Integrity Legal

Recently, we have received a number of inquiries regarding the so-called Green Card lottery. In the past, Congress created a visa category designed to allow certain foreign nationals access to the United States as Permanent Residents provided they meet occupational requirements and are natives of certain countries which are underrepresented as immigrant groups in the USA. A yearly lottery is held to determine who shall be granted this type of visa.

The State Department is very clear about the fact that assistance in filling out the Diversity Visa application is probably not a necessity in most cases, and they further warn prospective Visa applicants to be wary of those claiming they can assist in the process or “guarantee” a visa. Integrity Legal does not assist with Diversity Visa applications. That being said, as a courtesy to our readers, below is a list of the countries whose nationals are entitled to apply for Diversity Visa benefits for 2010.

The list below shows the countries whose natives are eligible for Diversity Vise in 2010, grouped by geographic region, for more information please see the State Department Website:

AFRICA
Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo, Democratic Republic of the Cote D’Ivoire (Ivory Coast), Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe, Persons born in the Gaza Strip are chargeable to Egypt.

ASIA
Afghanistan, Bahrain, Bangladesh, Bhutan, Brunei, Burma, Cambodia, East Timor, Hong Kong Special Administrative Region, Indonesia, Iran, Iraq, Israel, Japan, Jordan, Kuwait, Laos, Lebanon, Malaysia, Maldives, Mongolia, Nepal, North Korea Oman, Qatar, Saudi Arabia, Singapore, Sri Lanka, Syria, Taiwan, Thailand, United Arab Emirates, Yemen

Natives of the following Asian countries are ineligible for this year’s diversity program: China (mainland-born), India, Pakistan, South Korea, Philippines, and Vietnam. Hong Kong S.A.R and Taiwan do qualify and are listed above. Macau S.A.R. also qualifies and is listed below (Europe). Persons born in the areas administered prior to June 1967 by Israel, Jordan, and Syria are chargeable, respectively, to Israel, Jordan, and Syria.

EUROPE
Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark (including components and dependent areas overseas), Estonia, Finland, France (including components and areas overseas), Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kazakhstan, Kosovo, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Macau Special Administrative Region, Macedonia, Malta, Moldova, Monaco, Montenegro, Netherlands (including components and dependent areas overseas), Northern Ireland, Norway, Portugal (including components and dependent areas overseas), Romania, Russia, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Tajikistan, Turkey, Turkmenistan, Ukraine, Uzbekistan, Vatican City

Nationals of the following European countries are ineligible for this year’s diversity program: Great Britain (United Kingdom) and Poland. Great Britain (United Kingdom) includes the following dependent areas: Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, St. Helena, and Turks and Caicos Islands. Note that for purposes of the diversity program only, Northern Ireland is treated separately; Northern Ireland does qualify and is listed among the qualifying areas.

NORTH AMERICA
The Bahamas

In North America, natives of Canada and Mexico are ineligible for this year’s diversity program.

OCEANIA
Australia (including components and dependent areas overseas) Fiji, Kiribati, Marshall Islands, Micronesia, Federated States of Nauru, New Zealand (including components and dependent areas overseas), Palau, Papua New Guinea, Solomon Islands, Tonga, Tuvalu, Vanuatu, Samoa

SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN
Antigua and Barbuda, Argentina, Barbados, Belize, Bolivia, Chile, Costa Rica, Cuba, Dominica, Grenada, Guyana, Honduras Nicaragua, Panama, Paraguay, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Uruguay, Venezuela

Countries in this region whose nationals are ineligible for this year’s diversity program: Brazil, Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Jamaica, Mexico, and Peru.

For information about Integrity Legal’s Immigration Services please see: Fiance Visa Thailand

(Be Advised: This content does not constitute legal advice. Please seek legal advice from a licensed attorney. No Attorney/Client Relationship is created by reading this piece.)

