Small Time Visa Preperation Job

[Stonecutter35777]

Hello all,

My wife and I have been answering a lot of visa "how-to's" for friends dealing with getting K1 visas and visitor visas through in the US. We have gotten my wife (back when she was my girlfriend) two visitor visas to the UK (I was stationed there), one visitor visa to the US, the K-1 fiance visa, and the subsequent adjustment of status. We did all of it 100% by ourselves and we have a pretty good working knowledge of those particular visa paths.

I am aware that giving friends advice and helping total strangers for a fee are two different things. But we really know the process for the very specific visas we worked for. So we were thinking of getting a webpage and setting up a super small time business of helping people get their head around the requirements for any of those visas and walking them through the process for a fee, nothing extravagent, just a little part time thing. We would not be representing them in any sort of proceedings and would not be "full service". We would not pay their visa fees and we would not submit their application for them. We would just literally walk them through the process in the correct timeline and answer any questions they had about forms and whatnot. I know that to actually represent an immigrant in court or in any official capacity would require either myself or someone else in this little tiny business to be a lawyer. But since we would most definitely not be doing that........are there any legal issues with us simply providing advice and experience to get them up to the point that they submit the application themselves? All we'd be doing is clearing up the bewildering fog of paperwork in bite sized pieces and on a timeline. Thanks everybody.

[7by7]

Where are you?

If in Thailand then there are no controls over or regulation of immigration advisers; unfortunately.

If in the UK then to do as you suggest you must be registered with the OISC.

If in the US I think you must be a licensed attorney; see this post.

[TerryLH]

Also, if here, there is the small problem of you working without a work permit.

[Stonecutter35777]

Whoops, sorry about not being clear. I am an American and in the USA. I read the "Visa Agents" thread before I posted but the comment by DirectorIntegrityLegal that "USCIS is quite clear on this and there are memos which categorically state that even telling a client which form that they should use constitutes 'consultation,'and therefore the unlicensed practice of US Immigration law." seems quite rediculous........ but believable with the over-regulation in my country. It never ceases to amaze me.

I bought a book to learn much of what I know about K-1 visas and the subsequent adjustment of status. That book was not the member of a bar association, it's just a book. It told me what forms to fill out. I have been able to find things in the Justice Department website stating that only an attorney may intervene on the behalf of an immigrant or represent an immigrant in court proceedings. But nothing about being a resource for someone trying to get a complicated K-1 package together. Maybe I'm not doing a very good job of conveying our amount of involvement in the process. Yes we will tell people which forms to fill out and give tips on what kind of personal "prove your relationship" information is beneficial, we will also organize their visa journey into a logical timeline. But we will not fill out the forms for them, pay any visa fees, nobody will sign anything like a contract, no promises made or implied, and of course we would not pretend to be some government agent. Basically we would clear things up enough for someone to be able to do it themselves. I would be most thankful if DirectorIntegrityLegal could send me a link to some of those memos he referenced. I dont want to break the law but I also dont want to let a good idea pass me by. Something official in black and white would be GREAT! Thanks guys!

Edited January 26, 2012 by Stonecutter35777

[7by7]

I bought a book to learn much of what I know about K-1 visas and the subsequent adjustment of status. That book was not the member of a bar association, it's just a book.

The book certainly wasn't; but what about the author?

These regulations may seem over the top at times, but are in place to protect those seeking advice.

I suggest you PM DirectorIntegrityLegal for the information you require, as he may miss this topic.