Integrity Legal

On this blog, we frequently take the time to point out the fact that only a US licensed attorney or other accredited representative can represent clients before the United States Citizenship and Immigration Service (USCIS), the National Visa Center (NVC), or the US Embassy in Bangkok. Recently, USCIS has promulgated a brochure for consumers regarding US Immigration and fraud perpetrated against unwitting immigrants. Unfortunately, there are those who claim to be US Immigration experts when they are in fact unlicensed to practice United States law. These people claim all sorts of titles in order to sound as though they have a right to practice American Immigration law. The fact of the matter is that there are only two types of representatives that USCIS or the Department of State recognizes as legally able to represent clients.

The first category of authorized representatives is Attorneys. To quote directly from the brochure, USCIS requires the following in order for an attorney to act as a representative for clients in an Immigration matter:

An attorney must be in good standing with a U.S. state bar association (or U.S. possession, territory, Commonwealth, or the District of Columbia) and may not be under any court order restricting their practice of law. The best way to protect yourself is to ask the attorney to show you their current attorney license document. Write down the information and contact the state bar admission office to verify the accuracy of the information.

In a further quote from this brochure, USCIS explains what an individual or organization needs in order to be recognized as an accredited representative in immigration matters:

An accredited representative must work for an organization that has permission from the Board of Immigration Appeals (BIA) to provide legal advice on immigration matters. The organization will have an order from the BIA that gives the accredited representative permission to assist individuals with their immigration applications and petitions. The best way to protect yourself is to ask the accredited representative to show you the BIA order. Write down the information and contact the BIA to verify the accuracy of the information.

There it is, from USCIS itself, there are only two ways to verify that one calling himself an attorney is actually certified or licensed to practice Immigration law. Those seeking Immigration advice would be wise to undertake the above measures in order to be certain that their representative is able to effectively represent their interests. So-called visa agents, Immigration Consultants, legal advisors, and/or anyone calling themselves a “lawyer” should be able to provide either a license to practice law in a US state or territory, a US bar membership card, or a letter of permission from the Board of Immigration Appeals, anyone who cannot produce one of these documents is not authorized under US law to practice in the area of United States Immigration. This brochure went on to note that only an American attorney or an accredited representative is entitled to submit a form G-28 to the USCIS service center. Anyone who prepares an application without including this G-28 document should be asked why they are not submitting it.

Tags: American Visa Thailand, Immigration attorney, Immigration Consultants, immigration law, Immigration Lawyer, us visa bangkok, US Visa Thailand, visa agents, visa consultants
Posted in Legal Opinion, Miscellaneous, US Consulate HCMC, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, USCIS | 29 Comments »

The United States Consulate at the American Embassy in Bangkok conducts most, if not all, of the immigrant and non-immigrant family based visa application interviews submitted by those resident in the Kingdom of Thailand. The Immigrant Visa Unit is a division of the United States Consulate which has been given the specific task of adjudicating Immigrant visa applications for travel documents such as the IR1 and the CR1 visa as well as the non-immigrant dual intent travel documents such as the K1 visa and the K3 visa.

The visa interview itself is viewed by many applicants with apprehension and fear as they are worried that it will be used in an attempt to undermine the applicant’s visa application. In reality, nothing could be further from the truth. In cases where the applicant has been candid, told the truth on the application forms,  and provided proper documentation the interview is simply an exercise on the part of the Consular Officers to determine that the applicant is who they say they are and that they meet the legal and factual requirements for visa issuance. The interview is not conducted in an effort to somehow humiliate or degrade the applicant, it is truly an investigation into the facts of the case. This being said, those that lie on an application or falsify documentation will likely have an unpleasant experience at the US Embassy as an Administrative Processing interview with the Fraud Prevention Unit can be a less-than-pleasant undertaking. Although courteous, the Consular Officers will often conduct their due diligence zealously in order to uncover the truth regarding the facts of the application.

Honesty is always the best policy when it comes to US Immigration matters. Unfortunately, some so-called “visa agents” in Thailand encourage applicants to lie in order to cover up some perceived problem with the application.  Not only is this practice unethical, but in the case of visa interviews it is almost cruel to send a non-native English speaker into the Embassy to be interrogated by officers trained and experienced in conducting these kinds of due diligence.