Tags: American Visa Thailand, Diversity Visa, Green Card Lottery, US Visa Information, US Visa Thailand
Posted in General Legal Information, Legal Opinion, Miscellaneous, US Visa and Immigration, US Visa Thailand | No Comments »

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

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

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

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

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

For further information please see:

K1 Visa

K3 Visa

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

Tags: 221 (g), G-28, G28, K-3 Visa Thailand, K1 Visa Thailand, US Embassy Thailand Bangkok, US Immigration Lawyer, US Immigration Lawyer Thailand, US Immigration Thailand, us visa lawyer thailand, US Visa Thailand
Posted in Adjustment of Status, Fiance 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, Visa Waiver | No Comments »

For many Americans the Tourist visa is the travel document that comes to mind when discussing US Immigration. For Immigration based upon a family relationship the Tourist Visa is the worst option when an American Citizen spouse or Fiance is seeking to bring the foreign fiancee or spouse to the USA in order to remain.

One of the main reasons why the tourist visa is not an option that should be contemplated when making family immigration decisions stems from the fact that the purpose of the US tourist visa is misunderstood and the visa itself has been greatly misused in the past. A US Visitor Visa is intended for short term recreational purposes only. Similarly the US business visa is meant for short term business endeavors in the USA (conferences, trade shows, etc.) Neither are designed for use by those who seek to have their loved one remain in the USA permanently.

Consular officers making a judgment call on a US visitor visa must be convinced that the applicant has overcome the statutory presumption of immigrant intent. This doctrine stipulates that the applicant for a tourist visa is a presumed immigrant until they can demonstrate that they are strongly connected to a place outside of the USA. So connected, in fact, that they are more likely to leave the United States in order to return to that location than they would be to remain in the United States past their visa expiration.

A major misconception regarding practically any visa is the idea that it confers a “right” to enter the United States of America. In reality, the visa confers a right to present themselves at the border and upon inspection and approval from the Immigration officer, be admitted to the United States. Even at a United States port of entry, it is possible for the traveler to be turned away if the Immigration officer feels it is necessary. As a practical matter, this rarely occurs due to the fact that most entrants to the USA have a legitimate reason for entry.

Since September 11, 2001 US Immigration officials have been more zealous in their enforcement of US Immigration rules and regulations and as a result the scrutiny placed upon entrants to the US, whether they intend to immigrate or not, has increased.

Due to the fact that the US tourist visa is intended for non-immigrant purposes and the fact that scrutiny of non-immigrants to the US has increased. It is now highly advisable that those wishing to bring a loved one to the USA use the proper travel document. For those seeking to bring a loved one that they are not married to, a K-1 visa may be an appropriate option. While those with an overseas wife might opt for the K-3 visa, CR-1 Visa, or IR-1 Visa depending upon the couple’s circumstances and immigration goals.

Be advised that entering the USA on a visitor visa with anything other than NON-immigrant intent, could be viewed as an attempt to defraud immigration officials and lead to criminal or civil penalties as well as a possible later finding of inadmissibility. If deemed inadmissible, one can only be admitted to the USA after application for a waiver.

(Please note: this post is not a substitute for legal advice. For proper legal advice seek the counsel of a licensed attorney. No part of this piece should be construed as forming an Attorney-client relationship between author and reader.)

Tags: 214 b, American Visa Thailand, B-2 Visa, B2 Visa Thailand, Inadmissibility, K-1 Visa, K1 Visa Thailand, US Tourist Visa Thailand, US Visa Thailand, US Visitor Visa Thailand, Waiver
Posted in K-3 Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

The K-3 Visa is a bit of an anomaly in United States Immigration law because it was created as something of a “band aid” and has since become somewhat misunderstood.

The K-3 was originally devised as a “fast track,” visa for those wishing to bring their foreign spouse into the United States. The reason a “fast track,” option was necessary was due in part to the fact that classic Immigrant visa petitions for spouse’s of American Citizens (CR-1, IR-1) were taking as long as three to four years to adjudicate because of the tremendously large backlog of cases at what was then known as the Immigration and Naturalization Service (now United States Citizenship and Immigration Service) . The collective frustration with immigrant visa processing lead to the K-3′s birth.

