Integrity Legal

The K1 visa was designed to provide a means and method for foreign fiancees to travel to the United States of America in order to be reunited with their US Citizen loved one. It is commonly referred to as a Fiancee visa because that is this visa’s intended use. The major upside of the K1 visa is the fact that it has the fastest processing time when compared to marriage visas such as the K3 visa and CR1 visa. However, the K1 visa does require that the applicant adjust status to lawful permanent residence after entry in the United States. Generally, this process takes approximately 6 months from application submission until final adjustment decision.

An I-601 waiver is necessary for those who have been found inadmissible to the United States based upon one of the legal grounds of inadmissibility found under the provisions of the United States Immigration and Nationality Act. In Thailand, the two most common grounds of inadmissibility are the result of factual findings that the applicant engaged in prostitution within 10 years prior to the application’s submission or a finding that the applicant overstayed in the United States while present on a prior US visa.

Many pose the question: if My Thai fiancee is approved for one of the aforementioned waivers, will she need to ever deal with the issue again? The short answer: no. Once an I-601 waiver application is approved it is binding upon later proceedings. Therefore, if the Office of the United States Citizenship and Immigration Service (USCIS) in Bangkok approves a waiver application, then that holding based upon those facts will be respected by a local USCIS office adjudicating all later matters that have to do with the alien’s presence in the United States.

An example of how this can play out: a Thai fiancee is denied for a K1 visa based upon a legal grounds of inadmissibility, the case is forwarded to USCIS Bangkok pursuant to an application for an I-601 waiver, the I-601 waiver application is approved, the case is forwarded back to the Consulate at the US Embassy, the US Consulate issues the visa, the applicant travels to the USA, is lawfully admitted, marries the American Citizen fiance, and applies for adjustment of status. In this scenario, the prior waiver would be recognized during the adjustment proceedings and therefore the issue would likely not be re-visited. The major upside to a waiver being approved overseas is the fact that it provides certainty as to how the process will move forward and may also be beneficial because waiver issues will be put to rest outside of the jurisdiction in which the American Citizen resides.

Tags: CR1 Visa, I-601 Waiver, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Consulate, US Consulate Chiang Mai, US Embassy, us embassy bangkok, US Visa, US Visa Thailand, US Visa Waiver, USCIS, USCIS Bangkok
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, 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, USCIS, Visa Waiver | No Comments »

When visa applications are submitted they process through the US Immigration system. The process depends upon the type of visa being sought. In situations in which applicants are seeking a K1 visa, K3 visa, CR1 visa, or IR1 visa the process is often routine, but many get through the entire process to find themselves confronted with a 221(g) refusal. AILA recently distributed an article dealing with this issue as it now has an impact upon those who utilize the Visa Waiver program and ESTA (the Electronic System for Travel Authorization) when traveling to the USA. To quote the publication’s section on 221(g) refusals:

“Section 221(g) of the INA provides for a temporary refusal when an otherwise qualified visa applicant is found to be lacking a specific document, or when a consular officer determines that additional security clearance is required. Consular officers beneficially use 221(g) as a way of affording applicants every opportunity to supplement their applications in order to address concerns – such as possible fraud – that arise at the visa interview. Once the deficiency is satisfied, or the concern resolved, 221(g) refusal is “overcome” and the visa may be issued.”

221(g) denials can truly be a boon to both the Consular Officer and the Immigration attorney as it provides a clear indication of what needs to be presented in order to facilitate visa issuance. That being said, Consular Officers can re-issue 221(g) refusals, but this rarely occurs as many officers seem to make a point of ensuring that all other documents are compiled before issuing an initial 221(g).

Many people wish to know information regarding common reasons for 221(g) refusal. AILA provides a brief overview of the common reasons for this type of denial. To further quote the aforementioned publication:

“1. The applicant is asked to provide additional supporting documents, such as proof of local employment;
2. The applicant is employed in a field listed on the Technology Alert List (TAL) and the consular officer requests a Visas Mantis Security Advisory Opinion (“SAO”). (This is one of the most common scenarios in which applicants in India, China and elsewhere are told their applications require “administrative processing.”)
3. The consular officer requests an Advisory Opinion from the Visa Office on the applicability of one of the statutory grounds of inadmissibility.
4. There are no empty visa pages in the applicant’s passport, or the application photograph does not meet quality standards.
5. The applicant’s petition approval is not yet listed in PIMS.”