After the visa interview, should the application be approved, the Consular Officer will usually take the applicant’s passport and provide them with a “Red Card.” Many who research US Immigration are quite familiar with the so-called “Green Card,” which is the Resident Alien Card provided to aliens in the US as proof of lawful permanent residence in America. A “Red Card,” is the appellation that some Immigration attorneys in Thailand as well as Thai visa applicants have applied to the the small index card that the US Embassy in Bangkok provides the applicant should their passport be taken for visa issuance. The reason that this card is referred to it as a “Red Card” is due to the fact that the stamp on the card, which denotes (in Thai and English) the date and time that an applicant can pick up the passport and visa, is red.

Red Cards are not necessarily a guarantee of visa issuance as in rare cases necessary documentation is overlooked and must still be presented by the applicant. However, in the vast majority of cases when a Red Card it issued it means that the visa will more than likely be issued and can be picked up a few days after the conclusion of the interview.

Please note that each US Embassy or US Consulate has different administrative procedures and rules. Therefore, the information regarding “Red Card” issuance at the US Embassy in Bangkok may be completely irrelevant when it comes to other posts such as the US Embassy in Myanmar or the US Consulate in HCMC. Therefore it is advisable to refer to each Embassy’s individual website for specific information about processing a visa application through that particular post.

Tags: Administrative Processing, American Embassy Bangkok, American Embassy Thailand, CR-1 Visa, CR1 Visa, Fraud Prevention Unit, Green Card, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, Red Card, US Consulate, US Embassy, us embassy bangkok, us embassy thailand, Visa Interview
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, US Consulate HCMC, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand | 1 Comment »

One of the major questions invariably on the lips of prospective visa applicant’s and petitioners is: how long will the process take? This question is not as easily answered as some might think because the entire process is actually three processes in one. First there is the United States Citizenship and Immigration Service (USCIS) adjudication phase, then there is the National Visa Center (NVC) processing phase, and finally there is the US Embassy interview and adjudication phase. In most cases, the interview phase is the final phase of the process as the visa application is either approved or denied at this point. However, if there is a legal grounds of inadmissibility or if the applicant has previously been subject to deportation or expedited removal in the US, then either an I-601 waiver or an I-212 waiver may be necessary. In routine cases, the interview is usually the last major phase of the visa obtainment process.

That being said, the first major phase of the process involves the submission of petitions to USCIS. As many petitions are filed with USCIS each year, this phase of the process is often the most time consuming as the US Citizen or Lawful Permanent Resident’s petition must wait in the queue for adjudication.

Recently, USCIS updated their processing time estimates, below please find the most recent processing time estimates for family based petitions for K-1 visas, K-3 visas, and Immigrant visas.

The California Service Center processing times are as follows:

The Vermont Service Center processing times are as follows:

One should not misunderstand the above information, these processing times do not reflect the entire time that it takes to complete the entire visa process as a US Family visa petition must also process through the National Visa Center as well as the Embassy in the country where the visa is to be issued. In Thailand, most visa applications for family members of US Citizens or Lawful Permanent Residents are adjudicated at the US Embassy in Bangkok.

Tags: American Visa Thailand, K-1 Visa, K-3 Visa, K1 Visa, K1 visa processing time, K1 Visa Processing Times, K1 Visa Thailand, K3 Visa, K3 Visa processing time, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The US Embassy in Bangkok, Thailand is open throughout the year and keeps regular business hours from Monday to Friday of each week. The different Sections of the Embassy have differing operating hours which mostly depends upon each section’s internal administrative needs. However, many expats and tourists in Thailand are unaware that the Embassy is closed in observance of both Thai and American holidays. This can cause frustration as some people  go to the Embassy under the mistaken belief that it is open when in fact it is closed in observance of either a United States Federal Holiday or an official Holiday in the Kingdom of Thailand.