K-3 Visa Application (s)

In order to file for a K-3 visa one must first file for a traditional marriage visa (IR-1/CR-1). This necessitates the submission of an I-130 application. The I-130 will be sent to the proper United States Citizenship and Immigration Service (USCIS) office for adjudication.  Then the USCIS office will send the petitioner or his visa lawyer a document known as Notice of Action 1 (NOA1). The Notice of Action 1 is simply a receipt from USCIS formally acknowledging the petition’s submission.

Once the Notice of Action 1 is received the petitioner and beneficiary have the option of submitting a supplemental immigration petition with the USCIS service center that has jurisdiction over the petitioner’s state of residence. When initially promulgated there were questions regarding what form should be used when petitioning for the K-3. It was eventually decided that in the interests of efficiency and ease the I-129 f petition (usually used as the K-1 visa application) would be used as the supplemental application form for the K-3 visa.

A second Notice of Action 1 will be sent out to either the visa lawyer or the petitioner putting the party on notice that the case was received.

K-3 Visa Application: Processing Time

In order to calculate the processing time for the K-3 application one must first ascertain how long it will take to get the initial I-130 application filed. Then, calculate the wait time before receiving Notice of Action 1 plus the actual adjudication time of the I-129f. Usually, the K-3 takes slightly longer to process than the K-1 visa and slightly less time to process than the Immigrant visas (CR-1 or IR-1). For unmarried couples, it may be advisable to seek a K-1 or CR-1 visa rather than the K-3. However, depending upon what Embassy the couple would prefer to use for consular processing, the K-3 could have some strategic advantages.

(Note: This post is not a substitute for proper legal advice from an attorney. Further, no attorney-client relatioship is created between author and reader.)

Tags: K-1 Visa, K-3 Visa, K-3 Visa Application, K-3 visa process
Posted in K-3 Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

A question on the lips of any Thai-American couple when first making the decision to immigrate to the United States is: “how long is this process going to take?” This is a question that can have many different answers depending upon the couple’s situation, visa category, and the processing center that will adjudicate the petition.

Visa Processing Times By Visa Category

The category of visa can have a crucial bearing upon how long it will take to process the visa application. This would seem to be due to the fact that more people tend to apply for certain visa categories, while others are requested less often.

A case in point, far more Immigrant visa applications are submitted than K-3 visa applications. This may be due to the fact that the immigrant visas confer a Green Card or because a K-3 visa application  requires a second petition. Some visa categories may take longer to process because there is heightened scrutiny of the visa application during its adjudication.

This author believes that Immigrant visas, also known as CR-1 or IR-1 visas, which confer permanent residence are scrutinized more carefully because of the privileges attached to the visa. An IR-1 visa beneficiary enters the USA with unconditional lawful permanent residence, the IR-1 beneficiary may remain in the USA indefinitely, provided he or she does not commit some sort of act that results in deportation.  Compare this scenario with a K-1 visa application where the visa ultimately obtained will only entitle the beneficiary to 90 days in the USA and require a further adjustment of status application and one can begin to understand why the applications for the K-1 visa seem to process faster.

The following are processing times for US Family based visas (K-1, K-2, K-3, K-4, and Immigrant Visas) submitted to the Vermont Service Center :

For more processing times garnered from the source of these estimates please click here

The following are processing times for US Family based visas (K-1, K-2, K-3, K-4, and Immigrant Visas) being processed at the California  Service Center:

For more processing times garnered from the source of this information please click here

All of the above processing estimates are an accurate, but approximate, depiction of USCIS processing times at the time of this writing. As a practical matter, USCIS seems to take more time for adjudication of some of the categories mentioned above than for others. Further it should be noted that the US Embassy in Thailand and the National Visa Center can add time to these estimates if they are processing large caseloads. For more specific information regarding visa cases filed at a USCIS service center and being processed at the American Embassy in Thailand please contact [email protected].

Expatriates living in Thailand may be able to file a visa petition at the USCIS office in Bangkok. By doing so, the processing time estimates are different in comparison to filing in the USA. Generally, when one petitions for an immigrant visa locally, they can expect to obtain that visa in much less time than those compelled to file in the USA.

