American Immigration law is a rich tapestry of rules, regulations, and policy. One of the most commonly held misconceptions about US Immigration involves the so-called "Consular Processing" phase of the US visa application process. Consular Processing is required for nearly every US Family Visa category, but many believe that this phase is contentious. In reality, this is usually not the case.
In State Department Cable 99 State 21138, commonly referred to as 99 State, the American State Department outlines ways in which licensed US Immigration attorneys and Consular Officers can maintain professionally cordial relations while facilitating effective and efficient Consular Processing
The Cable first explains the ideal relationship between licensed American Immigration lawyers and United States Consular Officers:
"The relationship between consular officers and immigration attorneys can be productive. Consular officers can often learn a great deal from a conscientious attorney, and vice versa."
This is certainly true, Consular Officers, as well as other government personnel who play a role in the US Immigration process, are a wealth of information regarding Immigration policy and procedure.
"Consular officers should not pass judgment on applicants who choose to employ the services of an attorney. Some people are more comfortable working through an attorney no matter how straightforward or simple the visa case may appear to the consular officer."
This author understands why the above point was made, but, in his dealings with the US Embassy in Bangkok, he must say that no Consular Officer has ever passed any judgments against him or his clients based upon the client's decision to retain an attorney.
"One important service that attorneys provide to their clients is making sure that forms are correctly completed and necessary supporting documentation presented at the time of the interview."
This author agrees wholeheartedly with the above statement. One of the many valuable services that an Immigration attorney can provide is the knowledge of government documents and the most efficient manner of getting them properly compiled.
"Posts that establish clear and consistent procedures for responding to attorney inquiries save time and resources in the long run. As with Congressional correspondence, the fuller the explanation of a refusal or a 221(g) decision, the more you will help yourself."
221(G) requests for further documentation are considered visa denials by the Customs and Border Protection (CBP) Service. Those traveling to the United State through use of the Visa Waiver Program should bear this in mind. With that in mind, the American State Department labels 221g's as "refusals.In a way, a 221(g) is a refusal to issue a visa without further documentation. To a certain extent, the reciprocally beneficial relationship between Immigration lawyers and Consular Officers is most evident in the context of 221(g) denials. The Consular Officer usually promulgates such a denial in a situation in which more documentation is required. The visa lawyer can provide assistance to their client by helping to acquire requested documentation and assisting in presenting said documentation at the US Consulate as a way of facilitating a final decision on the application.
Author Resource:
Benjamin W. Hart is licensed to practice law in United State Federal District Court. He is currently the Managing Director of Integrity Legal (Thailand) Ltd. located in Bangkok. Contact Integrity Legal at 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. Please see more on the world wide web at US Embassy Thailand or k1 visa .
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