Integrity Legal

Archive for the ‘US Visa and Immigration’ Category

31st October 2022

Unlike the past two and a half years, border running in Thailand is again possible as Thailand reopens and allows tourism once again. As to the definition of a “border run” it may be best to quote directly from legal.co.th:

So in my mind, the Border Run is basically when someone hops over the border for example Cambodia, Laos, Myanmar, Malaysia, here in Thailand, they literally just hop over the Border. What you see a lot of down here in Bangkok, Pattaya area, sort of the eastern part of Thailand, you see a lot of folks run over the border to Cambodia. Literally they just hop the Border, they are there for a relatively short period of time, almost nominal period of time and then they hop right back into Thailand and then they get their status that way.

This definition is different from that of a visa run which is defined as:

Then there is what I think of as a Visa Run which is when one flies or you could drive but ultimately what is going on here is you are going to an Embassy, in this case a Thai Embassy and getting a new actual Visa, then coming back to Thailand.

Although border runs are again possible, those who do not use a visa agency or transportation service which specializes in border runs may find themselves unable to depart and return to Thailand in the same day.

Meanwhile, officials within the American State Department have noted that they are taking steps to decrease processing times for US visas. To quote directly from the State Department’s website:

As for many service providers, the COVID-19 pandemic forced profound reductions in the Department’s visa processing capacity in two main ways.  First, restrictions on travel to the United States, and local restrictions on public places like our overseas consular waiting rooms, curbed our ability to see visa applicants.  As most applicants are required by U.S. law to appear in person, these restrictions forced a reduction in the number of visa applications the Department could process.

Second, as revenue from the application fees that fund visa processing operations was cut nearly in half, the Department was forced to leave more than 300 overseas consular officer positions unfilled in 2020 and 2021.  This further reduced the number of visa applications we could process.

One method DOS appears to be using is waiver of interviews (this should not be confused with an I-601 waiver or an I-212 waiver). In certain nonimmigrant visa cases it may be possible to apply for, and receive, a visa without the need to physically be present in the interview:

During the pandemic, the Department of State coordinated with the Department of Homeland Security to waive in-person interviews for several key visa categories, including for many students and temporary workers integral to supply chains.  In addition, applicants renewing nonimmigrant visas in the same classification within 48 months of their prior visa’s expiration are now eligible to apply without an in-person interview in their country of nationality or residence.  This has already reduced the wait time for an interview appointment at many embassies and consulates.  We estimate 30 percent of worldwide nonimmigrant visa applicants may be eligible for an interview waiver, freeing up in-person interview appointments for those applicants who still require an in-person interview.

Actual case processing time remains far longer than prior to the second quarter of 2020 so the practical impact of these initiatives remains to be seen.

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28th September 2022

Officials in Thailand are set to end the Emergency Decree on October 1. With the end of the emergency decree there are immigration implications. Most notably, beginning in October all present testing and vaccination requirements associated with entering Thailand will be rescinded. However, the end of the emergency decree does not necessarily entail all positive developments. Since March of 2020, Immigration officers in Thailand have had increased discretion regarding the issuance of Thai visa conversion. Under normal circumstances, the prevailing paradigm in Thai Immigration is that non-immigrant visa holders (or those holding an exemption) should leave Thailand and obtain a new visa, via a “visa run,” if they wish to have a different non-immigrant category. Following the inception of the emergency decree, and the issues associated with travel over the past 2 and a half years, Immigration officials had wider latitude to grant in-country changes of visa status. As travel is now less cumbersome, and therefore the capability of completing a border run is now restored, it seems likely that Immigration’s discretion to allow in-country change of visa status may evaporate.

