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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 99506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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The company I hired to get a Russian visa for me made

Customer Question

The company I hired to get a Russian visa for me made mistakes so that when I arrived in Russia I was sent home. Can I recover the cost of my trip?
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: What is USCIS?
JA: Have you talked to a lawyer yet?
Customer: NO
JA: Anything else you think the lawyer should know?
Customer: NO
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Customer: replied 2 months ago.
Customer: replied 2 months ago.
I was told by the tour company and Russian official that the Russian consulate gives one year visas. This company gave me 7 days. The tour was from 07/13/2016-07/27/2016. One date appears on the visa and it is 07/22/2016. The tour include Warsaw and Estonia and Russia. Russia was 5/12 of the tour.
Customer: replied 2 months ago.
I did see Warsaw and Estonia; but when I arrived in St. Petersburg on the 21 of July I was old i HAD to leave the next day, the 22nd.
Customer: replied 2 months ago.
Everyone else on the tour had a Russian visa for a year except for me.
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Ok. Your question ended up in the U.S. immigration law forum. So this is only for you getting a visa to enter Russia?

Customer: replied 2 months ago.
NO you can type it.
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

If it is a question about obtaining a Russian visa, I have to opt out and transfer you to the correct forum as this is the U.S. immigration law forum.

Customer: replied 2 months ago.
It is a question pertaining to "recovery of expenses"
Customer: replied 2 months ago.
Please transfer me to the correct forum
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Will do. Sorry for any delay.

Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The answer is essentially yes. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Here, someone in your situation can sue for negligence and breach of contract.

NEGLIGENCE: Presence of a a duty of care, breach of that duty, and damages to you from that breach.

BREACH OF CONTRACT: Existence of a valid contract, breach of that contract, and damages to you from that breach.

The Court will normally award damages based on actual damages sustained, which may include the ticket, costs, etc, as well as possibly even costs to redo the visa with another agency.

If you tell me what state you are in, and what state the company is in, I can be more specific as to my answer. Thanks!

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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