If you are dissatisfied with your immigration attorney, you’re entitled to terminate his or her services and you’re entitled to reclaim your birth certificates, passport and all other documents.
Q. How can I go about terminating my lawyer’s services? My lawyer has been very delinquent in filing my immigration paper work. He cares more about the money than my case.
Mr. O’Connor, Brooklyn
A. Write to your lawyer asking for your papers back, saying that you want to end his or her representation. You have a right to all your original documents such as a birth certificate or passport. Moreover, you have the right to any product of your attorney’s work that you have already paid for, including completed forms. If you have paid for work that the attorney has not yet completed, you have the right to get your money back.
If you are not satisfied with your lawyer’s response, you can file a formal complaint. Learn how to do that at http://www.abcny.org/Public/HowtoComplain.htm/.
Q. After 11 years of marriage, can immigration try to take back my green card? After our many years together, my U.S. citizen husband petitioned for me and I got my green card in 2012. We separated more than a year ago, but still he petitioned for 19-year-old my son, his stepson. He went with my son to his green card interview and the examiner told him that I was just using him to get my son a green card. The officer gave him a letter saying that she is holding the case for review.
Name withheld, Miami, FL
A. It’s unlikely that immigration will try to take your green card away. After 11 years of marriage, it would be hard for immigration to prove marriage fraud. The way I see it, the fact that your husband is willing to petition for your son is evidence that the marriage was bona fide or “real.”
U.S. Citizenship and Immigration Service cannot use your separation alone as grounds to deny your son permanent residence. Even you were to divorce, the law allows your husband to petition for your son. A stepparent/stepchild relationship continues under immigration law even after separation or divorce if the stepparent maintains a relationship with the stepchild. A stepparent/stepchild relationship is created when a biological parent and a stepparent occurs before a child’s 18th birthday.
Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Send questions and comments to Allan Wernick, New York Daily News, 7th Fl., 4 New York Plaza, New York, N.Y., 10004 or email to firstname.lastname@example.org. Follow him on Twitter @awernick.
This article was sourced from http://newstimes360.com