blog-hdr.gif

Integrity Legal

Archive for the ‘us embassy bangkok’ Category

24th July 2009

The K-1 visa is a very popular visa for Thai nationals who have a US Citizen loved one. The US Embassy in Bangkok processes a large number of fiance visa cases each year. Many of those who apply for a United States K-1 visa have questions about their status once they reach the USA. In most cases, the answers are cut and dried, but there are some questions that have more nuanced answers.

Many people who travel to the United States on a K1 visa seem to immediately ask the question: Can I work now that I’m here? The answer to that question would be a qualified “yes.” Under the relevant provisions of 8 CFR 274a.12(a)(6), a K-1 visa holder may be entitled to apply for what is known as work authorization. Work authorization is sometimes referred to as a “work permit.” Similar to a work permit in Thailand, the work authorization document in the United States must be obtained by petitioning the United States Citizenship and Immigration Service (USCIS).

The work permit’s technical name is: Employment Authorization Document (EAD). There are those who are under the mistaken impression that work authorization is a right. In fact, under current United States Immigration laws the K-1 visa holder is not entitled to work authorization as a matter of right, but is simply entitled to submit an application for said status.

A downside of obtaining an Employment Authorization Document while in K-1 status is the fact that the Employment Authorization only lasts as long as the applicant is in K1 status. So it is subject to expiration as soon as the K-1 visa holder’s status changes. This results in employment authorization that lasts for a negligible duration. In most cases, obtaining Work Authorization is often not a net benefit to the prospective applicant except in certain rare circumstances.

That being said, there are other methods of gaining work authorization. A possibly more beneficial option for the prospective work authorization applicant would be to submit an EAD petition in conjunction with an I-485 petition for adjustment of status to lawful permanent residence (green card). This method is advantageous because the fee for the Employment Authorization Document is included in the adjustment fee and the result is a net reduction in expenses. Also, the Employment Authorization Document will be valid for one year.

Further, A Thai spouse of a US Citizen present in the United States on a non-immigrant K-3 visa is eligible for work authorization. In the case of the J-1 visa and F-1 visa, the visa holder may be able to obtain a work permit depending upon the situation. Although, particularly in the case of the US Student Visa, work authorization will be severely restricted.

All of this being said, it should be noted that once the K-1 visa holder successfully adjusts status to permanent residence they will have a green card and be legally allowed to work in the United States of America.

(This post is meant for educational purposes only. No Attorney-Client relationship is formed by reading this content.)

more Comments: 04

18th July 2009

For those seeking to obtain a USA Visa from Thailand, it is almost inevitable that the United States Citizenship and Immigration Service (USCIS) will be involved in the process. That being said, depending upon the visa being sought, USCIS may play less of a direct role in the initial process.

The United States Citizenship and Immigration Service has had an interesting recent history. Currently, the office is under the administrative jurisdiction of the Department of Homeland Security. USCIS former acronym was INS which stood for the Immigration and Naturalization Service. In the aftermath of  September 11, 2001 it was decided that the services provided by INS could be better facilitated under the aegis of the Department of Homeland Security and INS was folded into that agency. For a time, the United States Citizenship and Immigration Service was known simply as the Bureau of Citizenship and Immigration Services (BCIS), but the acronym and name was officially changed to the current form on October 13, 2004.

For Immigrant visas that confer either conditional or unconditional lawful permanent residence (Greencard) to an alien upon entry, USCIS will play a major role in adjudicating the I-130 visa application. In certain instances where the United States Citizen has been living in the Kingdom of Thailand for a specified period of time, it may be possible to locally file an I-130 application at the USCIS office in Bangkok. This procedure is sometimes mistakenly called “Direct Consular Filing,” but, in point of fact, this appellation is misapplied. A direct consular filing can only occur at a consular section when a United States consular officer at a US Embassy or Consulate General accepts a visa application that has not first been adjudicated by USCIS either in the United States or at an office abroad. In Thailand, it is very rare for a consular officer at the US Embassy in Bangkok or the Consulate General in Chiang Mai to accept a visa application directly because there is a large local USCIS office in Bangkok.

For those making a K-1 visa application, it will be necessary to file the application at a USCIS service Center in the United States. The United States Citizen petitioner’s residence will determine what service center should be used when submitting the initial application.  For those unfamiliar with the K-1 visa, it is a fiance visa designed to allow an American’s foreign fiance to come to the USA for the purpose of marriage.

For those making a K-3 visa application, the I-129f application must be sent to a USCIS service center and not the Chicago Lockbox. The K-3 visa was designed as an expedited marriage visa for spouses of American Citizens.

