Us Immigration Lawyer Secures Full Refund

The client entered into a service agreement after being assured that the immigration process would be completed quickly.

From a US Immigration Lawyer perspective, the speed of visa issuance was a decisive factor in the client’s decision to proceed. 

The client fully complied with all document requests and paid the agency’s service fees and related expenses in full.

After the application reached an advanced stage, U.S. Immigration authorities issued a TP determination, transferring the case for further internal review. 

As a US Immigration Lawyer would recognize, this type of administrative hold does not guarantee approval and may result in indefinite delay. 

In this case, no progress occurred for more than two years, leaving the client in a state of legal and personal uncertainty.

The US Immigration Lawyer argued that the fundamental assumptions underlying the contract had collapsed after the TP determination. 

The visa timeline, which had been the core inducement for the agreement, was no longer realistic or predictable. 

Under New York contract principles, this constituted a material change in circumstances justifying rescission.

The service agreement included a clause stating that all fees paid by the applicant were non-refundable under any circumstances.

The US Immigration Lawyer challenged this provision as unenforceable, asserting that it violated New York consumer protection standards governing unfair contract terms. 

The argument emphasized that enforcing such a clause would impose excessive and one-sided harm on the client.

The US Immigration Lawyer submitted the service contract, bank transaction records, and proof of full payment to the immigration agency. 

These materials demonstrated that the client had fully performed all contractual obligations. 

The lack of corresponding progress by the agency was highlighted as a key imbalance in performance.

Additional evidence included expert commentary and published materials explaining the uncertainty and risks associated with prolonged administrative holds. 

From a US Immigration Lawyer standpoint, this evidence established that the likelihood of visa approval had become extremely remote. 

The court was shown that maintaining the contract would only deepen the client’s financial loss.

The court accepted that the contract’s purpose had been fundamentally undermined by the immigration hold. 

It agreed with the US Immigration Lawyer that the non-refund clause was invalid and unenforceable under New York law. 

The court further found that continued enforcement of the contract would result in unjust harm to the client.

As a result, the court ordered the immigration agency to return the full amount of service fees paid by the client. 

From a US Immigration Lawyer perspective, this ruling reinforced the principle that immigration service providers cannot rely on unfair contractual clauses to avoid accountability. 

The outcome provided the client with financial recovery and legal closure.

This case demonstrates how a US Immigration Lawyer can protect clients when immigration processes fail due to prolonged administrative holds or misleading service agreements.

SJKP assists clients in New York with immigration-related disputes, contract rescission, and recovery of improperly retained fees. 

If you are facing an immigration delay, unfair agency practices, or financial loss related to visa processing, our team is ready to provide strategic legal guidance contact SJKP to discuss your options.