Can a K1 Visa Really Be Guaranteed For My Thai Fiancee?

Can a K1 Visa Really Be Guaranteed For My Thai Fiancee?

This article should be used, in conjunction with further research, as a resource to determine strategies for obtaining a United States visa for a Thai Fiancee. Nothing herein should be construed as a replace thorough research legal advice.

In Thailand, in addition as in other places 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 ease visa issuance for the Thai fiancees and spouses of American Citizens and Lawful long-lasting Residents. One of the most outlandish claims is the concept that one of these operators can guarantee that a visa will be issued. All over the internet, there are visa companies, consultants, agents, and already phony lawyers making such claims and they often trick the unwitting public into believing that the approval of a US visa application 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. Officers at the United States Citizenship and Immigration Service (USCIS) examine the facts in each Immigration appeal on an individual basis and their ultimate decision is based upon the specific facts in the case. The Consular officers at the American Embassies and Consulates overseas make more factual determinations as to visa issuance based upon the rare set of facts in a given case.

A licensed lawyer acts as an advocate for the issuance of a visa. 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 part of the US visa course of action and not the same thing as visa issuance.

Where an attorney enters their turn up, 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 in other places oversea 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 expected.

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. consequently, unless one is dealing with a licensed United States attorney, one should not be paying for the sets 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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