F-1 visa applications and J-1 visa applications are generally submitted directly to the United States Embassy with jurisdiction over the applicant’s place of residence. US Tourist Visa applications are also submitted directly to the US Embassy.

(This is intended for educational purposes only, it is not legal advice. For Legal advice about Immigration law, contact a visa lawyer. No attorney client relationship is created between the author and any reader of this piece.)

more Comments: 04

17th July 2009

Yesterday I received an inquiry regarding the possibility of obtaining a United States V Visa. It had been a while since I had read anything about that category so I decided to do some quick research and share a few things regarding the US V Visa.

The Immigration Category known as the V visa was created under the Legal Immigration Family Equity Act of 2000. In the provisions of this legislation, spouses and minor children (not married and under the age of twenty-one) of United States Lawful Permanent Residents (green card holders) could receive a temporary visa in order to join their family member in the United States, while the immigrant visa process is pending.

As a rule, spouses and children of American permanent residents must wait for a comparatively longer period of time to get a visa than the spouse of a United States Citizen or a child (or step-child) of a United States Citizen. That being said, lawful permanent residents cannot avail themselves of the comparative benefits of a fiance visa, also known as a K-1 visa, because that visa category is only available to those betrothed to an American Citizen.

Currently, the V visa is only available to spouses and children of Lawful Permanent Residents who filed their visa application on or before December 21, 2000, as a result of this provision, fewer and fewer V visas are being issued as the pending applications are adjudicated.

The V visa is somewhat similar to the K-3 visa because they were statutorily designed with the intention of allowing spouses and children to travel to the United States of America while their immigrant visa was processing through the United States Citizenship and Immigration Service (USCIS). A major difference between these two visa categories is the fact that the K-3 is still currently obtainable for the spouse of any United States Citizen and has not been effectively “phased out,” by statute. Thai being said, those that enter the United States on a K-3 visa after the approval of a K-3 application still must go through the adjustment of status process or return to Thailand in order to go through consular processing and visa interview at the US Embassy in Bangkok, Thailand because, like the V visa, the K-3 is a two year non-immigrant multiple entry visa and therefore is only issued for a validity of limited duration.

(This post is not legal advice and should not be construed as such. Please contact an Immigration lawyer for individualized legal advice. No Attorney-Client relationship is formed by reading this piece.)

more Comments: 04

17th July 2009

There are many family relationships that can be used as a basis for obtaining a US visa. In cases where a betrothed couple wishes to get married and live in America there is a US fiance visa, also known as a K-1 visa. For an expedited marriage visa, some people opt utilize a K-3 visa. Further, in cases where a couple wishes to have some discretion about where the visa application will be adjudicated a K-3 visa could theoretically be used to “forum shop.” However, the classic marriage visa are the immigrant spouse visas discussed further below. Of particular interest to those applying for an immigrant spouse visa is the fact that a step-child can also receive an immigrant visa based upon the child’s relationship to the United States Citizen and foreign beneficiary.

In cases where a couple gets married overseas and wishes to immigrate to the USA, there are immigrant spouse visas known as CR-1 and IR-1 visas.  These visas require the filing and approval of an I-130 immigrant visa application.  In many cases, the foreign spouse will have children. Therefore, the question arises: what is to be done with the step children? In most cases, a step child will be able to travel to the United States in order to take up residency, but it is possible that a step child will be precluded from immediately traveling to the United States.

For step children over the age of twenty-one, an visa petition will have a lower priority than for a step child under 21 years of age. An Immediate question that usually follows up this statement: what about a child who turns 21 while the visa application is pending? Under current Immigration law the step child who was under 21 at the time of USCIS approval will have their status preserved until visa issuance, so turning 21 after petition approval will not cause the applicant to fall into a lower preference category.

Another issue with regard to step-child petitions involves the age of the step child at the time of the marriage this fact can have a crucial impact upon the step-child’s status and possibly preclude the step-child from obtaining an immigrant visa in an expedited manner. In complicated cases, it may be best to consult an Immigration lawyer, but for those who wish to deal with the matter on their own, the website of the United States Citizenship and Immigration Service can be very helpful.

In cases involving K-4 visas, which are derivative of K-3 visas for step-children, some of the above analysis is correct, but due to the different nature of the K-3 application, the laws and regulations could be different. Where possible, it is usually better to obtain an Immigrant visa because the beneficiary obtains permanent residence (Green Card) upon entry into the USA.

