Hiring an Attorney for a Thai Fiancee: Conducting Due Diligence

Posted on: November 22, 2009 by: admin

For those researching Immigration lawyers in Thailand, there seems to be one key concern: how do I know that my Thai fiance is receiving correct and competent legal advice from a professional? The answer: ask to see some credentials. Similar to a policeman asking a driver to produce a drivers license, a prospective client should not feel shy about asking to see their future attorney’s licenses in order to verify their credibility. Also, inquire as to what law school the attorney attended, if he or she graduated, and upon graduation what state bar exam was taken and passed in order to acquire a license to practice law. If the person in question evades the inquiry or becomes hostile, then this might be a sign that the person is hiding something…or is not what they say they are. Should the attorney provide information about the state in which they are licensed, then the next step is to check the attorney’s name against the State Bar or Supreme Court list of practicing attorneys. Each state or territory keeps an up to date record of all of the attorneys who are licensed to practice law in their courts. If the “attorney” is not on this list, then further inquiry may be required.

Usually at this phase, most people would wonder: “Am I going to trust my Thai fiance to an operator who fabricates information about their legal credentials?”

United States Immigration rules and regulations are a complex and constantly changing area of American law. On the surface, United States immigration may appear to be a straightforward endeavor and there are those who claim it is merely “filling in forms.” In many cases, after looking at the situation more closely people often find that this body of law is highly technical and complicated to the point of being nearly byzantine. Misrepresenting facts in a visa application can cause unforeseen difficulties for the petitioner and the beneficiary. Pose this question to yourself, “should I place my thai fiancee in the hands of a person who instructs her to lie to the U.S. Government?”

Ignorance of relevant immigration rules and deadlines can lead an unwitting couple into a situation where they are unable to achieve their immigration goals in the time frame they desire. When hiring an Immigration Attorney stay away from so-called “visa companies,” and “visa specialists,” as they are unsanctioned by the Immigration authorities at USCIS. Those to be most wary of: unqualified individuals who claim to be licensed lawyers when in reality they are not licensed in good standing in any American jurisdiction, and furthermore have probably not graduated from an accredited law school. An unethical operator such as this ought to be dismissed out of hand, because they can cause problems in a case due to lack of expertise and where something does go wrong, even where it is no fault of theirs, they still are unable to remedy the situation because USCIS will not correspond with an unlicensed agent. Only a licensed attorney will have the credibility to provide follow-up documentation in a 221g refusal at the US Embassy.

For more information please see: k1 visa.

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