In 2009, this author went to the US Embassy thinking it would be open only to find it closed in observance of Veteran’s day. The author should have checked the closing schedule before going, but this is an example of how the more obscure holidays (both US and Thai) can be overlooked by those traveling to the Embassy. Therefore, in an effort to forestall others making this same mistake, particularly those who must travel a long way to get to the Embassy, we have provided the 2010 list of holiday closures at the American Embassy in Bangkok.

In order to provide up to date information for those who wish to go to the Embassy, the following is a list of the holiday observances in 2010. On these dates, the US Embassy in Bangkok and the US Consulate in Chiang Mai will be closed.

January 1 Friday New Year’s Day

January 18 Monday Martin Luther King, Jr.’s Birthday

February 15 Monday Presidents’ Day

April 6 Tuesday King Rama I Memorial and Chakri Day

April 13 Tuesday Songkran Day

April 14 Wednesday Songkran Day

April 15 Thursday Songkran Day

May 5 Wednesday Coronation Day

May 28 Friday Visakha Bucha Day

May 31 Monday Memorial Day

July 5 Monday Substitute for Independence Day

August 12 Thursday Her Majesty The Queen’s Birthday

September 6 Monday Labor Day

October 11 Monday Columbus Day

October 25 Monday Substitute for Chulalongkorn Day

November 11 Thursday Veterans Day

November 25 Thursday Thanksgiving Day

December 6 Monday Substitute for His Majesty the King’s Birthday

December 10 Friday Constitution Day

December 24 Friday Substitute for Christmas Day

December 31 Friday Substitute for New Year’s Day

As stated previously, on the above dates the Embassy will be closed, this includes the American Citizen Services Section of both the Embassy in Bangkok and the Consulate in Chiang Mai. This could lead to difficulties for those in emergency situations who need a passport. The United States Embassy provides Emergency contact information for those needing assistance while the Embassy is closed. Follow this url to the US Embassy website for more information about contacting the Embassy during holiday closing times: http://bangkok.usembassy.gov/holidays.html.

For those interested in more information about obtaining a US visa for a Thai loved one please see K1 visa or K3 visa.

Tags: American Citizen Services, American Citizen Services Bangkok, American Citizen Services Thailand, K1 Visa Thailand, K3 Visa Thailand, US Consulate Chiang Mai, US Consulate General Chiang Mai, us embassy bangkok, US Embassy Chiang Mai, us embassy thailand, US Visa Thailand
Posted in K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

Thailand visa issues seem to be one of the most popular topics discussed on this blog. This may be due to the fact that many people who travel to the Kingdom of Thailand find that they would prefer to remain for a long period of time. Unfortunately, obtaining a Thai long term visa seems to be getting more and more difficult as visa regulations become increasingly complex and cumbersome. That being said, there is one rule that can have a major impact upon one’s chances of obtaining a Thai visa. This rule deals with foreign passport validity.

In many cases, Thai Consular Officers working at Consulates and Embassies overseas are hesitant to provide long term visas to Thailand if the applicant’s underlying passport is not valid for the entire duration of the visa. This being said, there is a bright line rule at most Consulates: the applicant must have at least 6 months of validity left on their passport in order for any visa to be issued. However, as a practical matter Consular Officers have a great deal of discretion regarding visa issuance and short term passport validity is frowned upon. This negative attitude could translate into a Thai visa application’s denial if the officer is uncomfortable issuing a visa to the applicant based upon the totality of the circumstances.

For those interested in obtaining a Thailand visa it is wise to have a passport that is valid for at least one year. Further, some posts prefer machine readable passports as they provide an extra level of security and act as a means of preventing visa fraud because it is more difficult to forge a machine readable travel document.

As with US Consulates and Embassies, each Thai Consulate or Thai Embassy has a slightly unique procedure for processing visa applications and as a result the above information should be checked against the post policies and guidelines at the time of application. As a general rule, a Thai visa applicant would be wise to present a well-founded application along with a machine readable passport valid for more than six months, but preferably more than one year.

For Americans seeking a new passport in Thailand please contact the American Citizen Services Section of the US Embassy Bangkok as this office is primarily responsible for passport issuance to those resident in Thailand. For those living in Northern Thailand the US Consulate Chiang Mai can also assist with passport procurement for American Citizens.

