Cable 99: Working constructively with attorneys

February 2024 marks the 25th anniversary of the State Department’s famous cable, 99 State 21138 (“Cable 99”). The subject of Cable 99 is “working constructively with immigration attorneys” and provides guidance and instructions to consular officers on the vital role immigration attorneys play in connection with consular processing. It stresses the importance of consular officers having a positive working relationship with immigration attorneys.

Some of the key points of Cable 99, which benefit visa applicants, are:

• The relationship between consular officers and immigration attorneys can be productive. Consular officers can often learn a great deal from a conscientious attorney, and vice versa. Consular officers can benefit from attorneys’ experience and services on behalf of their clients.

• The use of an attorney is the client’s choice. (It is not a sign of guilt or trying to hide fraud.) Consular officers should not pass judgment on applicants or petitioners who choose to employ the services of an attorney. Some people are more comfortable working through an attorney, no matter how straightforward or simple the visa case may appear to the consular officer.

• A person’s employment of a lawyer does not constitute a “red flag” or signal the existence of a problem in the case.

• A visa applicant who has already hired an attorney should not be told that it was “unnecessary.”

• Under no circumstances should a consular officer (or their staff) inquire about the fee being charged for legal services in a specific case. (Many years in the past, I would have clients report to me that some staff members asked how much I had charged and/or tell the client they were wasting their money. Fortunately, we were able to obtain the visas, and the clients were absolutely thrilled.)

• One very important service that attorneys provide to clients is making sure that forms are correctly completed and necessary supporting documentation is presented at the time of the interview.

• The State Department further reminds consular officers that because attorneys are paid to represent their clients to the best of their ability, attorneys may be persistent (makulit) in pursuing the cases.