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Archive for the ‘US Visa Thailand’ Category
20th April 2009
US Visa Denied: Information about Fiance or Marriage Visa Denial
Posted by : admin
No one wishes to go through the stress of a visa denial. Unfortunately, US Visa denials are a semi-routine procedure at the US Embassy in Bangkok Thailand. For the most part, US Family Visas (Fiance and Marriage) are denied less often in comparison to employment, business, and tourist visas. That being said, denials do occur and information regarding visa denials can be rather scarce. Also troublesome is the prevailing idea, promulgated through some unethical advertisers, that US visa outcomes can be “guaranteed,” the fact of the matter is: no outcome with regard to immigration can ever be 100% guaranteed. US Immigration law, like any other legal field, can be uncertain. This being said, proper legal advice from an American attorney experienced in US Immigration law could make a difference when it comes to obtaining a positive outcome in a US visa case.
US Visa Denial: Why is the US visa being denied by the Consular Officer?
One of the first determinations that should be made regarding a visa denial is whether the decision from the consular officer is final or whether there is a discrepancy that can be dealt with by presenting more information to the US Embassy. Family Visas like the US Fiance visa and the US Marriage visas will usually have different reasons for denial than an American tourist/business visa.
Tourist Visa Denials
With regard to denials of the US tourist visa, under section 214 (b) of the American Immigration and Nationality Act there is a presumption of “immigrant intent,” that must be overcome in the consular officer’s judgment in order for a US visitor visa to be granted. If the consular officer does not believe that the applicant for a US visitor visa has provided enough evidence to overcome this presumption then the officer will not grant the visa. If denied one is entitled to refile and have a new interview, but where there is no material change of situation, it is unlikely that a tourist visa will be granted.
221 G Refusals
In the case of US family immigration from Thailand, a very common visa denial is the 221 g refusal. A 221 g is not a denial so much as a refusal to approve a visa application due to a lack of evidence. When a consular officer issues a 221 g they do so by giving the applicant a form with a checklist of things the applicant needs to produce in order for the visa to be approved. Sometimes the necessary items are difficult to obtain and therefore, at least in Thailand, it may be necessary to obtain a Bangkok Lawyer licensed in the US with experience in immigration law. Sometimes the 221 g requires documentation that is easy to obtain and therefore professional assistance is not necessary.
Visa Denial Based Upon Grounds of Inadmissibility
The Grounds of Inadmissibility are the statutorily created reasons for visa denial as stipulated in the US Immigration and Nationality Act. Most of the Grounds of inadmissibility can be waived by filing an I-601 application for Waiver of the Grounds of Inadmissibility at USCIS. After the visa interview a consular officer will asses the application and make a decision whether or not to grant the visa. Should the visa be denied, then the officer will cite the reason for denial and the ground of inadmissibility, if there is a grounds. For an inadmissibility waiver for a Thai applicant, the waiver application should be filed at USCIS in Thailand. There are different factual and legal requirements applicants must meet depending upon the ground of inadmissibility one is seeking to have waived. It is probably advisable to have a US Immigration attorney advise those clients that have an issue that needs to be waived.
Note: None of the above information should be used in lieu of actual individualized legal advice from a licensed US attorney in the reader’s jurisdiction
18th April 2009
The Affidavit of Support for US Visas from Thailand
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The affidavit of support is used to prove that an American Citizen can support a Thai fiancee or wife in the USA. Although the form is issued by USCIS, it is presented at the Thai fiancee or spouse’s interview at the American Embassy in Bangkok Thailand. The type of visa one wishes to obtain will make the difference in the type of Affidavit of Support that will be necessary to show the US Citizen petitioner’s ability to support a Thai fiancee or wife in the United States.
The I-134 and I-864 affidavit of support to Prove Financial ability for US Visa Sponsorship
There are two affidavit forms used in US Family Immigration matters that are used to prove that a US citizen is indeed capable of sponsoring his loved one at the statutorily prescribed levels. The I-134 and the I-864 are the two different affidavit forms and their use with regard to visa category depends upon the situation and the visa being sought.
Financial Requirements
Currently, for the I-864 affidavit of support, the US Citizen must show that he or she can support his Thai fiancee or spouse at a level equal to 125% of the Federal poverty guidelines (as calculated by Housing and Human Services) for the year in which the visa is being sought.
The Binding Effect of the I-864 affidavit of Support upon a US Citizen
Some US Citizens are interested in how binding their financial commitments are with regard to the I-864 affidavit of Support. There is some case law that has allowed US Permanent Resident former spouse of US Citizens the right to collect money from the US Citizen spouse based upon the finding that the Permanent Resident is the third-party beneficiary of an agreement between the United States government and the US Citizen. Also, the US Citizen will be liable to the US government for the relevant costs should the Permanent Resident spouse become a public charge.
Proving Financial Ability and Obtaining Assistance with the Affidavit of Support
Generally, a US Citizen’s ability to support a fiancee or spouse is proven by presenting evidence showing the US Citizen’s income is above the statutorily mandated 125% of the poverty guidelines. Proving the financial ability to support a fiancee can be somewhat difficult if the US Citizen’s income does not meet the 125% requirement. Using assets to prove financial ability is one method, while many people opt to simply utilize a joint sponsor in order to meet the financial requirements. Joint sponsorship is a popular method of overcoming affidavit of support issues.
