U.S. CONSULATE and/or I.N.S. OFFICE

Clients sometimes wonder, whether or not, they can just go to a Bureau of Citizenship and Immigration Services (CIS) Office, (formerly the INS), or a U.S. Consulate Office, and get the advice they need.

There are three branches of regulatory agencies in the U.S. Immigration System. These are as follows:

1. The State Department (Consulate)
2. Department of Homeland Security: Immigration Functions:
   
   

   a)	Bureau of Citizenship and Immigration Services (CIS) (adjudicates benefits)
   b)	Bureau of Immigration and Customs Enforcement (ICE) (interior enforcement)
   c)	Bureau of Customs and Border Prodtection (CBP) (border enforcement)

   
   
3. The Labour Department

Neither department can authoritatively speak for, and bind the other departments/bureaus. Furthermore, these departments are just too busy to give a client individual personal attention. They are not in the business of planning and arranging client’s affairs so that they become eligible for U.S. Immigration. (Just the way Canada Revenue Agency or the IRS is not in the position to advise clients how to arrange and plan their affairs to minimize their tax liability.)

These departments are much better at administration and enforcement than advising and planning for clients.

Furthermore, there is effectively a fourth branch, the Secretary of Health and Human Services, which deals with the Medical aspects of Immigration.

Many Clients were unaware that (prior to March 1, 2003) the immigration authorities had a dual function. Firstly, they had responsibility to process applications for immigration status. Secondly, they were required to report and prosecute violations of the immigration laws. This was an obvious conflict of interest.

For this and other reasons, the INS was reorganized into the new structure.

In the past, an innocent inquiry or application may result in a client being prosecuted for an offence. The material disclosed during the inquiry or application, becomes the starting point for an investigation that leads to a prosecution. Consequently it was best to have the assistance of an experienced immigration lawyer before making inquires or applications.

At this point in time, no one knows for sure, the level of segregation of information between the various subagencies within the Department of Homeland Security.

LEGAL ASSISTANCE

Clients often wonder whether they need to hire a qualified U.S. Lawyer or whether they can do it by themselves. Theoretically, if a client had all of the qualifications which a competent U.S. Immigration Lawyer has, then, in a simple case they can do it by themselves. However, it may take them many years of unnecessary delay to gain entry. For example, the Family Fourth preference takes over 10 years to become current. Obviously, it is impractical to rely on this preference. Furthermore, clients often feel they do not qualify for U.S. Immigration when in fact they do, because they did not consult with a competent U.S. Immigration Lawyer who would thoroughly analyze their individual situation. Even competent lawyers often hire other lawyers to represent them. Don't forget the legal maxim- "A client who acts for himself has a fool for a lawyer." It is very difficult to remain objective when acting for oneself.

Futhermore, clients often feel they do not qualify for U.S. Immigration when in fact they do; because they did not attend upon a competent U.S. Immigration Lawyer who will thoroughly analyze their individual situation.

CAN I JUST FILL IN THE FORMS ON MY OWN?

The practice of law consits of the following:

1.          The filling in of forms,
2.          The modification of forms,
3.          The supplementation of forms,
4.          The making of submissions, based on the application of the facts to the law.

Anyone can fill in forms and get rejected. The non-refundable application fee is then forfeited. It takes no skill to get rejected. However, it does take skill to submit a competently prepared application, supplemented by more than just the minimum documentation that the forms request.

EXPENSE

Clients are often concerned about the expense of legal fees. However, we have all had the experience of trying to do something ourselves when it would have been cheaper to hire someone who was experienced and qualified to do the work. Many times it costs more to correct the error than it would have originally cost to have paid a professional to do it right in the first place.

Unfortunately, Canadians need to qualify according to the U.S. law just like everyone else. There are APPROXIMATELY 54 TEMPORARY CATEGORIES available and there are APPROXIMATELY 100 PREFERENCES AND CATEGORIES that can be used to obtain a permanent visa. Obviously, it is important that a thorough analysis be conducted so that a client can make sure that he or she is eligible for all appropriate categories or visas.

NON LEGAL HELP

People often feel that they can use a non-lawyer. This problem was commented on by a knowledgeable New York lawyer who was a former member of the board of governors of the New York chapter of the American Immigration Lawyers Association.

"I am writing to you because I am concerned with the ever increasing numbers of disreputable persons who advocate, and permit the practice of fraud and deceit on the immigration service. They victimize the general public and tend to destroy our American ethics. By the time the victims visit a reputable lawyer they have little or no funds remaining to pay a reasonable fee to try to salvage their cases. These persons who prey on the general public are the many 'Notories', 'Travel Agents', 'Immigration Consultants', 'some Q.D.E.', and 'foreign-lawyers residing in New York'. . . . . 'There are many others."

HOW CAN A CLIENT HELP

Please keep in mind that clients are paying for a lawyers time and advice. However, a lawyer cannot change the truth. Therefore, a client can help by being truthful and frank about what they have done and what their situation truly is.  

© Andrew James Stuart, 2004