1. About these terms

These Terms govern your use of www.mkimmigrationindia.com (the “Website”) and your dealings with Mary Kennedy Immigration LLP (“we”, “us”, “our”, “the Firm”).

By using the Website you accept these Terms. If you do not accept them, please do not use it.

Our Privacy Policy is separate. It is a notice issued under the Digital Personal Data Protection Act, 2023. It does not form part of these Terms, and accepting these Terms is not your consent to the processing of your personal data. Consent is requested separately, at the point we collect your data.

2. Who we are

Mary Kennedy Immigration LLP

Chennai office: 3rd Floor, Old No. 117, New No. 211, Avvai Shanmugham Salai, Gopalapuram, Chennai, Tamil Nadu 600086, India
Telephone: +91 99406 60076

We are the India-based practice of the Mary Kennedy immigration group. We work alongside our affiliated United States firm, Law Offices of Mary Kennedy, LLC, of 1750 E Golf Road, Suite 1138, Schaumburg, Illinois 60173, USA, whose US-qualified attorneys provide advice on United States immigration law.

The two are separate legal entities. Your engagement letter will identify which entity you are contracting with, and for what.

3. Nature of this Website

This Website is informational. Its content does not constitute legal advice, and using it does not create a lawyer-client relationship.

The Firm confirms that the information furnished on this Website is true and genuine to the best of its knowledge.

4. Scope of our services

4.1 What we deal with

United States immigration law — non-immigrant and immigrant visa categories, adjustment of status (applying for permanent residence from within the US), consular processing (applying from outside the US), employment- and family-based petitions, and related US federal procedure.

4.2 What we do not advise on

We do not advise on Indian law, Indian taxation or Indian exchange control, or on the law of any jurisdiction other than the United States. For an Indian law question, please take separate advice from an advocate enrolled in India.

4.3 We do not appear before Indian forums

We are not instructed to appear before, and do not appear before, any court, tribunal, statutory body or regulatory authority in India.

4.4 Who advises you, and who regulates them

Advice on United States immigration law is provided by attorneys admitted to practise in the United States, at our affiliated United States firm. Mary Kennedy, Esq., Managing Attorney, is admitted to practise in the States of Illinois and Oregon and is a member of the American Immigration Lawyers Association. Those attorneys are regulated by the bars of the states in which they are admitted; clause 21.3 explains how to raise a professional conduct complaint.

4.5 We are a law practice, not a visa agent

We do not guarantee visas, do not sell “visa processing” as a commodity service, and do not act as agents for any employer, university or recruiter.

5. When we become your lawyers

5.1 Using this Website, submitting an enquiry, a telephone call or an exchange of messages does not create a lawyer-client relationship.

5.2 That relationship arises only when (a) a conflict-of-interest check has been completed and we have confirmed we can act; (b) an engagement letter has been signed by you and by an authorised representative; and (c) any advance fee specified in it has been received.

5.3 The initial consultation

We offer an initial consultation, without charge unless we tell you otherwise in writing beforehand. It is a limited-scope service: a preliminary assessment of your options based only on the facts you give us during it. It does not include reviewing your documents or verifying what you tell us, it is not a substitute for advice under an engagement letter, and no ongoing duty arises from it. In particular, we take no responsibility for any filing deadline, expiry date or limitation period unless and until you are formally engaged.

5.4 What to tell us at enquiry stage

So the consultation is useful, please do tell us your immigration history, including any refusal, overstay, arrest or withdrawn application. Please do not send original documents, or copies of passports, medical reports or criminal records, until we have confirmed we can act. Information sent before engagement is treated as confidential and will not be misused, but it may not attract legal professional privilege, and receiving it can in some circumstances prevent us from acting for another party.

6. Website content is not legal advice

6.1 All content on this Website — pages describing visa categories, articles, FAQs, guides, downloadable material, blog posts, this page and every other legal notice on it — is provided for general information only. It does not constitute legal advice and must not be relied on as a substitute for advice on your own circumstances. (Our Privacy Policy is excluded from this clause: it is a notice about how we handle your data, and the commitments in it are made to be relied on.)

6.2 United States immigration law changes frequently and sometimes without notice. Executive orders, policy memoranda, fee schedules, priority dates (your place in the queue for a visa category) and procedures may change between publication and the date you read this. We make no warranty that any content is current, complete or accurate when you access it.

6.3 Every matter turns on its own facts. An outcome described anywhere on this Website does not indicate what will happen in your case.

7. No guarantee of outcome

7.1 Immigration decisions are made by United States government agencies. We cannot and do not guarantee any outcome, approval, processing time, interview date, or the issue of any visa or status.

7.2 We do not control, and are not responsible for:

• government processing times and agency backlogs;
• requests for evidence (where an agency asks for more documents before deciding);
• administrative processing, and security or background checks;
• consular appointment scheduling and availability;
• visa bulletin retrogression (where priority dates move backwards and the queue gets longer);
• government shutdowns and suspensions of agency operations;
• and changes in law or policy.

