The State Department has published a proposed rule that would allow third parties to attend interviews for certain U.S. citizen services.

Key Points:

  • Under the proposed rule, third parties, including attorneys and interpreters, would be able to attend:
    • Appointments in support of an application for U.S. passports, either domestically or overseas.
    • Appointments related to a request for a Consular Report of Birth Abroad or a Certificate of Loss of Nationality of the United States.
    • Appointments for certain other services offered by American Citizens Services units at U.S. embassies and consulates overseas.
  • The State Department is accepting comments on the proposal until Sept. 25.

BAL Analysis: While State Department guidance has permitted third-party attendance at some appointments in the past, there are no regulations on the issue and policies vary from post to post. The Department said it published the proposal “to provide greater transparency to the public” and an “explicit framework” through which the department “may facilitate such third-party attendance” at interview appointments.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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