Integrity Legal

Those who read this web log with any frequency may have noticed that the administration routinely posts the estimated processing times of the United States Citizenship and Immigration Service (USCIS) as both a courtesy to our clients and the public-at-large. The following estimated processing times were quoted directly from the official website of the United States Citizenship and Immigration Service (USCIS):

Those pondering the prospect of petitioning for Immigration benefits should note that the above estimated processing times only account for USCIS processing and do not take into account possible processing at the United States National Visa Center (NVC) as well as Consular Processing times at a US Embassy, US Consulate, American Institute, or US Mission abroad.

For related information please see: US fiance visa.

Tags: American Institute, National Visa Center, United States Citizenship and Immigration Service, United States Citizenship and Immigration Service processing time, United States Citizenship and Immigration Service processing times, US Consulate, US Embassy, US Fiance Visa, USCIS
Posted in American Institute Taiwan, CR1 Visa, Department of Homeland Security, EB5 Visa, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, US Citizenship, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

There was a recent story on the Telegraph.co.uk website entitled, “Boy, 9, has Disney World trip ruined after US Immigration rules him a threat” it was reported that a 9 year old child was denied a US tourist visa to the United States. To quote directly from the article:

They said there was a risk he would not leave the US at the end of his holiday and refused his application under Section 214 (b) of the Immigration and Nationality Act.

This blogger noticed in the title of the original article that the use of the term “US Immigration” may have been somewhat opaque as the visa application was likely filed with a US Consulate under the jurisdiction of the United States Embassy in the United Kingdom and not the United States Citizenship and Immigration Service (USCIS) in the USA. That said, the article describes the visa application of a child in the United Kingdom and the denial of the application. The child’s parents were attempting to surprise him with a trip to Disney World in the US State of Florida. To quote further directly from the article itself:

Micah [the proposed beneficiary of the US B-2 Visa sought] was born in Britain and has lived in Middlesex all his life with his mum Claudia Lewis.

He holds a South African passport because his grandparents Kathy and Edward, who have lived and worked in Britain since 1990, only got him a South African passport.

They are originally from South Africa.

A letter from Micah’s primary school was included in his visa application confirming he attended the school.

But the US Embassy’s rejection letter to Micah said: “Because you either did not demonstrate strong ties outside the United States or were not able to demonstrate that your intended activities in the US would be consistent with the visa status, you are ineligible.”

His grandmother Kathy, from Brixton, South London, said: “It was going to be a total surprise. He would have loved it.

This blogger highly recommends that those interested in this heartfelt story go to the Telegraph website and read further.

Section 214(b) of the United States Immigration and Nationality Act is a provision which creates a legal presumption in the eyes of adjudicating Consular Officers at every US Mission abroad (US Embassy, US Consulate, American Institute, Visa Units, etc.) that an applicant for a United States visa is actually an undisclosed intending immigrant. Overcoming this presumption often occurs when a Consular Officer feels that, as opposed to the factual citing from the denial noted above, the applicant has shown “strong ties” to their country of origin, or another country abroad, and, simultaneously, “weak ties” to the United States.

In another section of the aforementioned article the author noted that the couple had spent a considerable sum of money purchasing plane tickets in anticipation of the proposed holiday in the USA. As noted in previous postings on this blog, it is not generally prudent in visa application proceedings to assume a particular outcome as issuance of United States travel documents to foreign nationals is not considered a foregone conclusion nor a “formality”. The circumstances mentioned above are unfortunate as they were unexpected and costly (in both monetary and emotional terms). Those foreign nationals wishing to travel to the United States should not make irrevocable travel arrangements until such time as a US visa has been issued and remitted to the applicant.