Tags: 1 year Thai visa, 1 year Thailand visa, Long Term Thai Visa, Long Term Thailand Visa, passport, Thai Consulate, Thai Embassy, Thai Visa, Thailand Long Stay Visa, Thailand Long Term Visa, Thailand Visa, US Consulate Chiang Mai, us emabssy bangkok
Posted in Thai Embassy Kuala Lumpur, Thailand Embassy, Thailand Embassy Myanmar, Thailand Embassy Singapore, Thailand Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand | 2 Comments »

In a recent posting on the American Immigration Lawyers Association website the author noticed a revised list of the vaccinations that are required for those seeking Immigration benefits for the United States. Below is a direct quote from the AILA publication:

Under the immigration laws of the United States, a foreign national who applies for an immigrant visa abroad, or who seeks to adjust status as a permanent resident while in the United States, is required to receive vaccinations to prevent the following diseases:
Mumps
Measles
Rubella
Polio
Tetanus and Diphtheria Toxoids
Pertussis
Influenza Type B
Hepatitis B
Any other vaccine-preventable diseases recommended by the Advisory Committee for
Immunization Practices

This information could prove useful for those assisting a prospective immigrant. This being said, the rules and required vaccinations can be subject to frequent changes. Also, the US Embassy in Bangkok maintains a list of hospitals that are permitted to conduct medical examinations for US Immigration purposes. This list is subject to change and as a result those seeking medical examination for visa obtainment purposes would be wise to contact the United States Embassy in order to obtain the most up-to-date information.

In recent months, the United States Department of State and the Center for Disease Control have changed some of the rules regarding communicable diseases and United States Immigration. HIV has been taken off of the list of diseases that will act as a bar to admission into the United States. Therefore, those who previously were inadmissible to the USA due to the fact that they had HIV no longer need an HIV waiver (also known as an I-601 waiver) to overcome their inadmissibility and may now be eligible to enter the United States provided they meet other Department of State and USCIS requirements.

The United States government has a responsibility to make sure that those entering the USA are not carrying diseases that could pose a threat to the American Citizenry. To this end, Embassy staff and Civil Surgeons at overseas hospitals take their job very seriously. In Thailand, a major issue for some applicants is Tuberculosis. Some applicants are found to have or have had TB. In these situations, a battery of tests must be conducted in order to ensure that the disease has been eradicated and the applicant is no longer contagious.  For those who had TB in the past, a thorough search of the applicant’s medical records is conducted in order for the Civil Surgeon to be certain that the applicant no longer poses a threat to others. Although sometimes frustrating, the Medical Examination process is a necessary component of the due diligence conducted by the United States Embassies and US Consulates abroad.

Tags: HIV Waiver, Inadmissibility, Medical Examination, us embassy bangkok, US Immigration Rules, US Immigration Vaccinations, US Visa Medical Examination, US Visa Thailand, US Visa Vaccinations, Vaccinations, Waiver
Posted in US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

For a more detailed look at the J1 visa please see our main J1 visa page at: J1 visa Thailand. For further information about United States Immigration in general please see: US Visa Thailand.

The J1 Visa in 2010

As the new year begins this author is presented with an opportunity to re-explain the J1 visa and how it can be used by those Thais thinking of traveling to the United States of America as an Exchange Visitor. It is also an opportunity to briefly discuss some of the recently proposed changes to the J-1 visa rules and the future of the J1 visa in its current form.

For those who are not familiar with the J1 visa this visa category was designed to allow foreign nationals to come to the United States for limited employment purposes, specialized education, or cultural exchange. Some of those who use a J-1 visa are required to remain outside of the USA for statutorily specified period of time after their initial stay in the United States. These people are subject to what is called the Foreign Residence Requirement and cannot reenter the USA within 2 years after their initial J-1 visa without first obtaining a waiver.

