Integrity Legal

Repeatedly, this author uses this blog as a platform to try to educate the public regarding the US visa process and the problems that can arise during that process. In many cases, people are simply unaware of the rules regarding US visa issuance and this blog attempts to provide relevant information that readers may find beneficial. That being said, another frequently discussed topic is the unauthorized practice of law by “visa companies” and “visa agents” or those claiming to be American attorneys. This is not simply a tirade against such practices, but is intended to provide information regarding the detrimental impact that these individuals can have upon the interests of their “clients”.

Under section 292.1 of the United States Code of Federal Regulations a licensed attorney is entitled to represent clients before the United States Department of Homeland Security, specifically the United States Citizenship and Immigration Service (USCIS) which is tasked with adjudicating US visa petitions. Many are unaware of the fact that those who assist individuals in preparing visa petitions are engaging in the unauthorized practice of law if they are not: licensed to practice law in at least one US jurisdiction while being eligible to practice law in all US jurisdictions or certified by the Board of Immigration Appeals (BIA).

Licensure is no small matter, especially for those individuals who are “represented” by those claiming to be attorneys who are not, in fact, licensed. For example, if an American talks to an unlicensed individual about sensitive matters, then such communications would not be confidential and also would not be protected under the attorney/client privilege. If one is communicating in confidence to a licensed attorney, then such communication is “out of bounds” for US Courts. However, the same communications with one who is unlicensed could be used as evidence in a US court proceeding. Therefore, licensure is extremely important particularly in US Immigration matters involving a legal ground of inadmissibility or an I-601 waiver as certain information could be very detrimental to clients’ interests and if imparted to a licensed American attorney would be confidential, but if imparted to an unlicensed “fly by night” operator such information could be used against the client at a later date.

For all of these reasons, when an American is outside of the USA it is always prudent to check the credentials of anyone claiming to be an attorney from the United States. An individual can provide adequate credentials if they can show their license to practice law before at least on State Supreme Court in the US, or a Federal license to practice law in the USA, or a license to practice law in one of the US territorial jurisdictions (Guam, Puerto Rico, the US Virgin Islands, etc). Anyone who refuses to provide any such credentials and yet still asserts that they are an American attorney should be avoided until proof of credentials can be provided.

For further information about US Immigration from Thailand please see: K1 Visa Thailand.

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