In many cases, 221(g) refusals are routine and they usually do not have a detrimental impact upon travelers to the USA. However, in recent months it has been announced that the Customs and Border Protection (CBP) Service treats 221g refusals as denials when posing the question “have you ever been denied a visa to the USA” on the ESTA registration form. It would appear that the ESTA system “red flags” those who have been “denied” a prior visa and asks that some of these applicants receive an actual visa (in most cases a US tourist visa) before traveling to the USA which could cause delays to those wishing to enter the country.

Currently, the Kingdom of Thailand does not participate in the American Visa Waiver Program so this issue with CBP will have little impact for Thai nationals traveling to the United States. However, people in Thailand who hold the nationality of a country which participates in the Visa Waiver Program may be effected by this new regulation if they are presented with a 221(G) denial by a Consular Officer at the US Embassy in Bangkok.

Tags: AILA, American Visa Thailand, CBP, CR1 Visa, CR1 Visa Thailand, ESTA, IR1 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Tourist Visa, US Visa, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

J-1 visas are meant for those who are entering an exchange visitor program or traveling to the USA for the purpose of doing specific types of work (most notably: Au pair child care). This visa has been in existence for many years and the rules regarding issuance have not be modified in a long while.

Recently the American State Department has proposed making changes to the system whereby foreign nationals obtain the J1 Exchange visitor visa. The American Immigration Lawyers Association (AILA) has recently promulgated comments on the proposed changes in an effort to provide a different perspective to those who will ultimately pass these rules. In a recent press release AILA stated:

“We commend the United States Department of State (the Department) for acting on its goals to update and improve the Exchange Visitor Program through the first significant proposed rulemaking since 1993. We also recognize and applaud the Department’s efforts to increase overall program oversight, but we urge the Department not to do so at the risk of weakening the very foundation on which the J-1 program rests.”

Not everything in this press release was laudatory as the Association also noted that some of the proposed rule changes might actually undermine the original intent of the J1 visa legislation:

“[W]hile we recognize that the Department [of State] must demand accountability on the part of sponsors of the J-1 program, we fear that it has used the medium of this proposed regulation as a means of eroding the range and number of opportunities for young men and women to learn about our culture and return to share important skills and insights with their compatriots. AILA recognizes the major role that the Fulbright-Hays Act has played for nearly 50 years to instill trust and promote understanding, education, and training among people of dramatically divergent cultures and for the mutual benefit of our people as well as the people of nations struggling to achieve financial and
cultural independence. It is crucial that the full range of these opportunities continues to exist.”

The J-1 visa is an example of a valuable method not only for providing advanced education to foreign nationals, but also for spreading American culture and American ideas to other countries. Undermining this system of cross-cultural exchange would indeed be detrimental. However, the US State Department does have an obligation to investigate candidates and sponsors for J-1 Exchange Visitor visas in an effort to be certain that the visa is being issued for appropriate reasons and to appropriate applicants. Hopefully, the American State Department can find a proper balance whereby the security needs of American Citizens are protected while cross-cultural exchange is still facilitated. As with many non-immigrant visas, both the US Embassy in Bangkok and the US Consulate in Chiang Mai can issue such travel documents to applicants in Thailand.

Tags: American Visa Thailand, Exchange Visitor Visa, Exchange Visitor Visa Thailand, J-1 visa Thailand, J1 visa, J1 Visa Thailand, Thai J1 visa, US Consulate Chiang Mai, us embassy bangkok, US Exchange Visitor Visa, US Visa Thailand
Posted in J1 Visa Thailand, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

Recently, this author was asked about whether or not Thailand and the USA share an extradition Treaty and, if so, what are the ramifications of an American criminal warrant or conviction for those living in Thailand.