Recently the United States Department of State proposed a rule that may have had a major impact upon those applying for a J1 visa. In a previous post on this blog, the issues surrounding this proposed rule were discussed, but the American Immigration Lawyers Association is now reporting that this proposed rule is being withdrawn by the American State Department. To quote directly from the AILA website:

“On December 23, 2009 the State Department published in the Federal Register a proposed rule titled Exchange Visitor Program– Secondary School Students. The Department revised existing regulations to provide greater specificity and clarity to sponsors of the Secondary School Student category with respect to the execution of sponsor oversight responsibilities under the exchange visitor program. This rule is being withdrawn because it was submitted prior to OMB completing review. The proposed rule is withdrawn in its entirety.”

Since this rule has been withdrawn there have been those who have noted that the regulations regarding the J-1 visa did not need to be modified. The proposed rule was withdrawn because it was promulgated before a required review period had elapsed. Therefore, there is good reason to believe that this proposed rule may be re-promulgated in the future. It remains to be seen how this will affect those applying for a J1 visa, but it would seem likely that an adoption of any new rule would, at least at first, create some confusion as the new regulations are implemented.

Since the J1 visa is a non-immigrant visa similar to a US tourist visa, it may be possible to apply for, and hopefully obtain, it at both a US Embassy or US Consulate. In Thailand, one could apply for this visa at either the US Consulate in Chiang Mai or the US Embassy in Bangkok depending upon where the applicant resides.

Tags: American Visa Thailand, Exchange Visitor Visa, J-1 visa, J-1 visa Thailand, J1 visa, J1 Visa Thailand, US Visa, US Visa Thailand
Posted in J1 Visa Thailand, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 4 Comments »

For detailed information about F-1 Student Visas please see: F1 Visa Thailand. For further reading about American Immigration from Thailand please see: US Visa Thailand.

The F-1 Visa in 2010

Unlike the J1 visa, the F1 Student Visa rules were left unmodified with no proposals for modification in 2009. That being said, the F1 visa could turn out to be a problem for those later filing for a family visa category such as a K-1 or K-3. This can be attributed to the fact that some of those who enter the United States on an initial F-1 visa either overstay their visa or remain for a long period of time in “duration of status.” Duration of status means that the visa holder is in status so long as underlying reason for traveling to the United States still exists. Those who remain for a long period of time in duration of status are unlikely to be later found inadmissible due to overstay as they usually do not accrue unlawful presence. However, their application and file may be placed into administrative processing while the Consular Officers make a determination regarding the applicant’s previous status in the United States. In some ways, this can be more frustrating than a finding of inadmissibility because Administrative Processing can take a great deal of time as the Consular Officers diligently research the applicant’s immigration history.

The F1 visa in Thailand is similar to the J1 visa in Thailand because the applicant may interview at the US Consulate in Chiang Mai rather than the US Embassy in Bangkok if the applicant lives in the Chiang Mai Consular district. One should not assume that one post is any “better,” than the other because at either post, the Consular Officers still make their decisions based upon the Immigration and Nationality Act (INA) and the Foreign Affairs Manual (FAM). It has been the author’s opinion that Consular Officers adjudicate cases “by the book,” and therefore any type of “forum shopping,” could be counterproductive.

Unlike a K1 visa, the F-1 visa is not a dual intent travel document so the Consular Officer must make a presumption of immigrant intent pursuant to section 214b of the INA. In order to overcome this presumption, the F1 visa applicant must demonstrate that they have “strong ties,” to Thailand and do not intend to remain in the United States past the expiration of their visa. The F-1 visa applicant must further prove that he or she has the financial resources necessary to pay for the educational course of study as well as living expenses in the US.

Tags: F-1 Visa, F-1 Visa Thailand, F1 Visa, F1 Visa Thailand, US Consulate Chiang Mai, US Consulate General Chiang Mai, us embassy bangkok, US Student Visa, US Student Visa Thailand
Posted in F1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand | No Comments »

For those interested in finding out detailed information regarding United States business visas from Thailand please see our main page at: B1 visa Thailand. For further general information about American Immigration from the Kingdom of Thailand please see: US Visa Thailand.

The B-1 Visa in 2010

In this writer’s opinion, the US Business Visa Process will probably remain relatively unchanged in 2010. That being said, it does provide an opportunity to re-explore this American travel document.