(This article is not legal advcie. This article does not create any type of Attorney/Client relationship.)

more Comments: 04

15th July 2009

One of the most prevalent advertising incentives utilized by people claiming to be a “visa agent,” “immigration consultant,” or “lawyer,” is the 100 percent guarantee that a visa will be issued. A variation on this scheme  is also the 100% money back guarantee if the visa is not obtained.

The most common visa category in which people run into these “guarantees” is the K-1 visa. When doing research regarding US Immigration Lawyers in Thailand, prospective petitioners and beneficiaries come across something that is seemingly too good to be true: a no-lose situation. The “agent,” does all of the work and should the visa be denied the fee will be refunded.

Sounds great right? Except for the fact that it really is too good to be true. First, no one can guarantee a visa will be obtained. Let me make this clear: NO ONE CAN GUARANTEE THAT A VISA WILL BE OBTAINED. Much like any other field of law, US Immigration has success and failure and there is a common incorrect belief that a marital, or intended marital, relationship with an American citizen gives the Thai spouse or fiancee the “right” to a marriage or fiance visa. Although an American Citizen does have the right to marry or date whomever they please, this relationship does not, in itself, create a right to United States Immigration benefits. Therefore, no visa guarantee can honestly be made regarding United States Immigration and visa regulations or how United States consular officers and USCIS adjudicators will interpret those regulations.

I have seen many cases in Thailand where an “agent” or “lawyer,” provided a 100% money back guarantee, failed to obtain a visa for his client, and did not subsequently provide a refund.

In the same vein as the 100% Guarantee is the notion that some “agents” have a special relationship with the US Embassy in Bangkok with regard to visa matters. In reality, no one has any type of special pull with Embassy and consular officials. In fact the US Embassy will occasionally comment regarding this phenomenon, if for no other reason than to explain that no person or organization has any special influence regarding Immigration or visa obtainment matters.

Although it is true that currently the US Embassy in Thailand will allow licensed American attorneys to present follow up documentation if a US visa is denied based upon section 221g of the US Immigration and Nationality Act, Embassy policy dictates that only the visa applicant may be present for the visa interview. Further, simply being able to present follow up documentation does not connote any sort of “special relationship,” but merely a policy decision.

(This posting doesn’t constitute legal advice. No attorney-client relationship should be inferred from reading this posting.)

more Comments: 04

14th July 2009

When dealing with issues involving US Immigration or Immigration to Thailand, one will often run into situations where the legal systems of two sovereign states come into play. Further, dealing with diplomatic missions in the form of Embassies, Consulates, and Charges D’Affairs the concepts of jurisdiction, sovereignty, and extraterritoriality come to the forefront. In this post we will take a quick look at extraterritoriality and how it applies to United States Embassies and Consulates in Thailand and abroad.

What is Extraterritoriality? Extraterritoriality is a legal situation in which one is exempted from the jurisdiction of the law of the locality where one is situated. Generally, this situation results from the commencement or continuation of diplomatic discussions. In certain instances, extraterritoriality can be applicable to tangible locations such as non-native military installations and in modern times: the United Nations compound in New York City.

There is a common misconception that Embassies and Consulates have extraterritoriality. As anecdotal evidence of this misconception, people will often say things like, “the US Embassy sits upon United States soil.” For the most part, this is not the case as extraterritoriality is not conferred upon an Embassy or Consulate, but in some situations extraterritoriality may be created by Treaty. That being said, members of diplomatic legations (Ambassadors, Representatives, Consuls, Vice Consuls, Deputy Ambassadors, and Charges D’Affaires) may be accorded extraterritorial status within the foreign state to which they have been accredited. Also, the property of such representatives may have extraterritorial status. For example, an official diplomatic pouch will not be subject to search and seizure by a country other than the country with ownership of the pouch.

These legal rights were created in order to allow diplomatic agents to have the ability to freely conduct correspondence with their home nation. Also, these privileges are generally conferred as a courtesy from one sovereign to another. As a practical matter, “diplomatic immunity” puts the diplomat outside of local law. However, these privileges are usually extended reciprocally and therefore neither state is being accorded inequitable privileges.

At one time, the Kingdom of Thailand conferred extraterritorial rights upon foreigners in the country. As time went by, these rights were viewed with more resentment by Thai people. After World War II, the Thai government began renegotiating treaties with foreign governments in an effort to do away with these disproportionate extraterritorial concessions. Today, Thailand maintains normal diplomatic relations with most countries around the world.

