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Us Visas, Immigration, And The Unlicensed Practice Of Law

By: Ben Hart Home | Legal


The unlicensed practice of law is an important concern as it has an extremely detrimental impact upon the public as a whole. This impact is felt most acutely by the communities of immigrants and prospective immigrants that are most adversely affected by unauthorized practitioners making claims of accreditation or licensure to represent immigrants and their American citizen family members in United States immigration and visa matters such as fiancee visa petitions or spousal visa petitions.

In the Kingdom of Thailand, many individuals (both Thai and American) are under the mistaken belief that any "visa agency," "visa company," or "immigration adviser," is authorized to assist in preparing visa petitions and applications submitted to the United States Citizenship and Immigration Service (USCIS). This is simply not true. The United States Department of Homeland Security, which has authority over the United States Citizenship and Immigration Service (USCIS), has definite rules regarding who is entitled represent clients in American immigration proceedings. Under current regulations, only an individual who is licensed to practice law before the highest Court in one of the 50 United States or US Territories and eligible to practice law in all American jurisdictions will be authorized to advise and represent clients before the Department of Homeland Security (DHS) as well as the agencies that are under DHS's jurisdiction (example: USCIS).

Recently, USCIS explored the issues surrounding the unauthorized practice of United States Immigration law. In a recent release distributed by USCIS the following information was reported:

"Many unauthorized practitioners promise to expedite cases, and then take an applicant's money and disappear - applicants are willing to pay more to an unauthorized practitioner than they would to a private attorney because they may believe that [they] can provide premium services..."* The notion that a "visa agency" has a "special relationship" with government officials is relatively common in Southeastern Asia and completely untrue. Anyone claiming to have a "special relationship," or "special influence," with American Immigration authorities in either the Department of Homeland Security or the Department of State is simply not telling the truth and should probably be avoided as no one should have a "special relationship" with government personnel and if they did it would likely constitute a crime. American officials in both the Department of Homeland Security and the US State Department adjudicate cases impartially based upon the unique set of facts and evidence presented in each case.

This author applauds the efforts of USCIS in studying the problem of unauthorized practitioners. Hopefully, these assessments will lead to concerted efforts on the part of American officials to pursue those who prey upon the immigrant and prospective immigrant communities both in the United States and abroad.

For those looking for advice regarding an American immigration matter it may be wise to ask a possible representative for information regarding his or her Bar Association Membership Card, License to Practice Law, or a License Number and State of Licensure. This information could be utilized when cross-referencing the attorney's credentials in order to ensure that one is retaining a licensed representative who is in good standing.

*http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0eaf6f44051e5210VgnVCM100000082ca60aRCRD&vgnextchannel=7dab1c7dcb507210VgnVCM100000082ca60aRCRD




Article Source: http://www.eArticlesOnline.com

About the Author:
Ben Hart is licensed to practice law in the State of Kansas and the Federal District Court of Kansas. He currently acts as Managing Director of Integrity Legal (Thailand) Co. Ltd. Contact Integrity Legal at: 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. See them on the internet at: K1 visa or American Lawyer Thailand.

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