The B-1 Business visa is a non-immigrant visa intended for those who wish to travel to the United States for short term business purposes. It is not a dual intent visa meaning that one who applies for a B-1 visa must have bona fide non-immigrant intent. Those who have an undisclosed intention to immigrate to the United States of America at the time of application should disclose this fact in the application form and/or the visa interview. Failure to disclose immigrant intent could be construed as fraud and/or misrepresentation of a material fact. A finding of fraud and misrepresentation of material fact could lead to the applicant being found inadmissible to enter the United States. This inadmissibility would likely then only be remedied by an approved I-601 waiver application. Due to the drastic consequences that can befall a non-immigrant visa applicant, it is always wise to be completely candid on a visa application and explain all of one’s reasons for traveling to the United States of America.

The B1 visa is often issued in tandem with a US tourist visa, also known as a B2 visa. This visa category is utilized by those traveling to the United States for recreational purposes. Consular Officers will often issue combined B1/B2 visas because the applicant is planning a trip which combines elements of both business and pleasure. For example, a Thai doctor may travel to the United States to attend a medical seminar and visit family and friends after the seminar ends. In this case, a B1/B2 visa would be optimal because it encompasses all of the activities that the applicant will be undertaking in the United States.

As with many types of non-immigrant single intent visas, the applicant must overcome the statutory presumption of immigrant intent under section 214b of the United States Immigration and Nationality Act. The applicant must essentially show that they have such strong ties to Thailand (or any other country outside of the USA) that they will not remain in America past the expiration of their visa.

Tags: B-1 Visa, B-1 Visa Thailand, B-2 Visa, B-2 Visa Thailand, B1 visa, B1 Visa Thailand, B1/B2 Visa, B2 Visa, B2 Visa Thailand, US Business Visa Thailand, US Tourist Visa, US Tourist Visa Thailand
Posted in Thailand Business, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

For those who are interested in learning about the details of tourist visas from Thailand please see our main page at: US tourist visa Thailand. For those who would like to see information about all aspects of American Immigration from the Kingdom of Thailand please see: US Visa Thailand.

The United States B-2 Tourist Visa in 2010

In 2010, it is this author’s opinion that the B2 visa process will remain largely the same as it was in 2009. However, a brief comparison of the current B2 visa process with that of  the year 2000 could be revealing. In 2000, it was still possible to obtain a United States tourist visa through the mail. At that time, interviews were not required in certain situations if the applicant met some pre-conditions. There is anecdotal evidence which suggests that the US tourist visa application approval rate was higher prior to the introduction of the rule that there must be visa interviews for all non-immigrant visa applicants.

At the present time, an American tourist visa applicant can apply for a US Visitor Visa at either the US Embassy in Bangkok or the US Consulate-General in Chiang Mai provided the applicant resides in the Consular District. Unfortunately, this category is often sought by those who probably should not be seeking a tourist visa. This is particularly the case when it comes to Thai fiancees or girlfriends. In many cases, American citizens encourage their Thai fiancees and/or girlfriends to apply for a US tourist visa because it is a less time consuming process when compared to the application process for a K1 fiance visa. That being said, it is not an appropriate visa for those who intend to apply for adjustment of status in the United States. This is due to the fact that the US tourist visa is not a dual intent travel document meaning that the applicant must have true non-immigrant intent when he or she submits a tourist visa application. Lying about one’s intentions on a Department of State application form could lead to serious civil and criminal penalties as such activity could be construed as visa fraud. Further, one who has been found to be presenting a fraudulent visa application could be found inadmissible to the United States and barred from entering for a statutorily prescribed period of time. For those who wish to bring their loved one to the US, it may be wise to look into a K1, K3, or CR1 visa.

Even those with bona fide non-immigrant intent must still overcome the presumption of immigrant intent under section 214b of the United States Immigration and Nationality Act. One must prove that they have strong ties to Thailand (or any other country besides the US) and weak ties to the USA before a Consular Officer will approve a B2 visa application.

Tags: American Embassy Bangkok, American Embassy Thailand, B-2 Visa, B-2 Visa Thailand, B2 Visa, B2 Visa Thailand, us embassy bangkok, us embassy thailand, US Tourist Visa, US Tourist Visa Thailand
Posted in CR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 3 Comments »