Did your immigration lawyer make a costly mistake in your case? If you found out too late that you were stuck with a bad lawyer, there still is a chance that you are not stuck with a bad case result. If your lawyer missed a deadline, filed papers incorrectly, or did not fully tell you your legal options, these are some of the ways that your lawyer may have given you "ineffective assistance of counsel". The good news is that you probably have legal options to fix this problem and to undo the harm a sloppy lawyer has caused.

So what exactly is "ineffective assistance of counsel"? This refers to the fact that someone who is in immigration court or is going before the U.S. Citizenship and Immigration Services (USCIS) has the right to competent legal representation. If your attorney falls woefully short of this requirement, and this ruined a case you should have won, then your legal right was not fulfilled. A lawyer who misses a deadline is an obvious example. Say for example that your asylum petition is denied because of unreasonable delay. If your lawyer had failed to file the necessary paperwork in time, then he or she is clearly at fault. If your lawyer committed fraud on your application, then this also would equal ineffective counsel. Also, if a lawyer does not fully explain what it would mean for you to plead guilty or no contest to a criminal charge, then you may be able to get your immigration case reopened because of ineffective assistance of counsel. This would be true though only if your criminal case is not yet finished.

Here is what incompetence is not. First of all, getting your case denied is not necessarily your lawyer's fault. As a lot is left up to the decisions of immigration judges and officials concerning your application, a lot of this process is out of your lawyer's hands. And even if he or she did make a mistake, it does not automatically mean that this error is to blame for a denied application. (It is possible for some mistakes to lead to a refund of your money at least.)

But what if your lawyer was not even a real lawyer? A notario, or "immigration consultant" is not actually licensed as a lawyer. Perhaps this consultant committed a crucial error on your case, or maybe they even demanded a great deal of money from you in exchange for immigration benefits that you are not even eligible for; this could even lead to your entering the deportation process. Now if you knew that this consultant was not a lawyer, then you cannot ask for a reopened case because of ineffective assistance. But if this consultant told you that he or she was a lawyer, then you could ask for a reopened case because of ineffective assistance.

If you have suffered from ineffective assistance, then it is imperative that you find an excellent immigration lawyer as soon as possible. You do not want to be on your own in immigration court, now more than ever. If you go to a knowledgeable immigration attorney, then they should be able to find out where your first lawyer made mistakes, know what to do about them, and determine whether or not your first lawyer was actually licensed or not. You have to consult a better lawyer as soon as possible, otherwise important deadlines could pass you by, meaning that you cannot get your case reopened.

If you are unsure whether your case has been harmed by ineffective assistance, or you need help getting your case reopened, consult an experienced immigration lawyer today!