Many Chinese immigrants in the United States face challenges when applying for legal status, often falling victim to irresponsible agents. This leads them to seek help from experienced lawyers who they hope can guide them through the complex process. However, the legal industry is also rife with incompetence, and even with a competent lawyer, there are risks of financial loss and missed opportunities. Mr. Wang and his family from Los Angeles experienced such setbacks.
Mr. Wang and his family arrived in the U.S. on visas, and later his parents crossed the border in November last year. According to the immigration policy of the Trump administration, which follows the principle of “last in, first out,” his parents quickly received a court date, set for April 1st this year. His father, aged 70 and disabled, and mother, aged 60, were facing this crucial hearing.
On the day of the court hearing, a mishap occurred. The judge requested their presence in person, yet their lawyer mistakenly informed them to attend a virtual meeting. While waiting online, the parents heard the judge mention their names, only then realizing they were supposed to be physically present. The lawyer’s apology didn’t change the fact that they missed the chance, as they couldn’t make it to the courthouse in time.
Upon their return home, they learned that a deportation order had been issued. Despite acknowledging the lawyer’s mistake, Mr. Wang chose not to blame him but hoped for better performance in the future.
However, the subsequent services provided by the lawyer left them dismayed. In response to the deportation order, the lawyer filed a motion, attributing the delay to the father’s mobility issues but failing to address his own responsibility for the misleading instructions. This vague explanation led to the motion being rejected by the judge in mid-June.
The family was in distress. The lawyer informed them that it would take about two years to process the deportation order, a significant delay. To their surprise, just over half a month later, they received a call from immigration authorities requiring the mother to report in-person, raising concerns of possible detention, given recent instances of arrests during such appointments.
In a rush to rectify the situation, they sought assistance from another lawyer affiliated with a non-profit organization. This new lawyer promptly submitted a motion explaining the previous lawyer’s negligence. The court granted them another chance, offering a new hearing, providing a glimmer of hope for Mr. Wang and his family.
During the hearing in June, despite their apprehension, the session abruptly ended after five minutes. The reason cited was that the previous lawyer had already filed an appeal, and the case was deemed to be under the jurisdiction of a higher court or appellate commission. With this turn of events, they lost yet another opportunity.
Realizing their former lawyer had lost the right to represent their case since May 10th, Mr. Wang questioned why the appeal was made on his mother’s behalf in June. He believed it was a mere attempt by the lawyer to save face, leading to the missed chance for a second appeal.
Upon reviewing the application documents prepared by the previous lawyer, Mr. Wang found numerous errors, including gender, dates, and addresses, totaling over a dozen mistakes. Appalled by these oversights, he promptly sought a new legal representative.
Mr. Wang lodged a complaint with the California Bar Association, expressing the significant impact of the lawyer’s negligence on their family. He emphasized the stress caused by these errors, particularly for his elderly mother. Furthermore, the lack of an apology throughout the ordeal left him disheartened.
Both of his parents were former public school teachers in China who faced repercussions due to violating the previous one-child policy. Mr. Wang believed his mother was entitled to asylum in the U.S., considering their circumstances and the financial losses incurred due to legal fees.
In response to Mr. Wang’s ordeal, Dr. Zheng Cunzhu, a legal expert at the Los Angeles Global Law Firm, advised new immigrants to carefully assess a lawyer’s service quality before engagement. He stressed the importance of clarifying terms in contracts and ensuring that lawyers adhere to agreed-upon terms; failure to do so should result in a refund of corresponding fees.
Dr. Zheng highlighted the strict regulation of attorney qualifications in the U.S., noting that repeated reports of service quality issues or found responsibilities could lead to license revocation.
He further recommended that immigrants thoroughly investigate a lawyer’s background and client feedback before engagement and to not solely rely on the attorney but actively monitor the case progression. Seeking a second opinion or legal advice can be beneficial should there be concerns or suspicions of errors or deceit, enabling timely remedies if necessary.