United States | Final rule allows attorneys to provide assistance at U.S. embassies

The State Department published a final rule on May 13 that will allow third parties to attend certain applicant/requester appointments at U.S. embassies, passport agencies and centers overseas to offer assistance.

Key Points:

• The third parties mentioned in the rule include, but are not limited to, private attorneys and interpreters.
• The rule applies only to the following appointments:
  • In support of a domestic or overseas U.S. passport application
  • A request for a Consular Report of Birth Abroad or a Certificate of Loss of Nationality of the United States
  • For certain other services offered by American Citizens Services units at U.S. embassies and consulates overseas
• Notice of the proposed rule was previously published on July 26, 2023.
• The final rule takes effect June 12, 2024.

Additional Information: This rule does not apply to visa-related services. In consideration of a public comment urging the State Department to consider expanding the rule to allow attorneys to accompany clients to immigrant and nonimmigrant visa interviews at U.S. embassies and consulates abroad, the Department acknowledged it will “defer to consular sections in deciding whether attorneys or other third parties may be present at a visa interview.”

This alert has been provided by the BAL U.S. Practice Group.

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