Can Approval be Guaranteed for My Thai Fiancee’s Visa Application?
In Thailand, as well as elsewhere around the world, there are many companies and so-called “lawyers,” “visa agents,” and “Immigration Consultants,” making all sorts of outrageous claims regarding what they can do to facilitate visa issuance for the Thai fiancées and spouses of American Citizens and Lawful Permanent Residents. One of the most outlandish claims is the notion that one of these operators can guarantee that a visa will be issued. Throughout the World Wide Web there are consultants and visa companies making these claims and they dupe otherwise innocent consumers into believing that a visa can be guaranteed. One issue should be fully understood: No one can guarantee that a US visa will be granted. No ethical attorney can make the claim that a visa will be issued with 100% certainty. USCIS adjudicators evaluate the facts of every Immigration petition and make their decision based upon the unique set of circumstances present in the case before them. The Consular staff at US Embassies and Consulates overseas make more factual findings in order to decide if a US visa should be issued. A licensed US lawyer should act as an advocate for visa application approval. Further, a US Immigration lawyer will advise and assist clients in deciding upon the category of visa that is right for their situation. A qualified American Immigration attorney will likely exhaust all ethical methods to make certain that a visa is issued.
Look at the “fine print” of some of these “guarantees.” Generally, these “guarantors” simply guarantee “USCIS approval” which is just one component of the United States visa process and should not be confused with visa issuance.
In situations where an attorney enters his or her appearance in a case, he or she must represent their clients until the conclusion of the case, or until another mutually agreed upon point in the case. Another common practice of unlicensed and unqualified visa agents is to abandon clients when a case becomes too complicated or time consuming.
There are a great number of unsanctioned US “Immigration consultants” operating internationally. According to USCIS regulations no one is allowed to take money in exchange for providing advice regarding United States Immigration law unless they are a licensed attorney in one of the 50 US States or a territory of the United States. Thus, unless a client is dealing with a qualified US lawyer they should not be remitting fees for the services of a “visa agent,” or “lawyer” who cannot provide proof of proper licensure. If dealing with someone claiming to be an attorney or lawyer ask to see their credentials, if they cannot produce a state or Federal license to practice US law, then they are not allowed to represent clients before the United States Department of Homeland Security which includes the United States Citizenship and Immigration Service (USCIS).
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