Possible malpractice case?

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Old Feb 24th 2006, 5:18 pm
  #1  
Venus21
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Default Possible malpractice case?

Hi everyone,

I just wanted to share my story with you and maybe someone would be able
to give me advice on where I stand and what I shoud do.
Here it goes:

I married a US citizen in July 2005 and we decided to hire an attorney
to handle our case. We thought it would be better to have someone
professional fill out all the paperwork than worry about making mistakes
and getting in trouble with the INS. So we went to the office of an
attorney (supposingly a very good one) and signed the paperwork that
they filled out for us. We also needed a co-sponsor so we asked my in-
laws and they agreed happily. They signed their part and everything was
supposed to be mailed within a week. That was Oct 7, 2005.
They told us that the receipt from USCIS would come either to our home
address or their office address.
Since we didn't receive anything we were under the impression that they
did. When we called the office we were told that everyhing is fine and
we should be getting my EAD and a travel document withing 3 to 4 months.
Of course time passed and nothing. In the meantime I was planning a trip
to my home country and had a few questions concerning the time of my
stay etc. So I wanted to see my attorney. I kept calling but noone
called me back. I was always told that he's either busy or not there and
he or his paralegal would return my call. But nothing. So after a week I
had to physically go there and demand to speak with someone. That was in
early January. I got an aswer to my question, by when I asked how much
longer I should wait for the EAD and AP they told me that at least two
more months because the waiting periods are longer now, because INS
change the procedures of handling the cases and other crap like that.
Of course at the time I had no idea it was all lies. So I went home and
kept on waiting. But I was getting impatient so I started searching the
internet about the waiting periods, similar cases to ours etc. And I
found a forum in my language about immigration issues. From what I read
it looked like something is wrong with my case. So I contacted another
attorney and she helped me find out that my case was NEVER filed. USCIS
had no trace of our names in their records.
When we went back to the office to ask about that we were told an
interesting story: our files were mailed together with another couple's
case and USCIS must have misplaced them and never put them in the
computer. To prove that they sent out the documents they showed us a DHL
packing slip with our name on it right next to the other couple's name.
They also told us that they called INS 3 weeks ago to clarify the
situation and the files were found and being processed. That was werid
since I spoke with and immigraion officer the very same day we went to
the office and she told me there's no trace of our case and noone could
have called about it because it is impossible to make an inquiry about a
case that does not exist.
Also, and this is where it gets nasty, we went to DHL to see their copy
of the packing slip (because the two names - our and the other couple's
were written in two different penmanships) and we found out that our
name was not on that document at the time it was mailed. They forged the
document by adding our names after mailing it so they could cover up
their incompetence.
And they even had enough courage to look us in the eyes and tell us it's
INS fault and that they contacted some "high" people to try to find our
file and asked us to give them time untill monday because maybe it will
turn up. (that was yeasterday, thursday 2/23). What I think they were
trying to do is mail the documents asap and pretend they would be
miraculously found.
So now I'm in a hole, I lost over 5 months, my visa has expired by now
and I don't know how to deal with all this.
I wish I could sue the lawyer for malpractice but I'm not sure I have a
strong enough case. Even though I think forging a document is a felony
(but is a DHL slip considered a document really?)

I will appreciate any input, comments, advice, even hearsay.

Good luck to everyone with their cases,

Venus

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Old Feb 25th 2006, 5:32 pm
  #2  
Ray
 
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Default Re: Possible malpractice case?

At minimum ..make a complaint to the State bar association...
What state are you in???
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Old Feb 25th 2006, 7:57 pm
  #3  
Frank
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Default Re: Possible malpractice case?

1. Gather as much evidence as you can without tipping off the attnorey that
you are going after them.
2. Call the attorney generals office for your state and find out if they are
guilty of a crime
3. Contact the state bar association and find out what they can do.

And I would certainly imagine you could make a big problem for them.

-F

Last edited by Rete; Feb 26th 2006 at 1:50 am. Reason: Snipped quoted post
 
Old Feb 25th 2006, 8:02 pm
  #4  
Venus21
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Default Re: Possible malpractice case?

I'm in Hartfrod, CT.