That said, the one major factor that could materially alter the outcome of another visa application in a case such as this: a UK Passport. As noted in the section quoted above from the US Embassy the applicant did not show “strong ties” to the UK or another country abroad. If the child always lived in the UK, but never possessed a UK passport and, as noted in the above cited section; never lived in South Africa, but was attempting to use a South African passport to travel to the US, then could it be inferred that the child’s ties to either country were attenuated? Possibly, and without knowing further about details, that may very well have been the reason for denial. However, as all cases are adjudicated based upon the unique facts under the circumstances any analysis of the aforementioned denial is merely an exercise in speculation.

It is generally imprudent to continuously resubmit American visa applications when there has been no material change to the facts of one’s case. However, when circumstances do change materially, then a subsequent application may not be frivolous. In the eyes of the law in many jurisdictions a change in nationality, the acquisition of nationality, the registration of nationality, or the naturalization to a new nationality all come with a host of different legal rights, obligations, and privileges not least of these may be a passport. Perhaps, after acquiring a UK Passport on behalf of the child, if eligible for such a travel document, another visa application would be approved? Better yet, upon acquisition of a UK Passport, the child in the article may be eligible for the visa waiver program, although his previous US visa denial would need to be noted in the Electronic System for Travel Authorization (ESTA) registration system.

Hopefully those thinking of applying for a US Tourist Visa in the future will take note of the fact that one’s nationality is an important facet of any immigration petition or visa application.

For related information please see: US Visitor Visa.

Tags: American Visa Denial, American Visa Denied, Immigration and Nationality Act, INA, nationality, Naturalization, Section 214(b), Telegraph, US Consulate, US Consulate UK, US Embassy, US Embassy UK, US Immigration, US Visa, us visa denial, US Visa Denied, Visa Unit
Posted in American Institute Taiwan, Legal Opinion, News, Opinion, US Citizenship, US Consulate ChengDu, US Consulate Chennai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Tourist Visa, US Visa, US Visa and Immigration, USCIS, Visa Waiver | No Comments »

Those who read this blog with any regularity may have noticed that the administration routinely posts the holiday closing schedules of the multiple United States Embassies and United States Consulates in Asia. This is done in an effort to hopefully forestall fruitless trips to an American Embassy abroad on a holiday. The following was quoted directly from the United States Consulate in Hyderabad, India:

* In lieu of January 1, 2011 (Saturday)

** In lieu of December 25, 2011 (Sunday)

(#)  Exact date to be confirmed according to the lunar calendar

Note: In the year 2011, one Indian National Holiday, Mahatma Gandhi’s Birthday, falls on Sunday. The post will observe this holiday on Sunday, October 2, 2011.

Those seeking issuance of a Consular Report of Birth Abroad, US Passport, or new visa pages for a previously issued United States Passport are well advised to contact an American Citizen Services Section of the nearest US Embassy or Consulate. In many cases, those seeking such services can make an appointment in advance and thereby streamline the overall process.

For those wishing to visit the official homepage of the US Consulate in Hyderabad directly please click HERE.

Those seeking non-immigrant visas such as the US tourist visa are generally required to process their application through a Non-Immigrant Visa Unit of a US Consulate abroad. In virtually all cases, such applications must be scrutinized pursuant to section 214(b) of the United States Immigration and Nationality Act.

Those seeking family based visas such as the IR-1 visa or the CR1 Visa are generally required to process such applications through an Immigrant Visa (IV) Unit. The K1 visa application, although technically for a non-immigrant US fiance visa, is processed in much the same manner as an Immigrant visa.

Those seeking an EB-5 visa (Immigrant Investor Visa) or an L-1 visa (intra-company transferee visa) are usually required to first obtain an approved immigration petition from the United States Citizenship and Immigration Service (USCIS).

For related information please see: K1 Visa India.

Tags: CR-1 Visa India, CR1 Visa India, EB-5 Visa India, IR-1 Visa India, K-1 Visa India, K1 visa India, L-1 Visa India, United States Citizenship and Immigration Service, US Consulate Hyderabad, US Consulate Hyderabad Holiday Closing Schedule, US Consulate Indfia, US Embassy India, US Visa Hyderabad, US Vissa India, USCIS
Posted in US Consulate Hyderabad | No Comments »

The following was directly quoted from the official website of the United States Consulate in Chennai, India:

The U.S. Mission will officially observe only the holidays listed below.

