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What are the requirements of switching my immigration attorney in EB-5?

My immigration attorney helped me filed my I-526 petition in September 2015 and I am still waiting for a result. Unfortunately, he passed away recently. I assume that USCIS has records on who filed my initial application. If my I-526 gets approved and I need to file DS-260, I will have no choice but to switch to another immigration attorney, which could cause an inconsistency in my record with USCIS. Will there be any issues? Do I need to inform USCIS by the time I file DS-260 regarding the change?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    There is no problem. Your new attorney will need to file Form G-28 with National Visa Center to represent you in your consular processing case once your I-526 is approved. You may choose to hire an attorney right now to enter appearance on a pending I-526 to monitor the progress of the case and ensure you receive all notices and properly respond to them. He or she may also make case inquiries with USCIS since your case has been pending for a long time and appears to be outside processing times.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    That is not a problem. There should absolutely be no issue in switching attorneys. You should have your new attorney file a notice of entry of appearance with the USCIS and make sure all correspondence gets forwarded to him/her thereafter.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If your I-526 is still pending, you should select another attorney now who can enter her appearance, monitor your case and help you respond to any request for evidence; the same attorney can also handle your immigrant visa processing. 2015 is a long time and you should have heard something by now. Contact the office of the deceased attorney and ask them to send you an electronic copy of your files and return any originals you may have left with them.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There are no special requirements for changing attorneys. Go ahead and make the change now. This will allow your new attorney to have the information about your petition even before it is time to file DS-260.

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    Hoang Tu

    Immigration Attorney
    Answered on

    You can file the new attorney that will reverse sent you the G28. Thus, USCIS will know that you have a new attorney and send all corespondences to the office.

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    Robert West

    Immigration Attorney
    Answered on

    No, should not be a problem. You should request a copy of the file from who has the files. Maybe the state bar?

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You should obtain a new experienced immigration lawyer and have the lawyer notify the USCIS now. The government does not care who your lawyer is. There is no penalty for changing lawyers.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    There are no issues with switching attorneys. It is done all the time and USCIS does not need to approve a new attorney. At this time, you should make sure USCIS has your current address so you can receive notices from USCIS and NVC. If you retain the services of another attorney, he or she can file Form G28 with USCIS immediately so copies of notices are sent to the attorney's office.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    As long as your previous attorney's office will properly forward you the approval notice and NVC fee bills, you may always file with a new attorney with a new G-28 signed.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    So sorry to hear that. You may be able to have a new attorney file a G-28 (notice of appearance) while the I-526 is pending, so the new attorney will get notices. Either way, you should get any notices to the address listed for you as the applicant.

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