Right now I have one more question:
We're going to see the attorney on Monday to let him know that we want
him to discontinue our case. We want to ask for all our money back, but
if we get it can we still come after him later on?

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Last edited by Rete; Feb 26th 2006 at 1:49 am. Reason: Take out long quoted post
 
Old Feb 25th 2006, 10:52 pm
  #5  
Jackie
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Default Re: Possible malpractice case?

Venus, nie daj sie! ;)
Fight for your rights. I hope all ends well for you :)


Jackie (Keeping my fingers crossed)
 
Old Feb 26th 2006, 12:15 am
  #6  
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Default Re: Possible malpractice case?

Originally Posted by Venus21
We're going to see the attorney on Monday to let him know that we want him to discontinue our case. We want to ask for all our money back, but if we get it can we still come after him later on?
Speak to another lawyer first... perhaps s/he will have other options. I suggest that your immediate concern is to get your casing moving again... you can always go after the lawyer later on!

Ian
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Old Feb 26th 2006, 3:40 am
  #7  
Venus21
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Default Re: Possible malpractice case?

    > > > > Hi everyone,
    > > > > I just wanted to share my story with you and maybe someone would
    > > > > be
    > > > > able
    > > > > to give me advice on where I stand and what I shoud do.
    > > > > Here it goes:
    > > > > I married a US citizen in July 2005 and we decided to hire an
    > > > > attorney
    > > > > to handle our case. We thought it would be better to have
    > > > > someone
    > > > > professional fill out all the paperwork than worry about making
    > > > > mistakes
    > > > > and getting in trouble with the INS. So we went to the office of
    > > > > an
    > > > > attorney (supposingly a very good one) and signed the paperwork
    > > > > that
    > > > > they filled out for us. We also needed a co-sponsor so we asked
    > > > > my in-
    > > > > laws and they agreed happily. They signed their part and
    > > > > everything was
    > > > > supposed to be mailed within a week. That was Oct 7, 2005.
    > > > > They told us that the receipt from USCIS would come either to
    > > > > our
    > > > > home
    > > > > address or their office address.
    > > > > Since we didn't receive anything we were under the impression
    > > > > that they
    > > > > did. When we called the office we were told that everyhing is
    > > > > fine
    > > > > and
    > > > > we should be getting my EAD and a travel document withing 3
    > > > > to
    > > > > 4
    > > > > months.
    > > > > Of course time passed and nothing. In the meantime I was
    > > > > planning
    > > > > a trip
    > > > > to my home country and had a few questions concerning the
    > > > > time
    > > > > of
    > > > > my
    > > > > stay etc. So I wanted to see my attorney. I kept calling
    > > > > but
    > > > > noone
    > > > > called me back. I was always told that he's either busy or
    > > > > not
    > > > > there and
    > > > > he or his paralegal would return my call. But nothing. So
    > > > > after
    > > > > a
    > > > > week I
    > > > > had to physically go there and demand to speak with
    > > > > someone.
    > > > > That
    > > > > was in
    > > > > early January. I got an aswer to my question, by when I
    > > > > asked
    > > > > how
    > > > > much
    > > > > longer I should wait for the EAD and AP they told me that
    > > > > at
    > > > > least two
    > > > > more months because the waiting periods are longer now,
    > > > > because
    > > > > INS
    > > > > change the procedures of handling the cases and other crap
    > > > > like
    > > > > that.
    > > > > Of course at the time I had no idea it was all lies. So I
    > > > > went
    > > > > home and
    > > > > kept on waiting. But I was getting impatient so I started
    > > > > searching the
    > > > > internet about the waiting periods, similar cases to ours
    > > > > etc.
    > > > > And I
    > > > > found a forum in my language about immigration issues. From
    > > > > what
    > > > > I read
    > > > > it looked like something is wrong with my case. So I
    > > > > contacted
    > > > > another
    > > > > attorney and she helped me find out that my case was NEVER
    > > > > filed.
    > > > > USCIS
    > > > > had no trace of our names in their records.
    > > > > When we went back to the office to ask about that we were
    > > > > told
    > > > > an
    > > > > interesting story: our files were mailed together with
    > > > > another
    > > > > couple's
    > > > > case and USCIS must have misplaced them and never put them