(Please be advised: Nothing in this post should be construed as mean for any other purpose than providing educational information. Therefore, this post is no substitute for one-on-one legal advice from a licensed attorney. No lawyer-client fiduciary relationship is created between the author and any reader of this post.)

Tags: American Embassy Thailand, American Visa Thailand, CR-1 Visa, Green Card, IR-1 Visa, K-1 Visa Processing Time, K-1 Visa Thailand, K-3 Visa Processing Time, USA Visa Thailand, USCIS, Visa Processing Time
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

In most cases where a US Marriage Visa is involved the couple does not need to concern themselves with the issue of adjustment of status. That being said, the K-3 visa is an exception because it is a non-immigrant visa.

One should not mistake “adjustment of status” for “change of status.” “Change of Status” only applies to persons transitioning from one non-immigrant visa category to another non-immigrant visa category. In the case of a transition from a non-immigrant to an immigrant visa cateogry, the proper term of art is “adjustment of status.”

The K-3 visa is a bit of an odd category because it requires two underlying USCIS petitions: the classic I-130 and the supplemental I-129f (usually reserved for K-1 visas).  A result of these dual applications is that an alien beneficiary spouse has the option of either adjusting status in the United States or returning to her home country for interview and Immigrant Visa conferral.

Some clients opt to adjust a Thai spouse’s status in the United States, while others take the position that returning home for the interview is more pleasant. The K-3 Visa lasts for two years, therefore many Thai beneficiaries use what could otherwise be the adjustment phase of the process to return home to Thailand in order to see family while at the same time finalizing the Immigrant visa process at the US Embassy in Thailand.

Should the foreign bride decide to adjust status stateside, then the process is similar to the adjustment of status process for a fiance visa. Upon approval of the Adjustment application, the K-3 visa beneficiary will be given lawful permanent residence.

There was a time when K-3 visas could be granted with a duration of up to ten years. Due to adjustment issues it seems Embassies stopped issuing these visas with 10 year validity. The reason may stem from the fact that government officials may have decided it was inefficient to let the I-130 petitions languish at Embassies abroad while the spouse of a US Citizen enjoyed a 10 year visa. Another issue could be that a US Citizen spouse dying could leave the foreign spouse stranded from an immigration standpoint because the K-3 is a non-immigrant visa category and the US Citizen’s death could result in precluding the foreign spouse from obtaining permanent residence based upon the marriage to the now deceased spouse. For these reasons, it may be prudent to submit an application for adjustment of status as soon as the beneficiary enters the USA on a K-3.

(Nothing herein should be assumed to act as a substitute for legal advice from a competent licensed attorney. No attorney-client relationship is created by reading this blog post.)

Tags: Adjustment of Status, K-1 Visa, K-3 Visa Thailand, us embassy bangkok, US Visa Thailand
Posted in Adjustment of Status, K-3 Visa Thailand, US Embassy Thailand, US Visa Thailand | No Comments »

What is the Process for Obtaining a K-1 Fiancee Visa?

The K-1 visa process is a time consuming and complex endeavor. Many arm-chair attorneys believe that they understand the K-1 process based upon second hand or incorrect information. Further complicating the research process are so-called visa agents and Immigration consulting firms providing misleading information. In Thailand, there are some “US Immigration Lawyers” who are not licensed to practice law in any US jurisdiction and therefore cannot practice US Immigration law. Without all of this “background noise” of bad information, what are the facts about the K-1 Visa Process?

The K-1 Visa Process: The Visa Application

The K-1 Visa Application is one of the most critical components of the K-1 visa process. Currently, the I-129f application is used by those who wish to petition for K-1 benefits for a foreign fiancee. The I-129f petition seems uncomplicated at first blush, but legislation passed within the last decade has made K-1 visa application questions more detailed and created restrictions regarding who can submit an application for a K-1 visa.

After the application is completed, it must then be submitted to the United States Citizenship and Immigration Service (USCIS) center with proper jurisdiction. USCIS Service Center jurisdiction is based upon the location of the US Citizen’s primary residence in the United States.

