 'master calendar' court hearing before an immigration
judge in 2003 but after I filed, on my own, the AOS petition based on
marriage to a USC).I was put on the 'Matter of Garcia' calendar by the
immigration judge. This simply means I appear before the judge once a
year, and the judge continues my case until the following year, or
until my I-130 is approved. So essentially my attorney had appeared in
court for about 5 minutes for the past 3 three years to request
continuance. Absolutely NOTHING has happened to my case. I am STILL in
removal proceeding. My I-130 has yet to be approved.
Now I am in the situation where I must find another immigration
attorney to represent me in my upcoming annual hearing before the
immigration judge and pay another large sum of money to retain that
attorney.
My question is - am I entitled to receive a refund (all or partial) for
the attorney fees I paid to my former attorney. She refuses to give a
refund since she claims she had spend a lot of my time on my case. I
don't see how she can say that as I filed the AOS petition, and my case
is in limbo until the USCIS approves my I-130 at which time I can
request a termination of removal proceedings. Back in 2003 the attorney
and I signed a retainer agreement. Am I not entitled to a refund
because she terminated the agreement (breach of contract?).
She will (or has already) be filing a Motion for Attorney Withdrawal to
both the Immigration Court and the Chief Counsel's Office.
Also, I am thinking of going it alone (i.e. no attorney) and appear
before the immigration judge at my upcoming court hearing and request a
continuance if my I-130 has yet to be processed (most likely scenario)
. If by some miracle, my I-130 is approved (unlikely as the USCIS would
have notified me in writing before the court hearing), I will file a
motion to termination the removal proceedings against me. Do I really
need a high proceed attorney to request continuance?? If and when my
I-130 is approved, I will most likely seek out a new attorney to walk
me through the termination of proceedings.
Thanks,
Joe