All news is not necessarily bad, however, as October 1 will see an extension of the lawful status bestowed upon those entering Thailand in Thai visa exempt status. Until now, those traveling to Thailand and entering with a Thai visa exemption stamp have only been allowed 30 days of status. It was recently announced that such status will be extended to 45 days. Concurrently, those entering Thailand and obtaining a visa on arrival will be granted 30 days of status instead of the standard 15. Apparently, this measure is only temporary as this initiative is designed to spur tourism to Thailand during the upcoming high season. Whether this plan will have the desired effect remains to be seen.

October also ushers in a new insurance regime associated with the Thai O-A retirement visa, as opposed to the O retirement visa extension issued by Thai Immigration officials in-country. Those wishing to obtain or maintain a Thai O-A retirement visa will now need to show that they have at least 3 million baht in insurance coverage, or the equivalent amount of funds in a Thai bank account if a visa extension in O-A status is sought.

There are many who ponder whether the end of the emergency decree will also result in faster processing of certain US visas. It remains to be seen whether this development will have any appreciable impact upon the US Immigration process, especially Consular processing, but it stands to reason that this development could only operate to the benefit of those seeking immigration benefits for the USA.

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30th June 2022

Many Changes Afoot in Thailand

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There have been a number of changes in Thailand in recent weeks, most notably: the Thailand Pass system (which has persisted since March 2020 with the creation of certificates of entry). This system has proven to be a major hindrance to the recovery of the tourism sector in Thailand. Many in Thailand and around the world are happy to see the end of the system. Another significant change in recent weeks has been the repeal of the mask “mandate” (a supposed requirement notwithstanding a lack of legal codification) requiring people to wear a mask even in outdoor public places. The repeal of this “mandate” will likely prove a boon to the tourism industry in Thailand as these requirements (regardless of their legal foundation) may have put off a number of prospective travelers to Thailand.

On the Thai Immigration front, there have been several announcements in recent weeks regarding the creation of the Long Term Residence, or LTR, visa in Thailand (a “residence” visa in name only as these proposed visas appear to be non-immigrant in nature although they confer a substantial portion of lawful status in Thailand, namely 10 years). There appear to be four subcategories to choose from for the prospective long term “resident” in Thailand. One category appears aimed at high net worth retirees, while another is for those who invest significant capital into Thailand, another seems geared to long staying professionals, and finally there appears to be a “digital nomad” LTR visa. However, September is the earliest that it seems such visas will be available. Concurrently, it is noteworthy that this new visa category is unlikely to be utilized by a broad segment of the expat population in Thailand, but actual usage remains to be seen.

All of this news comes on the heels of a general easing of rules regarding establishments’ opening hours in Thailand as tourists begin to trickle back into the Kingdom and enjoy the various entertainment venues the country has to offer.

On the United States Immigration front, the backlog of cases continues to cause relative delays in processing compared to times past. Many are waiting longer time periods to see visas such as the K-1 visa to be issued. Meanwhile, those seeking immigrant spouse visas, such as the CR-1 visa or the IR-1 visa are dealing with increasing delays due to the review process at the National Visa Center. Hopefully these issues will abate throughout the remainder of 2022, but such developments remain to be seen.

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30th April 2022

It has recently come to this blogger’s attention that the Thailand Pass, a system not unlike the US’s Electronic System for Travel Authorization (also known as ESTA), will remain in place for at least the immediately foreseeable future. To quote directly from Thai PBS World:

The Centre for COVID-19 Situation Administration (CCSA) will not scrap the “Thailand Pass” scheme, as has been widely anticipated, but will shorten the registration process for overseas tourists applying to enter Thailand as the “Test and Go” one-night quarantine scheme for the fully vaccinated is scheduled to come to an end on April 30, CCSA assistant spokesperson Sumanee Wacharasint said today (Thursday). Dr. Sumanee added, however, that when COVID-19 situation in the country steadily improves, the CCSA may consider further easing of restrictions. She explained that there are currently four steps in the “Thailand Pass” application process, namely checking of vaccination certification, checking of the evidence of advanced hotel bookings, checking of proof of insurance coverage while in Thailand, and proof of booking for RT-PCR testing…Meanwhile, Prime Minister Prayut Chan-o-cha will personally oversee preparations by all agencies to cope with overseas arrivals, once the “Test and Go” scheme ends on April 30, according to Traisulee Traisoranakul, deputy spokesperson for Government House today (Thursday).