Extradition, “is the official process whereby one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal.”

Thailand and the United States currently have an Extradition Treaty. It is similar to the US-Thai Amity Treaty in that it is bilateral, but the subject matter of the Amity Treaty is very different compared to that of an Extradition Treaty. An Extradition Treaty provides a framework whereby the United States authorities can request that a suspect be handed over to the American authorities. That being said, for more information on specific legal citations please see the relevant Wikipedia page.

As Thailand and the United States share an Extradition Treaty, a person with American Criminal Warrants or American Arrest Warrants could be subjected to United States jurisdiction while in Thailand or while traveling between Thailand and another country. Even if not arrested in Thailand, it is always wise for those with criminal warrants or convictions to deal with the matter so that it can be “put to rest.” It is never wise to run from one’s criminal problems.

For those with a prior criminal conviction or pending criminal warrants the issue of passport re-issuance can be critical. The United States Embassy in Bangkok, Thailand and the United States Consulate-General in Chiang Mai assist with new passport re-issuance through their American Citizen Services Sections. If one is currently wanted in a US jurisdiction, then the Consular Officers at American Citizen Services are unlikely to issue a new passport or travel document until the American (or foreign national)  in question returns to the United States to deal with the pending matter.

Of further importance to many non-US Citizens with pending American criminal warrants is the effect of criminal proceedings upon one’s ability to acquire United States Immigration benefits (most importantly, a US visa). If one has an arrest or conviction for domestic violence, this fact could have a major impact upon one’s ability to petition for a K1 visa due to the provisions in the Adam Walsh Act and other relevant US law. Further, if one has a criminal conviction in the US, the underlying facts of the case could lead to a later finding of inadmissibility by a Consular Officer adjudicating a later visa application. In some cases, an I601 waiver may be available for those who are found to be inadmissible. Consulting with an attorney experienced in Immigration matters could provide insight regarding the Immigration ramifications of an American criminal conviction.

An American attorney in Thailand (or southeast Asia) could be of assistance to a client by acting as a liaison with American authorities or with other American attorneys. Simply providing legal advice regarding the impact of one’s prior choices could be a boon to some as well. No attorney can assist in evading US law, but a lawyer licensed in the United States could assist by providing legal counsel and advice regarding the ramifications of a client’s previous decisions.

Tags: American Criminal Conviction Thailand, American Warrant Thailand, Criminal Conviction American Passport, Criminal Conviction US Passport, Criminal Warrant American Passport, Criminal Warrant Thailand, Criminal Warrant US Passport, I-601, I-601 Waiver, I601, I601 Waiver, K-1 Visa, K-1 Visa Thailand, K1 Visa, K1 Visa Thailand, US Criminal Conviction Thailand, US Visa, US Visa Thailand, US Warrant Thailand
Posted in Fiance Visa Thailand, General Legal Information, K1 Visa, K1 Visa Thailand, Legal Opinion, Miscellaneous, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

Although the weather is still tropical, albeit cooler, it is the western holiday season in Bangkok, Thailand. This means that the United States Embassy, as well as other government agencies, sees many of their personnel taking leave in order to visit family and friends in the United States of America. This time of year can sometimes cause delays for visa applications, particularly those that are subject to a 221g refusal or have been placed in administrative processing for further review.

Around the American holiday season it is common for Embassy and Consulate staff to take leave in order to return to the United States of America to be with friends or loved ones. This can cause the usual tempo of the post to slow down. As with any organization be it private, non-profit, for-profit, or governmental the holidays can cause delays due to staff shortages. Those with pending visa applications should exercise patience regarding case adjudication during the holidays. That being said, Embassy and Consulate personnel are very diligent in processing cases and, from this author’s observation, really go above and beyond at holiday time to try to keep the process moving at the usual pace.

In order to forestall delays in the processing of US visas it is incumbent upon the applicant to provide all relevant documentation and provide completed visa application forms.

