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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105151
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Only!)I have just heard that when DS-160 foreign is filled

Customer Question

For GUILLERMO (only!)I have just heard that when DS-160 for a foreign is filled out by a licensed U.S. atterney, legally and dully retained by the student (or may it me by the school on behalf of the student), there is completely different relationship to the application and and supporting documentation and the applicant themselves.Can you comment on the validity of this?What kind of legal relationship under U.S. Law can be formed between U.S immigration atterney and a visa petitioner from the foreign country directly and what role this atterney could play in overseeing the proceed if their consideration for the visa? If it's on the post-factum
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

Unfortunately, I cannot comment on that. It's the first I have heard of that. Where did you read that?

Customer: replied 5 months ago.
basis.And the same question -- of the attorney had rather official relationship withe schoolBut the bot***** *****ne would be, this U.S atterney would undersign that he prepared DS-160 for the applicant )there is a question there -- did you prepared the application yourself? And if not -- the fields will open to populate who did) thereby putting himself on official the record as applicant's legal representative.How else would you interpret this?
Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

That just means that someone else, perhaps an attorney, filled out the form, so that if there is an error, the beneficiary could claim it was the attorney's fault, perhaps. But I'm not sure I am getting your point. Are you trying to think of a way so that she can avoid any issues with the previously filed DS-160?

Customer: replied 5 months ago.
not entirely, no,
The main purpose would that consular officers would know that she is not a defenseless human being, but represented by the the licensed U.S. atterney in law, and that they would have to respect that the law.
That's of course if
1) there is such a legal construct as U.S. atterney on American Soil who gets retained by a citizen of another country remotely, the payment is made remotely but directly, and the retainer is in place, and it is for the services to cover her affairs while she is on what is legally considered to be American soil aboard (which US consulates and embassies are).
Customer: replied 5 months ago.
You never heard of U.S. immigration atterney representing somebody who was appearing in the consulate for visa? (not physically representing by standing in front on if the consular officer? Of course , but advising and and overseeing the whole process.
Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

Of course I have! I have done it myself, but I fail to see your point. Having an attorney does not guarantee success. Does it mean that the officers may behave a little better? Yes, but since there is no appeal process for a consular denial, the options are limited if the case is ultimately denied.

Customer: replied 5 months ago.
the officers will/may behave better?
Remember what we discussed she may bay need to do to get heard, don't you think being officially represented by an atterney may help a little to get proper consideration?
Or you think it may make things worse?... first you say it's the first time you hear about this, then You say of course you have, you've done it yourself.I am confused...
What did did you think I was asking about?
More importantly what were your reasons for doing it when you did it?
Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

Because you write tons of thoughts in your posts and sometimes it is difficult to decipher your meaning. Bot***** *****ne is that being represented by an attorney is no guarantee of approval and no, I don't think it will make it worse and yes, it could make them behave better and listen, but there is no guarantee of that either.

Customer: replied 5 months ago.
It sounds like you would recommend it, correct?
(...And since when in U.S. law practice having an atterney automatically guaranteed positive outcome? -- For that one hires judges.)But you said, "there is very little leverage". little means that there is some non the less.What is it?
Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

Yes, I definitively would recommend it. Again, there is no guarantee, but having an attorney involved can increase the possibility of getting an approval due to different elements being involved.

Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

Hello my friend. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Customer: replied 5 months ago.
I don't know if I should be keeping asking you to confirm that U.S. (Immigration) attorneys in law has jurisdiction in U.S. Consulates in Ukraine, but I have been getting mixed messages from paralegals of the local immigration law firms.
Can you put a final end to this dispute?
Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

It's not a question of jurisdiction. It's the type of law that needs to be represented and if it is U.S. immigration law, any attorney that is licensed in any state in the U.S. can represent a client in that type of law, no matter where they are in the world. I will give you the recent example of a case that I handled with the U.S. Embassy in Romania. They had no problem that I was in the U.S. representing a client in Romania.

Customer: replied 5 months ago.
to which degree your representation could extend in the case like this one? What actions of the consular officer would you be able to "object"?
...Since attorneys cannot be physically representing (i.e. speaking for) their clients during visa interviews...
Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

Unfortunately, even if the attorney was physically present, that's not how it works with immigration law which is administrative law and this is not a court procedure, so there are no "objections" to be made as there is no judge to decide on objections. What attorneys mostly do in those types of cases are put together the evidence in a way that can be reviewed quickly and efficiently and they can respond to any administrative processing that may happen. Here are a couple of links in case you have not seen them:

Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

Hello my friend, looks like you forgot about me. Do you need anything else on this session?

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