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Immigration lawyer in Frankfurt

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Hi all,

 

Could anyone advise a good immigration lawyer in Frankfurt? Doesn't matter, if he speaks English or not.

 

I need to help my sister in her problems with a student department of Frankfurt's ABH. This is a terrible place where these completely rude people can only shout at her and refuse to issue a residence permit, making conflicting demands. She really needs a good lawyer to tell them where to get off.

 

Thank you.

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Do you really think that any Lawyer will send a letter to the ABH and tell them not to be rude to your sister?  :lol:

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1 hour ago, SpiderPig said:

Do you really think that any Lawyer will send a letter to the ABH and tell them not to be rude to your sister?  :lol:


No, I think that lawyer can force ABH to do their job and issue a residence permit. If you know a good lawyer, any advice would be appreciated. If you dont know one - please just do not comment in this topic.

And yes, I think that in any case, officials have no right to shout at people and humiliate them. Especially at those who did nothing wrong.

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48 minutes ago, JCrichton said:

Conflicting demands? Like what?

 

The first one: "Come here with your brother, he has to sign Verpflichtungserlkaerung and we will issue a residence permit for you".

 

Month later: "Oh no, your brother can not make a Verpflichtungserlkaerung because he holds a Blue Card, not a Niederlassungserlaubnis. We don't care that law allows that, we say just "no". When do you want to apply for the university? Summer semester 2019? Good. Make a Sperrkonto, extend your language course and we will issue a residence permit. Here is your Termin."

 

At the Termin, three months later: "Where is your Zulassung? Yes, we initially approved your language courses until October and asked you to extend them, but you have to show us the Zulassung right now. We don't care that the university application period starts only in autumn and you need to finish your language course first to pass the TestDaF, which is required for your application. We also do not care that you have already extended your language course and made the Sperrkonto. We even do not care that the law allows you to learn German up to 2 years as a Studienvorbereitung. You have only one year from the moment you enter Germany to learn the language. Either show us the Zulassung right now, or we will send you back to your home country. By the way, we cannot give you a new Termin, so you have to come here again and spend the whole night in queue at the entrance to get the Wartenummer".

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What is source of the first one? (i.e. not just your sibling's recounting of what they were told).  If not, it's not that unusual to be told "submit x" or "bring y" but for that not to finish the process as might have been planned and / or we may have been led to believe or expected.     This "do x, then y" is also normal. Classic partial disclosure.    There are any number of reasons why it did not go to the end.  (If you look at the Amt website for this process, it's pretty clear on things not being guaranteed.  Disclaimers all over it.)

 

Quote

 We don't care that law allows that, we say just "no". 

 

Unfortunately, perfectly OK often. Allowing is not the same as entitled / obliged.   Where we can often challenge that though is on inequality (if others similar get it, so should we).

 

But definitely you should start the complaint process if unhappy, of course.    I had a low stakes version of this recently, not in a "foreigner setting" and I did complain, including referring to evident hostility as soon as you challenge something or show dissatisfaction.

 

You need to be clear about what you actually want from a lawyer, of course.

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swimmer  Thank you for your answer! 

 

In the first and second cases I was in ABH with my sister and heard all of this personally. The third one - my sister's recounting of what has the lady in student's department of ABH told to her.

 

All that we need from a lawyer is to force the ABH to issue a residence permit for my sister, so that she can finish her language courses, pass the TestDaF and apply for the university. And, perhaps, to transfer her case to another ABH's official, because the lady, who is now in charge of her case, looks simply crazy.

 

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What I would do then, which I did in my more minor case, go through the actual laws and guidance (which was helpfully their own documents) and point out exactly where they got it wrong.   I was bulletproof.   Then I put the complaint in, full of references to the instructions and rules.

 

You need to be clear though.  That first point reads like it was only her there expecting to do it and your absence was why it could not be completed (i.e. Why would they ask her to "come with your brother" later so you could sign it, if you were both already there?) :blink:.   You need to make it clear you actually attended and such.  (I mentioned partial disclosure - often not helpful in this situ by either side).