Note: Nothing in the post should be used in lieu of legal advice from a licensed US attorney with Immigration experience.
For More US Immigration Information Please see:
16th April 2009
US Visa & Immigration Definitions
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One of the more confusing aspects of US Immigration from the perspective of laypeople is deciphering all of the legalese that US Immigration attorneys use when writing about US visas. To clear up some of the confusion, this post defines some of the most used jargon so that the average reader researching American Immigration can better understand the subject matter.
USCIS: The Acronym for the United States Citizenship and Immigration Service. The government entity formerly known as the INS (Immigration and Naturalization Service). USCIS is the office that adjudicates petitions for immigration benefits.
K1 Visa: The K1 Visa is a Fiance Visa in that it allows the unmarried fiance of a US Citizen entry into the United States for 90 days for the sole purpose of marrying the US Citizen (who filed the petition for the visa) and adjusting status in the United States.
I-129f: The K1 visa application filed and adjudicated at a USCIS service center.
Immigrant Visas: Visas that confer permanent residence upon entry (in the context of this blog this term is used interchangeably with the terms IR-1 and CR-1)
IR-1 Visa: a visa that confers permanent residence upon entry to the USA of an immediate relative of a US Citizen (for the purpose of this blog the IR-1 is generally used to refer to a visa for Thai-American married couples who have been married for more than 2 years.)
CR-1 Visa: Conditional Resident Visa, a visa that confers conditional permanent residence to the visa holder (for the purposes of this blog this term is generally used for marriage visas in which the underlying marriage has lasted less than 2 years in duration).
I-130 petition: the application form for obtaining an Immigrant Visa. It is filed and adjudicated at USCIS.
K-3 Visa: a K-3 Visa is a non-immigrant marriage visa originally designed as an expedited marriage visa when the I-130 petition was taking as long as 3 years to process. It requires a dual filing, and underlying I-130 petition as well as a subsequent I-129f petition in order to obtain the expedited visa.
Direct Consular Filing: refers to the method of directly filing a visa petition with a consulate or Embassy in a foreign country. Sometimes the term “Direct Consular Filing” is used interchangeably with the term “local filing.”
Local Filing: Generally, for the purposes of this blog this term is used when describing the method of filing an immigration petition at the USCIS district office overseas (Specifically the USCIS Bangkok District Office).
Adjustment of Status: Adjustment of status or AOS is the procedure of converting a non-immigrant visa holder into Lawful permanent residence (Green Card holder).
Advance Parole: An immigration travel document that allows an alien, with an adjustment of status application pending, to leave the USA and still keep their status from being canceled upon departure from the USA. Advance parole is necessary where a fiance has entered the United States on a K1 Visa and subsequently leaves before an adjustment of status is complete.
Green Card: A colloquial term for the document proving lawful permanent residence.
United States: According to the Immigration and Nationality Act of the United States, the definition of United States, “when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.“
Reentry Permit: A permit needed for a Lawful Permanent Resident who wishes to remain outside of the USA for a prolonged period of time. The reentry permit is necessary in order to mitigate against the presumption of abandonment of adjustment of status when a permanent resident leaves the United States.
I-134 affidavit of support: the affidavit of support necessary for the K1 Fiance visa, this affidavit shows that the US Citizen will be able to support the fiancee at the statutorily prescribed level.
I-864 affidavit of support: the affidavit of support used in conjunction with the Immigrant Visas for showing that a US Citizen can support his wife at the statutorily prescribed level.
Joint Sponsor: A person who jointly sponsors a visa beneficiary should the US Citizen petitioner not meet the statutory requirements to sponsor a beneficiary on his own.
For more information on US Visas Generally please see USA Visa Thailand
Note: None of the above should be used in lieu of legal advice from a competent licensed attorney in the readers jurisdiction
13th April 2009
US Visa Thailand: Reentry Permits For Thai Holding US Green Card
Posted by : admin

After a Thai Fiancee or Wife obtains lawful permanent residence (Green Card), it becomes necessary to keep this status preserved. Residence is “permanent” so long as the Thai Spouse complies with the rules inherent to permanent residence. One way that a Thai Wife may lose her lawful permanent resident status is if she spends long intervals of time in a country outside of the United States. Too much time spent outside of the United States can be construed as an intention to abandon one’s permanent residence (Green Card). Since 9/11, United States immigration officers have started to highly analyze the amount of time a permanent resident spends outside of the United States. Even more than simply examining how much time one spends outside of the country, Immigration Officers now scrutinize the underlying reason for traveling at all. For this reason, preparations should be undertaken in advance if it is possible that a Permanent Resident will travel outside of the USA for a period of six months or more.
What is the Effect of Abandoning Permanent Residence?