* in lieu of January 1, 2011 (Saturday)
**  in lieu of December 25, 2011 (Sunday)

This blog routinely posts the holiday closing schedules of United States Posts abroad because this blogger has personally found himself at an American Mission that was closed due to observance of a holiday. It is hoped that by posting this information it will forestall this from happening to others in the future.

Those seeking the official homepage of the US Consulate in Chennai, India please click HERE.

Those seeking services such as issuance of a Consular Report of Birth Abroad, US Passport, or additional visa pages for a previously issued American passport are well advised to contact an American Citizen Services Section of the nearest US Embassy or US Consulate. In many cases, those seeking services may book an appointment online and thereby streamline the overall processing of a request.

Those seeking a temporary visa such as a US Tourist Visa are likely to process their application through a Non-Immigrant Visa Unit at a US Post abroad. Those seeking such visas are generally scrutinized pursuant to the legal presumptions imposed by section 214(b) of the United States Immigration and Nationality Act.

Those seeking a US Marriage Visa for an Indian spouse are likely to process their IR-1 or CR-1 visa application through an Immigrant Visa (IV) Unit at a US Post abroad. In general, the K-1 visa, considered a non-immigrant US fiance visa, is treated in much the same way as immigrant visas for processing purposes.

Those wishing to acquire an EB-5 visa for investment purposes or an L-1 visa as an intra-company transferee must usually have an immigration petition approved by the United States Citizenship and Immigration Service (USCIS) prior to processing a visa application.

For related information please see: US Visa India.

Tags: American Consulate Chennai, B-2 Visa India, consular report of birth abroad, CR-1 Visa India, EB-5 Visa India, IR-1 Visa India, K-1 Visa India, K1 visa India, L-1 Visa India, US Consulate Chennai, US Consulate Chennai India holiday closings, US Consulate Chennai India holidays, US Consulate India, US Embassy India, US Marriage Visa India, US Passport India, US Passport Renewal India, US Tourist Visa India, USA Consulate Chennai
Posted in US Consulate Chennai | No Comments »

The following is directly quoted from the official website of the United States Consulate in Kolkata, India:

The U.S. Consulate General, the Consular/Visa Section, the Public Affairs Office at the American Center comprising of The American Library(AIRC), USIEF(United States India Educational Foundation) and the United States Foreign Commercial Service at Kolkata, India will observe the following American and Indian holidays in the year 2011.

*In lieu of Saturday , 1/1/11
** In lieu of Sunday, 12/25/11

The administrator of this blog routinely posts the holiday closing schedules of various United States Missions in Asia in an attempt to forestall fruitless trips by Americans abroad to a US Embassy or US Consulate only to find such Posts closed in observance of either an American or, for these purposes, Indian holiday. Those wishing to obtain a Consular Report of Birth Abroad, US Passport, or additional visa pages in a previously issued US Passport are well advised to contact an American Citizen Services Section of the nearest United States Embassy or Consulate. In many cases, an appointment can be made in advance over the internet.

Those interested in visiting the official homepage of the American Consulate in Kolkata please click HERE.

Individuals seeking a temporary United States visa for tourism (B-2 visa), studying (F-1 visa), business (B-1 visa), or cultural exchange (J-1 visa) are usually required to process their application through a Non-Immigrant Visa (NIV) Unit of a United States Embassy or Consulate abroad. It should be noted that non-immigrant visa applicants must overcome the legal presumption enshrined in section 214(b) of the United States Immigration and Nationality Act.

