Division of State cable 99 State 21138 was issued twenty-five years in the past this month. Entitled “Working Constructively With Immigration Attorneys” the cable highlights the significance to the visa software means of the working relationship between consular officers and immigration attorneys. The guiding hand behind 99 State 21138 was the late Stephen Okay. Fischel, who all through three a long time of service on the Division did greater than anybody to advertise the connection between consul and counsel.
To mark the anniversary, we current a number of the pearls of coverage knowledge supplied by 99 State 21138:
- The connection between consular officers and immigration attorneys will be productive. Consular officers can study a fantastic deal from a conscientious lawyer, and vice versa.
- Consular officers mustn’t move judgment on candidates who select to make use of the providers of an lawyer. Some individuals are extra snug working via an lawyer regardless of how simple or easy the visa case might seem to the consular officer.
- It’s as widespread for visa candidates to misrepresent info to consular officers as it’s for purchasers to misrepresent info or withhold info from their very own attorneys.
- One necessary service that attorneys present to their purchasers is ensuring that kinds are accurately accomplished and crucial supporting documentation offered on the time of the interview.
- If consular part coverage usually bars attorneys from visa interviews, particular person officers might nonetheless invite an lawyer to a particular interview to reply to questions that the applicant is unable to deal with, eg in sophisticated “E” visa circumstances the place the presence of an lawyer would clearly help the consular officer to grasp the case.
- Attorneys are paid to signify their purchasers to the perfect of their means, and shall be persistent in pursuing their circumstances. Ignoring them is not going to make them go away. After attorneys fail repeatedly to get via to a consular part they flip to the Visa Workplace, after which we’ve got to pester you for the solutions.
- Posts that set up clear and constant procedures for responding to lawyer inquiries save time and assets in the long term. As with Congressional correspondence, the fuller the reason of a refusal or a 221(g) determination, the extra you’ll assist your self.
- The perfect immigration attorneys know the legislation very effectively. They know the rules. If an lawyer insists that one thing will be finished for his/her consumer based mostly on his or her interpretation of the legislation, ask for a quotation. Let the lawyer be just right for you on behalf of the purchasers.
The twenty fifth anniversary of 99 State 21138 offers us pause to mirror on the present state of the working relationship between consular officers and immigration attorneys. The anniversary additionally supplies the chance to assume again fondly on Stephen Fischel, a outstanding human being and true pal to consular officers and immigration attorneys alike.
(This submit is tailored from an electronic mail shared to a number of AILA listservs with the writer’s permission.)