Can my friend sue this idiotic immigration lawyer?

Reply Wed 23 May, 2012 02:22 pm
So my friend is in a conundrum. He came to America legally under his dad who is a software engineer, and the first company lost some paper work in the green card process, so they had to start all over again. They even contacted senator Robert Byrd at this fowl play, and all the company managed was a 'sorry' and we'll try harder. So after 4 years with this company on H1 visa, and seeing that it got them nowhere, they switched company.

Now this new company hired him under an 'advertisement' saying that they need a 4 year equivalent American Bachelors degree in order for them to be hired. Well in India, bachelors degree were 3 years in the 1980's because the extra one year of general ed course is added one extra year to the high school year.

So this paper work grinds on for 5 years, they get workers permit, then they get a SSN number, but in the I-140/I-145 processing the government denies the paper work due to a discrepancy.
The problem was that when the company applied for my friend's dad's green card, in the paper work, the lawyer didn't tick off that the 3 year degree of the employee (my friend's dad) is equivalent to a 4 year American Bachelors degree.
I mean just one mistake and it's all over.
The government or USCIS send a request for evidence due to the discrepancy, and this was to be replied within 15 days.
The company got scared, that they might be sued due to 'false advertisement' since they didn't follow through with their employee hiring advertisement, and didn't reply.

So my friend has been here legally for 11 years in the USA, his dad payed SSN tax for those 11 years, having a six figure income, and now after the 15 days time period of replying to Request for Evidence, they become undocumented or crassly speaking illegal aliens.


Can they sue the immigration lawyer and the company for such a silly mistake that cost my friend's family unnecessary hardship?

Are there any attorneys in this forums who know what the best course of action is for such a miserable circumstance?
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Val Killmore
Reply Wed 13 Jun, 2012 09:39 am
How rich is your friend's dad?

I know a similar case in Texas, he was from Bangladesh. The government doesn't really care about these situation cause they get tons of cases, and frankly they could care less.

What their family did was invest 1 million dollar (purchased a 24/7 grocery store) and hired 5 people, and applied for a business visa.

If your friend's dad is willing to invest equal or upwards of 1 million dollar and make jobs in American soil, they can easily switch visas, and stay legally. The American Government actually encourages such businesses.
This was five years ago, now they have purchased 3 more grocery stores, and making good dough.

I don't know if they can sue, but it'll be just a waste of money even if they'll win the case.

Reply Thu 14 Jun, 2012 07:32 pm
@Val Killmore,
It seems that their company is willing to pay all fees related to travel expenses back to India, as well as any expenses while there for a year while living there.
They also put him in some manager position in one of their outsource network in India.

So I guess, even if they are kicked out, they're looked well after by this company (who fears of some legal issue I'm assuming). But it sucks that they can't continue here.
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