Those seeking an American family based visa are generally required to process their application through an Immigrant Visa (IV) Unit abroad after the adjudication and approval of an immigration petition at the United States Citizenship and Immigration Service (USCIS). Although not technically an immigrant visa per se, the K-1 visa, a US fiance visa, is treated much the same way as an American immigrant visa for processing purposes.

Those seeking an L-1 visa or an EB-5 visa are also usually required to process an immigration petition through USCIS prior to making an application for an actual visa at a US Embassy abroad.

For related information please see: Consular Report of Birth Abroad.

Tags: American Consulate Calcutta, American Consulate Kolkata, American Embassy India, consular report of birth abroad, CR-1 Visa India, EB-5 Visa Calcutta, EB-5 Visa India, EB-5 Visa Kolkata, IR-1 Visa India, K-1 Visa India, K-3 Visa India, L-1 Visa India, L-1 Visa Kolkata, US Consulate Calcutta, US Consulate Kolkata, US Consulate Kolkata Holiday Closings, US Consulate Kolkata Holidays, US Embassy India, US Fiance Visa India, US Passport India
Posted in US Consulate Kolkata | No Comments »

The administration of this blog routinely posts the holiday closing schedules of the various US Missions in Asia. This is done in this blogger’s attempt to provide a courtesy to American travelers abroad who may be unaware of local holidays or some of the more obscure American Federal holidays. The following was quoted directly from the official website of the United States Consulate in Mumbai, India:

Holidays 2011

* In lieu of January 1, 2011 (Saturday)
** In lieu of December 25, 2011 (Sunday)

Note: The Embassy and Consulates are closed to the public on the last Wednesday of every month.

Those seeking Consular Reports of Birth Abroad, US Passports, or new visa pages for a previously issued American passport are well advised to contact an American Citizen Services Section of the nearest Post. In many cases, an American’s request can be better handled by making an appointment online with the local Post.

For those wishing to visit the homepage of the official website of the US Consulate in Mumbai please click HERE.

Those seeking non-immigrant visas such as the US tourist visa (B-2 category), the US student visa (F-1 category), the US exchange visitor visa (J-1 category), and/or the US Business Visa (B-1 category) are likely required to process their application through a Non-Immigrant Visa (NIV) Unit at an American Post abroad. It should be noted that non-immigrant visa applicants are generally subject to Consular scrutiny pursuant to section 214(b) of the US Immigration and Nationality Act. Meanwhile, those seeking immigrant visas such as an IR-1 visa or a CR-1 visa will likely process their request through an Immigrant Visa (IV) Unit of a US Mission abroad. For processing purposes, the K-1 visa application, a non-immigrant US fiance visa, is treated much the same way as an immigrant visa application.

Those seeking an EB-5 visa or an L-1 visa must process an immigration petition through USCIS (the United States Citizenship and Immigration Service) prior to processing a visa application at a Post abroad.

For related information please see: K3 Visa India.

Tags: American Consulate Mumbai, American Visa India, American Visa Mumbai, CR-1 Visa India, IR-1 Visa India, K-1 Visa India, K1 Visda India, US B-1 Visa India, US B-2 Visa India, US Consulate Mumbai, US Exchange Visitor Visa India, US F-1 Visa India, US Immigration from India, US J-1 Visa India, US Student Visa India, US Tourist Visa India, US Visa Application India, US Visa India, US Visa Mumbai
Posted in US Consulate Mumbai | No Comments »

Those who read this web log with any frequency may have noticed that the administration tries to post the holiday closing schedules of many of the US Embassies and US Consulates in Asia. This is done in an effort to forestall possibly fruitless trips to a closed US Embassy observing either an American or foreign holiday. The following is the holiday closing schedule of the United States Embassy in New Delhi, India as quoted directly from that Embassy’s official website:

