Rete

My remarks were in regards to a suit against the attorney who allowed him to not only petition for, but use, advance parole with an overstay of more than 180 days.

And I agree with you. The poster has to realize that there is only a very small chance of his successfully fighting this ban and be prepared to have ICE come to his door at anytime to escort him from the US.

meauxna

I know less than nothing about filing I-601 waivers from within the US (other than I've read that it can be done) -- doesn't he get to stay in the US while it is being adjudicated? How can we know yet if he has a case for it or not? The average person doesn't feel like they can collect 'extreme hardship' but I've read some of the I-601 letters.. seems to give the applicant a lot of lattitude..

scrubbedexpat099

The general success rate seems quite high, but what the OP chances are is difficult to comment on.

snowbunny

Exactly.... and since the hardship must be on his wife (the USC) her perspective might be different.

OP -- you would be advised to not admit in public that you don't have a hardship!

If you were barred from AOSing for ten years, that's ten years your wife would have to either live without you or move to the UK. Is her job available over there? You mention her parents -- do they depend on her for caretaking? Does your wife have any health problems? Does your being present enable her to work (like, she works long hours and/or travels and depends on you to take care of bills, household, etc)?

Don't answer these questions online, but give them some thought. That is what an attorney is for -- to ask these sorts of questions and frame the answers.

Personally I think that banning a spouse for 10 years constitutes an enormous hardship in itself and is awful immigration policy, but what is, is. What you say on this forum can be read by all; what you say to an attorney is confidential and privileged.

scrubbedexpat099

Just a question of playing the game. Do that, and you have a good chance.

Matthew Udall

No, not insane. You asked for the AP and they gave it to you. I’ll bet it might have even had the printed warning right on the AP about the possible trouble using it if certain amounts of unlawful presence were in play.

You mentioned you had an attorney prepare and file the AOS. Did you seek his or her advice “before” you left the U.S. at the time when you had accrued your significant amount of unlawful presence in the U.S?

Matthew Udall

And if the attorney carries an insurance policy (which he or she should) and if a payout is warranted, that might be useful to the OP (perhaps if the attorney couldn't afford to pay out the damages from his or her own pocket).

Thank God the OP at least has that potential option that might come in handy for him. Some "legal advisors" don't carry similar insurance.

Matthew Udall

That might depend if the new attorney feels the claim against the prior attorney is meritorious. But you do have a good point. If I was contacted by a potential client and he told me he's sued every attorney that's tried to help him, and if I further concluded that I didn't see any prior attorney error, then I'd likely shy away from a potential client like that.

But in this case, if it is true the attorney knew of the overstay and went ahead in helping to get AP, well that would be a mistake. Tell me, did the old attorney practice immigration law (at least a significant portion of his or her practice)? Was he or she a brand new attorney right out of law school? An AILA member? Focused on the employment side of immigration (although I’d expect an attorney focused on the employment side to know this too)? I mean come on, knowing not to obtain and use AP for a client with certain amounts of overstay is basic immigration 101!

snowbunny

I agree. But this attorney failed Basic Immigration 101. So my instinct as a "consumer" of legal services would be to get a new attorney, seek the most positive outcome (and research copiously on my own) and then assess damage after the smoke clears.

But the OP says he cannot afford the services of a new attorney.

OP: you could ask your original attorney to consult with an attorney who's handled successful hardship appeals before. It could be that the attorney, realising his/her potential legal liability for gross misinformation, would pay those fees out of his/her own pocket.

Question: is having to challenge immigration decisions to the point of bankruptcy considered hardship on the USC spouse?????

sea_dave

I'm sorry to hear that...

sounds really hopeless... I guess you could always move overseas and forget about the USA....

maxalt

Yes, Six months before.

As for filing a suit against the attourney, that isn't an option right now.
Our main goal is to keep me in the country.

I'm open to anything at the moment, if you're an attourney and may be able to help, please PM me.
I now have the initial consultation fee.

CaliforniaBride

His website is in his signature line. You can contact him through there. Good luck with the process.

CaliforniaBride

How is that?


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1w 5d 18:25 smoke-free, 189 cigs not smoked, $33.08 saved, 15:45 life saved

Matthew Udall

So let me see if I have this straight. You “immigrated” to the U.S. in mid December 2000 with you using a non-immigrant option to accomplish your immigrant intent entry (your wife entering with you).

You contacted an attorney near January 1st 2005.

You filed your AOS paperwork six months later, on June 30th 2005.

My questions are:
1) When you entered the U.S. with your wife in mid December 2000, was your intent to live in the U.S. with her and eventually file for adjustment of status (greencard)?
2) Why did you wait until early January 2005 to contact an attorney (why did you wait this long before thinking about filing the application for permanent resident status)?
3) Why did it take six months, after contacting the attorney, for the adjustment to be ready to file?
4) Most importantly, how well did you know this attorney when you contacted him or her in early January 2005?
5) Did you ask the attorney if he or she practiced immigration law? If so, what sort of questions did you ask the attorney (about his or her experience, how long in practice, what types of immigration cases, etc)?
6) Did the attorney actually prepare the forms for you and assemble the submission with your evidence, or did you do that part and simply asked the attorney his or her opinion about your DIY work?
7) Was this attorney a personal friend of yours, or had you used this particular attorney for any non-immigration work in the past?
8) How assured are you that you understood everything the attorney ever told you relating to your immigration case? Did you take any notes?

Good luck with your case.

snowbunny

I would strongly take the suggestion of other posters and use an attorney who has successfully won hardship cases. This is not a reflection on anyone here.... but you need a specialist specialist.

With a consultation, you might be told *odds* of your prevailing. But you'd need more attorney's fees to continue using their help to fight.

Are your in-laws aware of this situation? Can they help financially?