'Did your attorney or consultant 'disappear?'

Dear Attorney Gurfinkel:

A few years ago, my wife and I went to an “attorney” for help in processing our immigration papers. Although the attorney said that he could help us, we’re not quite sure how this was to be accomplished. Although we signed some forms, I’m also not quite sure what it was we were signing. 

Recently, I tried to contact that person, but the number was disconnected. We tried going to his office, but he is no longer located there. When I asked around, I was told he had gone out of business and back to the Philippines, after his office was raided by DHS and his files were seized, etc. Bottom line is that I can no longer locate him. What would you advise?      

Very truly yours,

 E.B.

Dear E.B.:

While the vast majority of attorneys are reputable, stable, and can be found or located, there are rare situations where an attorney (or especially a consultant), suddenly “disappears,” by closing their office, and/or cannot be found or reached. In those situations (where you cannot find your attorney or consultant), I think it is very important that you take active steps to insure that your situation will not be jeopardized or compromised. In some situations, person claiming to be an attorney may not actually be a real attorney, but instead an imposter, cheating you of your hard earned money. If that person has “disappeared,” it could be that, when filing your immigration papers with USCIS, that person gave his address for notices from USCIS to be sent. It could be possible that such notices were sent to that address. However, because that person had moved, they may have never received the notice, and, more importantly, never notified you that any such notice was sent by the USCIS. 

There have been many situations where requests for evidence, denials, or even notices to appear (NTA) were sent to the address given by that person. You may have even possibly been placed in removal proceedings and ordered removed in your absence, without you ever knowing it. Then, if years later, you find a legitimate way to legalize your status (for example through a true-love marriage to a U.S. citizen), that old removal order on your record could jeopardize your situation. 

That is why it is important that if your “legal representative” can no longer be found, that you seek the advice of a reputable attorney, who can evaluate your situation, and make sure that you are NOT in legal “danger.”

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