Complaints

• Initial Complaint

  11/04/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  We hired Mr. ********************** to file the petition for permanent residence of our adopted son **** Matthew ************ happend around May 2024. We paid him by check for $2750 on May-13th-2024.Until now we received one email from Mr. ********************** which enumerated the various ways a person can file for permanent residency, ignoring that the most applicable way is that we adopted him.We never talked to Mr. ********************** on the ******** son is in the US on a student **** and he is studying nursing on the community college ********* far as I know Mr. ********************** did nothing to further the task he was hired for.We often tried to contact him, via the phone and via email.Contacting him by phone was impossible.

  Business response

  12/04/2024

   Respectfully to *** and Mrs. ***** and Pinky  ******** , **** ******* ******* and BBB c/o ****** ******

   

  Case History 

   

  On April 29, 2024 at *** ***** Foelsches   ( Client ) request, this firm accepted his proposal to provide services in connection to an application for a green card for **** ******* ******* the adopted son of Client and ***** ********

   

  Subsequent to the acceptance based on Clients representation n of the facts involved surrounding  ***  Alvarezs immigration status. It was for the first time ---revealed that ***  Alvarezs student **** had been terminated .  Among other issues  this resulted in ***  ******* being out of status according to USCIS law in regard to his continued presence in the ** , subject to deportation ---and in regard to our services in a completely different  eligibility for success as far as his application for a green card than he was before his student **** termination.  Due to the extraordinary proof that ***  ******* would have needed to provide ***** to have a chance having his application for a green card accepted under the actual , true circumstances surrounding his present immigration status especially compared to his situation if he had  not had his student **** terminated as was represented to us  at the time we accepted the case, as opposed to forging ahead with the application and a steep uphill battle to gain ***  Alvarezs stated goal in general ---to have a legal presence in the **, the more prudent  action  including but not limited to  conserving the Clients contractually obligated  billing for legal services and he accrual of that liability ---was to wait to see whether ***   ******* could   get the termination rescinded and get back in legal status for his presence  in the ***

   

  Termination of I-20

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  **** ******* *******<*******************************************************************************************************************************************************************************************************************************************************************************************************************************************************************************>	Mon, Apr 29, 3:51 PM		Reply
  tome,Peter,pinky_mod

  My I-20 got terminated from my college (***) in February and now I am trying to file for reinstatement. The reason that I got terminated from my college is because I failed to meet one of the requirements which is having enough face-to-face classes. The file attached is a form the school gave me for the reinstatement of my I-20
  
  from,

  **** ******* *******

  Subsequently , the Client asked ---twice---in a May 1st email and  after he received an answer that no it was NOT  alright then asked the same question AGAIN in  a May 12^th email  whether it was ad****ble for ***  ******* to leave the US .  And both times he wrote indicated that he had knowledge and understood that ***  ******* was out of status as defined by /us immigration law and that this was a type of situation that could cause a problem or limit in some ways ***  Alvarezs activities in relation to US immigration law

   

  **** ******* out of status -- can he leave the country and return?

  

  ***** ********<****************************************************************************************************************************************************************************************************************************************************************************************************************************************************>	Wed, May 1, 7:27 PM		Reply
  ****,****

  Dear All,

   

  can **** ******* leave the country while he is out of status?

   

  To recapitulate:

    due to a mistake PM did not attend sufficient face-to-face classes

    he did not read an email from the college to warn him about this

    he filed for reinstatement with the college and got a positive decision a couple of days ago

    he is supposed to file some form with the department of homeland security. He is going to do this soon. We will keep you updated about the situation

  Kind Regards

  Peter Foelsche

   

   

  ***** ********<****************************************************************************************************************************************************************************************************************************************************************************************************************************************************>	Sun, May 12, 3:** PM		Reply
  tome

  Dear All,

   

  Could we travel to *********** without danger that PM would not be able to enter the continental US?