K-1 Visa Process: Submission of the K-1 Visa Application to the USCIS Service Center

After the US Citizen sends the K-1 Visa application to the USCIS service center, the wait begins. Due to the heavy caseload of both service centers, it can take some time before the K-1 application is adjudicated. Currently, both USCIS service centers state that it will take approximately 6 months to adjudicate the K-1 visa application. However, is has been the experience of the writer that this is a conservative estimate and the K-1 application is usually adjudicated in a shorter time period. An issue that can arise and slow down a K-1 visa application is a Request For Evidence (RFE). An RFE is sent from USCIS to the US Citizen if there is a deficiency of documentation in the K1 application. This is where retaining the services of a US Visa Lawyer could be a benefit because the lawyer could assist in forestalling an RFE.

K-1 Visa Application Approval at USCIS and Forwarding to the National Visa Center

Once USCIS approves a K-1 visa application, they will send the visa application to an office within the American State Department called the National Visa Center (NVC). The NVC will ascertain where the Fiancee beneficiary of the visa application will be conducting her interview. Once it is determined where the Fiancee will conduct her K-1 visa interview, the NVC will forward the application to that Embassy or Consulate.

K-1 Visa Process: Packet 3 and the K-1 Visa Interview

After the NVC has forwarded the K-1 application to the Embassy the embassy will send out packet 3, which explains the documentation that must be submitted prior to the K-1 visa interview. Having an attorney on the scene to assist with consular processing can be a major advantage to the Non-Citizen fiancee especially where the fiancee’s mother tongue is not English. After Packet 3 is submitted and the Interview is scheduled, the Fiancee will go to the Embassy and have her interview.

K-1 Visa Process: K-1 Visa Interview and 221g Refusals

One common delay in the K-1 visa process is caused by a 221 g denial. A 221 g visa denial occurs when the consular officer conducting the K-1 visa interview determines that the applicant has provided insufficient documentation and will need to retrieve the necessary documentation before a visa will be issued. An American Immigration attorney in the fiancee’s home country can be indispensable at the K-1 interview phase because they can attempt to forestall 221 g denials by using their knowledge of the law and experience in order to prepare all of the necessary documentation in advance. Further, if a 221 g should arise, the attorney is in a position to advise how best to deal with the deficiency.

K-1 Visa Process: K1 Visa Denial based upon a Legal Ground of Inadmissibility

In cases where the K-1 beneficiary is deemed legally inadmissible to the US, the K-1 visa application will be denied. In many cases, the Inadmissibility can be waived by filing an I-601 waiver application. retaining an Immigration attorney at the beginning of the process can enable all parties to form an effective strategy regarding a finding of inadmissibility. If an attorney believes that a ground of inadmissibility exists, then he can prepare the application for a waiver before the visa is ultimately denied and file the waiver application contemporaneously or shortly following denial.  Luckily for those reading this, most foreign beneficiaries are not inadmissible, but it may be wise to contact an attorney in order to understand all facets of the K-1 Visa Process.

(Nothing in this article should be used for purposes other than education and research. Further, no part of this post is a satifactory alternative to competenet personal legal advice from a licensed attorney. This article does not create an attorney-client relationship between author and reader.)

Tags: K-1 Visa Process, K1 Visa Information, K1 Visa Lawyer, K1 Visa Thailand, US Immigration Information, us visa lawyer, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, US Visa Thailand | 1 Comment »

The K-3 Visa Process: A Closer look at a Hybrid Visa

The K-3 Visa is a very misunderstood and probably often misused visa for American Family Immigration. A great deal of false information is present all over the internet as the K-3 is trumpeted as THE US marriage visa. In reality the K-3 visa, although in certain instances effective, probably has limited utility particularly where the Thai-American couple has yet to register a marriage in Thailand.

