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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28202
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Judith, thank you for your presence. I appreciate it. I am a

Customer Question

Hello Judith, thank you for your presence. I appreciate it. I am a Dutch-Italian-French citizen
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: who just filed her i-751
JA: Have you talked to a lawyer yet?
Customer: yes I filed my ROC petition but the lawyer that I hired
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes the attorney that i used has sent to HAND deliver my package at the USCIS buidling in Laguna Niguel in CA and when I arrived I was barred because they only accept bonded carriers for this reasons reason my package arrived October 4th at 6:15am and my GC expired on OCtober 3rd Now I am terrified to be denied I have a very solid paackage 2 years of bank statements credit cards healht insurance car insurance credit card statements 6 letters of support more than 50 pictures but my husband and I are separated we still carry tghe same address and the same everything but he left back to NYC and I am not sure if he will appear at the interview if there is one although he signed for the 751 fantastic
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Judith replied 2 months ago.

Hello, thank you for requesting me and I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

You may get lucky because you were in status up to midnight of the 3rd and the 751 was received on the 4th so you can argue you did not have a day out of status. I would request your attorney to give you an Affidavit that he instructed you to hand deliver the package to Laguna Niguel.

The attorney should have known you could not have access to the facility and the instructions say you can only send via mail or courier.

So I would get that Affidavit from the lawyer and if there is a problem and your petition is denied for untimely filing you file a Motion to Reconsider based on ineffective assistance of counsel and that you had not had one day out of status. Therefore the petition was received timely.

Yours will be a wait and see situation.

After getting the Affidavit I would also file a bar complaint against the lawyer for his negligent advice to hand deliver. That would also be supportive if you get an adverse decision and have to file the Motion to Re-open.

Just get prepared but I think you will be OK. There was no day you were out of status that USCIS did not have your I-751 in hand.

You may want to consider changing lawyers if you have to file the Motion. I assume this lawyer submitted a G-28 Notice of Appearance of Attorney so all communication will be going to him from USCIS. So be careful about filing a complaint against him until a new attorney has entered their appearance in your case.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith

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