Integrity Legal

On August 6, 2009 the American Immigration Lawyers Association is reporting that two people in New York City have been arrested as a result of a fraud investigation targeted at a fraud ring headed by TONG HUI YOU (a/ka KEVIN YOU), 50, and XIAO LING CHEN (a/k/a LINDA CHEN), 36. According to the indictment these two were actively holding themselves out to the public as attorneys even though they had not been licensed as such. Further, the indictment alleges that these defendants were involved in a scheme to defraud by promising immigration benefits that they could not deliver.

Apparently, these two would bring victims to their office and, as AILA’s website reports,

“Once inside, the victim met YOU, who stated in substance that he was a lawyer specializing in express immigration. CHEN also told the victim that YOU was a lawyer. YOU represented to the victim that he had special connections in the U.S. immigration agency and in the U.S. Embassy in China. YOU guaranteed that the victim’s petitions for his family members in China would be approved within six months and that his family members in the U.S. would get green cards through a particular program even though they had not applied and did not qualify.” [Emphasis Added]

I placed sections of the above quote in bold and italics in order to underscore some important points. First, this type of scam is far too prevalent in Thailand. Many so called “lawyers,” “attorneys,” and “visa consultants,” cause all kind of problems for victims in Thailand. As if falsely claiming to be an attorney were not enough, these firms also promise many immigration benefits that the applicant is either ineligible to receive or would be improper to obtain based upon the victim’s situation. Another common claim is the “100% Guarantee.”

A variation on this scenario that is often played out in Thailand also involves the “visa company” creating false documentation in order to cover up facts that could be negatively construed. It is never wise to provide documents that attempt to cover up a fact material to the visa application. This authors has personally seen instances where doing so has lead to findings of inadmissibility that would otherwise have not arisen had it not been for the fact that the “visa agent” encouraged the couple to lie on an application.

The actions taken by the authorities in New York are commendable, but more needs to be done in order to eradicate the “visa agent” phenomenon which has become extremely prevalent in Thailand and on the internet. For those who have been adversely affected by an unscrupulous operator purporting to be an attorney or otherwise claiming to be able to assist with US Immigration matters, please see this link which provides information about where to go to complain about an “Immigration Consultant.”

For information on Getting a USA Visa from Thailand please see:

K1 Visa Thailand or K3 visa Thailand

Tags: AILA, American Visa Thailand, immigration consultant, K1 Visa Thailand, scams, US Immigration, US Visa Thailand, visa agent
Posted in F1 Visa Thailand, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

On this blog, we often mention, quote, or write about the American Immigration Lawyer’s Association (AILA). Some readers have become curious as to what this organization does and what they represent. Further, some people do not understand what membership means.

In other countries such as the United Kingdom and Australia, there exist what are known as registered Migration Consultants or OISC registered immigration advisers. In the United Kingdom, the organizations purposes is well articulated on their homepage which states that the OISC, “is responsible for regulating immigration advisers by ensuring they are fit and competent and act in the best interest of their clients.”

In the United States of America an attorney licensed and in good standing with either the United States Supreme Court or the highest court of at least on state is entitled to practice United States Immigration Law. However, unlike other countries with a history of common law, the United States does not have one singular regulatory body designed to monitor the activities of those who primarily act as a US Immigration lawyer.

In a way, the American Immigration Lawyer’s Association has come in to fill the breach regarding some of the duties inherent to a professional organization. The American Immigration Lawyers Association provides advice and mentoring for new attorneys practicing in the field of American Immigration. AILA also acts as a mechanism for advocacy on Capitol Hill. The American Immigration Lawyers Association disseminates information regarding pending legislation and provides resources regarding where interested parties can go to show their support for upcoming legislative initiatives.

One aspect of AILA that is particularly beneficial to the public at large is their campaign to eradicate so-called “notarios” and “Immigration consultants.” The American Immigration Lawyers Association provides information about where disaffected parties can go in order to lodge complaints against unscrupulous operators who prey on helpless victims who unwittingly retain their services believing they are real attorneys. In the United States this phenomenon is particularly common in the Latino communities. Oftentimes people are adversely affected by the activites of the notarios who offer either purposely malicious or incorrect advice.

It should be noted that membership in AILA is not necessarily indicative of one who can practice immigration law. Any attorney who is licensed and in good standing in at least one state can provide immigration advice. However, regular AILA members must have a license to practice law.  Therefore, AILA membership is indicative of an ability to practice before USCIS.

Some “fly by night” operations in Thailand and throughout the world falsely make claims to membership in AILA. In order to verify if an operator is AILA approved, check the website and search for the attorney in question.

