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US Immigration: Do It Yourself Kits?

By Ben Hart

Republish: EasyPublish™ Published: 09May2010 Word count: 567 Viewed: 296 time(s) Get Free Content For Your Site

The following article delves into the issues associated with US Immigration and the use of "Kits" by those seeking either a K1 fiance visa or a US marriage visa for a foreign fiance or spouse.

American Immigration is an extremely complex area of United States law. This is likely attributable to the fact that this field of law is primarily driven by statute which can rapidly change if new legislation is enacted. Further, in order to efficiently execute relevant immigration law various agencies enact regulations to facilitate enforcement of relevant regulations.

The effectiveness of "Do it Yourself" Immigration kits is one that many prospective visa Petitioners have contemplated. There is a veritable cottage industry of internet retailers offering packages that claim to provide all of the necessary materials for one to effectively process a visa petition and application on behalf of a foreign loved one (usually these kits are "specifically tailored" to assist those with a Russian Fiancee, a Thai Fiancee, a Brazillian Fiancee, etc).

To be clear, this author has no particular problem with couples who choose not to hire an attorney to assist in filing a petition for a US visa. (Those who pursue visa benefits without retaining an attorney are referred to in Immigration circles as "Pro Se" Filers.) This author believes that representing oneself before the US government is an inalienable right enshrined in the Constitution itself. Unfortunately, some have tried to profit from some American Citizens' right to self petition for US Immigration benefits. In many cases, the information that these individuals offer is fairly shoddy. The claims made by those selling "kits" are often rather spurious and generally they are accompanied by guarantees of success. As this author has reiterated many times: no ethical individual can guarantee and outcome in a matter pending before the United States Citizenship and Immigration Service (USCIS), the National Visa Center (NVC), or a US Embassy abroad.

It should further be noted that most so called "Do It Yourself Kits" simply provide information that is already available in the public domain. Some people feel that the "Value Added" by visa kits is minimal. In many cases, such kits are produced by individuals who are neither licensed to practice law nor certified by the Board of Immigration Appeals.

What does this mean in real terms? For the Petitioner seeking practical guidance about the Immigration process many feel that "Kits" promise more than they deliver. For many, the money spent on visa kits would likely be better spent on retaining a competent immigration attorney who can assist in streamlining the process. If one simply wishes to save money, then many feel that simply keeping the money otherwise spent on a kit is a better strategy compared to spending money for a kit that offers little practical assistance.

In many cases, the information contained in these "Kits" is not up to date which can prove very problematic for couples already processing their application. Internal rules and Departmental regulations change so quickly that even attorneys practicing US Immigration law can sometimes feel as if the whole process is in a constant state of flux. Couple this with the fact that each US Embassy or Consulate abroad has its own set of local rules and one is left wondering if a "Kit" can ever provide information that is comprehensive enough to provide guidance about the US visa process as a whole.

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