7.3 Any estimate of timing or likelihood we give is an estimate based on experience, not a promise.

7.4 Nobody can guarantee you a visa. If anyone claiming to represent this Firm tells you otherwise, please report it — see clause 17.

8. Your responsibilities

You agree to give us complete, accurate and truthful information; to disclose all material facts, including any prior refusal, overstay, removal, arrest, charge, conviction or misrepresentation, whether or not you think it relevant; to tell us promptly of any change in your circumstances or contact details; to respond to our requests within the time we specify; to attend appointments, biometrics and interviews; and to pay fees when due.

Immigration filings depend on strict deadlines. If information is inaccurate or late, your application may be delayed, denied or abandoned. We are not liable for any consequence arising from information you have withheld or misstated.

No false or misleading information will knowingly be submitted to any authority on your behalf, and we may withdraw from any matter where we are asked to do so, or where we have been materially misled.

9. Who our client is in a sponsored matter

In many employment-based cases — including H-1B, L-1, O-1 and employment-based immigrant petitions — the employer is the petitioner and the individual is the beneficiary. Which of them we act for is not obvious, so it is stated in the engagement letter for every sponsored matter.

9.1 The engagement letter identifies the client, and whether we act for the employer, the beneficiary, or both.

9.2 We act for both only where each has given informed written consent to joint representation, having been told what that means.

9.3 Where we act jointly, information relevant to the petition is shared between employer and beneficiary. Neither can ask us to keep petition-relevant information from the other.

9.4 If their interests diverge — on termination, withdrawal of a petition, or a request to transfer it to another employer — we will tell both, and may have to withdraw from acting for one or both.

10. Original documents

Immigration matters run on originals — passports, degree and civil-status certificates, police clearance certificates and apostilled documents (Indian documents officially certified for use abroad).

We acknowledge in writing every original we receive, store originals securely, and return them to you on completion or termination of the matter, or earlier on request where the matter permits. Wherever a process permits a certified copy, we use one rather than the original.

11. Ending the engagement

11.1 You may end the engagement at any time, by written notice. You remain liable for fees and disbursements incurred up to that point, in accordance with the engagement letter.

11.2 We may withdraw where clause 8 applies, where fees remain unpaid after notice, where a conflict arises, or where professional obligations require it. Reasonable notice will be given, and we will not withdraw at a point calculated to prejudice you where that can be avoided.

11.3 On termination your file will, on request, be provided in accordance with the engagement letter and applicable professional obligations, and — where we are the representative of record before a United States agency — the steps required to withdraw that representation will be taken so that you or your new lawyer can take over.

12. Communications

12.1 Business hours

Chennai: Monday to Friday, 10:00–18:00 IST, excluding public holidays. Our United States colleagues work US hours; responses may be delayed by the time difference.

12.2 Reaching us

Telephone +91 99406 60076, the contact form at www.mkimmigrationindia.com/contact-us/, or in person at our Chennai office.

12.3 Sending documents

Please follow the guidance in Section 10 of our Privacy Policy. In short: bring documents in person or send them by tracked courier where you can, and telephone us first if you need to send something electronically, so we can tell you the safest route for that document.

12.4 WhatsApp and SMS

We use WhatsApp for scheduling, reminders and status updates. Please do not send identity documents, medical reports or criminal-record material by WhatsApp. These services are operated by third parties on their own terms and we do not control their security.

12.5 Marketing

Newsletters and legal updates go only to those who have opted in. You may unsubscribe at any time.

12.6 Advice given to you is specific to your circumstances. Please do not forward it to others as though it applied to them.

13. Confidentiality and privilege

The attorneys advising on your matter owe you duties of confidentiality under the professional rules applicable to them, and we impose the same duties on our own personnel. Communications made for the purpose of obtaining or giving legal advice may attract legal professional privilege.

Privilege in Indian proceedings is governed by the Bharatiya Sakshya Adhiniyam, 2023, and its application to communications with lawyers not enrolled in India is not settled. Privilege in United States proceedings is a separate question governed by United States law.

Privilege is yours, not ours, and may be lost if you disclose privileged communications to others. Confidential information is disclosed only where you authorise it, where the law or an order of a competent court or tribunal requires it, or where applicable professional rules require or permit it.

14. Fees

14.1 Professional fees, the payment method, the currency, and any refund terms are set out in your engagement letter, which will also identify which entity is invoicing you. Nothing on this Website is a quotation, and no fee is payable for an initial consultation unless we tell you otherwise in writing beforehand.

14.2 Government fees are separate. Filing, biometric, visa application, SEVIS (student record system) and premium processing fees are set by United States government agencies. They are payable in addition to professional fees, are subject to change without notice, and are generally non-refundable even if an application is refused.

14.3 Third-party costs — medical examinations, police clearance certificates, attestation and apostille, translation, courier and travel — are payable by you in addition.

14.4 Taxes

Where any Indian tax or levy applies, it is charged in addition at the prevailing rate.