    > > > > in
    > > > > the
    > > > > computer. To prove that they sent out the documents they
    > > > > showed
    > > > > us a DHL
    > > > > packing slip with our name on it right next to the other
    > > > > couple's
    > > > > name.
    > > > > They also told us that they called INS 3 weeks ago to
    > > > > clarify
    > > > > the
    > > > > situation and the files were found and being processed.
    > > > > That
    > > > > was
    > > > > werid
    > > > > since I spoke with and immigraion officer the very same day
    > > > > we
    > > > > went to
    > > > > the office and she told me there's no trace of our case and
    > > > > noone
    > > > > could
    > > > > have called about it because it is impossible to make an
    > > > > inquiry
    > > > > about a
    > > > > case that does not exist.
    > > > > Also, and this is where it gets nasty, we went to DHL to
    > > > > see
    > > > > their copy
    > > > > of the packing slip (because the two names - our and the
    > > > > other
    > > > > couple's
    > > > > were written in two different penmanships) and we found out
    > > > > that
    > > > > our
    > > > > name was not on that document at the time it was mailed.
    > > > > They
    > > > > forged the
    > > > > document by adding our names after mailing it so they could
    > > > > cover
    > > > > up
    > > > > their incompetence.
    > > > > And they even had enough courage to look us in the eyes and
    > > > > tell
    > > > > us it's
    > > > > INS fault and that they contacted some "high" people to try
    > > > > to
    > > > > find our
    > > > > file and asked us to give them time untill monday because
    > > > > maybe
    > > > > it will
    > > > > turn up. (that was yeasterday, thursday 2/23). What I think
    > > > > they
    > > > > were
    > > > > trying to do is mail the documents asap and pretend they
    > > > > would
    > > > > be
    > > > > miraculously found.
    > > > > So now I'm in a hole, I lost over 5 months, my visa has
    > > > > expired
    > > > > by now
    > > > > and I don't know how to deal with all this.
    > > > > I wish I could sue the lawyer for malpractice but I'm not
    > > > > sure
    > > > > I
    > > > > have a
    > > > > strong enough case. Even though I think forging a document
    > > > > is
    > > > > a
    > > > > felony
    > > > > (but is a DHL slip considered a document really?)
    > > > > I will appreciate any input, comments, advice, even
    > > > > hearsay.
    > > > > Good luck to everyone with their cases,
    > > > > Venus
    > > > > --
    > > > > Posted via http://expatforums.com
    > > > At minimum ..make a complaint to the State bar association...
    > > > What state are you in???
    > > > --
    > > I'm in Hartfrod, CT.
    > > Right now I have one more question:
    > > We're going to see the attorney on Monday to let him know that we
    > > want
    > > him to discontinue our case. We want to ask for all our money back,
    > > but
    > > if we get it can we still come after him later on?
    > > --
    > > Posted via http://expatforums.com
    > Speak to another lawyer first... perhaps s/he will have other options.
    > I
    > suggest that your immediate concern is to get your casing moving
    > again... you can always go after the lawyer later on!
    > Ian
    > --

True, that's what I'm working on right now.
We were trying to fill all the papers ourselves but it's not as easy as
I thought.
Most likely we'll have to get professional help. But where are we going
to find an attorney on such a short notice? We were hoping to file this
upcoming week...
Either way we're going to see our ex-attorney on Monday, we have an
appointment with him. I need all my documents back and my money.
We'll see what he says...

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Old Feb 26th 2006, 1:07 pm
  #8  
Frank
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Default Re: Possible malpractice case?

    > True, that's what I'm working on right now.
    > We were trying to fill all the papers ourselves but it's not as easy as
    > I thought.
    > Most likely we'll have to get professional help. But where are we going
    > to find an attorney on such a short notice? We were hoping to file this
    > upcoming week...
    > Either way we're going to see our ex-attorney on Monday, we have an
    > appointment with him. I need all my documents back and my money.
    > We'll see what he says...
^^^
I suggest:

1. You get everything you can from him in terms of your own paperwork and
evidence that he messed up before tipping him off that you will take an
adversarial approach.
2. If him gives you money back or comes to some arrangement don't sign
anything that looks like you are waiving your rights to pursue the matter.

