Can I hire another immigration lawyer to help me with my change in status? 7 Answers as of February 01, 2011

I applied for my citizenship and got rejected hired a lawyer to appeal 8 months ago and my lawyer says the immigration office lost my file I have been waiting for the past 8 months I am not happy with my lawyer she was recommended to me but I regret hiring her can someone help me take care of my immigration matter.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
We would be happy to assist you. Are you currently a permanent resident? In most cases this is required for a certain number of years to apply for citizenship unless you can derive citizenship automatically from a parent. You also mention change of status which is typically done from one nonimmigrant status to another such as from visitor to student. The information you are getting from your lawyer sounds wrong. Even if USCIS "lost" your file any reputable attorney office would have a copy of the filing and proof of delivery with USCIS.

I would want to analyze the "rejection" to see what occurred to see whether a better strategy would be to re-file when clearly eligible or appeal if USCIS has cited the wrong regulation or statute. You have some conflicting terms in your description of what transpired so a consultation would be best to sort these out. If possible request a complete copy of your file from your current attorney (You do not need to say why yet) and indicate you would like this for your records. If you would like to consult with me on your options, contact me as indicated below to schedule a consultation and once we have a strategy we can advise on procedures, documents, and fees. We do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for work thereafter.
Answer Applies to: California
Replied: 2/1/2011
Hugo Florido ESQ.
Hugo Florido ESQ. | Hugo Florido
You can change an Attorney at anytime you are not satisfied with the service of that professional.
Answer Applies to: Florida
Replied: 1/26/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
Yes, of course you may hire another lawyer to assist you. Have your present lawyer resign, with a special paper to the USCIS file that another lawyer will now represent you. (This paper is called a "substitution.") Your new lawyer will then fill out a G-28 and send it in.

It is possible that the immigration office lost your file. That happened to me a few years ago, while I was representing a client in Immigration in Seattle. That's why you keep a copy of your own file and the receipts for your payments. In my client's case, USCIS had even changed the filing fee, but since I had proof of payment of the original fee, USCIS had to honor it.
Answer Applies to: Washington
Replied: 1/25/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Of course. Yo are the petitioner. You get to choose your own lawyer. If you are in South Florida, you are welcome to contact us.
Answer Applies to: Florida
Replied: 1/25/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
Yes. When you find another attorney, please inform your previous attorney. The new attorney may be able to resubmit the file for reconsideration. Good luck.
Answer Applies to: Texas
Replied: 1/25/2011
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    You have the right to hire another attorney to represent you. You should request a copy of your file from your current attorney so you can show it to the new attorney. Immigration is a very complicated body of law and you should make sure whoever you speak with is an experience immigration attorney that handles you type of matter.
    Answer Applies to: California
    Replied: 1/25/2011
    Javia & Moore
    Javia & Moore | Marisa-Andrea Moore
    Yes, you can hire another lawyer to assist you.
    Answer Applies to: California
    Replied: 1/25/2011
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