Date	Day	Holiday	Type
December 31,  2010*	Friday	New Year’s Day	American
January 17	Monday	Martin Luther King’s Birthday	American
January 26	Wednesday	Republic Day	Indian
February 21	Monday	Washington’s Birthday	American
April 22	Friday	Good Friday	Indian
May 30	Monday	Memorial Day	American
July 4	Monday	Independence Day	American
August 15	Monday	Independence Day	Indian
August 22	Monday	Janamashtami	Indian
August 31	Wednesday	Idu’l Fitr	Indian
September 5	Monday	Labor Day	American
October 6	Thursday	Dussehra (Vijaya Dashami)	Indian
October 10	Monday	Columbus Day	American
October 26	Wednesday	Diwali	Indian
October 27	Thursday	Govardhan Puja	Indian
November 10	Thursday	Guru Nanak’s Birthday	Indian
November 11	Friday	Veterans’ Day	American
November 24	Thursday	Thanksgiving Day	American
December 6	Tuesday	Muharram	Indian
December 26**	Monday	Christmas Day	American

*    in lieu of January 1, 2011 (Saturday)
**  in lieu of December 25, 2011 (Sunday)

Those seeking services such as the issuance of a Consular Report of Birth Abroad, US  Passport, or additional visa pages for a previously issued American passport are well advised to contact the American Citizen Services Section of an American Mission abroad. In  many cases, Americans seeking such services can make an appointment in advance. Making an advance appointment can greatly facilitate the processing of requests as Consular Officers are provided with an opportunity to foresee the customers needs when an appointment is made in advance. In order to make an appointment online one may be required to register an appointment on the US Mission’s official website.

Those seeking the homepage of the official website of the United States Embassy in New Dehli, India should click HERE.

Those seeking visas such as the US Tourist Visa (B-2 visa), US Student Visa (F-1 visa), US Exchange Visitor Visa (J-1 visa), or the US Business Visa (B-1 visa) may be required to process their visa application through a Non-Immigrant Visa (NIV) Unit at a US Consulate abroad. In many cases, such applications are scrutinized pursuant to section 214b of the United States Immigration and Nationality Act which can create difficulties for those applicants who cannot show “strong ties” to India and “weak ties” to the United States of America.

Those Indian Nationals with Lawful Permanent Residence or American Citizens wishing to obtain an IR-1 visa or a CR-1 visa for an Indian loved one will likely be required to process their visa application through an Immigrant Visa Unit abroad. Unless it is possible to execute a Direct Consular Filing for such a visa, it is likely that such a visa application would only be adjudicated after the initial adjudication of an immigration petition at the United States Citizenship and Immigration Service (USCIS). For application processing purposes it should be noted that the K1 visa, although a non-immigrant US fiance visa, is generally treated  in much the same manner as an immigrant visa application.

Those Indian Nationals seeking an EB-5 visa for immigrant investment purposes or an L-1 visa for an intracompany transferee are generally required to process an immigration petition at USCIS prior to visa application abroad.

For related information please see: K1 Visa India.

Tags: 214(b), American Embassy India, American Embassy New Delhi, American Visa India, B-1 Visa India, B-2 Visa India, CR-1 Visa India, EB-5 Visa India, F-1 Visa India, IR-1 Visa India, J-1 Visa India, K-1 Visa India, K1 visa India, L-1 Visa India, US Embassy India, US Embassy India Holidays, US Embassy New Delhi, US Fiance Visa India, US Marriage Visa India, US Tourist Visa India, US Visa India, USA Visa India, USCIS
Posted in US Embassy India, US Embassy New Dehli | No Comments »

It recently came to this blogger’s attention, thanks to the efforts of the American Immigration Lawyers Association (AILA), that the Consular Report of Birth Abroad Certificate is being altered and updated in an effort to take further steps to ensure less forgery of such vitally important documents. To quote directly from the American State Department’s official website:

The Department of State is pleased to announce the introduction of a redesigned Consular Report of Birth Abroad (CRBA). The CRBA is an official record confirming that a child born overseas to a U.S. citizen parent acquired U.S. citizenship at birth. The redesigned document has state-of-the-art security features that make it extremely resistant to alterations or forgery.