It is wise for applicants to also keep in mind that the United States Embassy is closed on Thai holidays as well as official United States holidays. Many forget this fact and arrive at the Embassy to find it closed. For those in this situation it is wise to note the US Embassy Holiday closing schedule. American Citizens seeking to obtain notarizations, Consular Reports of Birth Abroad, visa pages, or new passports should also note that the American Citizen Services section of the US Embassy is also closed on Thai holidays as well as American holidays. The US Consulate in Chiang Mai has the same holiday schedule as the US Embassy in Bangkok. One would be safe in assuming that the Bangkok office of the United States Citizenship and Immigration Service (USCIS) would be closed on the same days as the US Embassy regardless of the fact that they are two separate United States government agencies.

As with many issues arising in the field of United States Immigration: prior preparation through knowledge of the Embassy closure as well as presentation of a fully compiled visa application can save time for all concerned and go far toward ensuring efficient visa application processing.

Tags: American Consulate Chiang Mai, American Embassy Bangkok, American Visa Thailand, Bangkok embassy, Closing Schedule of US Embassy, Holiday closing at US Embassy, Holidays at US Consulate, Holidays at US Embassy, US Consulate Chiang Mai, us embassy bangkok, US Visa Thailand
Posted in US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

The United States Department of State is tasked with overseeing the efficient operation of US Embassies and Consulates abroad. Often, State Department headquarters issues instructions to posts abroad using official cables. In US Immigration circles there is a well known cable called “99 State,” otherwise known as 99 State 21138. This cable lays out guidelines for Consular Officers with regard to United States Immigration Attorneys.

The first notable policy outlined in the Cable deals with the relationship between Immigration attorneys and Consular Officers:

“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.”

There is no doubt in this author’s mind that this is true. Consular officers provide a great deal of assistance when processing visa applications. More than anything, they can provide insight into the underlying policy reasons behind failure to issue a visa. In many cases, the reason for delay is due to a failure to provide pertinent information that the client did not believe was necessary to adjudicate the petition.

The Cable goes further:

“Consular officers should not pass judgment on applicants 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.”

This is one section of the cable that Consular Officers seem to have taken to heart. This author has never felt that Consular Officers look askance at applications where the petitioner or beneficiary has retained an attorney to assist in preparation. With regard to case preparation, the Cable goes further:

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

Consular Officers are required to adjudicate petitions and, if the petitions receive approval, issue visas. In this author’s experience their primary goal seems to be efficient processing of bona fide petitions. Immigration attorneys can enhance the process through documentation compilation and foreknowledge of relevant issues. Those issues that may effect the outcome of a case can be dealt with in such a way that case processing proceeds smoothly. In many ways the Consulate forestalls unforeseen delays through promulgation of consistent rules:

“Posts that establish clear and consistent procedures for responding to attorney inquiries save time and resources in the long run. As with Congressional correspondence, the fuller the explanation of a refusal or a 221(g) decision, the more you will help yourself.”

It has been this author’s experience that Consular staff are very upfront about what they are seeking in a given case. Further, the role of an attorney is clearly defined by the US Embassy Thailand as no one is allowed to be present during the visa interview, this includes American fiances and husbands in K1 visa and K3 visa cases. This being said, attorneys are currently permitted to submit 221(g) follow-up documentation where necessary.

In the years since the distribution of “99 State,” it is this author’s opinion that Consular Officer-Immigration attorney relations are professional, efficient, and cordial and there is no reason to believe that this will not continue to be the case.

Tags: 99 State, Consular Officer, Consulate, Immigration attorney, Immigration attorney Bangkok, Immigration attorney Thailand, K-1 Visa, K-1 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa Thailand, us embassy bangkok, us embassy thailand
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | 26 Comments »

The United States Citizenship and Immigration Service (USCIS) routinely issues updates regarding the processing time estimates for cases submitted at USCIS Service Centers in the United States of America. Since this website is dedicated to United States Family visas such as the CR1 visa, IR1 visa, K1 visa, and K3 visa; we have only displayed the processing times for the service centers which process these applications. For more information please see the new USCIS website.

