ComplaintsforLaw Offices of Eric T. Dean, Jr.

• Initial Complaint

  02/09/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  i used Eric Dean because he guaranteed results or your money back, as he has plastered all over his website and advertisements.. I have a unique case that requires more than just help filling out forms and direction of how I can get results without Eric.. I finally told Eric he needs to do more than just sit back and do nothing, and he said there is nothing he can do.. I asked for my monies back, as per his 100% money back guarantee, and he said for the help I wanted, i should be paying 15,000-20,000, and did not pay for that kind of service.. if his guarantee is contract, all over his website, then he should make do and send a refund.. he is doing neither...

  Business response

  02/09/2023

  The client hired us to obtain a K-1 fiancee visa for his fiancée. This client's fiancee tested positive for use of illegal drugs. This could have resulted in denial of the K-1 visa. However, rather than deny the visa, the consulate put her into a protocol where she had to test every month for a year, and then she might qualify for a visa. So, the consulate basically did her a potential favor, assuming she could stay clean.

  
  The client claimed his fiancée took drug tests for 1 year, that the tests were negative, and that the consulate should have issued a K-1 visa. I have not seen such results. I do not know that this is true. However, the client insists that this is true, based, presumably, on his fiancee’s representations to him.

  
  So, the client now is adamant that the consulate should issue a K-1 visa. His grievance is that the consulate and their medical clinic have not processed the results and issued a visa. He has (by his own account) contacted the clinic dozens and dozens of times, and they have not responded to him and issued the desired report and visa. PLEASE NOTE THAT THE CLIENT IS NOT CLAIMING THAT THE VISA WAS "DENIED".

  
  When he was unable to get the desired results, he has shifted his focus to me, and accused me of not getting the visa. He says that we “guarantee” that result. We do not “guarantee” the issuance of a K-1 visa. We state that if the visa is denied due to something which is OUR fault, we will refund fees. The present case is not such an instance.

  
  First of all, we do not “guarantee” that the consulate will issue a K-1 visa. We say that we will refund fees if visa denial is due to something which is our fault. Clearly there are many things that can go wrong in a case which are either out of our control, or the fault of the client—in those instances, we do not promise return of attorney’s fees. Who would even demand return of attorney’s fees in light of their fiancée engaging in illegal behavior?! What trouble this fiancée has encountered is clearly her own fault!
  

  Second, when the fiancée uses illegal drugs, she has acted in a way highly detrimental to her own cause and usually this results in visa denial. That in itself undermines and negates any so-called promise to refund fees.

  
  Third, with “consular processing” in a K-1 visa case, one is at the mercy of the consulate. The State Department has tremendous leeway to grant or deny visas, and there are no appeals with a K-1 visa denial. So, the client’s claim that an attorney can “guarantee” and force a US consulate to issue a K-1 visa is completely and utterly mistaken.

  
  The client’s demand for a refund is inappropriate for two basic reasons: (a) there has been no “visa denial”; this case has not been resolved one way or the other; (b) assuming there is visa denial (which the client certainly has not demonstrated), it is completely and utterly the fault of the fiancée who used illegal drugs—she would have been deemed “inadmissible”. It is in no way the fault of anything I did as an attorney.
  
  From quite some time back, I have emphasized that the client should contact one of his US Senators for assistance. If indeed, as the client claims, his fiancée cleared all the testing and it is just a matter of the consulate issuing a visa, then an inquiry from a US Senator can have immediate impact. In some cases which have come to an impasse, one can benefit from the influence of a US Senator.

  
  So, in conclusion, there has been no “visa denial”, so it is premature for the client to demand a refund of fees. Secondly, any potential visa denial is entirely the fault of the client’s fiancée. She cannot “pass the buck” onto the attorney and seek to benefit from her own ill-advised and illegal behavior.
  
  This is our money-back guarantee:
  (8) Money-back Guarantee: We are committed to see you receive your fiancée’s visa, and we will do our utmost to achieve that objective. With that in mind, we will refund your legal fees in full if you and your fiancée follow through on your petition, and you fail to receive your visa after your fiancée’s consular interview. However, we cannot guarantee success and a refund, if any of the following factors accounts for your failure to obtain your visa: you withdraw your petition before your fiancée’s interview; you fail to follow our advice and recommendations regarding preparation of your petition; you cannot or are unable to provide all requested and needed material, or if you provide inaccurate information; YOUR FIANCEE IS DEEMED INADMISSIBLE DUE TO ANY REASON, including prior immigration proceedings or deportations, or prior disqualifying crimes on his/her record; you cannot meet or exceed poverty guidelines, to qualify as a sponsor of your fiancée; or if the Consulate determines that you do not have a bona fide relationship. It is extremely important that you work closely with us towards the objective we both have that your fiancée receive her visa! (emphasis added in CAPS)

  Customer response

  02/09/2023

  
  Complaint: ********
  
  I am rejecting this response because:it is true, the beneficary failed a drug test and was put on a years probation, but this failure( with a still open visa application as per Eric Deans point of view and mine) does not cancel his contractualy binding effort to make this happen.. All Eric has done lately is tell me how to get things done, yet he is the professional here, not I.. Also, his webpage(that can be viewed by anyone online) never says anything about certain inadmisabilities at the detriment of the  beneficiaries end negates his efforts as an attorney.. I am not filing a complaint because of a tiny disclaimers hidden somewhere, i am filing this complaint because he has done ZERO to help move this case along, all he has done is help me fill out paperwork and encourage me to do this and do that when things are not going smooth.. I need an attorney, i paid for an attorney, and I need Eric to make some calls, ask someone to pull  a favor to help a case, anything besides doing nothing.. he was hired for one sole reason, to help make sure this K1 visa gets fullfilled, and so far all he has done is fill out papers..he has told me that i need to hire a REAL attorney that would charge 10 x's what he charged, and if thats the case, why did he not tell me this from day one that he is incapable of doing anything more than filling out papers?? with this process having the difficulties that it has, he has done NOTHING to help, no phone calls to another colcombian attorney that might assist, no calls to my congressman to help the paperwork transition, to attempt to call the consulars office, NOTHING...eric sits in his office and just collects money and lets the system works it's way out.. And then when he hits a wall, he says he is not at fault, it has to be everyone ele.. Eric needs to work at these cases, not just fill out papers(which his computer does anyway). Every case is not always easy, and some cases need actual help, but Eric has done nothing concerning this case.. Eric  could be finding a legal way to compel the doctors office in Bogota to talk to him concerning this case, or something, and all he has done is nothing.. This case started 5 years ago, and many things were not Erics fault( visa proclomation, corona viris, etc.), but his total laziness and lack of help for the last year is what infuriates me..On his website, Eric says, we do all the work for you, and yet, except for filling out a form, he has done nothing and refuses to help with anything that matters anda /or finding out what is really going on...
  
  Sincerely,
  
  ****** *******

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