If I feel that the lawyer have been too complacent and have not worked aggresively on my case causing me to overstay my visa, can i appeal and still be given retroactive validity of my stay?I do not want to leave the country without clearing it up but I do not want to be subject to deportation either.Can i appeal with USCIS if i feel that i have been given faulty legal advice by lawyer?
No the legal advice you accept is on you. That's freedom my friend. You're free to do good with your life. But you're also free to do bad. lt's up to you to make the right choices. Be a man about your decisions and face the consequencesCan i appeal with USCIS if i feel that i have been given faulty legal advice by lawyer?
Just claiming that you received ';faulty legal advice'; may not be enough. Did you follow the procedure below?
';In Matter of Lozada, supra, at 639-40, we set forth the procedural requirements for a claim of ineffective assistance of counsel, noting that they were necessary to provide a basis for evaluating the many claims presented, to deter baseless allegations, and to notify attorneys of the standards for representing aliens in immigration proceedings. First, we held that the alien must submit an affidavit detailing the agreement that was entered into with counsel with respect to the actions to be taken and the representations counsel
made or did not make in this regard. We also stated that the alien must inform counsel of the allegations of ineffective assistance and give him or her the opportunity to respond.
Finally, we concluded that the alien must file a complaint with the appropriate disciplinary authorities, such as a state bar,
with respect to any violation of counsel鈥檚 ethical or legal responsibilities, or adequately explain why no filing was made. In addition to these requirements, an alien alleging ineffective assistance of counsel must also show that he or she was prejudiced by the actions or inactions of counsel.';
This is what the Board of Immigration Appeals has said about ineffective counsel. Source(s) Matter of Lozada, 19 I%26amp;N Dec. 637 (BIA 1988), aff鈥檇, 857 F.2d 10 (1st Cir. 1988)
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