The Thai Pass has proven to be an obstacle to seeing tourism fully recover in Thailand as many prospective tourists do not wish to undertake the process of getting a Thailand Pass issued. That stated, there is reason to be hopeful for the return of tourists to Thailand as a substantial amount of obstacles have been removed for both vaccinated and unvaccinated travelers wishing to gain admission to Thailand. Most notably, either of the aforementioned groups of travelers, with correct documentation, can now avoid the need to quarantine in a Thai hotel. This requirement, sometimes referred to as the Test and Go program, has been removed.

Notwithstanding recent announcements from the Biden administration regarding the desire to decease the Immigration case processing backlog, US visa cases are still processing in a relatively slower manner than they were prior to the pandemic. This seems to be especially true in cases where applicants are seeking immigrant spouse visas, such as the CR-1 visa and the IR-1 visa, for the USA. The National Visa Center seems to be a major sticking point in terms of overall processing time. For this reason, some prospective immigrants are opting to use the K-1 visa rather than an immigrant spouse visa in order to gain admission to the USA more quickly. Hopefully the situation will improve over the course of the rest of the year and we will update this blog accordingly.

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17th October 2021

There are a substantial number of news stories currently noting the announced reopening of Thailand for a broad swath of tourists beginning November 1. To quote directly from the Bangkok Post:

Thailand will allow fully vaccinated visitors from low-risk countries to enter the kingdom without quarantine from Nov 1 as a key effort by the government to boost the economy. In a televised broadcast on Monday night, Prime Minister Prayut Chan-o-cha said he has instructed the Centre for Covid-19 Situation Administration (CCSA) and the Public Health Ministry to consider reopening the country to fully vaccinated tourists without quarantine on Nov 1. However, pre-conditions are that international visitors will need to show that they are Covid-free at their time of travel with an RT-PCR test undertaken before they leave their home country, and then have a test in Thailand…

Clearly the government seems intent upon reopening, but there are some who question whether Thailand will actually reopen on the date selected. Some have pointed out that the deadlines remains tentative. As of the time of this writing the regulations regarding entry to Thailand remain as they have been since April of 2021 for the unvaccinated traveling to Thailand by land, while vaccinated travelers coming by air have seen their quarantine period reduced to 7 days and the unvaccinated must now only quarantine 10 days. Meanwhile, there is also discussion about abolishing the certificate of entry in favor of a “Thailand Pass”. To quote again from the Bangkok Post:

The Ministry of Foreign Affairs and the Digital Government Development Agency are developing a new system to replace the certificate of entry (CoE) for Thais and foreigners who wish to enter the country through an airport. Tanee Sangrat, spokesman for the Foreign Affairs Ministry, said on Thursday a new web-based application called the Thailand Pass system, where people can gather information and upload documents, is being developed for the kingdom’s Nov 1 reopening. Mr Tanee said the Thailand Pass will replace the CoE system and facilitate the filing of an immigration form known as the TM6 and a health declaration form known as T8…

Although the new Thailand Pass will replace the certificate of entry, many of the attributes of this new system appear very similar to the COE system and it should be noted that for some travelers a certificate of entry may still be required. The analysis regarding who requires a certificate of entry to be admitted to Thailand and who can use the Thailand Pass will depend upon the specific facts in a given case.

As Thailand appears to be easing restrictions associated with inbound travel, backlogs in the American immigration system persist. Presently, it is taking an extremely long time, compared to times past, to secure an appointment for an American tourist visa interview. Concurrently, those seeking a K-1 visa or a K-3 visa for a Thai fiancee or spouse to travel to the USA are seeing interview appointments allocated with a decreasing frequency. Furthermore, appointments being issued through the National Visa Center for CR-1 visas and IR-1 visas for immigrant spouses are also increasingly scarce. Hopefully, these delays are temporary and we will see speedier processing of these cases sooner rather than later.