The following are the processing times for the USCIS California Service Center as of September 30, 2009:

The following are the processing times for the USCIS Vermont Service Center as of September 30, 2009:

It should be noted that these processing times are only estimates and every Immigration petition is unique in that it processes at its own pace. Further, these processing times are only relevant with regard to USCIS. The US Embassy in Bangkok and the US Consulate in Chiang Mai process applications after they have received USCIS pre-approval.

Tags: American Embassy Bangkok, American Visa Thailand, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Processing Times, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Processing Times, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, 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, USCIS | No Comments »

The Department of Homeland Security is a vast bureaucracy with many different components. The Ombudsman’s office can be very helpful for those who have had a file go missing or otherwise need assistance in dealing with the United States Citizenship and Immigration Service (USCIS). Recently, Secretary Napolitano of Homeland Security appointed a new Ombudsman. The American Immigration Lawyers Association (AILA), noted the appointment in a recent press release:

“In a message to employees yesterday afternoon, Secretary Napolitano announced the appointment of January Contreras as Citizenship and Immigration Services (CIS) Ombudsman for the Department of Homeland Security.”

Secretary Napolitano was quoted as saying that the new Ombudsman has “valuable experience,” which will assist in her future endeavors. To further quote the above press release:

“Ms. Contreras previously served as a Senior Advisor to Secretary Napolitano, where she helped lead the Department’s response to the H1N1 flu and oversaw Department initiatives for the White House Council on Women and Girls. She formerly led the Arizona Department of Health Services, managing nearly 2,000 employees and overseeing the state’s public health and behavioral health systems. In addition, she has 10 years of experience in litigation and policy including health and its interaction with immigration policy and legislation.”

The aforementioned press release also noted the exact nature of the USCIS Ombudsman’s role:

“The CIS Ombudsman provides independent analysis of problems encountered by individuals and employers interacting with U.S. Citizenship and Immigration Services, and proposes changes to mitigate those problems.”

Contacting the USCIS Ombudsman’s office can be very beneficial for those with a pending K1 visa or K3 visa application. However, the office should not be contacted simply to request information regarding the status of a pending case as the USCIS website is probably the more appropriate place to seek this information.

This author hopes that the appointment of this new Ombudsman will further protect the interests of those processing their application with USCIS. With that in mind, in recent months the USCIS Service Centers seem to be processing applications with a great deal of efficiency and there does not appear to be any reason to believe that this will not continue in the future. It should be noted that the Ombdsman does not oversee the administration of the US Embassy Thailand. The Department of Homeland Security and the Department of State (the agency with jurisdiction over US Embassies and Consulates, like the US Consulate in Chiang Mai) are two separate agencies and their staff do not generally have overlapping jurisdiction. For issues concerning the Embassy it is usually best to contact the Embassy directly.

Tags: American Embassy Bangkok, American Embassy Thailand, American Visa Thailand, Department of Homeland Security, Department of State, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand, USCIS, USCIS Ombudsman, USCIS website
Posted in Fiance Visa Thailand, 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, USCIS | No Comments »

In the United States of America it is often necessary to obtain a marriage license before getting married. For those living in Thailand marriage can be a major issue and a commonly asked question is: do I need a marriage license before my Thai fiancee and I can execute a legal marriage in the Kingdom. Strictly speaking, a marriage license is not necessary, but there are certain formalities that must be met before a couple can be legally wed in Thailand.

In cases where a Thai wishes to marry a Thai, the process is relatively simple because the couple must simply go to their local Amphur office (also known as an Amphoe office or Civil Registrar’s office). Once the couple arrives at the Amphur they must present their Thai Identification cards and a marriage can be registered relatively quickly.

In cases where a Thai Citizen wishes to marry a foreigner (also known as a Farang in the Thai language), the requirements are somewhat more stringent. This is due to the fact that the foreign national must prove up his or her single status. This is usually done by traveling to the foreign national’s Embassy or Consulate. Generally, an Embassy or Consulate can provide documentation that proves the applicant is legally free to marry. For American Citizens, such documentation can be obtained at the American Citizen Services section of the United States Embassy in Bangkok or the US Consulate in Chiang Mai. Once this documentation is obtained it must be translated and legalized before the Amphur will accept it for marriage registration purposes.

