subject: Us Immigration Lawyers And The Fam [print this page] The United States Department of State has promulgated guidelines for their personnel who deal with visa matters. Some of these guidelines can be found in the Foreign Affairs Manual (FAM). Below is a brief overview of the FAM sections related to communication with an applicant's attorney of record.
There are some who under the mistaken impression that an alien is entitled to legal representation at a visa interview. Although applicants and petitioners have the right to attorney representation before the United States Citizenship and Immigration Service (USCIS), this is not true for US Embassies or Consulates as they are under the jurisdiction of the US State Department (DOS) and not the Department of Homeland Security (DHS). Each diplomatic or consular post has the latitude to set its own policy on this issue. To quote the Foreign Affairs manual directly:
"Each post has the discretion to establish its own policies regarding the extent to which attorneys and other representatives may have physical access to the Consulate or attend visa interviews, taking into consideration such factors as a particular consulate's physical layout and any space limitations or special security concerns. Whatever policies are set must be consistent and applied equally to all..." [9 FAM 40.4 N12.4]
Although provided a great deal of discretion with regard to attorney presence at the post, Consular Officers are still required to notify attorneys as to the status of an applicant's case:
"The post must send a notification of the action taken at the time of the final immigrant visa appointment to the applicant's attorney of record on a locally reproduced nonstandard form letter... If the immigrant visa is refused, you must hand a copy of the refusal letter...to the alien (making sure that the refusal worksheet is retained in the applicant's visa file)..." [9 FAM 40.4 N12.2]
Consular Officers may communicate directly with the applicant's attorney of record if they feel so inclined. This correspondence can be highly beneficial for all concerned as it can facilitate efficient case adjudication:
"You may correspond directly with the applicant's representative of record, even in cases where the applicant is physically present in the United States, unless the applicant requests otherwise..." [9 FAM 40.4 N12.1]
It should be noted that State Department personnel are required to treat a licensed American attorney working abroad in the same way as he or she would be treated if practicing in a jurisdiction of the United States of America.
"You must extend to a U.S. attorney who has been practicing abroad and is a member of a State bar association...the same courtesies in correspondence that are extended to an attorney practicing in the United States..." [9 FAM 40.4 N12.3]
This author can say from personal observation that Consular Officers generally process their caseload in an efficient and cordial manner. That being said, anyone claiming to have "special connections," at a US Embassy or Consulate should be dealt with cautiously. Some less-than-reputable individuals publicize absurd and outlandish assertions. In reality, State Department employees are required to make impartial decisions regarding visa matters and attempts to unduly influence their decisions could be met with severe sanctions.
To read the Foreign Affairs Manual in its entirety please see: http://www.state.gov/m/a/dir/regs/fam/