For more on US Immigration from Thailand please see:

K1 fiance visa

K3 marriage visa or,

US tourist visa

Tags: AILA, American Lawyer Thailand, K1 Visa, US Immigration Attorney Thailand, US Immigration Lawyer Thailand, US Visa Thailand
Posted in F1 Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

As my Thai has begun to improve (slightly) I am beginning to see more and more layers of the tapestry that is Thai society. That being said, I did not expect to see something on the internet that would stop me in my tracks as much as the website www.usvisa4thai.com. This site is dedicated to assisting native Thai speakers with the United States Immigration process. It is setup as something of a forum and luckily for me the handy dandy Google translator has helped me navigate the site.

The author thinks this is a great idea because one of the major difficulties in dealing with US Immigration law and US visa obtainment in Thailand is the fact that often explaining the situation can be difficult. Some concepts in US Immigration law are difficult to grasp for a seasoned immigration attorney, let alone someone who does not speak English as their first language. In Thailand, explaining a concept that is as complicated as re-establishing domicile can be a very difficult task. This is where Thai paralegal staff comes in, but for those who opt not to retain an attorney I must imagine that understanding many US Immigration concepts is very difficult. Hopefully, USVISA4THAI will be used as a medium to clarify confusing issues.

Before learning of USVISA4THAI, we on this website made the decision to use our web presence in order to provide useful information. In that vein, we put up our own version of “us visa 4 thai,” by providing our United States visa information in both the Thai and English languages. Although certainly not as interactive as usvisa4thai, hopefully this information will be helpful to those who wish to immigrate to the United States of America.

An issue related to USVISA4Thai deals with issues involving the K1 visa interview at the US Embassy in Bangkok.  Many men in Thailand pose the question: “What if my Thai fiancee’s English is not that good?” Many people are worried about their Thai loved one’s ability with the spoken Thai language and whether that will adversely affect a K1 fiance visa application. In many cases a fiance visa application will not be detrimentally effected by a fiancee’s less than perfect grasp of the Thai language. A common misconception is based upon the idea that there is an English language requirement for a K1 visa. There is not an English language requirement per se. However, a bona fide relationship is a requirement of a K1 vsa applicant. Having an ability to speak with a loved one is strongly indicative of a bona fide relationship. Conversely, a lack of shared language could have a  detrimental impact upon a couple’s ability to obtain a K1 visa. Please note, that although we are talking about shared language, that language does not need to be English. It can be any language that the couple shares. Therefore if an American only speaks English and the Thai only speaks Thai, there may be problems showing a bona fide relationship because a lack of communication is a primary indicator of lack of bona fides in a relationship.

(This is not legal advice. No attorney-client relationship should be construed to exist between author and reader.)

Tags: American Visa Thailand, K1 visa application, k1 visa interview, K1 Visa Thailand, US Immigration, US visa 4 Thai, US Visa Thailand
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Although it is not an issue which most people wish to think about, the fact remains that each year many people are denied United States Immigration benefits. From Thailand, it is not entirely uncommon to see Thai nationals with improper documentation being turned away at the US port of entry. In many cases, those trying to enter the USA are given the opportunity to exercise the option to voluntarily depart the United States.

The legal act of Voluntary departure allows an alien, who could otherwise be deported or removed, to leave the United States of America at their own cost within a specified period of time and thereby avert an order of deportation or removal.  That being said, in certain cases voluntary departure is not a viable legal option.

Voluntarily departing the United States of America is more desirable from an Immigration standpoint when compared to being forced to leave the USA pursuant to an order of deportation.  Should an immigrant (or non-immigrant) be subjected to an order of removal (deportation) he or she might be precluded from coming back the United States of America for as long as a decade and could be subject to criminal and civil sanctions if he or she reenters without first obtaining appropriate legal authorization.  Should the immigrant depart the United States voluntarily within the time frame ordered by the judge or offered by the Immigration officer, then he or she will not be estopped from legally reentry to the United states at some point in the future. It should be noted that a person who has a removal order on his or her record is not allowed to apply for removal cancellation, adjustment of status and/or any other United States immigration benefits for certain statutorily prescribed periods.

Cases involving voluntary departure often arise when a Thai is using an improper visa to try to enter the US. This is especially common for those who try to use a US tourist visa, but have obvious immigrant intent. For instance, Thai women who are going to the the United States on a US tourist visa to visit their fiancee could be turned away because the Immigration officer feels they should obtain a K1 visa for such a purpose.  Technically, Customs and Border Patrol (CBP) have the authority to put the prospective entrant through expedited deportation, but in some cases they will simply allow the visa holder to depart of their own volition.

In order to forestall the need for voluntary departure, to avoid the possibility of expedited deportation, and simply to be ethical, it is never wise to dishonestly apply for a US tourist visa, student visa, US business visa, or Exchange visitor visa when the applicant intends to travel to the USA for the purposes of marriage and adjustment of status.

(This is not to be used as competent advice on the law. No attorney-client relationship should be inferred from reading this piece.)

