Types of Immigration Malpractice Cases In Ohio
We hold immigration attorneys accountable.If an incompetent or careless lawyer has jeopardized your future, you deserve justice. We’ll get to the bottom of what happened to help you find a path forward.
Cases resulting in the initiation of removal proceedings
Cases resulting in a delay or denial of a visa
The Immigration Malpractice Lawsuit Process
We step in to get answers.
Our team works tirelessly to uncover why an incident happened and how it could have been prevented. Then we work with you to find the right solution to rebuild your life.
- We Form Client Relationships.
We take time to get to know you and your family so we fully understand how the mishandled case has affected you.
- We Investigate Your Immigration Malpractice Claim.
We gather information, interview witnesses, and obtain all relevant legal records.
- We Work With Top Immigration Experts.
We hire respected immigration specialists who can explain to a jury what happened and what should have happened.
- We Get Meaningful Results.
We work tirelessly to achieve your goals, help you recover financially, and, when possible, correct the immigration issue.
Questions About Immigration Malpractice
Frequently Asked QuestionsWe understand that you may have questions about whether you have a case or the timing involved with filing an immigration malpractice lawsuit. Here are answers to what many of our clients want to know.
Can I sue my immigration attorney for malpractice?
Yes. Like any professional, immigration lawyers must do what a competent professional would have done under the circumstances. You have a right to competent legal representation. Here are some red flags that may indicate your lawyer has committed malpractice:
- Missing a deadline for filing important immigration documents
- Not filing all of the required documentation with your application
- Making false statements on your application or filing false documents
- Not responding to a request from the court
- Offering ineffective counsel, which means carelessly recommending you do or not do something that actually hurts your case
- Lying or making false promises to you
- Failing to identify a conflict of interest between the lawyer’s interests and your interests
- Providing representation in an area of law where the lawyer has inadequate knowledge or experience
It’s important to know that not all mistakes by a lawyer are malpractice. The facts must show that the attorney’s actions fell below the standards competent lawyers are held to and those actions had a material effect on the outcome of your immigration status. We can help you determine whether your situation meets the legal standard to make a malpractice claim.
What is the purpose of an immigration malpractice lawsuit?
People come to our law offices because the actions of an immigration lawyer have jeopardized their ability to live and work in the United States or derailed their path to citizenship. They want answers about what happened, why it happened, and how to move forward from here.
Specifically, our clients want to know if they can fix the situation from an immigration standpoint. If that’s not possible, they want to be compensated for the losses they suffered due to the poor performance of the immigration attorney.
While there are no guarantees, obtaining a judgment that malpractice occurred may help with immigration proceedings in some cases.
That’s why it’s important to work with lawyers with experience in medical malpractice. At Cooper Elliott, we understand the complex legal requirements involved with filing a medical malpractice lawsuit, and we know what it takes to win.
What kind of damages are available for immigration malpractice?
The damages we ask for depend on the details of your case. In addition to covering standard fees for bringing a lawsuit to trial, an immigration malpractice lawsuit can ask for:
- Past and future lost wages. If you can no longer practice your profession or maintain your license, we seek compensation for lost wages and the income you would have earned.
- Emotional hardship damages. These damages address the loss of being able to raise your family in the United States, your family being torn apart due to deportation, or other consequences of immigration malpractice.
- Punitive damages. If the immigration attorney was egregiously careless or reckless in how they handled your case, we ask for additional compensation to help you and your family be “made whole” and to serve as a warning to immigration attorneys everywhere.
Our attorneys spend a lot of time with clients and families upfront in immigration malpractice cases. We want to know how the malpractice affected every aspect of your life, so we can demand justice for you.
What is the deadline to file an immigration malpractice lawsuit?
The deadline, also called the statute of limitations, varies from state to state. In Ohio, for example, you generally have one year from the date the immigration malpractice occurred to file a claim. However, if you continued to use the immigration attorney not knowing that they were negligent the deadline may be extended for a period of time after your professional relationship ended.
What does Cooper Elliott offer to my immigration malpractice case?
We will spend a lot of time getting to know you and your family and your immigration history. We want to have a clear understanding of the extent of your loss due to immigration malpractice so we can communicate that loss to a jury.
We are not immigration attorneys. Our talent is in seeking justice for legal, medical, and other professional malpractice, and we get results. We hire and consult with national experts who specialize in immigration law specific to your case. We work with your new immigration lawyer to help you get back on track.
Cooper Elliott works on a contingency basis, which means you only pay us if you win your case in court or in a settlement. Your initial consultation is free, too, so there is no risk to you.