(This is not legal advice. For such advice contact an attorney. No Attorney-Client relationship is formed between the reader and writer of this posting.)

more Comments: 04

13th July 2009

There is some confusion regarding the American State Department’s estimates regarding visa denials from around the world. There are some who are under the mistaken impression that the State Department’s numbers are the definitive source for information regarding waivers of inadmissibility. In fact, any numbers published by the United States Department of State regarding I-601 waivers should be taken with a grain of salt because the American Department of State is not the agency tasked with handling the adjudication of I-601 waiver applications after the a United States Consular Officer at an Embassy or Consulate General has made a finding that a legal ground of inadmissibility exists in a particular Immigration case.

The United States Citizenship and Immigration Service (USCIS) has the authority to grant waivers of inadmissibility under United States Immigration law. Therefore, USCIS’s internal statistics would be the proper government source to consult regarding the number waivers of inadmissibility applied for and ultimately granted. That being said, USCIS does not keep categorical statistics according to the Agenda of the USCIS National Stakeholder Meeting on January 27, 2009:

“Although we track the total number of Forms I-601 processed, USCIS International Operations does not have a system to track the specific grounds of inadmissibility that applicants seek to waive.”

The document that is causing the confusion regarding visa denials can be found at the following url. The first major cause of confusion in this document is the seemingly small number of findings of legal inadmissibility under section 212 (a)(2)(D)(i) for engaging in acts of prostitution or deriving profits from activities that are presumed to be prostitution. According to the table there were only 2 non-immigrant visa waivers granted in 2008 under section 212 (a)(2)(D)(i) of the United States Immigration and Nationality Act (INA). I find this number difficult to believe as this author has recently discussed the prostitution ground of legal inadmissibility with two highly experienced United States Immigration attorneys and between the two of them, they had applied for and obtained more than 2 non-immigrant visa waivers in 2008. Further, I believe it is highly likely that other prospective US Immigrants and non-immigrants were granted waivers of this ground of inadmissibility because I doubt that only two United States attorneys handled all of the waivers granted under this section of the INA in 2008; particularly if one takes into account not only other immigration attorneys, but I-601 waiver applications filed pro se as well.

For more on US Visas Please See: K-1 Visa or K-3 Visa

(This document is not intended as a source of legal advice, but for educational purposes. For legal advice contact an Attorney. No Lawyer-Client relationship should be deemed to exist between the writer and reader of this blog post.)

more Comments: 04

7th July 2009

Most United States Visas that process through the US Embassy in Bangkok, Thailand proceed in an efficient and uneventful manner. The Officers in the US Consular Section have a large caseload and generally do their job in a professional and diligent manner. This being said, some Immigration and visa cases are delayed. The term used in American Immigration circles when a visa application is set aside for further review is: administrative processing.

Administrative Processing and the 221(g)

Technically a 221g denial and request for more evidence could be classified as “administrative processing.” In practice, most cases that are in administrative processing have been red flagged because there is a suspicion of immigration fraud or there is some aspect of the case that the consular officer feels warrants further investigation. In cases such as this the application can be delayed for weeks or months until a final determination is made.

Does Administrative Processing mean a US Visa is Denied?

In some cases administrative processing can occur after a visa application has been denied and needs to be sent back to USCIS to close the case. In the case of a Fiance visa or marriage visa, this would likely only occur upon a factual finding by the consular officer that there is not a bona fide relationship underlying the visa application.  This type of visa denial is very rare in US Family Immigration matters.  However, a Consular officer who is suspicious about a particular visa application could put the case in administrative processing and ask for further documentation. The fraud unit would likely review the application further in order to ascertain the visa application’s merits.

There are other situations where a visa application could go into administrative processing. Of particular note are situations where beneficiaries have been present in the United States previously and have done things that may raise  questions about what they were doing while stateside. A good example would be someone in the United States on a visa without work authorization who was working. This factual scenario would probably cause a case to go into administrative processing because the Consular officers would want to know more details about the applicant’s previous experience in the USA.

Administrative Processing is something many applicants seek to avoid and one of the best methods of doing so is to have a well prepared application. Further, Consular Officers are very well trained when it comes to picking up on cues that an application might be fraudulent. For this reason, we highly recommend that the best way to stay out of administrative processing is to file a bona fide application. Honesty is always the best policy when dealing with the United States Government and the US Embassy Thailand is no exception.

If a case should be denied because the applicant was deemed legally inadmissible, then an I-601 waiver may be sought.

For more information please See K-1 Visa Thailand or K3 Visa Thailand.

more Comments: 04

28th June 2009

US Immigration from Thailand can be a complex and multifaceted process. Compiling Immigration forms and  documentation can be an arduous task for an American Citizen who understands the English language fluently. This difficulty is compounded when one takes into account the fact that a language barrier and 12 hour time difference can slow the visa obtainment process immeasurably. In some cases, the Thai fiancee must deal with Thai government offices, which can be frustrating and confusing depending upon the office in question.

