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i apply for my citizenship almost a year back..i passed my…

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i apply for my citizenship...
i apply for my citizenship almost a year back..i passed my test but was told to wait for my oath letter in the mail.so 6 months later i got a letter from immigration stating that my sponsor have giving a sworn statement saying that i have done a fraud and the tax figure have been changed and the job letter is fake..anyways later i did find out that the lawyers did change the tax figures from 90,000 to 150,000 and the sponsor knew bout this..but i never knew,now yesterday i have got other letter from immigration saying in- removal proceeding and i have to appear front of the judge.
Its going to be 10 years next year for my green card.when i apply for my green card my son and my daughter were minor and they got there green card with me. my son actually got his citizenship but they send the same letter to my daughter .what should i do and if my son sponsor for me can they link him back and find out how did he got his green card.and get him in this too.what can happen to me now..
Submitted: 8 years ago.Category: Immigration Law
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6/11/2010
Immigration Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 103,583
Experience: Private practice in several areas, including immigration
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Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



So are you saying that your attorneys changed up the paperwork that resulted in this mess?





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Customer reply replied 8 years ago
yes they did change the tax figures
Immigration Lawyer: Ely, Counselor at Law replied 8 years ago
There are TWO things you need to do here.FIRSTThis might be legal malpractice.

What you have to do is to file a grievance against the attorney at the state Bar. You may also sue the attorney for any damages her actions might've cased.

Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).

You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.

It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action: negligence, negligence per se, and negligent misprepresentation. Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.

If the hearing is by Judge (“bench trial”), the Judge decides. If the hearing is by Jury (“jury trial”), a majority of the Jury has to decide towards one way. Although a lawsuit is automatically set up to be heard as a bench trial, either party can request a jury trial. Defendants usually prefer a jury trial since it’s harder to convince a few minds, rather than one.

In the end, the Judge or Jury that decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation.

Know, however, that 85% of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. When you hire an attorney, make sure to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial). I can help you find an attorney in your area who specializes in these kinds of matters if you'd like.
SECONDUse a different attorney to file for a stay of removal based on these facts, and ask the Court to continue the case until your grievance against the first attorney is finished (that can take a year). Once the other attorney is found of wrongdoing, you can use the Bar ethics decision and/or the malpractice suit to overturn the removal proceedings and get you back on track.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



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