Strange situation... $1000 question ?

[mmm_2000]

What is the name of your state? California

I'm helping a relative...

She came in US on a J1 visa and she went out of status a couple of years ago. She finally found a "great guy", citizen and she married him only after a couple of weeks. He said he is going to help her get her residency. She got an attorney to help her with the petition. A couple of days after she payed the attorney $1000 (that's his one time upfront fee for guiding her through the entire process) she found out that her husband was in fact a drug addict and he went back to jail for a couple of months. She then filed a divorce and got it after less than a year.

Her question:

1. Is she entitled to get back the $1000 that she paid to that attorney ? She is divorced now and can't apply for a green card so she won't need that lawyer no more.

She didn't filed any paperwork. All the attroney did for her is "spend" about 15 minutes with her at their first and last meeting when he asked her to pay the entire fee of $1000 upfront and in the contract (there is one) says that the fee is non-refundable ! She wrote him a check. He never returned her calls after he found out that she is going to divorce and not go with the petition.

2. Does she have any chances to get her money back in a small claim court ?

3. She is now an illegal immigrant, can that attorney get her deported by telling INS her address, if he gets sued?

She worked really hard for those money...

Thank you

 

[Shay-Pari'e]

mmm_2000
Junior Member Join Date: Dec 2004
Location: California
Posts: 2

Still no complete answer for my situation...

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What is the name of your state? California

This message comes from a friend (who doesn't know much about forums on internet, so I helped him out).

He came in 2002 on a 6 months J1 visa. He decided to continue the college in US so he applied for a F1 visa. He also got a waiver for the "2 years return to his country requirement". He never went to school and he stoped following up the F1 visa process. He works now and he plans to marry a green card holder.
I know he cannot get any benefits (no green card, no work permit, no school tuition, no travel to outside of US) until she becomes a citizen, so she can petition for him.
His questions :

1. What will be his status now ? I think he is no longer in a pending F1 status. J1 status expired. Is he going to have a legal status after he marries the green card holder ? Or is he going to be put on deportation if INS find out his address?

2. What is your advice ? Should he keep on staying in the "dark" until she gets her citizenship ?
What are his options ?

Please help ! I coundn't find an answer in the other postings...

 

[AHA]

Do everyone a favor and close your idiotic threads!!!!!!!!!
We don't aid criminals here!

 

[mmm_2000]

AHA, we don't live in a perfect world...

*********************************************
Do everyone a favor and close your idiotic threads!!!!!!!!!
We don't aid criminals here!
*********************************************

So you are saying that I'm an idiot because I'm trying to help some desperate people....
Do you realize that those "criminals" are in fact very smart people who came in US to follow the american dream not because they want more money.
Do you have any clue about what's going on in their countries ?
I guess you don't. You do not know that in those countries the human rights are not respected and people are being sent to jail for no reason. Right ?
You had no idea !
My parents came from one of those countries many years ago and I, as an american citizen, I don't feel any threat from these people.
Do you ?
All they want is freedom. But you can't understand that... Don't judge people if you don't know their story of life.

 

[I AM ALWAYS LIABLE]

*********************************************
Do everyone a favor and close your idiotic threads!!!!!!!!!
We don't aid criminals here!
*********************************************

So you are saying that I'm an idiot because I'm trying to help some desperate people....
Do you realize that those "criminals" are in fact very smart people who came in US to follow the american dream not because they want more money.
Do you have any clue about what's going on in their countries ?
I guess you don't. You do not know that in those countries the human rights are not respected and people are being sent to jail for no reason. Right ?
You had no idea !
My parents came from one of those countries many years ago and I, as an american citizen, I don't feel any threat from these people.
Do you ?
All they want is freedom. But you can't understand that... Don't judge people if you don't know their story of life.

My response:

If everyone could have the "American Dream" then the whole world would be America. But, it isn't. We don't have room for everybody. Help them make their own country better. We are all dealt certain cards in life. We have ours, and they have theirs. Life is tough sometimes, and their parents shouldn't have had children if their country is that bad.

I have no sympathy. I couldn't care less.

To all foreigners: We don't want you here. Make your country better, and do something with what you have instead of running away. We worked hard to make America what it is today. We didn't work hard for YOU!

IAAL

 

[mmm_2000]

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To all foreigners: We don't want you here.
*****************************************

Whole America is made of immigrants ! The only people who have the right to say they are the REAL AMERICANS are the native americans. They've been living here for thousands of years, or maybe more. Some of them are extinct beacause of the British and Spanish immigrants who came with guns and killed them all...
If you ,"JOHN DOE", consider yourself a 100% american you may be wrong. If not your parents or your grandparents, maybe your grand-grand parents were some poor immigrants who came from Europe or Asia on a beat up boat and landed somewhere on the California coast because they heard that here there is a lot on gold !