The K-3 Process Explained

The K-3 visa was created at a time when I-130 petitions (the underlying petition of the CR-1 visa and the IR-1 visa) were taking as long as 3 years or more to process through USCIS. Congressmen and Senators, feeling pressure from their constituents, made the decision to create an alternate visa for bi-national married couples. The result was the K-3 Marriage Visa.

Step one of the K-3 Visa Process:

File an I-130 petition for a CR-1/ IR-1 Visa. The I-130 petition creates the foundation for the rest of the K-3 process.

Step 2 of the K-3 Visa Process:

File an I-129f petition. Those who have kept up with this blog will recall that the I-129f is the K-1 visa application. In the case of the K-3, the visa process is essentially the same as the K-1 from this point except for the fact that now the K-3 petition is processing at the same time as the CR-1 or IR-1 petition.

Step 3 of the K-3 process:

The I-129f petition, upon approval, leaves USCIS and is sent to the National Visa Center. From there, it is forwarded to the US Embassy in Bangkok.

Step 4 of the K-3 Visa Process:

The K-3 interview at the US Embassy: the K-3 Visa beneficiary is interviewed by the Consular Officer and provided there are no 221g denials, the K-3 visa will be approved.

While this process is transpiring, the I-130 petition is also pending simultaneously. From a practical standpoint, this means that the couple has a choice regarding which visa application they will use to obtain the visa. Should they opt to simply use the K-3, then the Thai wife will enter the USA with a 2 year multiple entry visa, but NOT lawful permanent residence (Green Card). In order to obtain permanent residence and therefore finish the K-3 visa process, the K-3 spouse must either adjust status in the USA or leave the US and travel back to Thailand and re-interview for the underlying IR-1/CR-1 visa.

One of the probable reasons for a great deal of misinformation regarding the K-3 is the fact that “visa agents” do not understand the visa process. Also, a particular issue with regard to Thailand is the fact that unlicensed “Immigration Consultants” and “Law Firms,” cannot submit a US Immigration petition at the local USCIS office in Bangkok. If a US Citizen is qualified, a local filing can garner an immigrant visa for a Thai spouse in as fast as six months and the Thai spouse is conferred permanent residence upon arrival in America. USCIS will only allow a licensed attorney to represent clients before their officers and as a result non-licensed individuals seem to prefer to mail petitions to the USA in an effort to avoid being detected in the unlicensed practice of law.

(This post is for general information only. It is not a sufficient alternative to private legal advice from a licensed attorney. This post should not be misunderstood: merely reading this post does not create an attorney-client relationship between author and reader.)

Tags: K-3 Visa, K-3 visa process, K-3 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Visa and Immigration, US Visa Thailand | No Comments »

The K-1 Application: Frequently Asked Questions

A very frequently asked question with regard to the K-1 Fiance Visa is: how do we apply for a K-1 Visa? US Immigration procedure is a somewhat difficult to understand for those who have never dealt with the application process. This post will briefly provide details about the K-1 application, where it will be filed, and use of an Immigration attorney.

A common misconception held by many American Citizens is that a visa applicant can simply apply for the K1 Visa at the US Embassy directly. It is easy to understand why people believe this particularly in light of the fact that this is essentially the procedure for obtaining a US tourist visa. In the case of K1 visas this, however, is not the case. One must first file the K-1 visa application with an office called the United States Citizenship and Immigration Service, or USCIS for short. The application is then routed to the National Visa Center and remitted to the American Embassy in Bangkok.

There are so many forms, which should be used?

Many people are belabor under the myth that the US Immigration process is a very straightforward process. In reality, because US Immigration law is statute driven it can be quite complex to the point of being byzantine. The rules governing how and where things must be filed and the order in which petitions ought to be filed can be fraught with difficulty for the laymen. In the case of the K1 visa, the correct application form that should be used is the I-129f. This should not be confused with the I-129 petition form. Withing this application form, there are many questions that  a couple will need to confer about. Recent statutory changes like IMBRA and the Adam Walsh Act have created new restrictions with regard to who is allowed to petition for a K-1 visa.  The I-129f is the crux of the fiance visa application, but there are more government forms that must accompany this application along with supporting documentation that must be used to prove the legitimacy of the relationship.