Tags: American Visa Thailand, Fiancee Visa, Immigration rules, K1 Visa, K1 Visa Thailand, US Tourist Visa, US Visa, US Visa Thailand
Posted in F1 Visa Thailand, J1 Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

The United States Citizenship and Immigration Service is preparing the unveiling of a newly designed webpage to replace the one currently found at www.USCIS.gov. United States President Barack Obama was quoted as saying

“In the next 90 days, USCIS will launch a vastly improved Web site that will, for the first time ever, allow applicants to get updates on their status of their applications via e-mail and text message and online.”

Apparently the new site will allow for case status updates to be sent to a person’s cell phone which would truly provide up-to-the-minute information. According to the American Immigration Lawyer’s Association website this revamp of the USCIS website is the result of culling information from in-depth focus groups tasked with reviewing the current USCIS website. Those participating in the focus groups spanned the spectrum from those with national and local cases pending to those visiting the United States.

At present, the United States Citizenship and Immigration Service website provides many features for those with cases pending and for those seeking information regarding Immigration to the United States. USCIS also offers e-filing of Immigration petitions for certain categories. At the current time, USCIS does not allow e-filing for most US Family Visa cases. Therefore, one cannot file for a K-1 visa, K-3 Visa, or CR-1 visa through the internet. The reason for the restriction of family visa submissions is likely due to the fact that many United States Family based petitions require proof of an existing bona fide relationship. Therefore, the documentation proving the bona fides of a relationship can be quite extensive and cannot easily be filed online.

It should always be borne in mind that USCIS is generally only phase one of the K1 visa process or the K3 visa process from Thailand. After USCIS adjudicates a petition they will send it on to the National Visa Center (NVC), NVC will determine which diplomatic post has jurisdiction over adjudicating the application (The US Embassy Thailand has jurisdiction over cases involving Thai nationals). The diplomatic post will conduct an visa interview and decide whether to approve the petition.

Of all the phases of the US Immigration process, generally the USCIS adjudication phase takes the longest because there is often a backlog of pending cases built up at the Service Center or lock box. Therefore, any improvements that USCIS can make in order to facilitate faster visa processing is always welcome.

(This is not legal advice. No Client-Lawyer relationship is formed from reading this posting.)

Tags: American Visa Thailand, K-1 Visa Process, K1 Visa Thailand, K3 Visa Thailand, US Immigration Process, US Visa Process, US Visa Thailand, USCIS
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US Immigration and Nationality is an interesting and complex area of American jurisprudence. As a statutorily driven field of law, it can be one of the more rules driven areas of Federal regulation. Many Americans born in the United States acquire their citizenship through a combination of jus sanguinis (Latin meaning “right of blood”) and/or jus soli (Latin meaning “right of the soil” or “right of the territory”). For those born outside of the United States, or its possessions, how can United States Citizenship be proven? This is why the United States government has promulgated the US Certificate of Citizenship.

The Certificate of United States Citizenship is a legal document distributed by the government authorities of the United States of America and used in order to provide proof of the bearer’s United States Citizenship. Those who are qualified to submit an application for a United States Certificate of Citizenship include those who acquired United States of America citizenship while living in the United States or those Americans who were born outside of the United States, or any possession or territory of the USA, to United States citizens. Specifically eligible to submit an application for a US Certificate of Citizenship are:

• those born abroad who have parents with United States citizenship, or

• those with at least one naturalized parent who naturalized when the citizen was  under 18 years of age and met special criteria of United States Immigration and Nationality law.

It should be noted that the US certificate of citizenship is a substantially different document from the United States naturalization certificate. Naturalization occurs when a foreign national acquires United States Citizenship. The certificate of naturalization is conferred in order to prove acquisition of US Citizenship. The certificate of citizenship is generally granted to those who were born as United States Citizens.  Therefore, the documents, although similar, denote two different types of US Citizenship.  Generally, one must submit an application to the United States Citizenship and Immigration Service (USCIS) in order to obtain a Certificate of Citizenship. USCIS is an agency under the Department of Homeland Security which is tasked with maintaining Immigration, naturalization, and Citizenship records for those persons in the USA.

United States Citizenship is important from a US Immigration perspective because only a US Citizen can petition for a K1 visa (fiance visa) or a K-3 visa (expedited marriage visa) on behalf of a foreign national. Therefore, proving one’s United States Citizenship could be critical in obtaining a USA Visa for a foreign loved one.

(This content is intended for educational purposes only and does not constitute advice regarding the law. No Lawyer-Client Relationship exists between author and reader.)

Tags: K-1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Immigration Thailand, US Visa Thailand, USA Visa Thailand, USCIS, Visa Lawyer Thailand
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It would appear that although repeal of the Defense of Marriage Act (DOMA) may not be happening anytime during the current legislative session. For same sex partners of United States Citizens, there may be hope that United States Federal Immigration Law could be modified in order to allow for United States immigration benefits for Lesbian, Gay, Bi-sexual, and Trans-gender (LGBT) Couples.

