Us Visa Lawyers Abroad

On many occasions, this author takes the opportunity to use the internet to provide general information about international legal issues

. The following article is particularly relevant from the standpoint of United States Immigration, but it is also an important piece that should be read by anyone seeking legal guidance regarding American law from outside the USA.

That being said, another frequently discussed subject that this author concentrates on is the unauthorized practice of American law by "visa companies" and "visa agents" or those claiming to be American lawyers or attorneys. This piece is not simply intended to be a tirade against such practices, but is instead meant to provide information regarding the detrimental impact that these individuals can have upon the interests of those who hire them.

Under section 292.1 of the US Code of Federal Regulations (CFR), a licensed American attorney is statutorily entitled to represent clients in matters arising before the United States Department of Homeland Security (DHS) which oversees the operations of the United States Citizenship and Immigration Service (USCIS) which has the statutory mandate to adjudicate US visa petitions. Some are not cognizant of the fact that those unaccredited organizations and/or individuals who assist people in choosing and preparing visa petitions for submission to USCIS are engaging in the unlicensed practice of American law if they are not: licensed to practice law in at least one American jurisdiction while, at the same time, being eligible to practice law in all US jurisdictions or certified by the Board of Immigration Appeals (BIA).

Licensure is not an insignificant matter, especially for those people who think that they are "represented" by those claiming to be "attorneys" or "lawyers" who are not, in fact, legally trained nor licensed to practice in the US. For example, if an American talks to an unlicensed individual about sensitive matters that can impact an Immigration petition or application, then such communications would not be considered subject to confidentiality under US law and also would not be protected under the American legal doctrine of attorney/client privilege. If an American is communicating in confidence to a licensed US attorney regarding an American legal matter, then such communication is "out of bounds" for US Courts and officers of the US government. However, the same communications, regardless of the fact that they may have been transmitted privately, with one who is unlicensed could be used as evidence in a US Court proceeding. Therefore, licensure is extremely important for those seeking benefits from the US government or for those who have dealings with the US authorities. This is especially true in US Immigration cases that involve a legal ground of excludability or an application for an I-601 waiver of inadmissibility as some information might negatively impact clients' interests and if transmitted in confidence to a licensed American attorney would be subject to US rules of attorney/client privilege. However, if the same information was transmitted to an unlicensed individual (whether claiming to be a US attorney or not) such information could be transmitted to the government, as no attorney/client privilege would attach. This information might then be used in an adverse manner against the subject at a later time.

For all of the aforementioned reasons, when a US Citizen is abroad it is always wise to check the credentials of any individual claiming to be a legal professional from the United States. An individual can provide adequate credentials if they can show their license to practice law before at least one State Supreme Court in the US, US Federal Court, or a license to practice law in one of the US territorial jurisdictions (Guam, Puerto Rico, the US Virgin Islands, etc). Anyone who refuses to provide any such credentials and yet still asserts that they are an American attorney or "lawyer" should be avoided until proof of credentials can be provided.

by: Ben Hart

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