Can Visa Issuance Be Guaranteed For My Thai Fiancee?

In Thailand, as well as elsewhere around the world, there are many companies and so-called “lawyers,” “visa agents,” and “Immigration Consultants,” making all sorts of outrageous claims regarding what they can do to facilitate visa issuance for the Thai fiancées and spouses of American Citizens and Lawful Permanent Residents. 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. One issue should be fully understood: No one can guarantee that a US visa will be granted. No ethical attorney can make the claim that a visa will be issued with 100% certainty. 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 officers at the United States Embassies and Consulates abroad make further factual findings to determine if US visa issuance is warranted based upon the facts before them. A licensed US lawyer should act as an advocate for visa application approval. Also, an American Immigration attorney can provide advice and assistance to clients regarding the type of visa that they should apply for. A qualified American Immigration attorney will likely exhaust all ethical methods to make certain that a visa is issued.

If one looks at the fine print of most of these so-called “guarantees” one will see that many of these guarantors only guarantee “USCIS approval” which is only one component of the US visa process and not the same thing as 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 many unlicensed “visa companies” operating outside of the United States of America. According to USCIS regulations no one is allowed to take money in exchange for providing advice regarding United States Immigration law unless they are a licensed attorney in one of the 50 US States or a territory of the United States. 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 someone claiming to be an attorney or lawyer ask to see their credentials, if they cannot produce a state or Federal license to practice US law, then they are not allowed to represent clients before the United States Department of Homeland Security which includes the United States Citizenship and Immigration Service (USCIS).

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