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1st September 2021

The lockdowns in Bangkok and other highly populated areas of Thailand appear to be abating as it has recently been decreed that certain retail businesses may reopen while restaurants and other eateries may again serve dine-in customers from today onward. There seems to be an implication that further easing will be forthcoming, but we have seen that attitude before only to see things suddenly reverse. Hopefully, the business community in Bangkok and Greater Thailand has finally come through the worst of these rather stringent measures and things can move on.

Meanwhile, various destinations in Thailand are attempting to “Move On“. Notably, Phuket has implemented initiatives in the “Phuket Sandbox” program to allow travelers in that location to travel to other destinations after an initial 7 days on the island in the “7+7” program. Although this is definitely good news tourism numbers remain far below normal and therefore it remains to be seen how many people will actually avail themselves of this opportunity. The sandbox initiative has not garnered the tourism interest that many had hoped, but with high season coming this could change. It is worth noting that a number of non-immigrant Thai visa holders have availed themselves of the sandbox scheme as it is viewed as less cumbersome compared to dealing with 14 days of quarantine when traveling to other parts of Thailand.

It is notable that Thailand is one of the only jurisdictions in Southeast Asia which is permitting tourists to enter the country. Not to mention non-immigrant visa holders (most of whom were completely barred from reentry last summer). That stated, issues still arise for foreign nationals in Thailand as there are those who have problems either maintaining their status due to unforeseen work issues or no longer meet the requirements of their lawful status. Under such circumstances it is optimal to avoid falling into overstay and attempt to obtain a Thai visa conversion in order to remain in the Kingdom.

American immigration is not moving as quickly as was the case prior to 2020. That stated, things are moving more quickly compared to the situation in 2020. Although appointments for non-immigrant visas to the USA such as tourist visas are difficult to come by and even obtaining an appointment for a K-1 visa interview can be difficult. There are those who hope that a change in administration in the USA will result in concrete changes to the American immigration apparatus, but any improvements remain to be seen.

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14th June 2021

It recently came to this blogger’s attention via the website of the US Embassy in Thailand that there is a new policy in place regarding the expired passports of US Citizens. To quote directly from the aforementioned website:

U.S. citizens may directly return to the United States with certain expired U.S. passports.

If you are overseas and your passport expired on or after January 1, 2020, you may be able to use your expired passport to return directly to the United States until December 31, 2021.

You qualify for this exception if all the following are true:

  • You are a U.S. citizen.
  • You are currently abroad seeking direct return to the United States.
  • You are flying directly to the United States, a United States territory, or have only short-term transit (“connecting flights”) through a foreign country on your direct return to the United States or to a United States Territory.
  • Your expired passport was originally valid for 10 years. Or, if you were 15 years of age or younger when the passport was issued, your expired passport was valid for 5 years.
  • Your expired passport is undamaged.
  • Your expired passport is unaltered.
  • Your expired passport is in your possession.

You do not qualify for this exception if:

  • You wish to depart from the United States to an international destination.
  • You are currently abroad seeking to travel to a foreign country for any length of stay longer than an airport connection en route to the United States or to a United States territory.
  • Your expired passport was limited in validity.
  • Your expired passport is a special issuance passport (such as a diplomatic, official, service, or no-fee regular passport).
  • Your expired passport is damaged.
  • Your expired passport is altered.
  • Your expired passport is not in your possession…

This is a major departure from standard procedures regarding American passports. Those keenly interested in this issue are advised to click the link above to read the entire announcement. Clearly, the United States Embassy in Thailand is attempting to provide solutions to Americans abroad who have seen their passports expire as the duration of the Thai government’s response to the COVID situation drags on. Although this is something of an “ad hoc” initiative the State Department’s policy is laudable as it creates flexibility for many Americans abroad who otherwise would be unable to return home.