   

  *****

   

   

  On July 29^th the Client sent an email that requested status on the application process WHILE  AT THE SAME TIME CONFIRMING THAT THERE HAD BEEN  NO COMMUCNIATION RECEIVED THAT INDICATED  THAT THERE HAD  BDEN A RESOLUTION  OF  MR.  ALVAREZS TERMINATION OF HIS STUDENT ****** These last three email ten d to indicate that either the Client t was u unable or unwilling to accept the gravity of ***  Alvarezs immigration---it he of which was a concerning problem

   

  Eventually on September 7^th , the Client provided proof that ***  Alverezs termination has been reinstated  he was now in legal status , no longer violating US immigration law with his continued presence In the ** and actually really in the fact situation that was falsely represented to the law firm  when the application case was accepted

   

  Due to the tenuous  nature of ***  Alvarezs ability  to stay within legal status in  compliance  with the immigration laws of the United States   , it appeared appropriate to provide the Client with at least different possibilities for ***  ******* to consider and / or qualify for  to maintain a long-term legal presence in the ***    By providing that information to the Client , there was a pre-emergency education of what actions  ***  ******* might be able to  take if necessary to  maintain a legal presence within the US.  This I information required extensive research before the drafting of the communication to the  client .  A copy of that communication is attached to this email.

   

  In addition, you will note that the initial paragraph of that email reiterates to the Client that the lack of legal presence in the ** for ***  Alvarez  was responsible for the significant delay in proceeding forward with the application for a green card ,

   

  Subsequent to this communication that the Client sent an email on September 17^th providing ***   Alvarezs  email address and an  email on September r21^st confirming his belief  that a family -based green card was the  best option to take initially in regard to obtaining a green card for ***  *******,  and emails on October 3rd and 15^th requesting a status report on the application  neither of which were responded to  before the November 4^th termination letter sent by the Client because there was nothing substantially relevant to report , *** ******** had contractually obligated himself by language ----that was specifically outlined in his employment contact   ( attached to this email ) that he signed voluntarily --- to make payment for any and all communication    by the attorney providing such service.  . In deference to the Client and his payment obligation there was a conscious decision to refrain from responding ---and charging the Client for it ---until there was something substantial to report.  Based on the experience with ***  ******** and his complaint , we suggest that there is a fair possibility that the Client would have complained about being charged for  that service ---even though it was specifically outlines in  the e employment contract

   

  There was absolutely no specific language  set out in the employment contract obligating the  law firm to provide  perform services on a specific schedule.  There was no fact situation that constituted a n emergency that would require  services to be performed on a specific schedule. The Client appears to disregard that the beginning of the application process was delayed ---over four months ----  due to the Applicants failure to  adhere to the immigration laws of the  ************* ---some thin g the law firm did  not caused nor had control over Additionally, the Client appears to disregard that the facts provided to the law firm at the time of acceptance of the case were  different than the actual facts involved in the case and that then Client was asking  for a case status at times  when  it was inad****ble to take action due to the applicants violation of the US immigration laws

   

  At no time in any of the emails leading up to the November 4^th email terminating  services was there ANY mention of Client  dissatisfaction with legal services

   

  In fact, the November 4^th termination only notified of termination and provided  no notice for the cause of termination.  We were provided with   no clue for the reason of termination until we had  the opportunity to review the Information in  the Complaint this evening  ----literally making it appear initially  that there was no cause for the termination

   

  The Client has requested that the fee paid be returned to him.  The first thing that makes that request problematic is that  it bears no relation to the terms of the employment contract that the Client signed and entered into in return for the law firm to provided services favor the Client. As is common practice in  these cases  the compensation  owed to  the professional providing services is based on hourly rates set out in the employment  contract.

   

  In that regard there  are by rough count  35 emails  containing multiple conversations  regarding this case.  The time provided for those conversations does NOT include the timed necessarily provided in drafting the email providing an explanation for each of the  8 possible options for ***  ******* might use in the event his situation requires him to consider  options other than  the first choice of the Client.  Upon request we can provide the Client with an itemized report of these services provide and the time provided for each action multiplied by the hourly rate as set out in the employment contract to result in the total amount due and owing by the Client to the law firm.  Based on only the  information described herein it is doubtful  that according to the contractual terms to which the Client legally obligated himself, it is doubtful that the result will show that the Client is due a refund .  And the Client apparently has  not considered that an agreement to accept the application case  did not include the providing of  information that ***  ******* was in illegal status with his continuing presence in the ** at that time. If ***  ******** takes his vehicle to the auto mechanic for repair and tells the mechanic that the oil filter needs replacement and in response the auto mechanic   provides a priced quote for the services of ****** for replacing the oil filter, then subsequently ***  ******** tells the mechanic that he ALSO wants a hose replaced and the  mechanic said that the  additional serviced will cost $#**,00 therefore  the total amount ***  ******** will owe will be increased by $**.00 to $200.00 , we doubt that would be a surprise or offend M r.  Foelsche .  What is the difference in ***  ******** adding on to the amount t of repairs he first asked for and ***  Foelsche    not initially disclosing that ***  ******* was in reality in violation of the US   immigration  laws of ***************** by his continued presence on US soil  after the termination of his student ****.?   Bug does the Client expect to pay for the additional services of a non -mechanic ? 