Under the current laws on the books, embodied in the United States Immigration and Nationality Act (INA), Bi-national LGBT couples are precluded from obtaining immigration benefits based upon their relationship. Therefore, the same sex partner of an American Citizen cannot obtain United States Lawful Permanent Resident (Green card) status based upon their relationship in the same way that foreign spouse or fiance could. It would appear that this situation may soon change.

According to CBS News:

“[M]ore than 100 lawmakers in the House and about 20 in the Senate have signed onto bills that would add the United States to the 19 countries that already recognize same-sex couples for immigration purposes.”

Comprehensive Immigration Reform (CIR) is currently being considered in both the United States House of Representatives and the United States Senate. Many lawmakers are hoping to amend the currently pending bills with proposed amendments to correct the immigration injustice being perpetrated against bi-national same-sex couples. However, the proposed amendments to this legislation do not come without challengers, further from CBS News:

“The long-standing fight over the country’s estimated 36,000 same sex couples of two nationalities is a small but emotional part of the debate over immigration reform. But including same-sex couples in the mix could make it harder to pass an immigration overhaul. A key ally in past immigration fights, the U.S. Conference of Catholic Bishops, said it would not support a measure that has a same-sex provision.”

United States Representative Mike Honda is a supporter of the legislation aimed at ameliorating same-sex discrepancies in Immigration law. The so-called Re-Uniting American Families Act is similar to previous legislation known as the Uniting American Families Act (UAFA). In both proposals, an addition of the term “permanent partner,” will be made to the United States INA which will allow for a circumvention of the restrictions placed upon same sex couples under current federal law (DOMA).

President Obama has signaled his wish that some sort of US Immigration category be created that would allow same-sex couples to have benefits similar to different sex couples. There are questions among same-sex civil rights groups regarding just how much the President really supports their cause as the outcome of the same-sex immigration debate remains in doubt.

(This post is not legal advice. Contact a Licensed professional for legal advice. No lawyer-client relationship is created between the writer and any reader of this article.)

Tags: Defense of Marriage Act, gay immigration, gay visa, Immigration Equality, lgbt immigration, lgbt visa, Reuniting American Families Act, same sex visa, Uniting American Families Act
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For those seeking to submit a visa application the first thing to think about is which office of the United States Citizenship and Immigration Service (USCIS) will take jurisdiction over adjudicating the petition. In instances involving an overseas filing of an Immigrant petition (sometimes known as Direct Consular Filing), this information is not useful, but for those living in the United States and filing non-immigrant spouse or fiance visa petitions, the following information may be helpful.

The K-1 visa application (the I-129f) should be filed with the office having jurisdiction over the petitioner’s home state.  There are currently two USCIS service centers adjudicating I-129f petitions (the K-3 visa application requires a supplemental I-129f petition after submission of an initial I-130 petition).

USICS Service Center: California

The California Service Center currently adjudicates petitions from the following US states and territories:

Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, or Wyoming. (As with all information concerning USCIS jurisdictional matters, the above list is subject to change.)

USICS Service Center: Vermont

The Vermont Service Center currently adjudicates petitions from the following US states and territories:

Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, West Virginia and the District of Columbia. (As with all information concerning USCIS jurisdictional matters, the above list is subject to change.)

(Some people confuse the Vermont Service Center with the National Visa Center in New Hampshire. The National Visa Center is not an organ of USCIS, but is a visa application processing center under the administrative jurisdiction of the United States Department of State.)

For those American Citizens who are resident in the Kingdom of Thailand, it may be possible to file an Immigrant Visa application with the USCIS office in Bangkok, Thailand. However, unlike a USCIS Service Center, the Bangkok District Office does not generally adjudicate K-1 visa applications. Further, the USCIS Service Centers in California and Vermont are not the correct locations to submit Immigrant Visa (I-130) applications for spouses of United States Citizens who are resident in the United States. Therefore, one should do careful research before submitting any visa application in order to be sure that an application will not be rejected based upon lack of proper jurisdiction.

(Do not use this information as a substitute for competent legal advice. No attorney-client relationship should be inferred to have formed between author and reader.)

Tags: American Visa Thailand, California Service Center, I-130, K-1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, United States Citizenship and Immigration Service, US Visa Thailand, USCIS, Vermont Service Center
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | 24 Comments »

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.)

Tags: American Visa Thailand, Green Card, K-1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, K3 Visa Thailand, US Tourist Visa, US Visa Thailand, USA Visa Thailand, USCIS
Posted in F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

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.)

Tags: American Visa Thailand, K-1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, us embassy bangkok, us embassy thailand, US Immigration Thailand, US Visa Thailand, V Visa, Visa Lawyer Thailand
Posted in K-3 Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »