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I wanted to ask if anyone had experience in a lawsuit against their immigration lawyer for malpractice.
In very short summary, our lawyer advised (in writing by email) that it would be OK for me to temporarily depart from the US for a business trip before I received advance parole pursuant to an AOS application and spouse-based permanent residency petition. He said that my wife would be able to courier the card to me before I planned to return to the US. Of course, we now know this advice was completely wrong and I am now stranded outside the US with advance parole heading for denial and having to start my process all over again on an offshore basis through consular processing.
As well as being separated from my family (all USCs), including 2 young kids, and home, this is hugely disruptive to my efforts to start a new business and significant financial burden given I don't have any home outside the US anymore. Not wanting to make too much of a sob story out of it, but i was also supposed to be home for Xmas, while my wife is struggling to care for herself and kids who suffer from several medical conditions, furthermore my wife's symptoms are exacerbated by the upcoming winter, having to shovel snow by herself etc...
I acknowledge we made a mistake that should have been avoidable, although since we did so completely in reliance on our lawyer's advice, has anyone heard of successful claims against their lawyers or have any view on courses of action to at least try to recoup some of the financial loss? Of course, and most frustratingly, any action will not resolve the massive dislocation our life has suddenly been hit with. I do however, have some time on my hands...
In very short summary, our lawyer advised (in writing by email) that it would be OK for me to temporarily depart from the US for a business trip before I received advance parole pursuant to an AOS application and spouse-based permanent residency petition. He said that my wife would be able to courier the card to me before I planned to return to the US. Of course, we now know this advice was completely wrong and I am now stranded outside the US with advance parole heading for denial and having to start my process all over again on an offshore basis through consular processing.
As well as being separated from my family (all USCs), including 2 young kids, and home, this is hugely disruptive to my efforts to start a new business and significant financial burden given I don't have any home outside the US anymore. Not wanting to make too much of a sob story out of it, but i was also supposed to be home for Xmas, while my wife is struggling to care for herself and kids who suffer from several medical conditions, furthermore my wife's symptoms are exacerbated by the upcoming winter, having to shovel snow by herself etc...
I acknowledge we made a mistake that should have been avoidable, although since we did so completely in reliance on our lawyer's advice, has anyone heard of successful claims against their lawyers or have any view on courses of action to at least try to recoup some of the financial loss? Of course, and most frustratingly, any action will not resolve the massive dislocation our life has suddenly been hit with. I do however, have some time on my hands...
