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What are my options if lawyer didn't submit a mandatory form?

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  • What are my options if lawyer didn't submit a mandatory form?

    Hi,

    In nutshell, I applied for a self-petioned NIW green card through a lawyer I hired. In the beginning I could choose between two payment options: option1 would be cheaper but if I get an RFE he charges me; option2 would be more expensive but includes RFE handling by him. I chose no-RFE (option1). He prepared my case and submitted it. After waiting 8 months, I received an RFE that listed 3 requirements, one of those was that "the petitioner failed to submit Form ETA-750B, Statement of Qualifications of Alien, or Application of Permanent Employment Certification, Parts J, K and L. Therefore, Please submit Form ETA-750B, or Form ETA-9089, Parts J, K and L." He did not submit the form he should have. I hired him to do what a lawyer has to do but he did not submit a mandatory form. (As a side note, I fired him and hired another lawyer who fixed my RFE and got my GC since).

    What are my options? Is there any legal aid I can use to get back my money? I payed for him for a service he promised me to provide but he did not provide. He should have known what are the mandatory forms he needs to submit for any case he accepts money for, but he failed to provide the service (intentionally or not intentionally - even though I do have an opinion on this, I try to stay completely objective).

    If this topic doesn't apply here, can you point me to the right direction?

    Thanks.

  • #2
    I would just stay calm and ask them to help, since it was a mistake from their end.
    Going to consumer forums and court will waste your time. Remember, they're lawyers who are very familiar with the laws in this country.
    Getting frustrated and angry on them will only make matters worse and you will probably not get help from them.
    Just get their help in filling out the missing forms and submit the RFE asap.

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