Urgent USA Visa Advice

Q: I am trying to do research for a dear friend who feels trapped, seems to have a poor immigration lawyer and needs help. He came to this country 8 years ago on a student visa (they sponsor him) to go to school and live with them. They paid for his education and since they have a business, they had him major in the field of their business. The hope was they would educate him and then sponsor a work visa for him to continue after his education running their business. He graduated college and they then hired a lawyer to submit a work visa application. It was quickly denied as the INS felt his family could hire a US Citizen to run their business, they didn't need him. It was heartbreaking. They are citizens, but don't speak English well, he does and his help in translating and working with customers is a massive help to them. Their lawyer told them they could appeal and left it up to them to write their appeal. They did over 20 months ago and sent it to the INS. He contacted the INS several times and was told his appeal was in process. This went on forever it seemed. Then, last week INS responded that they must deny the appeal because his family accidently put the appeal in his name instead of their business name (the sponsor of the work Visa). I personally am stunned the INS took so long to point out this error! It could have easily been corrected long ago. In any event, my friend is now standing here with a student visa that will expire soon and a denial of his appeal on a technicality. His family relys on him, he has built a wonderful life here and there is no future for him in Poland as his family comes from a very poor village. To have to return to Poland would be traggic conclusion to this. Is there ANYTHING that can be done? His lawyers seems useless, he is not able to get married so that is out. This is a wonderful young man who has a home, degree earned here and a job with his family business waiting for him and all he asks for is permission somehow to stay in the US. Any suggestions? Anything we can do? His family is in tears.

A: -He should be careful - he may be working illegally. Note that you do not have to be paid to be "working" in immigration law terms. That was bad advice or a bad decision on their part. Any immigration appeal should be done under advice from a competent immigration lawyer with succesful appeals experience.

Normal procedure. Submissions are scanned for sanity when received (make sure there's a check for the right amount, perhaps check that all necessary boxes on the form have some content) but are not processed to any significant degree until they get taken from the pile to be dealt with. This is usually months later, sometimes years, depending on the form. It usually only takes a few days to process each application - the delay is waiting for the processing to start. They may have denied it on a technicality, but you shouldn't assume they would have granted it otherwise. I don't see anything in what you've written here that would make them change their decision.