An F-1 visa holder in the U.S. is facing a serious legal setback because of their lawyer’s negligence. The student’s legal status is now in danger, and their life has been thrown into turmoil.
Lawyer Delays Green Card Filing
The student, married to a U.S. citizen, paid $4,800 to their lawyer to file the I-485 form. Instead of submitting it, the lawyer delayed the process, citing fears of a possible RFE. The lawyer also warned that responding to an RFE would require extra fees.
Visa Expired, Job Lost
The student’s F-1 visa expired in December 2024. With no valid status, they lost their job and can no longer work legally. Their pending green card application has only added to their stress and anxiety.
Homeless and Struggling in California
The couple is now homeless and struggling financially in California. Immigration experts quickly noticed that the student’s unemployment and homelessness could trigger an RFE related to the I-864 form.
What Is the I-864 Form?
The I-864 Affidavit of Support is a legally binding document. It proves that a U.S. sponsor accepts financial responsibility for a family member seeking a green card.
Experts Question Lawyer’s Conduct
Experts believe the lawyer acted unethically by not filing the I-485 on time. They advised the couple to file a formal complaint with the state bar association and request a full refund. Getting a new immigration lawyer was also strongly recommended.
Flaws in the Immigration Process
This case exposes a deep flaw in the U.S. immigration system. Applicants often depend entirely on lawyers, and when those lawyers fail, the consequences are devastating.
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