-F
 
Old Feb 26th 2006, 2:35 pm
  #9  
crg
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Default Re: Possible malpractice case?

Originally Posted by Venus21
I'm in Hartfrod, CT.

Right now I have one more question:
We're going to see the attorney on Monday to let him know that we want
him to discontinue our case. We want to ask for all our money back, but
if we get it can we still come after him later on?

--
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It's tough to find a lawyer who will sue another lawyer.
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Old Apr 4th 2006, 8:52 pm
  #10  
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Default Re: Possible malpractice case?

Originally Posted by Venus21
I'm in Hartfrod, CT.

Right now I have one more question:
We're going to see the attorney on Monday to let him know that we want
him to discontinue our case. We want to ask for all our money back, but
if we get it can we still come after him later on?

--
Posted via http://expatforums.com
Hmmm.... I've been noticing a small but continuing series of administrative errors by my attorney's office in connection with GC applications for myself and my wife. Stuff like sending forms for signature littered with errors, claiming to have emailed me with questions but those emails mysteriously never reaching me, asking me for checks in the wrong amounts and sending the wrong checks to USCIS resulting in my application being returned (with the delays that entails). Also the fact that they don't communicate properly (I have to call, write and call again to get information) and they're just generally being cagey about their mistakes.

My attorney is in Hartford, CT also.

2+2=5?

Venus21 - I don't suppose you'd PM me to put my mind at rest would you?
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Old Apr 5th 2006, 12:12 am
  #11  
Ray
 
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Default Re: Possible malpractice case?

Originally Posted by tonrob
Venus21 - I don't suppose you'd PM me to put my mind at rest would you?
The OP is here via the usernet ...he has no acess to the BritishExpat PM system ...
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Old Apr 6th 2006, 11:32 pm
  #12  
Venus21
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Default Re: Possible malpractice case?

    > > Hmmm.... I've been noticing a small but continuing series of
    > > administrative errors by my attorney's office in connection with GC
    > > applications for myself and my wife. Stuff like sending forms for
    > > signature littered with errors, claiming to have emailed me with
    > > questions but those emails mysteriously never reaching me, asking me
    > > for checks in the wrong amounts and sending the wrong checks to
    > > USCIS
    > > resulting in my application being returned (with the delays that
    > > entails). Also the fact that they don't communicate properly (I have
    > > to call, write and call again to get information) and they're just
    > > generally being cagey about their mistakes.
    > > My attorney is in Hartford, CT also.
    > > 2+2=5?
    > > Venus21 - I don't suppose you'd PM me to put my mind at rest
    > > would you?
    > The OP is here via the usernet ...he has no acess to the BritishExpat
    > PM
    > system ...
    > --

Hey Tonrob,

I just saw your post. I can't click on your name to PM u. But I suppose
you can PM me. Send me your e-mail so we can get in touch.

p.s. I just sent a grievance form to the CT Bar Association this week.
We'll see how what comes out of it.

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Old Apr 7th 2006, 5:05 pm
  #13  
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Default Re: Possible malpractice case?

Can you post the initials of the lawyer in question?
 
Old Apr 8th 2006, 8:46 pm
  #14  
Venus21
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Default Re: Possible malpractice case?

    > Can you post the initials of the lawyer in question?

The Law Offices of C.D. in Wethersfield, CT

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Old Apr 8th 2006, 8:55 pm
  #15  
Venus21
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Default Re: Possible malpractice case?

    > The Law Offices of C.D. in Wethersfield, CT

I thought I would post an update on what's going on:

My husband and I filed the documents ourselves few weeks ago. Right
after we mailed them we received receipts from the INS for the documents
that were filed by the attorney. So now I have two cases pending with
INS. Both adjustment of status. Interesting huh?
So what I did is I sent a withdrawal letter for one of them (the one
filed by the attorney) and also my biometrics appointment for that one
was yesterday so of course I didn't go. I hope that will solve the
problem. I will show up for my other biometrics appointment and
hopefully it will go smoothly from there.

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