Montclair, NJ asked in Immigration Law and Legal Malpractice for California

Q: The person we have helping our mother prepare her immigration papers is asking us to see a psychiatrist.

So I'm petitioning for my mother to get her green card. The problem is that my father and her keep insisting on using people that aren't lawyers to save money. My father's divorce with his former wife, who he hadn't even seen in 30 years, took almost 2 years. Finally they took my advice and got a lawyer for the divorce and it got done in 2 months. They initially had some random lady doing it and now they have a paralegal that does it on the side, again, not taking my advice to get a lawyer. She's charging $3,500 and is asking me and my father to see a psychiatrist to say how devastated we would be if she got deported. She wants us to go to a specific psychiatrist.

I want to know first if this is common practice?

If it is should we go to the person she's re commending or find our own?

And, less importantly, is she overcharging us considering my mom's case is already almost halfway through the process?

Thank you.

2 Lawyer Answers
Stanley Dale Radtke
Stanley Dale Radtke
Answered
  • Immigration Law Lawyer
  • San Leandro, CA
  • Licensed in California

A: Sounds like your "notario" is working on an I-601A waiver. These are difficult to obtain and I agree that using an non-licensed amateur is risking a seriously adverse consequence if your mother is ordered deported and barred from any immigration benefit for 10 years.

Carl Shusterman agrees with this answer

Andrew Schach
Andrew Schach
Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: Thank you for your question.

While I always advise using licensed attorneys, your family should consider the permanent repercussions of having inadequate representation and incorrect advice.

Further, the strategy behind what to file and how, are dependent upon specific information behind your mother's application. Therefore, I am hesitant to offer specific feedback as to the strategy you are currently being offered.

I would suggest speaking with an immigration attorney. Many immigration attorneys offer free consultations to review your information and provide you with options, along with a quote to perform those services.

Carl Shusterman agrees with this answer

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