At Global Refuge, we know that navigating the United States immigration system is not easy—and changing or attaining status is a very complicated process without expert help.
Our staff often meets with clients who, though eligible for lawful status, are struggling with their cases with U.S. Citizenship and Immigration Services (USCIS). In many cases, our clients’ friends or family members have “helped” them file an immigration application—but things go wrong. If a case is filed incorrectly, clients may receive a Request for Evidence (RFE) asking for more information, documentation, or clarification about their eligibility, experience significant delays in processing, or even face an application denial.
This was the case for Mr. H, a client who recently came to the Global Refuge Immigration Legal Services team after waiting months for a work permit that should have been processed in 30 days. Unfortunately, rather than paying our low-cost fees for licensed and experienced professional support earlier, Mr. H had relied on the help of a family member who was not authorized to provide immigration legal services. That family member assisted him in filing the application for a work permit, or Employment Authorization Document (EAD), which had required a $745 filing fee. Nearly seven months later, the application remained pending.
Meanwhile, the work permit had Mr. H previously received expired—making him unable to lawfully work in the United States. Because his state-issued driver’s license was connected to his work permit validity, his license also expired, leaving him stranded without a source of income and mobility.
In his search for answers, Mr. H consulted a representative from a community support group. He was advised that he may have improperly filed the application for his work permit and that an entirely new application, including filing fee, may need to be submitted. This would have resulted in Mr. H paying another fee of $560—an expense he simply did not have the funds to pay after being out of work for so long. Mr. H also attempted to contact USCIS directly, but a USCIS officer informed him that he did not need to file a new application but just needed to wait.
Confused and concerned, Mr. H fortunately found Global Refuge’s Immigration Legal Services team. As authorized and qualified legal representatives, we scheduled a consultation and carefully reviewed all of Mr. H’s relevant documents and information. During the review, we identified the core issue: he had mistakenly selected the wrong type of application. But that seemingly small mistake had serious consequences.
Legal Analysis and Actions Taken
During our consultation with Mr. H, our team explained that the delay occurred because the application was incorrectly filed as a renewal work permit, which has a higher fee and a much longer processing time. USCIS generally considers filing fees non-refundable unless there is an agency error, and filing the application correctly would require a new $560 filing fee. Because the case remained pending and had not yet been processed by USCIS, however, we could attempt to request a correction.
With Mr. H’s consent, we contacted USCIS together to explain the issue and request they allow Mr. H to correct his pending application rather than lose the fees he already paid and require a new application with another fee. We urged USCIS to correct the typographical error and consider the application an initial application (not a renewal) that should be processed more quickly. With our skillful support, USCIS agreed, and the new work permit was finally issued.
Financial and Emotional Impact
Choosing to rely on an unauthorized individual instead of a qualified legal professional resulted in serious consequences for Mr. H. While it seemed like his friend was helping him save money, the decision had cost him…
- the potential loss of the $745 filing fee;
- loss of employment as a driver;
- approximately $2,000 in lost income per month, resulting in at least $4,000 in lost wages over two months;
- ongoing financial instability while the work permit remained unresolved, and
- significant emotional stress and anxiety.
A single incorrect checkbox on a legal form had thrown his life into chaos and uncertainty for months—and it all could have been avoided.
Key Lesson: The Wrong Help Can Hurt
Immigration applications may appear straightforward, but even minor errors can result in delays, denials, financial loss, and emotional distress. Well-meaning family members or community acquaintances are not substitutes for authorized legal professionals.
Before filing any immigration application, it is critical that you:
- Verify that the person assisting you is a licensed attorney or a DOJ accredited representative.
- Confirm eligibility requirements and filing categories.
- Seek professional review before submission.
- Understand the financial and legal consequences of errors.
Mr. H’s case makes it clear: attempting to save money at the beginning can ultimately cost far more in the long run. Proper legal guidance is not an expense; it is an investment in your future.
To learn more about our Immigration Legal Services, visit the team’s site here. Want to support the Immigration Legal Services team, helping more clients like Mr. H stay safe and financially secure in the United States?
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