In the Kingdom of Thailand, and around the world, there are so-called “visa agents,” “lawyers,” and “Immigration Advisors,” making ridiculous claims regarding how they can facilitate visa issuance for the Thai fiances, husbands, and wives of Lawful Permanent Residents and Citizens of the United States of America. One of the most outlandish claims is the notion that one of these operators can guarantee that a visa will be issued. All over the internet there are “fly by night operations” making such claims and they trick otherwise unwitting consumers into thinking that a US visa’s issuance can be guaranteed. The fact of the matter is: a United States visa cannot be guaranteed by anyone. No qualified attorney will assert, with 100% certainty, that a visa will be issued. USCIS adjudicators evaluate the facts of every Immigration petition and make their decision based upon the unique set of circumstances present in the case before them. The Consular staff at US Embassies and Consulates overseas make more factual findings in order to decide if a US visa should be issued. An attorney acts as an advocate for visa issuance. Further, a US Immigration lawyer will advise and assist clients in deciding upon the category of visa that is right for their situation. A competent Immigration attorney will do everything ethical to be certain that a visa is issued.
Look at the “fine print” of some of these “guarantees.” Generally, these “guarantors” simply guarantee “USCIS approval” which is just one component of the United States visa process and should not be confused with visa issuance.
In situations where an attorney enters his or her appearance in a case, he or she must represent their clients until the conclusion of the case, or until another mutually agreed upon point in the case. Another common practice of unlicensed and unqualified visa agents is to abandon clients when a case becomes too complicated or time consuming.
There are a great number of unsanctioned US “Immigration consultants” operating internationally. Pursuant to USCIS regulations, no individual is entitled as a matter of law to take money in exchange for providing immigration assistance unless they are a licensed attorney in at least one US State or Territory. Thus, unless a client is dealing with a qualified US lawyer they should not be remitting fees for the services of a “visa agent,” or “lawyer” who cannot provide proof of proper licensure. If dealing with one claiming to be a lawyer ask to see their US state or Federal license to practice law. If they cannot produce such documentation then there is a strong reason to believe that they are not entitled by law to represent clients before the United States Citizenship and Immigration Service (USCIS).
To learn more, please see my Thai fiance.