Occasionally, two foreign nationals seek to register a Thai marriage. In cases such as this the couple must obtain the previously mentioned documentation proving single status. In a case where both parties are of different nationality, then different procedures may be required as two separate Embassies must be contacted. The requirements for obtaining documentation for a marriage in Thailand are not uniform. Each Embassy has its own protocols regarding what type of documentation it will issue and what supporting documentation must be submitted before the Embassy will certify an applicant as legally free to marry. With that in mind, those interested in registering a Thai marriage should learn what their Embassy requires to issue a single status affidavit.

To sum up, although Thai officials do not require a marriage license before a marriage will be registered, they do require that the parties prove that they are both free to marry. Proving this can be difficult for some foreign nationals as each Embassy has their own rules for issuing affidavits of single status.

On a related note, those wishing to execute a Thai prenup should register it and the marriage simultaneously. Otherwise, the Thai courts may later refuse to recognize the agreement in the event of divorce.

Tags: American Citizen Services, Amphoe office, Amphur Office, Thai Civil Registrar, Thai MArriage Registration, Thai prenup, Thailand Civil Registrar, Thailand Marriage Registration, thailand prenuptial agreement, us embassy bangkok, us embassy thailand
Posted in Legal Opinion, Miscellaneous, Thai Family Law, Thailand Marriage Registration, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration | 1 Comment »

In recent months, the former Prime Minister of Thailand, Thaksin Shinawatra, has been in the news as he evades requests for extradition from the Kingdom of Thailand. The website Thaivisa.com is reporting the following:

“Thaksin’s name in passports issued by Nicaragua, Uganda and Montenegro has been changed to “Takki Shinegra,” he said. The Thai government has revoked Thaksin’s diplomatic passport issued during his premiership. He was believed to have an ordinary Thai passport. Some African countries have issued him a special passport to facilitate his travels and his visit to the countries. [Vice Foreign Minister] Panich said Thaksin’s new name may cause problem for Thailand’s attempt to bring him back to face two-year jail term on charge of corruption.” [sic]

The change of Mr. Thaksin’s name is a major obstacle for those who wish to make him return to Thailand. Thaivisa.com further quotes Mr. Panich:

“Problems can happen when we ask foreign countries to extradite him. We name him in our request as Thaksin Shinawatra but when those countries check his presence, they would not find him because he used different name.” [sic]

The issue of dual nationality and different names is not exclusively the problem of Thai authorities. Many people around the world have dual nationality and in many cases, they have different names depending upon their country of Citizenship. This can create a great deal of consternation for Immigration officials.

Dual nationality is not, in and of itself, a problem for those wishing to obtain US or Thai Immigration benefits. However, it can raise many issues with regard to the identity of the individual seeking the immigration benefit. For example, if an individual is born in Hong Kong under one name, but later takes Australian nationality under another name, then that individual’s birth certificate will not likely match his or her Australian passport. This can lead to problems with Immigration authorities as two names can cause confusion and lead to increased scrutiny.

When petitioning for Immigration benefits in any country, it is often required that the applicant divulge any aliases that they may have. For those applying for a Thailand visa or an American visa this is often required and failure to note an alias could result in relatively serious sanctions.

Many countries allow their citizens to have aliases noted in their passport. For United States Citizens, this is definitely a possibility, but requires approval of  an application to have a different name noted in a US passport. For those resident in Thailand, it is possible to have an alias noted in a US passport, but one must submit an application to the Consular Officer at the American Citizen Services section of the US Embassy in Bangkok or the US Consulate in Chiang Mai. US Embassies and Consulates elsewhere can perform this service as well. Thai Consulates and Embassies could also note aliases in one’s Thai passport, but one must check with the Consulate beforehand as not all posts are able to complete this task.

Tags: American Embassy Bangkok, American Embassy Thailand, American Passport, Thailand Visa, US Consulate Chiang Mai, us embassy bangkok, us embassy thailand, us passport, US Visa
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thailand Embassy, Thailand Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »