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  1. #1
    Join Date
    Mar 2011
    Posts
    3

    Default Attorney Forgot to Apply for Visa Extension

    My question involves malpractice by a lawyer in the state of:
    Client is located in Georgia. Attorney is from a company that is located all over the globe.
    While filing for an extension of the work permit of the client to work legally in the US, the attorney forgot to file an extension for the client's spouse. The attorney firm has agreed that it was a mistake on their part and have agreed to refile the extension for the client's spouse. However, this process can take anywhere between 3-8 months. During this time, the client's spouse will not be able to obtain an extension on a driver's license as the DMV insists on the extension approval document as a mandatory requirement.
    The only solution to speed this process up is for the client's spouse to fly to home country and attend US consulate there and come back to the US on a new dependent visa.
    Can the attorney be held liable for these travel costs?
    Rokur dubey

  2. #2
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    387

    Default Re: Attorney Mistake - Are They Liable

    Was this covered by a contractual agreement?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Attorney Mistake - Are They Liable

    And is the lawyer working for the "client" or for that person's employer?

  4. #4
    Join Date
    Mar 2011
    Posts
    3

    Default Re: Attorney Mistake - Are They Liable

    Quote Quoting Mr. Knowitall
    View Post
    And is the lawyer working for the "client" or for that person's employer?
    The lawyer works for the client's employer and not the client.

    Quote Quoting AZDeputyClerk
    View Post
    Was this covered by a contractual agreement?
    Not aware of any contractual agreement between the client and the attorney firm. There could be something between the client's employer and the attorney firm.

  5. #5
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Attorney Mistake - Are They Liable

    Probably not. First, it has to be determined who the attorney works for and thus who he owes a duty too. I doubt the duty is to the husband or spouse. The employer should ask the attorney to pay for his mistake, but other than that, the affected employees have no legal claim that will stand up in court. Life is not fair.

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