What is visa planning?

The legal profession has long used the term "estate planning" to describe the practice of preserving and allocating distribution of an individual's assets.  The words "visa" and "planning" have been used in the past to refer to a plan or an approach to obtaining a single visa.  The concept behind "visa planning" is to approach applications for immigrant and non-immigrant status with a long-term perspective with special attention to transitions from one status to the next.

Clients like predictability.  They want to be informed.  The question "What can I do now?" is often followed by "What can I do in the future?" or "What options will open up later?"  A person that comes to the US in one non-immigrant status may find it necessary to transition into another.  Many firms focus on just the present petition.  Some advise the client on the renewal or other options as the client's status nears its end. 

There are clients who desire a comprehensive, long-term approach to their situation.  Of course, this can be difficult to do as immigration laws change the nature of benefits and as an individual's circumstances may change.

Some classifications actually require that sequential steps be taken in the future.  A good example is in the family immigration area.  A US citizen who wants to bring a fiancée to the US to eventually become a US citizen herself must go through the following steps: (1) initial fiancée petition to USCIS; (2) consular processing; (3)adjustment of status; (4) removal of conditions petition; and (5) naturalization.  These are all necessary steps and it is important that the US citizen is counseled regarding the long process to achieving this particular goal.

 A consultation at this office will inform the client of the opportunities and benefits available now and what may be available in the future.  This seems like a simple statement of what many offices do, but there are some offices that sell a particular petition and then merely contact the client when that visa classification nears the expiration date.  An approach that is too piecemeal leaves many clients paying a consultation fee for another consultation to see what options are available when the current status expires.  Of course, in light of changes in immigration laws, a person seeking long-term benefits must check periodically with their attorney to see if changes in the law affect their situation.

Unfortunately, there is also a very small minority that sell services for benefits for which the client simply does not qualify or from which the client cannot benefit.  State bar associations have disciplinary procedures for the unscrupulous who are eventually reported.  Please contact your state's bar association if you believe you have been a victim of a failure in the promise of competence.