 

Why did you not just sign it at that first point, given you were both there?   They must presumably have had some other reason not to let you given you were actually there, and available to sign. (Which is again working with viewpoint of surprise that it was not completed then).    It can't actually have been the need for you to attend...given you were right there and of course would have been very keen to do so :lol:.  

 

If you are actually describing a process where she has to apply and give your details as the local guaranteur and then they check you, you would not expect it to complete right there.  (Same as when they check us individually ourselves).  It would just be a first step and the stock "...you can sign the documents next time" would be implicit on the application being successful.  Not a statement of certainty.

 

In that case, a narrative of "first they refused my sister because I had to sign...then a time lag allowed them to refused again on a different basis...then they refused again on a different basis..." becomes "first they took my sister's application...then they examined it and refused it on a valid basis (however much we might not like it) and suggested an alternative...then they examined that alternative and formed a perfectly valid conclusion..." and suddenly there seems like possibly not much of a case to bother a lawyer with.

 

I'd also say that this sort of process does often need repeat appointments and waiting.   That's normal.   I had to go several times because of my above problem, which was something I also noted in my complaint as OK for me (total freetime) but not for many.  My citizenship (another high stakes migration) also took several,

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1 hour ago, swimmer said:

You need to be clear though.  That first point reads like it was only her there expecting to do it and your absence was why it could not be completed (i.e. Why would they ask her to "come with your brother" later so you could sign it, if you were both already there?) :blink:.   You need to make it clear you actually attended and such.  (I mentioned partial disclosure - often not helpful in this situ by either side).

 

We were applying for a different residence permits at the same time. I was applying for the Blue Card, and my sister was applying for the residence permit as a "sprachschuelerin". They accepted my application, and rejected her, because she had no Sperrkonto and no Verpflichtungserklaerung, and they said it was the only reason for the refusal. They told that we should visit the ABH once again together when my Blue Card is ready, then I'll have to sign the Verpflichtungserklaerung and that's it. Unfortunately, I didn't guess to ask them to give us this answer in writing, and didn't even write down the name of the lady who said that.

 

Next time we met other lady who told that I have no right for Verpflichtungserklaerung... And later we learned that this lady - and only she - is the person who can make decisions in my sister's case. That time she asked only for the Sperrkonto and extension of the courses, but next time, when my sister has made the Sperrkonto and extended the courses, this lady asked her for the Zulassung. I can't imagine what will she demand on the next appointment. It seems that her requirements are changing randomly, just to find a reason to reject the application.

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See, that makes a lot more sense.    If you are only now becoming resident yourself (something you also did not say earlier - more partial disclosure), it is perhaps no surprise you might be facing some scrutiny in terms of guaranteeing someone else.     

 

I think you might reasonably expect that and that you do indeed have a much higher possibility of being refused than a German or long-standing established migrant would have.  The bar will be set higher, and you may well have to do more than most.

 

Russia would treat a German or British non-resident who asked to bring his sister in much the same (or more strictly), right?  

 

I would work on making sure you have everything you need to persuade that lady.   Read all the requirements, make sure you have all the things it tells you to provide.   That is all you can do.

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But the law does not make any difference here. The only thing that is reasonable from the law prospective - is a contract (mine is unlimited) and salary (enough in my case). However, ABH just said "no" without explanation.

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Normally, if law is clear, we can apply that ourselves.   We don't need a lawyer for that.    We can point to it ourselves.   The law is the law.   Usually same for rules.

 

As you write it, I suspect there's nothing that has been done that is not perfectly valid for one in your situation, and that can happen.   What you might benefit from, perhaps, is more an expert in migration process who can in making that process around demonstrating support for your sister happen for you.

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Well, anyhow, she has made a blocked account. And now ABH demands the Zulassung, which is impossible to get until the autumn or winter...

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Well the first bit is good.  Do what is needed, tick the boxes.  The bank account is just the start.  Put the money in right away - show clearly that the money is there.

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