Thailand Visa Lawyers: Finding a Licensed US Immigration Attorney

United States Immigration Law and administrative regulations are varied and sometimes convoluted. The Immigration and Nationality Act itself is highly complicated and this complexity is compounded by the addition of case law across all of the federal circuits in the United States. This area requires a lawyer with a background in both general practice as well as immigration experience.

An immigrant's case can be seriously damaged by an agent who does not have proper training in American Immigration law. Also, those without proper licensure are not bound by the strict code of ethics placed upon US attorneys. Therefore, particularly in a very complex immigration matter, a licensed United States Immigration Attorney ought to be consulted.

In Bangkok a paramount issue for American/Thai bi-national couples who wish to get a US Visa based upon filial relationship (K3, K1, CR-1, IR-1) is that of retaining legal representation to compile the visa petition and submit that petition to USCIS as well as act on the couple's behalf at the US Embassy should the need arise. Sadly, certain so-called "notarios," immigration consultants, and unlicensed unaccredited persons holding themselves out as attorneys guide intending immigrants into unwanted legal difficulties because they have no idea how immigration law actually works.

With regard to US Immigration, only a duly licensed attorney licensed to practice law in at least one US State (or the District of Columbia, Puerto Rico, the US Virgin Islands, or Guam) is allowed to provide legal counsel and advice regarding visa matters. To advise a client or intending immigrnt about something as seemingly trivial as which form to fill out is considered to be the unlicensed practice of law according to federal law and USCIS intra-agency memoranda. This definition sets the bar for unlicensed practice of law so low with regard to American visas that essentially anyone operating as an "immigration consultant," is engaged in the unlicensed practice of law. With that in mind, there are legitimate agents that are not lawyer, but they retain the privilege (under certain conditions) to represent immigrants and act on their behalf before the United States Citizenship and Immigration Service. Generally, these "representatives," are worldwide nonprofit organizations and services designed to assist stateless people. In fact USCIS has made it clear that anyone who is not an attorney and is acting in any capacity as a representative is only allowed to take "nominal fees," for representation in order to be characterized as another type of non-lawyer representative.

The best way to determine if a US Visa Lawyer is trustworthy is to simply ask the attorney to produce his or her credentials. The federal, state, or commonwealth license procured should state a license number which may be used to ascertain if the attorney in question is in good standing with his bar association.

It is always prudent to make immigration decisions only after consulting with a licensed attorney in your jurisdiction.


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Bejamin W. Hart is an Immigration Attorney from America with an office in Bangkok Thailand. For more information about this and other areas of Immigration law please see American Visa Thailand and k1 visa thailand