What to Do If Your Immigration Attorney Goes Wrong While Applying for Immigration?

January 4, 2022
Immigration Attorney

Immigration Attorney

Even after the precise selection of an immigration attorney, the person might make mistakes that negatively impact the litigation procedure. Typical errors that clients complain about include failure to respond to requests for evidence, missing the deadline, not providing explanations about available options, and more. If you face these situations, it is an indication that the attorney has provided you with ineffective assistance of counsel. The article describes the best way of resolving these issues and reopening the immigration case to achieve the desired result.

Significant factors influencing ineffective assistance of counsel

A person who is moving into a new location is a non-citizen. You thereby require an attorney for representing your matter before the council through a due process of competent representation. If the attorney’s performance affects the result of the proceeding, it qualifies as ineffective assistance of counsel. When the attorney misses a significant deadline, you are ineligible for an immigration benefit. You might have to take some extra strides to rectify the situation. If the lawyer forgets to apply within the stipulated time, the immigration judge or asylum officer might declare you ineligible due to unreasonable delay.

In case of improper completion of the form, making a false statement, or providing a fake document, your application might get dismissed. If any of these dilemmas occur in your situation, there is only one way of rectifying the process and that is, reopening the immigration case. A competent immigration attorney will warn you regarding immigration consequences and give you every possible information regarding the rules and regulations. Thus, getting in touch with a reputable person who has a good track record will help you finalize your process smoothly.

What if you get in touch with a non-lawyer?

If your attorney was not an attorney, it might lead to immigration problems. Only a licensed lawyer can help you in this process. If you feel that the person you are working with is not a licensed individual, you will have problems reopening the case. It will thereby lead to ineffective assistance of counsel. If the person falsely represents themselves as a lawyer, it will create trouble for you. Another way of surviving this situation is by looking into the background of the person and evaluating his/her track record. Only a licensed individual is competent enough to help you in your immigration case.

Get hold of a new attorney

When you feel that the person is an ineffective assistant, there is only one way of starting the process anew. And that is, seeking a new attorney. Get hold of a qualified, experienced, and reputed immigration attorney like attorney Jane Lee who understands your process and has a good track record. A decent attorney will investigate the case, review the submission error, and determine your litigation from a different perspective. If you are not quick with this action, you may miss your deadline. Remember that court filing of the new application is a costly process. Hence, missing out on a deadline is never an option.

You can consider reopening the litigation. Reopening the case requires time and effort. You feel that you have achieved a legal representative who understands your case and is competent enough to go forward with it. By providing relevant affidavits, informing you regarding legal provisions, regularly reporting on the legal processes, your lawyer will work as your assistant.

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Andi Perullo de Ledesma

I am Andi Perullo de Ledesma, a Chinese Medicine Doctor and Travel Photojournalist in Charlotte, NC. I am also wife to Lucas and mother to Joaquín. Follow us as we explore life and the world one beautiful adventure at a time.

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