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CalAttorney2, Attorney
Category: Immigration Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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My attorney messed up my I 485 based on u visa what can I

Customer Question

my attorney messed up my I 485 based on u visa what can I do?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

I am sorry to learn about your visa matter.

While you do not give enough detail for me to guide you more accurately, I will assume that your application has been denied, but hopefully you have not yet been through the appeals process (USCIS does have an appeals process that allows you to petition for a review of the adverse decision). You can find an overview of how this works here:

Depending on what exactly is going on with your attorney (you say they "messed up") you can demand that they take care of the appeal on their own time/own dime (cover the costs of this appeal), as an alternative to any legal malpractice claim you may have against them.

If you have lost all faith in their ability to effectively advocate for you, retain a new attorney. It may cost more money, but if your current attorney is incompetent it can salvage your visa application.

You can try leveraging the errors by your current attorney to help pay for the cost of having to hire the new attorney (as I noted above, you may have a legal malpractice claim), but expect that you may have to end up paying this out of pocket as opposed to relying on this money coming forward - legal malpractice claims are complex and take a long time, but you can always demand it from the attorney.