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Can Anyone Really Guarantee a US Visa for My Thai Fiancee?

By Ben Hart

Republish: EasyPublish™ Published: 28Nov2009 Word count: 517 Viewed: 357 time(s) Get Free Content For Your Site

The following article is intended as a source of information for those who wish to bring a loved one from Thailand to the United States. For some, further research may be required to determine the best immigration options and strategies.

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. Throughout the World Wide Web there are consultants and visa companies making these claims and they dupe otherwise innocent consumers into believing that a visa can be guaranteed. The fact of the matter is: a United States visa cannot be guaranteed by anyone. 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 visa issuance is warranted based upon the facts before them. An attorney acts as an advocate for visa issuance. Further, a US Immigration lawyer will advise and assist clients in deciding upon the category of visa that is right for their situation. A competent Immigration attorney will do everything ethical to be 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 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. Therefore, unless one is dealing with a licensed United States attorney, one should not be paying for the services of a so-called "visa agent," or "lawyer," who cannot produce credentials. 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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