Brooklyn, NY asked in Immigration Law for New York

Q: Can I send my RFE myself instead of giving them to my lawyer ?

Hello , I was asked to submit RFE from USCIS for my I-485 application . I have my medical done and all evidence ready and my lawyer said to just add notarized letter and RFE is good to go. I’m waiting on people to notarize affidavits. Last time I saw my lawyer myself (without my husband , for the first time) I didn't have good experience and he made some hurtful remarks. I read some reviews of him online now , some people mentioned he lost their papers or didn't send the forms on time, so I am very nervous. He also sent my initial application a month after we gave him. So I was wondering if I could just send the evidence through a FedEx or UPS myself and cut the middleman. Is it okay to do that ?

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4 Lawyer Answers

A: In general, you have the right to communicate directly with the USCIS regarding your immigration case, and you can certainly send your RFE response directly to them without going through your lawyer. However, it is important to ensure that you provide all the required information and documentation and that everything is submitted within the given deadline. If you decide to send your response on your own, make sure to keep copies of all the documents for your records and to confirm receipt of the package by USCIS.

Given your concerns about the quality of service provided by your lawyer, you should consider hiring a new lawyer or seeking assistance from a non-profit organization that provides legal services to immigrants. Before making any decisions, it may be helpful to schedule a consultation with another attorney to discuss your options and review your case. Remember that it is always better to work with an experienced immigration attorney.

Peter J. Weinman agrees with this answer

A: Immigration law issues aside, which are best left to the immigration attorneys on this forum, the general matter of discharging an attorney is a personal decision. However, as a general point for any type of legal case, it should be done properly to prevent misunderstanding, confusion, or the potential for billing disputes. If someone is going to discharge an attorney, or if an attorney is going to withdraw from representing a client, the parties should both be unequivocally clear about the termination of the attorney-client relationship. Good luck

A: You can reply to the RFE by yourself if you wish.

James L. Arrasmith
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Answered

A: Yes, you have the option to submit the RFE (Request for Evidence) response yourself instead of relying on your lawyer to do it. As the applicant, you have the right to communicate directly with USCIS regarding your application.

However, before doing so, you should carefully review the RFE notice and any instructions provided by USCIS to ensure that you are providing all of the necessary documentation and information requested. It's also important to follow the proper submission procedures, including submitting the response within the specified time frame and to the correct address.

If you have concerns about your lawyer's performance or professionalism, you may also consider seeking a second opinion or consulting with a different immigration attorney. It's important to work with a lawyer who is knowledgeable, experienced, and trustworthy, and who can effectively advocate on your behalf throughout the immigration process.

Ultimately, the decision to submit the RFE response yourself or through your lawyer is up to you. Just make sure that you understand the potential risks and benefits of each option, and that you take appropriate steps to protect your legal rights and interests.

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