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Confidentiality Issues and American Lawyers in Thailand

By Ben Hart

Republish: EasyPublish™ Published: 08Jun2010 Word count: 622 Viewed: 354 time(s) Get Free Content For Your Site

Repeatedly, this author uses internet articles and publications as a means of providing the public with information regarding the American Immigration process and the problems that can arise while a visa application is processing. In many cases, people are simply unaware of the rules regarding American visa issuance and this author's articles attempt to provide relevant general information that readers may find beneficial.

That being said, another frequently discussed subject that this author concentrates on is the unauthorized practice of American law by "visa companies" and "visa agents" or those claiming to be American lawyers or attorneys. This piece is not simply intended to be a tirade against such practices, but is instead meant to provide information regarding the detrimental impact that these individuals can have upon the interests of those who hire them.

Under section 292.1 of the United States Code of Federal Regulations, a licensed American attorney is entitled to represent clients before the United States Department of Homeland Security which has jurisdiction over the the United States Citizenship and Immigration Service (USCIS) which is given the task of adjudicating US visa petitions. Many are unaware of the fact that those unaccredited organizations or individuals who assist individuals in choosing and preparing visa petitions for submission to USCIS are engaging in the unauthorized practice of law if they are not: licensed to practice law in at least one US jurisdiction while being eligible to practice law in all US jurisdictions or certified by the Board of Immigration Appeals (BIA).

Licensure is not a trivial matter, especially for those individuals who believe that they are "represented" by those claiming to be "attorneys" or "lawyers" who are not, in fact, legally trained nor licensed to practice. For example, if an American talks to an unlicensed individual about sensitive matters that can impact an Immigration petition or application, then such communications would not be considered subject to confidentiality under US law and also would not be protected under the American legal doctrine of attorney/client privilege. If an American is communicating in confidence to a licensed US attorney regarding an American legal matter, then such communication is "out of bounds" for US Courts and officers of the US government. However, the same communications, regardless of the fact that they may have been transmitted privately, with one who is unlicensed could be used as evidence in a US Court proceeding. Therefore, licensure is extremely important for those seeking benefits from the US government or for those who have dealings with the US authorities. This is particularly true in US Immigration matters involving a legal ground of inadmissibility or an application for an I-601 waiver as certain information could be very detrimental to clients' interests and if imparted to a licensed American attorney would be confidential. However, if the same information was transmitted to an unlicensed individual (whether claiming to be a US attorney or not) such information could be transmitted to the government, as no attorney/client privilege would attach. This information could then be used against the subject at a later date.

For all of these reasons, when an American is outside of the USA it is always prudent to check the credentials of anyone claiming to be an attorney from the United States. An individual can provide adequate credentials if they can show their license to practice law before at least one State Supreme Court in the US, US Federal Court, or a license to practice law in one of the US territorial jurisdictions (Guam, Puerto Rico, the US Virgin Islands, etc). Anyone who refuses to provide any such credentials and yet still asserts that they are an American attorney or "lawyer" should be avoided until proof of credentials can be provided.

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