Can Approval be Guaranteed for My Thai Fiancee's Visa Application?
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. 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. A licensed US lawyer should act as an advocate for visa application approval. Further, a US Immigration lawyer will advise and assist clients in deciding upon the category of visa that is right for their situation. 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.
Where an attorney enters their appearance, they are also required to represent their client for the duration of the case, or to the point agreed to by the client. Another unfortunate occurrence in Thailand and elsewhere abroad is to see "visa agents" and "lawyers" abandon their clients and their clients' Thai fiancees and wives when the case becomes more complicated than originally anticipated.
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 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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