Is there nothing we can do?

[prettyjolie]

Hi, I don't know if this belongs here.. so I'm sorry if it doesn't.

My father has been in the US illegaly since 1996, so nearly 13 years.

Around 2003, he began to file (not sure what) so he could be employed in the US. I guess he was being sponsored by someone who owned a company, so that my dad could work for him. I guess he was going to get a work permit after leaving the US and the whole ban thing, living outside the US.

My dad got a lawyer, and everything seemed to be going well.
I don't know all the processes but appearantly it was going well and near being approved.
As I understand it, he had to be approved by different people or had to go through different approvals. The lawyer said it was nearly finished.
My dad even got a letter, and he was able to get a driver's license (though only for a year) with that letter in FL.
Well, a few months ago, the lawyer told us it was all over and that he had been denied. She hesitated to tell my dad why, but she (and her husband lawyer) finally admitted that they had denied it because she hadn't turn in or sent in something in time. The whole time, all these years, my dad would go see her to see how everything was going and to remind her of his case. He kept asking her if anything needed to be done and if there was a deadline. But her answer was always "no." My dad noticed that she was being very slow, but since he's not familiar with these things, he didn't do anything.

So now, his driver's license expires in less than a month, if it hasn't expired yet. I'm not sure.
He went to the DMV, but they didn't help, which he expected.

So what now?

Is someone going to come to the house to deport him? Is the rest of the family in danger? Is there anything he can do? Or is he screwed forever?

And what about this lawyer?
It's her fault. My dad paid her A LOT of money. She was never on top of the case, but she sure did keep track of making sure my dad was making payments.

Now, maybe she feels bad or something because she talked to my dad and told him that she didn't want him to think that she was only after the money. She told him it was an honest mistake. I think it's BS because if your being paid to keep track of someone's case and you're a lawyer, then you should be aware of deadlines. Oh, and she said that she would take my case (with applying for I-130 and I-601) for free or little charge (though I'm not sure which) to prove that she wasn't after the money.

He's totally lost and has no hope. And now, he's lost his job a few months ago.

PLEASE HELP. Thank you.

oh, and nobody filied anything for him or any of us before April 2001. =D

[Lupita]

:bump:

[Jardinera]

Seriously - I would not use her for the I-601, first of all. I mean, it's nice that she's offering free of charge, but I wouldn't trust them to be any better, and if you aren't going to do the waiver on your own, you need an attorney who is very experienced with waivers.

As far as what can be done for your dad, probably nothing. You guys could report them to AILA (American Immigration Lawyers Association) and I think your dad should ask for at least some of his money back. You could also report her to the local Better Business Bureau, or threaten that if they won't return some of the money.

Unfortunately, if nothing was properly filed, there's probably no way for your dad to adjust status now. It doesn't mean he or your family is any more likely to be deported though...

[prettyjolie]

Thanks.

Well, I am NOT planning on using her. NO WAY. I am really angry at what she did, and I want to do something about it.
My dad, of course, is afraid of getting in trouble for reporting her. But eventually, he's going back because it seems nothing can be done to fix his status, like you said.
So I'm going to talk to him and tell him to ask for at least some money back like you said.
I doubt he's going to do it.
But I don't know if there would be any negative consequences if I tried to do something about like calling her and demanding she give him some money back or reporting her.

It's not right that she did this to my dad. She ruined the one chance he had. It was all he had. He was rellying on her, giving her money any time she asked. He did all he could and so did his sponsor.

I am really, really pissed about it.

I also don't want this to happen to somebody else.
Everyone is always so afraid of reporting abuse because of their illegal status and most likely doesn't do anything when something like this happens to them.
If she did it to my dad, she'll do it somebody else.

Thank you for the names of where I can report her.

[Rivera519]

He is not going to get deported or in trouble for reporting this.

[Imp]

Jolie could you be a little more specific about what was filed for your father and what wasn't? Are you sure it was 2003 and not 2001?

[aleful]

ditto,

probably it was in 2001 under the 245i. if it was in 2003, he didn't qualify for a labor certification petition. he has to be legal at all times to quailfy unless he was protected by a law called 245i and payed a fine for EWI or overstay of his tourist visa.

[Imp]

That's exactly what I'm thinking, Aleful. if he was grandfathered under 245i and this process was a PERM (the labor cert being filed before June 30 2001) then although his PERM case is off track, once Jolie is a citizen, she can file for him- provided he hasn't left the country since getting 245i protection.

[dgman]

sorry to hear this happened. i dont really know what to do now. all i can say that when a lawyer is used they are acting on the clients behalf. some people think a lawyer is the way to go. but they need watched like a hawk. all is still the clients responsibility. when my wife wanted to use a lawyer, she insisted on one that spoke her language. the guy was kind of shocked when i told him what to do. he even said he would take care of everything and we need not worry. i told him no that will not happen. he was to contact me about anything that happens with the case. i want copies and transmittal dates of everythying. he said he didnt normally do that. i grabbed my wifes arm and started to leave. he asked "dont you want this case approved". he was shocked when i told him that if we go with him then he works for me. what i say goes. he just needs to tell me if it can be done and how. my wife begged me to hire him so i did. turns out that he didnt tell me all. he had even changed a good address to a non existant address. but i side stepped him and found out things before he did. he was pretty good about sending stuff to me but went on the defensive when i found his screw up. the screw up delayed my wifes app for almost a year and got my stepson denied. i was in time to save my wife petition but i had to refile for my stepson. watch any lawyer with an eagles eye. they are human too. they can screw up. check and double check everything they do. it is the clients responsibility. buit then some may ask why then do i need a lawyer. thats why i didnt use one after he screwed up. he even attempted to refile for my stepson. i laughed at him. i found out 3 months before he did about the denial. but how do someone choose a good one. who knows.