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Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6806
Experience:  Licensed attorney helping individuals and businesses.
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I acted as a representative neighbor whose wife had been

Customer Question

I acted as a representative for a neighbor whose wife had been asked to leave the U.S. which she did willingly over three years ago. She had illegally entered the U.S. from Mexico and was caught several times. In her three attempts where she was apprehended she had used false names. In one case she was charged and paid a $500.00 fine and was allowed to stay in the U.S.for years. As this lady had her husband, children and grandchildren legally living in the U.S. I prepared all the documents necessary for a Green Card, paid all the fees and after three and a half years received an appointment for an interview from the U.S. Immigration office in Mexico. The interview was short lived as the interviewer explained to the applicant that it was their policy that due to her attempts at crossing the border illegally that she would have to wait ten years to apply for her Green Card.. This policy was known by the Immigration Service but not the representative, sponsor or applicant at the initial submission for her Green Card but still permitted the applicant and sponsor to submit the documents and pay the fees for a Green Card. Its obvious that the Immigration Service acted in bad faith knowing full well that the applicant would be denied a Green Card. This agency of the Immigration Service operates solely on the fees that they collect to process Green Card applications. So the motivation to deceive is obvious. The normal fee for an attorney to fill out all the documents borders on $10,000.00 dollars. I charged nothing but I think the Immigration Service should pay the Sponsor (not the representative) the ten grand and waiver the ten year requirement.
Your consideration of this case is appreciated.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
There is no law saying USCIS has to pay for this, so I do not know what you are asking from us? If someone is going to undertake being a representative and not use an immigration attorney they are responsible for knowing the laws and the rules and they should have notified and informed the sponsor. In order to make USCIS pay or waive the 10 year requirement there has to be some law to allow for that, but there is no such law. So I do not understand what other information you are asking from us? Can you explain?
Customer: replied 1 year ago.
I would think as a layman that my government would be more honorable. Most immigrants coming to this country don't have the ten grand to hire an attorney. What I wanted from this website was a path to suing the Immigration Service and getting them to change this policy of generating money if they know on the onset that a Green Card will be denied.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Unfortunately, they can only do what the laws allow them to do. As there is no law allowing for what you are asking, they cannot provide it. You cannot legally sue USCIS for this, as they are a government entity and this is not a ground under the US Tort Claims Act that they have given consent to be sued over. This is why the USCIS tells people to get attorneys in the event they have questions or need assistance in filing and had an attorney been used before they filed, the attorney would have informed them of this. The attorney would not charge $10,000 just to review the case to determine if they had a case they could bring.