15. Intellectual property

All content on this Website — text, graphics, logos, the “MK” mark and device, page design, downloadable documents and compilations — is owned by the Firm or its licensors and protected under the Copyright Act, 1957, the Trade Marks Act, 1999 and applicable international law.

You may view, download and print content for your own personal, non-commercial use. You may not reproduce, republish, distribute, adapt, frame, scrape, mine or commercially exploit it, or use it to train any machine learning or artificial intelligence system, without our prior written consent.

16. Acceptable use and third-party links

You must not use this Website for any unlawful or fraudulent purpose; to transmit malware or attempt unauthorised access; for automated scraping, harvesting or bulk downloading; to impersonate any person; to submit defamatory, obscene, threatening or infringing content; or in any way that impairs its availability or performance. We may suspend access for breach and report unlawful activity.

Links to third-party websites, including United States government sites, are provided for convenience. We do not control or endorse their content, and your use of them is at your own risk and subject to their terms.

17. Fraud warning

Immigration fraud targeting Indian applicants is common and sophisticated. Please note:

• we will never ask you to pay fees into a personal bank account, by cryptocurrency, or through any channel not confirmed in writing in your engagement letter;
• we will never guarantee a visa outcome;
• we do not employ agents, brokers or sub-agents to solicit clients, and we pay no referral commission to anyone;
• if you are not certain that a message, call or invoice genuinely came from us, do not act on it until you have telephoned us to verify it, using the number on this page rather than any number given in the message itself.

If you receive anything purporting to come from us that does not meet the above, do not act on it. Telephone +91 99406 60076 and tell us.

18. Disclaimers and liability

18.1 The Website is provided “as is” and “as available”. We do not warrant that it will be uninterrupted, error-free, or free of harmful components.

18.2 To the extent permitted by law, we exclude liability for loss arising from your use of, or inability to use, the Website, or from reliance on content published on it.

18.3 Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, wilful misconduct, or any liability that cannot lawfully be excluded.

18.4 These Website terms do not limit professional liability to a client. Where you are engaged under an engagement letter, liability for the legal services is governed by that letter and by the professional rules and insurance arrangements applicable to the attorneys concerned.

18.5 Where you deal with us as a consumer, any statutory rights you have are unaffected by this clause.

19. Your liability to us

You will be liable to us for loss we suffer as a result of information you have knowingly provided that is false or misleading, your unlawful use of this Website, or your breach of clause 16. This is limited to third-party claims and to direct loss, and does not extend to any loss caused by our own act or omission.

20. Force majeure

We are not liable for delay or failure caused by circumstances beyond our reasonable control, including government shutdown, suspension of agency operations, executive orders and policy changes, embassy or consulate closure, suspension of visa services, changes in law, natural disaster, epidemic, war, civil unrest, strike, failure of telecommunications, power failure or cyber-attack.

21. Complaints

21.1 About our service

Telephone +91 99406 60076, or send a message through the contact form at www.mkimmigrationindia.com/contact-us/ beginning with the word “Complaint”, or write to our Chennai office. We acknowledge within seven (7) calendar days and respond substantively within thirty (30) calendar days. If a matter is complex we will tell you, and will respond in any event within ninety (90) calendar days.

21.2 About your personal data

Use the contact routes in Section 17 of our Privacy Policy. The same periods apply.

21.3 About an attorney’s professional conduct

The attorneys advising on United States immigration matters are admitted in Illinois and Oregon. A complaint about professional conduct, as distinct from service, may be made to the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois, or to the Oregon State Bar, as appropriate.

21.4 Any statutory right you have to approach a consumer forum or other authority is unaffected.

22. Governing law and jurisdiction

22.1 These Terms, and any dispute arising out of or in connection with your use of this Website, are governed by the laws of India.

22.2 The courts at Chennai, Tamil Nadu have jurisdiction, subject to any statutory right you have to bring proceedings elsewhere.

22.3 Where you are engaged under an engagement letter, that letter governs the legal services and prevails over this clause in respect of them.

23. General

23.1 Severability

If any provision is invalid or unenforceable, the rest continues in force.

23.2 Waiver

Failure to enforce a provision is not a waiver of it.

23.3 Entire agreement

These Terms are the entire agreement between you and us in relation to your use of the Website. Where you are a client, your engagement letter governs the legal services and prevails to the extent of any inconsistency. Our Privacy Policy is a separate notice and is not part of this agreement.

23.4 Assignment

You may not assign your rights. We may assign these Terms only as part of a transfer of our practice, and only where the transferee assumes the same confidentiality and data protection obligations. Any transfer of your personal data will be notified to you and, where the law requires, your consent obtained.

23.5 Language

These Terms are made in English; any translation is for convenience and the English version prevails. This does not apply to our Privacy Policy, which is available in the languages stated in that policy.

23.6 Changes

We may amend these Terms. The current version and effective date are published on this page, and continued use after a change takes effect constitutes acceptance. Material changes affecting existing clients are notified directly. Our Privacy Policy is amended under the procedure in that policy, not under this clause.