Meanwhile, Thai Immigration policy continues to evolve. There has been significant progress made with regard to the proposed “Phuket Sandbox” initiative which, once implemented, would allow travelers to be admitted to Phuket, Thailand without being required to quarantine in their hotel for 14 days. However, there are been a number of developments in recent weeks which appear both positive and negative. For example, the following was noted in a recent article on ThaiVisa.com:

Over 50 percent of foreigners who had confirmed they would visit Phuket as part of the ‘Phuket Sandbox’ project have now cancelled their plans, Thailand’s tourism minister has said. Pipat Ratchakitprakarn, Minister of Tourism and Sports, told Spring News that after the Center for Economic Situation Administration (CESA) increased the minimum period of stay from 7 days to 14 days, 29,700 foreigners have now cancelled plans to visit Phuket. Under the Phuket Sandbox scheme, vaccinated foreigners do not need to be quarantined in a hotel room, but they are required to remain in Phuket before travelling to other provinces in Thailand…

The fluidity of regulations pertaining to the sandbox initiative seems to be alienating a number of otherwise interested travelers. Meanwhile, ThaiVisa.com went on to note that:

The Phuket Sandbox project, the launch of which is best described as chaotic, suffered another blow last week after it was announced that bars and pubs in Phuket would remain closed when the first tourists start arriving from July 1.

It seems immigration and quarantine policy are not the only obstacles standing in the way of substantial tourist numbers returning. It should be noted that the Phuket initiative has yet to be brought online so it remains to be seen if the “sandbox” plan will actually be implemented. It seems prudent to infer based upon comments from relevant Thai government officials that the sandbox program will be implemented. However, the popularity of such a plan remains to be seen. Presently, those arriving in other parts of Thailand, including Bangkok and Chiang Mai, are required to undergo 14 days of alternative state quarantine (ASQ) before being released. This quarantine pertains not only to foreign tourists, but also to those entering Thailand on non-immigrant visas such as the business visa, retirement visa, marriage visa as well as Thai nationals and permanent residents. The end date for quarantine enforcement in Thailand remains to be seen.

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24th May 2021

The overall posture of American immigration has improved considerably since the beginning of 2021. With the transition to a new administration there have been a number of changes in how immigration cases are processed. As noted previously, the public charge rule has reverted back to pre-Trump criteria. Concurrently, it appears the current administration has rolled back a potentially disturbing policy regarding collection of biometric data from not only intending immigrants to the United States, but American petitioners and sponsors as well. Presently, there are a number of backlogs holding up cases at various points in the US immigration process. For example, processing times at USCIS are longer overall. Meanwhile issues at the National Visa Center are prolonging case processing. Finally, the US Embassy in Bangkok, Thailand has had to postpone a number of appointments citing the COVID situation. Although it seems the Embassy is prioritizing family based Immigrant Visa Unit matters over the non-immigrant visa unit as some level of priority seems to be conferred to cases such as applications for the K-1 visa (for fiances of America citizens) and the marriage visa cases (K-3, IR-1, and CR-1 visas). There does seem to be some hope on the horizon that things will start looking better as this administration does not seem as intent on being deliberately obtuse with respect to processing immigration cases.

Turning to Thai immigration news, the situation in Thailand has turned less positive since April and the upshot in an immigration context is the re-extension of the quarantine time in Thailand. As of the time of this writing, all travelers (including those vaccinated) arriving in Thailand are required to undergo a 14 day quarantine. On a more general note, Thailand remains under a state of pseudo-lockdown which is having a tremendously negative impact upon the SME sector. However, there is hope that things will begin to turn around as the COVID vaccination is rolled out in early June. Key officials in Thailand have also stood firm behind their commitment to reopen Phuket for the “sandbox” initiative in July. This is apparently still moving forward and, as yet, this doesn’t seem likely to be cancelled. That stated, many initiatives (such as “travel bubbles” or reduced quarantine) have been proposed and ultimately shot down or have been rolled out only to be rolled back. Therefore, it is difficult to predict exactly how things will progress moving forward in the course of the next few weeks, but hopefully these days ahead will be better than those recently transpired.

