Final rule, effective from June 12, 2024, allows attorneys, interpreters and other third parties to provide assistance at U.S. embassies

The U.S. Government issued a notice of proposed rulemaking (NPRM) in the Federal Register on July 26, 2023. This proposal has now been adopted as final and will take effect on June 12, 2024.

According to the final rule, attorneys, interpreters, and other third parties are permitted to attend specific appointments at passport agencies, centers, and U.S. embassies and consulates overseas to assist applicants. This rule applies to appointments related to U.S. passport applications, Consular Reports of Birth Abroad, Certificates of Loss of Nationality, and other services provided by American Citizens Services (ACS) units at U.S. embassies and consulates.

This final rule amends title 22 of the Code of Federal Regulations (CFR) by updating parts 50, 51, and 71 to publish regulations regarding when attorneys, interpreters, or other third parties may attend an appointment. The final rule also includes technical amendments to 22 CFR part 71.

The main comments that were received for the proposed rule during the notice period, includes:

• Concerns about third parties engaging in the unauthorized practice of law when attending these appointments;
• Concerns that the rule does not cover more types of appointments such as visa interviews;
• Concerns over the general consistency of this rule across the entire process.

In relation to concerns that the rule does not cover more types of appointments such as immigrant and non-immigrant visa interviews, the State Department indicated it will “defer to consular sections in deciding whether attorneys or other third parties may be present at a visa interview.”

Details:

• AILA, FR Regulations and Notices, DOS Final Rule on Third-Party Attendance at Appointments for Passport, Consular Report of Birth Abroad, and Certain Other Services (May 13, 2024).

This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Principal Lawyer, Janice Flynn at janice@flynnhodkinson.com.