Legal Question in Immigration Law in California

I hired a lawyer for my visa application to work in the US. I paid for the lawyer fees while the company I worked for paid for the visa application fee ($2400) to the INS. The lawyer cashed the companies check in order that the INS was suppose to cash a new check from him. In April 2013 the lawyer filed my visa application to the INS but the application returned together with the $2400 application fee (annual visa cap was reached). The lawyer kept the fee to in order to apply for the visa next year. Now the company I worked for in bankrupt. Can I claim this fee now, although my lawyer received that money from my employer that is now bankrupt? Thanks

Asked on 9/06/13, 6:21 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

It is improper for an attorney to retain USCIS filing fees for a rejected H-1B visa.

However, an attorney's fees for preparing & filing the case are usually nonrefundable. If he did indeed prepare & file your case, then I do not see that you have a civil action against him to recoup the attorney's fees.

As for the filing fees, if the company paid the fee (which they should have), then it is up to the company to recoup the filing fees in small claims court.

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Answered on 9/09/13, 11:14 am

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