Attorneys helping at the Consulate?
Question: I have an appointment at the U.S. Embassy. Can I have an attorney help me? Is there a right to representation?
Answer: Actually, the basic answer is no. Most immigration lawyers are indifferent to going to the U.S. Consulates/Embassies. The primary reason for lawyers' indifference or aversion to involvement in the consular process is the fact that consuls have virtually absolute authority to make decisions concerning a client's case, with no meaningful review and no right for the lawyer to be present at the consulate to present legal arguments. A consular visa practice can be a humiliating experience--with doors to consulates barring entrance to lawyers, visa windows slammed shut, and telephone calls and letters left unanswered.
Question: What can a lawyer do to help me?
Answer: There is an appropriate role for attorneys [http://www.californiaimmigration.us/about/the-speciailists] to play in the visa process; the involvement of an attorney in a visa case does not signify anything amiss. The majority of attorneys are aware of and adhere to the rules of the game. In the sometimes complex world of visas, a good attorney can prepare a case properly, weed out "bad" cases, and alert applicants to the risks of falsifying information presented to the consular officer. The attorney can help the consular officer by organizing a case in a logical manner; by clarifying issues of concern; by avoiding duplication of effort (reducing interview time); and by providing the applicant with the necessary understanding of the intricacies of the visa process thereby easing the pressure on consular sections to provide information to the applicant.
Question: Even though my lawyer cannot go with me, can he communicate with the Consulate and visa versa?
Answer: The State Department's Foreign Affairs Manual (FAM) requires consular officers [http://www.californiaimmigration.us/dos-final-rule-on-amended-requirements-for-religious-workers] to recognize a lawyer-client relationship and correspond directly with lawyers. The FAM provides that a consular officer may accept a letter on printed letterhead from a lawyer asserting a lawyer-client relationship as proof of representation. U.S. Citizenship and Immigration Services (USCIS) Form G-28 is acceptable, but not required, as proof of a lawyer-client relationship.
Even when the applicant lives in the consular district and the lawyer is in the U.S., consuls are required to correspond directly with the lawyer. In all cases, consuls are permitted to correspond directly with the applicant as well, if a copy of the communication is given simultaneously to the lawyer. In immigrant visa (IV) cases, consular officers are required to notify the lawyer of record of action taken at the final immigrant visa appointment. However, many consulates do not comply with this requirement or if they do, they do so by way of a summary form letter.
Question: Is a lawyer barred from ever going to the interview?
Answer: Actually, each consular post continues to have the discretion to establish its own policies regarding the extent to which attorneys and other representatives may have physical access to the consulates or attend visa interviews. Whatever policies are set must be consistent and applied equally to all throughout that consular post. If the lawyer knows that lawyer presence may be permitted at the visa interview, the lawyer should consider appearing with the client at the interview. For example, the U.S. Consulate General in Vancouver, Canada currently has a policy of permitting lawyers to accompany their clients to the visa interview. The consular officer retains the discretion to decide to what extent the lawyer may participate during the interview. On the other end of the spectrum, consulates in Mexico have barred lawyers from even entering the consulates, let alone allowing attorney representation during the visa interview. Even at posts that do not permit lawyer presence at visa interviews, some consular officers will nevertheless meet with a lawyer to discuss the case generally and listen to legal arguments.
Thus, each Consulate or Embassy is different. However, an attorney can usually help you in some manner, even if it is not being physically present at the interview.
Answer: Actually, the basic answer is no. Most immigration lawyers are indifferent to going to the U.S. Consulates/Embassies. The primary reason for lawyers' indifference or aversion to involvement in the consular process is the fact that consuls have virtually absolute authority to make decisions concerning a client's case, with no meaningful review and no right for the lawyer to be present at the consulate to present legal arguments. A consular visa practice can be a humiliating experience--with doors to consulates barring entrance to lawyers, visa windows slammed shut, and telephone calls and letters left unanswered.
Question: What can a lawyer do to help me?
Answer: There is an appropriate role for attorneys [http://www.californiaimmigration.us/about/the-speciailists] to play in the visa process; the involvement of an attorney in a visa case does not signify anything amiss. The majority of attorneys are aware of and adhere to the rules of the game. In the sometimes complex world of visas, a good attorney can prepare a case properly, weed out "bad" cases, and alert applicants to the risks of falsifying information presented to the consular officer. The attorney can help the consular officer by organizing a case in a logical manner; by clarifying issues of concern; by avoiding duplication of effort (reducing interview time); and by providing the applicant with the necessary understanding of the intricacies of the visa process thereby easing the pressure on consular sections to provide information to the applicant.
Question: Even though my lawyer cannot go with me, can he communicate with the Consulate and visa versa?
Answer: The State Department's Foreign Affairs Manual (FAM) requires consular officers [http://www.californiaimmigration.us/dos-final-rule-on-amended-requirements-for-religious-workers] to recognize a lawyer-client relationship and correspond directly with lawyers. The FAM provides that a consular officer may accept a letter on printed letterhead from a lawyer asserting a lawyer-client relationship as proof of representation. U.S. Citizenship and Immigration Services (USCIS) Form G-28 is acceptable, but not required, as proof of a lawyer-client relationship.
Even when the applicant lives in the consular district and the lawyer is in the U.S., consuls are required to correspond directly with the lawyer. In all cases, consuls are permitted to correspond directly with the applicant as well, if a copy of the communication is given simultaneously to the lawyer. In immigrant visa (IV) cases, consular officers are required to notify the lawyer of record of action taken at the final immigrant visa appointment. However, many consulates do not comply with this requirement or if they do, they do so by way of a summary form letter.
Question: Is a lawyer barred from ever going to the interview?
Answer: Actually, each consular post continues to have the discretion to establish its own policies regarding the extent to which attorneys and other representatives may have physical access to the consulates or attend visa interviews. Whatever policies are set must be consistent and applied equally to all throughout that consular post. If the lawyer knows that lawyer presence may be permitted at the visa interview, the lawyer should consider appearing with the client at the interview. For example, the U.S. Consulate General in Vancouver, Canada currently has a policy of permitting lawyers to accompany their clients to the visa interview. The consular officer retains the discretion to decide to what extent the lawyer may participate during the interview. On the other end of the spectrum, consulates in Mexico have barred lawyers from even entering the consulates, let alone allowing attorney representation during the visa interview. Even at posts that do not permit lawyer presence at visa interviews, some consular officers will nevertheless meet with a lawyer to discuss the case generally and listen to legal arguments.
Thus, each Consulate or Embassy is different. However, an attorney can usually help you in some manner, even if it is not being physically present at the interview.
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