I know the history can change a country very much but please, don't say that America should close it's doors to the immigrants.

That's how your ancestors, "JOHN DOE", came in this country in the first place !

 

[I AM ALWAYS LIABLE]

*****************************************
To all foreigners: We don't want you here.
*****************************************

Whole America is made of immigrants ! The only people who have the right to say they are the REAL AMERICANS are the native americans. They've been living here for thousands of years, or maybe more. Some of them are extinct beacause of the British and Spanish immigrants who came with guns and killed them all...
If you ,"JOHN DOE", consider yourself a 100% american you may be wrong. If not your parents or your grandparents, maybe your grand-grand parents were some poor immigrants who came from Europe or Asia on a beat up boat and landed somewhere on the California coast because they heard that here there is a lot on gold !

I know the history can change a country very much but please, don't say that America should close it's doors to the immigrants.

That's how your ancestors, "JOHN DOE", came in this country in the first place !

My response:

What a bunch of crap!

That was then, and this is now. Times change. You and your friends were born in the wrong century. The doors to the United States are closed. We don't have the room or resources any more. You're not welcome here.

To all foreigners: We don't want you here. Make your country better, and do something with what you have instead of running away. We worked hard to make America what it is today. We didn't work hard for YOU!

Come and "visit" if you want. But, go home when you're done.

IAAL

 

[tiflo]

What a shame

What a shame to read such things in a forum where people seeking help.
As a lawyer your duty is to help and advice not to give us that crap....

 

[I AM ALWAYS LIABLE]

What a shame to read such things in a forum where people seeking help.
As a lawyer your duty is to help and advice not to give us that crap....

My response:

The only "shame" is that you don't agree with me, as you should.

Where the hell did you get the idea that I owe you, or anyone, a duty? You're not my client.

If you're a foreigner, you need to leave this country. There are citizens of THIS country that need what you're using.

IAAL

 

[tiflo]

sorry mister "I am a super lawyer partner that thinks is smart".
when you sign up with this website, you have a duty of advicing. May be as a good American you should learn how to read....
You can post your hatred mail somewhere else....

 

[I AM ALWAYS LIABLE]

sorry mister "I am a super lawyer partner that thinks is smart".
when you sign up with this website, you have a duty of advicing. May be as a good American you should learn how to read....
You can post your hatred mail somewhere else....

My response:

I have a "duty of advicing"? Where does it say that? Where did you learn to write such not so goodly English?

IAAL

 

[mmm_2000]

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I have a "duty of advicing"? Where does it say that? Where did you learn to write such not so goodly English?

IAAL
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Mr. IAAL why are you on this forum anyway ?

This forum is ONLY for these 2 categories of users:

1. People who post a message because they need a legal advice.
2. Users who are kind enought to HELP them (not harass them, like you do) with an answer to their problem or a recomandation that would help them.

If you can't HELP them with an answer, please do everybody a favor and don't post anymore !

 

[I AM ALWAYS LIABLE]

My response:

All because I'm saying things that you don't like, doesn't mean I'm not "helping". I'm helping you to decide to tell your friends to stay out of my country, and to stay in theirs to make THEIR country a better place.

We don't want you here.

Wouldn't you rather read about the real truth? Our country is closing, or has already closed. Do you want to know why? Because of 9/11 and the fact that foreigners keep bombing us!! We try to be nice to you people, and you turn around and knife us in the back!

We don't trust you. We don't want to have to worry about our families and friends. We're tired of you foreigners. We have HAD IT!!

IAAL

 

[Happy Trails]

********************************************************
I have a "duty of advicing"? Where does it say that? Where did you learn to write such not so goodly English?

IAAL
********************************************************

Mr. IAAL why are you on this forum anyway ?

This forum is ONLY for these 2 categories of users:

1. People who post a message because they need a legal advice.
2. Users who are kind enought to HELP them (not harass them, like you do) with an answer to their problem or a recomandation that would help them.

If you can't HELP them with an answer, please do everybody a favor and don't post anymore !

You already have been told what to do. Have her take the guy to small claims court and explain the whole situation to the Judge.

 

[AHA]

Smart people follow the law, get the relevant visa for what they are planning to do in the US and smart people don't violate that visa. For example, if someone is allowed to enter the US on a student visa, why be stupid and ignore having to be a student? If someone doesn't comply with what they were issued a visa for, then they don't have the right to be here, regardless if they come from a poor country. Immigration fraud/violation might not as serious a crime as murder, but it's still a crime, no matter how you sugar coat it.