In a previous post we discussed how retaining a US Immigration Lawyer can be highly advantageous for those seeking to obtain a US visa from Thailand. An American attorney on the ground in Bangkok can expedite the visa process by assisting a Thai fiancee with the US Immigration forms and 221 g follow up documentation at the US Embassy Thailand. Many American Citizens enjoy the peace of mind that comes from knowing a US visa lawyer is assisting their Thai loved one in real time.

That being said, there are certain aspects of the US visa process where a Thai attorney can be a boon to both the American client and the Thai fiancee. The first instance in which a legally trained Thai who is fluent in English can be useful is document translation. Thai legal documents that are pertinent to Visa obtainment should be translated by one with both a fluency in English and a familiarity with Thai law.  Further, some documents that are quite common in Thailand, have no analogous counterpart in the American common law system. A lack of familiarity with Thai legal documentation can create confusion and delay for visa cases submitted and processed by American citizens who opt not to retain representation. Therefore, a Thai attorney’s expertise with Thai legal documents can be essential to an expeditious visa processing time frame. Requests for Evidence (RFE) from USCIS and 221 g denials are far less common where the petitioner and beneficiary have opted to retain a firm that employs Thai and American attorneys.

A Thai Attorney can be of real assistance when it comes to dealing with government offices because they are familiar with bureaucratic protocol and can speak to the Thai officers in their own language.

A Thai attorney can assist an American attorney with preparing the applicant for the visa interview in Bangkok.  This preparation helps the fiancee or spouse feel more comfortable about the impending interview and also will make the interview proceed more quickly because the Thai is given a “heads up.”

A Thai attorney can be of great assistance in US Immigration matters, but they will not be able to accompany a Thai fiancee to the Visa interview at the US Embassy in Bangkok. No one is allowed to accompany a Thai visa applicant to the visa interview (this includes the US Citizen spouse or fiancee). With the large caseload processing through the American Embassy in Bangkok, the waiting room cannot accommodate all of the relatives of those seeking US Visas.

(Please note: the content contained herein is intended for informational purposes only. No attorney/client relationship is created by reading this post.)

more Comments: 04

18th June 2009

Hiring an Immigration attorney is a decision that each couple makes based upon their unique set of circumstances and that decision should be made after careful review and research. That being said, when the decision is made that a US visa lawyer is necessary,  sometimes couples are unwittingly duped into hiring a non-licensed “immigration consultant” or “visa agent.” In even worse situations, the couple believes that they are actually retaining the services of a licensed lawyer when in fact they are dealing with someone who has never completed formal legal training or been licensed to practice law.

Form G-28 is a required form that must be submitted to the United States Citizenship and Immigration Service (USCIS) when the initial visa application is sent to the USCIS Service Center. Basically, the G-28 puts the United States government officers working at USCIS on notice that an attorney will be representing the petitioner, beneficiary, or (more common in family base cases) both parties. Further, the US Embassy in Bangkok will currently allow attorney’s to present 221g follow up documentation provided a G-28 form has been signed by the Beneficiary and the attorney can produce credentials showing that they are in fact licensed to practice law in at least one United States jurisdiction.

One of the convenient aspects of hiring an attorney from the point of view of the United States Citizen petitioner and the Thai fiancee Beneficiary is the fact that once the attorney enters his or her appearance, then most, if not all correspondence, will be sent to the attorney’s office.

Also, the G-28 acts as a litmus test to determine if the person or organization one is dealing with is an actual attorney or law firm. USCIS has made regulations which stipulate that only attorneys and non-profit organizations are allowed to represent clients in United States Immigration matters. With regard to non-profit organization, these types of institutions are defined as those like the Red Cross or other non-governmental refugee organizations. In circumstances where a “representative” is used who is not a licensed attorney, USCIS has stated that the representative must take little or nothing with regard toa fee. This provision seems truly to have been designed with organizations assisting indigent refugees in mind.

On the G-28 form, the attorney, petitioner, and beneficiary will need to affix their signatures. The attorney will also place his or her state of licensure on the form. In the case of the K-1 visa application, the attorney will also place his or her G-28 number on the form I-129f.

For further information please see:

K1 Visa

K3 Visa

(Please be on Notice: this piece is not intended to be regarded as a substitute for legal advice. Please seek legal advice from a licensed attorney. This post creates no lawyer-client relationship between the parties writing or reading it.)

more Comments: 04

The hiring of a lawyer is an important decision that should not be based solely on advertisement. Before you decide, ask us to send you free written information about our qualifications and experience. The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.