J-1 Visa into TPS into marriage and our lawyer screwed us over :(

I am posting this to see if anyone might have understanding or experience with the immigration process of a J-1 visa holder marrying a US citizen. I married my wife who was here on a J1 visa and extended under TPS at the end of her J-1, we got married at the end of her TPS and began our process for her to stay. We hired a lawyer who did all our paperwork and helped us for our interview. We went to our interview and they immediately began saying they wanted to deny our case due to the waiver we needed not being approved or denied which we were under the impression we had done everything necessary. We then got our answer as a denial saying we did not have the proper waiver. We came to find out, our lawyer did not file the DS-3035 which is the FIRST form needed to start the waiver process to the I-485 (adjustment of status). We filed an I-612(e) as well but in the very beginning as he said it was to waive her 2 year home requirement for her J-1 visa. Everything l've read says that this mistake is not just small but one that guaranteed a denial from the start. And that our lawyer has no idea what he is doing. After our denial, he sent an email explaining how he “hoped” it would work the way he did it, THEN said we could file the DS-3035 in hopes they approve it. Which ultimately just starts us back to the very beginning of the process (refiling documents, re-paying fees and the interview). I feel as though we made a grave mistake in hiring this man and I want to know I have ground to get my money back from him and what I should do next? Thank you for your time and attention to this. I am in desperate need of help.

Context: she was on J-1 then went to TPS and never left the country and is from Venezuela.

Posted Dec 1, 2025, 4:10 AM UTC

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