An immigrant who entered the US on an au pair J-1 visa is now facing a serious immigration crisis. The situation reportedly stems from incorrect legal advice given by their previous lawyer, which has put them at risk of a ten year ban from entering the United States.
The immigrant planned to change status to a B-2 visa or an F-1 visa before SEVIS termination. However, their lawyer filed a B-2 application that directly led to SEVIS being terminated. They were then wrongly advised to stay in the US despite the violation.
Because of this advice, the immigrant accumulated over 160 days of unlawful presence. Only after this period did the lawyer ask them to leave the country. This delay significantly worsened the legal consequences.
More damagingly, the lawyer did not seek approval for voluntary departure from an immigration court. Leaving the US without such permission can trigger an automatic ten year re-entry ban under federal law.
The situation worsened when the lawyer allegedly misled USCIS by claiming the immigrant left due to a family emergency. This false statement allows the court to issue a removal order in absentia, further complicating future immigration options.
Legal experts now advise filing a formal bar complaint against the lawyer. Judges often consider bar findings seriously and may acknowledge that the immigrant acted based on faulty legal counsel.
Despite this, reversing a removal order remains extremely difficult. The immigrant must carefully document all misinformation and alleged fraud by the lawyer. This is the only possible path to preserving any future chance of returning to the US.