CRBAs have been printed at U.S. Embassies and Consulates around the world since their introduction in 1919. Effective January 3, 2011, CRBAs will be printed at our passport facilities in Portsmouth, New Hampshire and New Orleans, Louisiana. Centralizing production and eliminating the distribution of controlled blank form stock throughout the world ensures improved uniform quality and lessens the threat of fraud.

Applications for U.S. passports and the redesigned CRBA will also use the title of “parent” as opposed to “mother” and “father.” These improvements are being made to provide a gender neutral description of a child’s parents and in recognition of different types of families.

It remains to be seen whether these changes will have a significant impact upon incidences of fraud in connection with Consular Reports of Birth Abroad (CRBA). That said, the Consular Report of Birth Abroad is an extremely important document as it is evidence of nationality for Americans born outside of the United States of America. Frequently, parents obtain a Consular Report of Birth Abroad immediately prior to obtaining a US Passport on behalf of a child born overseas.

This blogger found it interesting that the Department of State has taken steps to make such documents more gender neutral. In a similar move, in 2010, the State Department announced that measures had been implemented to allow transgender individuals to change their sex on their US Passport. It would appear that the efforts toward gender neutrality implemented in the updating of the Consular Report of Birth Abroad take into account the fact that the traditional gender roles within families and the family structure itself are in something of a state of flux as American families are becoming increasingly unorthodox compared to times past.

Under certain circumstances, children born to some Americans outside of the USA are not automatically vested with United States Citizenship. Should that be the case, then the American parent may be able to see that their children become US Citizens by filing a petition for immigration benefits pursuant to the Child Citizenship Act (CCA) of 2000. Those children of American Citizens who become US Citizens by operation of law pursuant to the CCA may obtain a Certificate of Citizenship which is very similar to a naturalization certificate although the bearer is not technically a naturalized US Citizen.

For related information please see: Consular Report of Birth Abroad.

Tags: Certificate of Citizenship, consular report of birth abroad, Consular Report of Birth Abroad Certificate, Consular Report of Birth Abroad Changes, CRBA, CRBA Certificate, CRBA Certificate Changes, Naturalization Certificate
Posted in American Institute Taiwan, US Citizenship, US Consulate ChengDu, US Consulate Chennai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department | No Comments »

This author recently came across an interesting piece of information on the official website of the American Immigration Lawyers Association (AILA). Apparently, the United States legislature has enacted legislation that would simplify the adoption process for Americans adopting a child, or children, outside of the United States of America. To quote directly from a recent AILA posting:

On 11/30/10, President Obama signed into law the International Adoption Simplification Act (P.L. 111-287).

The law amends the INA to include in the definition of “child,” and thus in the exemption from required admissions vaccination documentation, certain children who have been adopted in a foreign country that is a signatory to the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (Hague Convention) or who are emigrating from such a country for U.S. adoption.

It includes in such definition and exemption a child who is under the age of 18 at the time an immediate relative status petition is filed on his or her behalf, has been adopted abroad or is coming for U.S. adoption, and is the natural sibling of: (1) an adopted child from a Hague Convention signatory country; (2) a child adopted under the age of 16 who has lived with the adoptive parents for at least two years, or a child who has been abused; or (3) an orphan who was under the age of 16 at the time an immediate relative status petition was filed on his or her behalf.

The bill was passed in the Senate by unanimous consent on 7/21/10, and passed by the House of Representatives by a voice vote on 11/15/10.

It should be noted that not all countries are signatories to the Hague Convention noted above. However, for the USA, which has joined the Hague Convention, the simplification of the adoption process could result in families being reunited in the USA much more quickly compared to the process in the recent past.