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18th March 2021

The overall Immigration system in both the United States and Thailand have been in a state of flux for a number of months. The transition in Administrations in the United States has had a number of effects upon the Immigration apparatus as a whole, most recently the Secretary of Homeland Security announced changes with respect to the public charge rule. To quote directly from the Department of Homeland Security website:

Today, DHS Secretary Alejandro N. Mayorkas announced that the government will no longer defend the 2019 public charge rule as doing so is neither in the public interest nor an efficient use of limited government resources.

“The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Consistent with the President’s vision, we will continue to implement reforms that improve our legal immigration system.”

President Biden’s Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans called for an immediate review of agency actions on public charge inadmissibility and deportability. DHS’s review, in consultation with the Departments of Justice and State and the federal benefits-granting agencies, is ongoing.

Clearly, this represents a sea change with respect to immigration policy on issues associated with acting as a sponsor for an intending immigrant or in cases where adjustment of status is involved. This is likely to have a tremendous impact upon processing of cases such as the K1 Visa, the K3 Visa, the CR1 Visa, and the IR1 Visa. In K-1 visa cases, those acting as sponsors must file an I-134 affidavit of support while the I-864 applies to immigrant visas. Hopefully, the recently announced policy change will benefit those seeking these types of visas.

Meanwhile, it seems officials in Thailand are going ahead with easing of quarantine measures. The process of lifting the quarantine is slated to occur in phases, with phase 1 set to commence in April. There are to be 4 phases of the quarantine easing with phase 2 (so-called “area quarantine“) set to commence at the beginning of the summer and apparently the Kingdom will open much more in October. Much of the reopening appears contingent upon the broad adoption of so-called vaccine passports, with certificates of entry to be phased out in favor of that documentation. Notwithstanding these announcements, it now appears that quarantine will continue albeit on a truncated basis, with those who can prove prior vaccination and a clear COVID test able to enjoy 7 days of quarantine (as opposed to 14 days) beginning in April. Those unvaccinated with a clear COVID test will only be compelled to quarantine for 10 days.

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14th February 2021

Since the last posting on this blog there have been a number of developments and discussions with respect to both Thai and American immigration issues. One development which has received substantial media coverage has been the Executive Orders signed by President Biden with regard to Immigration policy. Of particular note to the administration of this web log was the order titled: Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans. The content of this Executive Order seems designed to impose a new policy paradigm upon the Immigration bureaucracy (or perhaps reimpose of a previously existing paradigm). This effort to change the prevailing paradigm is evidenced in the opening lines of the order itself:

Consistent with our character as a Nation of opportunity and of welcome, it is essential to ensure that our laws and policies encourage full participation by immigrants, including refugees, in our civic life; that immigration processes and other benefits are delivered effectively and efficiently; and that the Federal Government eliminates sources of fear and other barriers that prevent immigrants from accessing government services available to them…The Federal Government should develop welcoming strategies that promote integration, inclusion, and citizenship, and it should embrace the full participation of the newest Americans in our democracy.

Clearly, the administration seeks to re-establish a sense of decorum and compassion tot eh immigration system. The order goes on the delineate as to more concrete steps toward those ends:

Sec. 3.  Restoring Trust in our Legal Immigration System.  The Secretary of State, the Attorney General, and the Secretary of Homeland Security shall review existing regulations, orders, guidance documents, policies, and any other similar agency actions (collectively, agency actions) that may be inconsistent with the policy set forth in section 1 of this order.