Where do we file the K1 visa application?

The location that one should file a K1 application depends upon where the US Citizen’s residence in the United States is located. Another misunderstanding involves a belief that aK1 application can be filed at a local USCIS office. In most cases this is not correct. There are two Service Centers for US Citizens wishing to file a K1 application, one is in Vermont and the other is in California. The location for filing the application depends heavily upon the US Citizen’s state of residence.

Should we use an attorney to file a K-1 visa application?

Retaining the services of an attorney is a decision that each couple should decide on their own. That being said, a great deal of the administrative burden can be lifted by retaining attorney assistance. An attorney or law firm with an office in the home country of the fiancee can be even more beneficial because the attorney can deal with the fiancee’s issues at the US Embassy in real time.

(Nothing Contained herein should be thought of as an appropriatealternative to personalized legal advice from a competent attorney. No attorney/client relationship should be assumed to have been created by merely reading this post.)

Tags: Fiance Visa Thailand, I-129f, I-129f Application, K-1 Visa, K-1 visa application, K1 visa application, US Visa Thailand, USCIS
Posted in Fiance Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | 1 Comment »

Consular Processing: Visa Interview Preparation for a Thai Fiancee or Wife

One unique aspect of practicing United States Immigration law abroad is the ability to assist a foreign loved one with the US Embassy in Bangkok. Currently, the US Embassy’s policy states that no one other than the Thai applicant may be present for the visa interview at the Embassy on the day of the interview (this included the US Citizen spouse or Fiancee). Due to the fact that the foreign loved one will go through the interview process alone, the services of an immigration attorney can be very beneficial in preparing the foreign fiancee or spouse for the interview and giving the fiancee or spouse prior notification of Embassy procedure and what to expect. Depending on the category of US visa (K-1, K-3, or CR-1) different thresholds of proof will be required with regard to the bona fides of the relationship.

Interview preparation can be vital in facilitating a successful outcome at the United States Embassy, particularly in situations where the Thai fiancee or spouse has difficulty communicating in the English language or becomes easily nervous when dealing with government officials. That being said, many of a Thai fiancee’s fears regarding the Embassy can be laid to rest by a competent lawyer who can explain the situation and dispel any rumors or myths that a fiancee or wife has heard.

Assistance with 221 g Responses

Embassy officials are hard working individuals and at the Consular Service Section they process a large number of cases each year. Therefore, in the interests of speed and efficiency where there is a deficiency of documentation the consular officer will likely issue a 221 g denial. In many cases, fiancees or wives believe this to be a denial of the visa application and that the denial is final. In point of fact: 221g’s are denials, but they are denials pending further documentation. Therefore, if an applicant can cure the deficiency, then the visa will likely be issued. This is where retaining an attorney can be of great use. Currently, the US Embassy in Bangkok gives licensed American attorneys the privilege of presenting 221 (g) documentation on behalf of a visa applicant (the Embassy will not deal with visa agents or unlicensed so-called “lawyers”). This can be of great advantage particularly to the fiancee or spouse who does not live in Bangkok. By using an immigration attorney, it is generally unnecessary for the fiancee or spouse to return to Bangkok after the initial interview (this is not always the case, because consular officers can request that applicants return for a follow-up interview, as a practical matter, this rarely, if ever, happens).

Inadmissibility and Waiver

In cases where there exists a legal ground of inadmissibility, retaining an attorney is highly advisable particularly at the pre-interview phase. The reason for this is the fact that an attorney can prepare the waiver application in anticipation of the denial on a ground of inadmissibility. An I-601 application could be filed at virtually the same moment of denial. This would save time because the attorney is on the ground in real time and could interact with both the Embassy and the USCIS district office.

For more information, please see: US visa Thailand

(Nothing contained herein is an adequate substitute for a personal legal consultation. No Attorney-Client Relationship should be deemed to exist between author and reader.)

Tags: American Embassy Bangkok, American Visa Thailand, Fiancee Visa Thailand, I-601 Waiver, K1 Visa Thailand, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand
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