In many ways, the foreign adoption process is somewhat similar to the process of obtaining American immigration benefits for a child purusuant to the provisions of the Child Citizenship Act of 2000. The CCA’s provisions can grant United States Citizenship by operation of law to the natural born child or children of an American Citizen. That said, the process for obtaining such benefits is often very much the same as the process utilized by those Americans wishing to bring a step-child of foreign nationality to the USA. The major difference between these two processes occurs at the United States Port of Entry where children of American Citizens born abroad become US Citizens by operation of law upon admission to the USA on an Immigrant visa in the company of the American parent.

Fore related information please see: Child Citizenship Act.

Tags: Adoption in Asia, Adoption in Thailand, AILA, American Immigration Lawyers Association, Child Citizenship Act, Child Citizenship Act of 2000, Foreign Adoption, Immigrant Visa, International Adoption Simplification Act, United States Citizenship
Posted in American Institute Taiwan, US Citizenship, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa, US Visa and Immigration, US Visa Thailand, USCBP, USCIS | No Comments »

This blogger recently came upon a press release detailing the enactment of a final rule regarding E-2 visas for those wishing to invest and conduct business in the Commonwealth of the Northern Mariana Islands (CNMI). The following is quoted directly from the official website of the United States Citizenship and Immigration Service (USCIS):

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today posted a final rule in the Federal Register that creates a nonimmigrant investor visa classification in the Commonwealth of the Northern Mariana Islands (CNMI). The “E-2 CNMI Investor Visa” allows foreign long-term investors to reside in the CNMI through December 2014. Petitions for the E-2 CNMI Investor classification will be accepted beginning Jan. 18, 2011. Petitions received before Jan. 18, 2011, will be rejected.

Authorized by the Consolidated Natural Resources Act (CNRA) of 2008, the E-2 CNMI Investor Visa will be issued for two years, is renewable, and is valid only in the CNMI. The investor’s spouse and children may also apply for status as dependents of the investor.

For those who are unfamiliar with matters pertaining to the CNMI it should be noted that only recently was this jurisdiction folded into the group of jurisdictions which utilize the Department of Homeland Security to set and enforce immigration law and policy. In the past, the CNMI maintained relatively autonomous status when it came to immigration matters, but newly enacted rules have made CNMI Immigration rules very similar to those of the rest of the USA.

E-2 visas are very useful travel documents for those wish to go to the United States of America (or in this instance, the Commonwealth of the Northern Mariana Islands) for business or investment purposes. Strictly speaking, E-2 visas are non-immigrant visas, but unlike the B-2 visa (US Tourist Visa) the E-2 is effectively treated as if it were a dual intent travel document in the same vein as an L-1 visa. One of the benefits of dual intent travel documents is that the applicant does not need to overcome the presumption of immigrant intent as set forth in section 214b of the United States Immigration and Nationality Act.

The E-2 visa is sometimes confused with the EB-5 visa. The United States EB-5 visa is an Immigrant Investor visa. Pursuant to the provisions of relevant American Immigration law the applicant for an EB-5 visa is accorded Lawful Permanent Resident status upon lawful admission to the United States in EB-5 status. It should be noted that the EB-5 visa process can be rather cumbersome as a petition must initially be filed with the United States Citizenship and Immigration Service (USCIS). Furthermore, the EB-5 visa seeker must also undergo Consular Processing at a US Embassy, US Consulate, American Institute, or US Mission with appropriate Consular jurisdiction. Finally, the United States Customs and Border Protection Service (USCBP) is tasked with inspecting and making findings of admissibility when any foreign national requests admission to the USA. As stated above, upon lawful admission to the USA, an alien national in EB-5 status will be granted conditional lawful permanent residence in the USA.

For related information please see: E2 Visa Thailand.

Tags: 214(b), American Immigrant Investor Visa, CNMI, Commonwealth of the Northern Mariana Islands, dual intent, E 2 Visa, E-2 Visa CNMI, E2 Visa, E2 Visa CNMI, EB-5 Visa, EB5 Visa, Immigrant Investor Visa, L-1 visa, L1 Visa, US Immigrant Investor Visa
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