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American Immigration is a very complicated area of US jurisprudence. One of the most misunderstood aspects of the United States Immigration process is the Embassy interview. This stage is oftentimes referred to as the "Consular Processing" stage of the American Immigration process. Nearly all applicants for a K-1 visa, K3 Visa, IR-1 visa, and CR-1 visa are required to subject themselves to an interview before the visa application will be fully adjudicated. Many believe that this phase of the process is adversarial. In point of fact, this is simply untrue.

In State Department Cable 99 State 21138, commonly referred to as 99 State, the American State Department outlines ways in which licensed US Immigration attorneys and Consular Officers can maintain professionally cordial relations while facilitating effective and efficient Consular Processing

The Cable first explains the ideal relationship between licensed American Immigration lawyers and United States Consular Officers:

"The relationship between consular officers and immigration attorneys can be productive. Consular officers can often learn a great deal from a conscientious attorney, and vice versa."

This is certainly true, Consular Officers, as well as other government personnel who play a role in the US Immigration process, are a wealth of information regarding Immigration policy and procedure.

"Consular officers should not pass judgment on applicants who choose to employ the services of an attorney. Some people are more comfortable working through an attorney no matter how straightforward or simple the visa case may appear to the consular officer."

This author understands why the above point was made, but, in his dealings with the US Embassy in Bangkok, he must say that no Consular Officer has ever passed any judgments against him or his clients based upon the client's decision to retain an attorney.

"One important service that attorneys provide to their clients is making sure that forms are correctly completed and necessary supporting documentation presented at the time of the interview."

This author agrees wholeheartedly with the above statement. One of the many valuable services that an Immigration attorney can provide is the knowledge of government documents and the most efficient manner of getting them properly compiled.

"Posts that establish clear and consistent procedures for responding to attorney inquiries save time and resources in the long run. As with Congressional correspondence, the fuller the explanation of a refusal or a 221(g) decision, the more you will help yourself."

221(G) requests for further documentation are considered visa denials by the Customs and Border Protection (CBP) Service. Those individuals entering the United States on the Visa Waiver Program would be wise to bear this in mind. That being said, the Department of State classifies 221g's as "refusals." In a way, a 221(g) is an application denial pending further documentation. In many ways, the mutually beneficial aspects of the Immigration attorney/Consular Officer relationship is most apparent in the context of 221g refusals. The Consular Officer generally issues such a refusal in a case where further documentation is needed. The Immigration lawyer can advise the client/applicant about obtaining this documentation and submitting it to the Consulate in order to facilitate prompt adjudication.

Tags: Consular Processing, US Embassy Bangkok, US Embassy Thailand, US Visa Thailand