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  1. #1
    Join Date
    Mar 2013
    Posts
    1

    Default Losing Immigration Status Due to Misleading Legal Advice

    Immigration lawyer bad advice made me unexpectedly lose my job and leave the US within a few days. I would have had to leave anyway but he failed to adjust his recommendation despite my numerous questions on the subject. Consequences on our lives were dreadful for a few months. Can this be considered malpractice? I strongly doubt about the competence of this lawyer, what can I do?

    A more detailed explanation:
    I filed an I-130 (petition for alien relatives) whereas I was under a one-year Optional Practical Training visa after completion of a graduate degree in US. Visa bulletins showed processing time within months before suddenly increasing to years. My immigration lawyer was fully aware of my employment situation and bulletin changes. He clearly stated on a handful of times that I could keep working and remaining in the US after expiration of my OPT if I don't travel abroad. When my OPT expired, the USCIS requested a new employment authorization that I did not have. My company terminated my contract and my family had then to leave the US in less than a month or I was illegally remaining on US soil. The change of visa bulletin date is independent from the immigration lawyer. However failing to inform me about the consequences of the bulletin changes shows is incompetence. Is this malpractice?

    Thanks

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Is Misleading Considered Malpractice

    Other than lulling you into a false sense of security that all would be OK for you to work and stay illegally, there's nothing really "malpractice" about this. You'd have lost your job and been illegally present no matter WHAT he did.

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