(a)  In conducting this review, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall:

(i)   identify barriers that impede access to immigration benefits and fair, efficient adjudications of these benefits and make recommendations on how to remove these barriers, as appropriate and consistent with applicable law; and

(ii)  identify any agency actions that fail to promote access to the legal immigration system — such as the final rule entitled, “U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements,” 85 Fed. Reg. 46788 (Aug. 3, 2020), in light of the Emergency Stopgap USCIS Stabilization Act (title I of division D of Public Law 116-159) — and recommend steps, as appropriate and consistent with applicable law, to revise or rescind those agency actions.

(b)  Within 90 days of the date of this order, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall each submit a plan to the President describing the steps their respective agencies will take to advance the policy set forth in section 1 of this order.

(c)  Within 180 days of submitting the plan described in subsection (b) of this section, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall each submit a report to the President describing the progress of their respective agencies towards implementing the plan developed pursuant to subsection (b) of this section and recognizing any areas of concern or barriers to implementing the plan.

It remains to be seen precisely how this will impact the American immigration system, and it should be noted that the apparatus is unlikely to fundamentally change over night. That stated, there is good reason to hope there may be “light at the end of the tunnel” after months of seemingly unnecessary delay and obfuscation in the visa process. There does appear to one area of particular interest to the current administration with respect to US immigration. Namely, there have been a number of issues associated with the “Public Charge rule” and prior to the issue of COVID-19 coming to the forefront of immigration analysis, public charge was shaping up to be a significant obstacle for a number of family based immigration cases (including, but not limited to: the K-1 visa, the K-3 visa, the CR-1 visa, and the IR-1 visa categories). The recently promulgated order seems to take this issue seriously:

The Secretary of State, the Attorney General, the Secretary of Homeland Security, and the heads of other relevant agencies, as appropriate, shall review all agency actions related to implementation of the public charge ground of inadmissibility in section 212(a)(4) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(a)(4), and the related ground of deportability in section 237(a)(5) of the INA, 8 U.S.C. 1227(a)(5).  They shall, in considering the effects and implications of public charge policies, consult with the heads of relevant agencies, including the Secretary of Agriculture, the Secretary of Health and Human Services, and the Secretary of Housing and Urban Development.

(a)  This review should:

(i)    consider and evaluate the current effects of these agency actions and the implications of their continued implementation in light of the policy set forth in section 1 of this order;

(ii)   identify appropriate agency actions, if any, to address concerns about the current public charge policies’ effect on the integrity of the Nation’s immigration system and public health; and

(iii)  recommend steps that relevant agencies should take to clearly communicate current public charge policies and proposed changes, if any, to reduce fear and confusion among impacted communities.

(b)  Within 60 days of the date of this order, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall each submit a report to the President describing any agency actions identified pursuant to subsection (a)(ii) of this section and any steps their agencies intend to take or have taken, consistent with subsection (a)(iii) of this section.

It seems the administration is particularly keen to address the difficulties imposed by rules changes pertaining to public charge and hopefully some revision of the rules may be forthcoming sooner rather than later.

Meanwhile, although there has not been a great deal of substantive change to current immigration policy in Thailand, there has been a great deal of discussion regarding possible policy changes to in an effort to revitalize the Thai tourism sector which, depending upon the source, seems to have seen between 1-3 million layoffs since the response to the pandemic began. Once solution discussed has been the notion of a “vaccine passport” or “immunity passport“. Essentially, this notion centers upon the idea that those who can prove they have been inoculated against COVID-19, via one of the many vaccinations currently on the market, will be allowed to travel to Thailand without the need to quarantine in one of the alternative state quarantine (ASQ) facilities. Notwithstanding the fact that there has ben a great deal of discussion on this matter, it currently appears, as with the so-called “travel bubble” scheme, that this program will not be implemented any time soon. As the tourism sector in Thailand languishes, long stay tourists may avail themselves to special tourist visas or standard TR visas to stay in Thailand. Furthermore, the Thai retirement visa remains a viable option for those wishing to travel to Thailand for retirement purposes.

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