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How many attorneys can I have on my EB-5 case?

Can an EB-5 case have two attorneys of record? For example, if Attorney A files my I-526, can Attorney B file an RFE response for me? And if I decide to use another lawyer after that, will there be any problems with the processing of my application?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    Due diligence in choosing an experienced immigration attorney may allow you to keep the attorney throughout all the processes. However, you have the legal right to chose a different attorney for different stages of the EB-5 process. Having different attorneys will not affect you obtaining the full unconditional permanent residency.

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    Xiaosheng Huang

    Immigration Attorney
    Answered on

    You can choose your attorney at any stage.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    A new attorney can file for each process, filing a new notice of attorney of record for each, but each new attorney will have to learn the facts of your case for each new process.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may certainly have different attorneys represent you in each stage of the case, i.e. one for the initial I-526 filing and another for preparing a response to the RFE. Generally, a new attorney will need to file a G-28 to enter representation with USCIS.

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    Margo Chernysheva

    Immigration Attorney
    Answered on

    Yes, you can have different attorneys do different parts of work for you at different stages. However, there will be one attorney/firm of record for your case at any given point. Hence, the attorney of record would change from one who filed your original I-526 to one who answered your RFE to the next one and they need to file a G-28 with USCIS for that purpose. Please note, changing may present a challenge with information being transferred properly from one attorney to the next, so doing so without a real reason is usually not recommended.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Usual practice is to have only one attorney of record at a time, but you could have one attorney represent you for the I-526 petition and a different attorney represent you in responding to a request for evidence. There should not be any problems with processing your petition as long as your current attorney submits a properly completed and signed original Form G-28. USCIS will update its records with the current attorney's information.

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    Charles Foster

    Immigration Attorney
    Answered on

    Actually, you can use more than one EB-5 attorney. Your second attorney, who prepares the RFE response, will also have to enter a Notice of Appearance on Form G-28. As a practical matter, he will be deemed to have replaced Attorney A, although the G-28 could be filed in such a way to shows that he or she is filing as co-counsel. If you decide to use another lawyer after that, you are free to do so and again, that lawyer would have to enter his own G-28 Notice of Appearance.

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    John J Downey

    Immigration Attorney
    Answered on

    You may switch lawyers, but each will have to file as your representative. Confusion may ensue if the previous attorney does not file a Notice of Withdrawal.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There is no limit to the number of attorneys you can employ on your case. However, it is preferable that only one should be treated and recognized as the attorney of record for each phase of the application purposely to avoid confusion.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can have as many lawyers as you want; generally USCIS likes to recognize the latest filed G-28, but you could switch daily.

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    Peter Zhang

    Immigration Attorney
    Answered on

    You can switch your attorney as you please as long as your attorney updates their G-28 with USCIS.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You are allowed to change attorneys at any time.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Only one G-28 Notice of Entry of Appearance as Attorney is recognized by USCIS for providing correspondence, etc. As such, if you wish for Attorney B to represent you for the RFE response, Attorney B should enter his/her appearance, and Attorney A should notify USCIS of withdrawal as attorney.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    You can use as many attorneys as you want. Your best option, however, is to hire the best immigration attorney.

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