   

   

  Finally , the Client needs to realize  that there was ---no---terms of the contract  that obligated the law firm to  provide services within   a certain time period .  Furthermore , considering that the Client provided absolutely no prior notice  that the Client had any  problem with services  before the Client gave notice of   terminating services , the  Client effectively prohibited the law firm from the ability to rectify any and all problems perceived by the Client ---whether objectively reasonable or not.   We doubt that if the Client were put  in  a situation similar to what the Client is attempting to put the law firm in that the Client would feel like he had been fairly  and reasonably addressed

   

  All  of the above  leads to the following proposal. 

  We could drag this situation  out indefinitely each being inflexible in their positions----and forgetting what was the mainmutual --  goal of getting together  in the first place ----that is , to get *** ******* in a more permanent, legal presence In the ** than  he has had before and what  he has at this time.

   

  It is impossible to file the immigration paperwork required absent the attorney   being provided  with the personal I information about the applicant to adequately  complete the required forms that are  necessary to submit  to USCIS to apply for a green card.

   

  To date the Client has  not provided that necessary  information to the attorney. 

   

  The ONLY action remaining  to do under the terms of the employment contract is to assist in the filing of the application for a green card.  The time  and the services provided previously have already been provided  and the compensation n for those services has already accrued.  In order to facilitate a better opportunity for the Client to meet their original goal  , the law firm is willing to simply address the last action  remaining under  the terms of the employment contract and to forego an emphasis on the time and service actually provided and instead put the focus on getting the application for the green card filed.  We are assuming that the law firm  providing this spirit of flexibility that the Client can also realize that their perception of appropriateness  in regard  to the services provided  might justify flexibility also.

   

  To address the Clients ----now stated concerns----- about progress  in this matter, the attorney proposes that the attorney submit    one required form for the Client to complete each subsequent week beginning ng on December 8, 2024  and continuing until    December 22^nd  at  which time the process will be suspended in deference to the holiday season, and then beginning again on   January 8^th 2025 and continuing each week until all the  forms necessary for the Client to completed are delivered to client.

   

  This provides  the Client with a definitive schedule for work to be performed  addressing the client perception that there has not been sufficient timely progress in the past This also leaves the responsibility for progress squarely within the control of the Client  empowering the Client to exercise  the control they desire  over the progress of the case.

   

  This proposal is true to the spirit of allowing BBB to actually  mediate a result for this matter that is in the best interest of both sides involved

   

   

  KELLEY WHALEN
  Law Offices of Kelley F. Whalen, P.C. 

  ***********************
  ***********************

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  Customer response

  12/05/2024

  Complaint: 22511451
  
  I am rejecting this response because:
  I'm not certain what the point of his arguments is supposed to be.
  Here are again the facts:
  *** ********************** did nothing for the ** of my son.
  *** ********************** could not do anything for the ** of my son.
  My son was/is not eligible for a ** as he was adopted after his 14th birthday.
  We had to hire another lawyer (after I filed this case with BBB) to get this information.
  If *** ********************** would have engaged with good intentions with us, he might have given us this information within a short period of time
  -- and he might have charged us for 1/2h of his time.
  We never talked directly to *** **********************.
  We did not see nor sign any agreement.
  All he did is write emails containing a history of what we emailed him and a history of my son's immigration status,
  which is irrelevant to the case, as he is and always was anyway not eligible for a **.

   I insist on reimbursement of the $2750 we paid him.

  Regards,
  
  ***** ********

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