Attorney/Client Privilege and US Immigration from Thailand

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On numerous occasions, this author takes the chance to use the internet to give general details about international legal issues. The following post is particularly relevant from the standpoint of United States Immigration, but it is also an very important piece that should be read by anybody seeking legal guidance relating to American law from outside the USA.

That being mentioned, one more regularly discussed subject that this author concentrates on is the unauthorized practice of American law by "visa organizations" and "visa agents" or those claiming to be American lawyers or attorneys. This piece is not basically intended to be a tirade against such practices, but is rather meant to offer information concerning the detrimental impact that these people can have upon the interests of those who hire them.

Under section 292.1 of the United States Code of Federal Regulations, a licensed American attorney is entitled to represent customers prior to the United States Department of Homeland Security which has jurisdiction over the the United States Citizenship and Immigration Service (USCIS) which is given the task of adjudicating US visa petitions. Lots of are unaware of the truth that those unaccredited organizations or individuals who assist individuals in deciding upon and preparing visa petitions for submission to USCIS are engaging in the unauthorized practice of law if they are not: licensed to practice law in at least 1 American jurisdiction while, at the same time, getting eligible to practice law in all US jurisdictions or certified by the Board of Immigration Appeals (BIA).

Licensure is not an insignificant matter, specifically for those folks who feel that they are "represented" by those claiming to be "attorneys" or "lawyers" who are not, in reality, legally trained nor licensed to practice in the US. For instance, if a US Citizen speaks to an unlicensed person about sensitive legal matters that could impact an Immigration petition or application, then such communication would likely not be considered legally confidential under American law and also would likely not be protected under the US legal doctrine of attorney/client privilege. If an American is communicating in confidence to a licensed US attorney regarding an American legal matter, then such communication is "out of bounds" for US Courts and officers of the US government. Then again, the similar communications, regardless of the fact that they may perhaps have been transmitted privately, with one who is unlicensed could be used as evidence in a US Court proceeding. For that reason, licensure is really imperative for those seeking rewards from the US government or for those who have dealings with the US authorities. This is especially true in US Immigration cases that involve a legal ground of excludability or an application for an I-601 waiver of inadmissibility as some information may negatively impact clients' interests and if transmitted in confidence to a licensed American attorney would be subject to US rules of attorney/client privilege. However, if the very same information and facts was transmitted to an unlicensed individual (whether or not claiming to be a US attorney or not) such information and facts could be transmitted to the government, as no attorney/client privilege would attach. This data may possibly then be employed in an adverse manner against the topic at a later time.

For all of these factors, when an American is outside of the USA it is at all times prudent to check the credentials of everyone claiming to be an attorney from the United States. A individual claiming to be a US lawyer can supply sufficient credentials if he or she can deliver evidence of their license to practice law just before at least 1 State Supreme Court in America, US Federal Court, or a license to practice law in one of the outlying incorporated US jurisdictions (Guam, Puerto Rico, the US Virgin Islands, etc). Any individual who refuses to provide any such credentials and yet nonetheless asserts that they are an American attorney or "lawyer" need to be avoided until proof of credentials can be supplied.