Q: I have a meeting with the U. S. Embassy. I have a lawyer to help me? Is there a right to representation?
Answer: in fact, the basic answer is no. Most immigration lawyers are not interested to enter the U.S. consulate / embassy. The main reason for the indifference of lawyers' or non-participation in the consular process is the fact that the consuls almost complete jurisdiction in the case of the client, without significant review and ineligible for a lawyer to attend the Consulate to present legal arguments. The consular visa practice can be humiliating experience - door blocking access to lawyers consulates, visa window slammed shut and phone calls and letters went unanswered.
Q: What can a lawyer to help me?
Answer: It is proper for lawyers to play a role in the process of visa, the participation of lawyer in the case of visa does not mean anything wrong. Most lawyers are aware of and comply with rules of the game. Sometimes the complex world of visa, a good lawyer can set things up correctly, delete the "bad" cases, and alerts the risk of applicants falsifying information presented to consular officials. The lawyer can help ensure consular officer in the case of a logical way to explain the issues are, thus avoiding duplication of effort (reducing interview time), and that applicants provide the necessary understanding of the complexity of the visa process and thus reduce pressure on consular services to provide information about the applicant.
Q: Although my attorney can not go with me, can talk to the consulate and vice versa?
A. Ministry of Foreign Affairs Manual (FAM) requires consular officers recognized attorney-client relationship and to respond directly to lawyers. FAM provides that the consular officer may accept a letter printed on letterhead from a lawyer says a lawyer-client relationship as evidence of representation. U.S. Citizenship and Immigration Services (USCIS) Form G-28 is acceptable, but not as evidence of the lawyer-client relationship.
Even if the applicant lives in the consular district of the lawyers in the U.S., the consuls to respond directly to lawyers. In all cases, the consuls to respond directly to the applicant as well as copies of the communication is also provided with a lawyer. Immigrant visa (IV) case, the consular officer is obliged to inform the representative of record of the activities and final meeting of immigrant visas. However, many representative offices do not comply with this requirement, or if they do, they do so through a written summary.
Question: Is a lawyer never barred from going to interview?
Answer: Basically, each of the consulate's continued commitment to develop its own policy regarding the extent to which lawyers and other representatives may have physical access to consular or attend a visa interview. Regardless of the setting of rules must be consistent and uniformly throughout the consular post. If the lawyer knows that the presence of a lawyer would be allowed visa interview, should consider the lawyer indicated to the client for an interview. For example, U.S. Consulate General in Vancouver, Canada is currently legal policy that allows organizations to its clients in the visa interview. Consular Officer reserves the discretion to decide to what extent a lawyer can participate in the interview. Opposite end of the spectrum, consulates in Mexico are barred lawyers from the very start of consulates, said Sami allows full representation at the visa interview. Even contributions that do not allow the presence of a lawyer visa interview, some consular officials, however, the attorney general to discuss the case and listen to legal arguments.
Therefore, each embassy or consulate is different. However, a common lawyer you in other ways, even if it is not physically present at the interview.
Answer: in fact, the basic answer is no. Most immigration lawyers are not interested to enter the U.S. consulate / embassy. The main reason for the indifference of lawyers' or non-participation in the consular process is the fact that the consuls almost complete jurisdiction in the case of the client, without significant review and ineligible for a lawyer to attend the Consulate to present legal arguments. The consular visa practice can be humiliating experience - door blocking access to lawyers consulates, visa window slammed shut and phone calls and letters went unanswered.
Q: What can a lawyer to help me?Answer: It is proper for lawyers to play a role in the process of visa, the participation of lawyer in the case of visa does not mean anything wrong. Most lawyers are aware of and comply with rules of the game. Sometimes the complex world of visa, a good lawyer can set things up correctly, delete the "bad" cases, and alerts the risk of applicants falsifying information presented to consular officials. The lawyer can help ensure consular officer in the case of a logical way to explain the issues are, thus avoiding duplication of effort (reducing interview time), and that applicants provide the necessary understanding of the complexity of the visa process and thus reduce pressure on consular services to provide information about the applicant.
Q: Although my attorney can not go with me, can talk to the consulate and vice versa?
A. Ministry of Foreign Affairs Manual (FAM) requires consular officers recognized attorney-client relationship and to respond directly to lawyers. FAM provides that the consular officer may accept a letter printed on letterhead from a lawyer says a lawyer-client relationship as evidence of representation. U.S. Citizenship and Immigration Services (USCIS) Form G-28 is acceptable, but not as evidence of the lawyer-client relationship.
Even if the applicant lives in the consular district of the lawyers in the U.S., the consuls to respond directly to lawyers. In all cases, the consuls to respond directly to the applicant as well as copies of the communication is also provided with a lawyer. Immigrant visa (IV) case, the consular officer is obliged to inform the representative of record of the activities and final meeting of immigrant visas. However, many representative offices do not comply with this requirement, or if they do, they do so through a written summary.
Question: Is a lawyer never barred from going to interview?
Answer: Basically, each of the consulate's continued commitment to develop its own policy regarding the extent to which lawyers and other representatives may have physical access to consular or attend a visa interview. Regardless of the setting of rules must be consistent and uniformly throughout the consular post. If the lawyer knows that the presence of a lawyer would be allowed visa interview, should consider the lawyer indicated to the client for an interview. For example, U.S. Consulate General in Vancouver, Canada is currently legal policy that allows organizations to its clients in the visa interview. Consular Officer reserves the discretion to decide to what extent a lawyer can participate in the interview. Opposite end of the spectrum, consulates in Mexico are barred lawyers from the very start of consulates, said Sami allows full representation at the visa interview. Even contributions that do not allow the presence of a lawyer visa interview, some consular officials, however, the attorney general to discuss the case and listen to legal arguments.
Therefore, each embassy or consulate is different. However, a common lawyer you in other ways, even if it is not physically present at the interview.
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