There is no uniform rule that immigration officers utilize in determining if a Thai wife has abandoned her lawful permanent resident status. A Thai Wife’s “green card” can be employed as a legal entry permit if she has not been out of the United States for more than a year. That being said, simply going to the United once a year is definitely not sufficient to maintain a Thai Wife’s permanent resident status. Failure to be present in the United States for a period of six months or more raises the legal presumption that the immigrant has abandoned their U.S. residence. There are other aspects that will be looked at when deciding if an alien has abandoned their status: does the immigrant intend to depart the United States subsequent to the arrival at issue; does the international travel have a specified purpose and an ultimate end date; does the permanent resident pay taxes in the U.S. ; and does the resident have strong ties to the US: job, property, and other indicia of residence (e.g., driver’s license, bank accounts and credit cards, and active participation in the community).
When arriving in the USA after remaining outside of the country for a long period of time the resident should provide as much of the above evidence as possible and also be prepared to explain the reason for their absence from the United States. Someone who is unable to persuade the immigration officer that they have not abandoned their residence could be placed into removal proceedings and have their green card revoked pending the verdict in those proceedings. This situation could take many months to remedy if the situation can be remedied at all.
What is a Reentry Permit and What Benefit Does it Confer?
Reentry permits are similar to advance parole with regard to the fiance visa. Immigration officers at the port of entry are more inclined to respect those holding a Reentry Permit. By going through the application and obtainment process for a Reentry Permit, the Thai Permanent Resident in the USA is putting the U.S. Government on notice that it is a possibility that they will not be present in the United States for a duration of up to two years, and that they do not have any intention of abandoning their residence in the United States. The Reentry Permit application must be made while in the United States and even though it is not a necessity to wait in the USA for the permit’s issuance, the biometric scan is necessary and currently takes approximately 6-8 weeks to get an appointment after the application is filed.
For more information please see US Visa Thailand
6th April 2009
The US B2 Tourist Visa
Posted by : admin
The B-2 Tourist Visa is designed to allow the bearer entry into the USA for the sole purpose of visiting for short time leisure or entertainment. The Tourist Visa for a Fiancee or Spouse is generally not advisable because it is likely that a Thai applicant for a Tourist Visa (in a relationship with an American) will be turned down due to a failure to overcome the presumption of immigrant intent made by the consular officer adjudicating the visa application. As a US Visa Lawyer I generally advise against the tourist visa unless the applicant truly fits the statutory elements requisite to obtain this travel document.
The Presumption of Immigrant Intent and the US Tourist Visa
Under Section 214(b) of the United States Immigration and Nationality Act (INA) there is a legal presumption that all applicants for non-immigrant visas (such as US B2 tourist visas and F-1 student visas) are actually “intending immigrants”. To put this another way, there is a legal presumption that a non-immigrant visa applicant intends to overstay in the United States in violation of the restrictions inherent to the visa. Therefore, the burden of proof is placed upon the applicant to establish that they will depart from the US at the conclusion of their stay in the USA. To overcome the presumption of immigration the applicant must prove through quantifiable evidence that they posses strong ties to their mother country (in this case Thailand) and weak ties to the United States. In the best case scenario these strong ties to Thailand should show that the applicant is essentially required to leave the United States and return to Thailand at the end of their proposed trip.
This presumption becomes a major issue where a Thai-American couple wishes to obtain a US Tourist Visa for the Thai National in order to visit the USA. As stated above a “strong tie” such as having an American partner in a relationship could result in denial because there can be a plausible inference that the Thai may go to the United States and never return because they will remain in the United States with their loved one.
Visa Fraud Using the US Tourist Visa
Another issue that comes up with regard to US Tourist Visas for Thais is the issue of visa fraud and adjustment of status once present in the USA. It is technically visa fraud to enter the US on a Tourist Visa with intent to marry an American and adjust status. Many applicants in the past used the Tourist visa as an expedited alternative to the usual channels for US Family Immigration (K1 Visa and the US Marriage Visa) . In a way, this past practice has resulted in heightened scrutiny on the part of the consular officers adjudicating B2 applications. The upshot of this heightened scrutiny seems to be a higher rate of rejection of those applicants for a Tourist Visa who have an American loved one (specifically, boyfriend, spouse, or fiancee, although the author cannot speak about those applicants who have other American relatives).
4th April 2009
Packet 3 at the US Embassy in Bangkok Thailand
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Many people become concerned when it becomes time to prepare for the visa interview at the US Embassy in Thailand. Since the US Visa obtainment process can be a true, “hurry up and wait” game there are sudden flurries of activity followed by lulls of inaction. Packet 3 can be a stressful time for the Thai-American couple because it requires a great deal of document gathering and compilation. This is difficult for Americans gathering documentation, but for a Thai fiancee or spouse it can be nearly overwhelming. In some cases, people opt to hire a US visa lawyer in Thailand, but some opt to compile the necessary documentation on their own. Whichever path is taken, this post will shed some light upon what packet 3 is and what needs to be done to fulfill the packet 3 requirements before the Visa interview at American Embassy in Thailand.
What is Packet 3?
Packet 3 is the list of documentation and instructions for the visa interview at the US Embassy. Non-Immigrant Visa Applicants (K1 Visa and K3 Visa) will receive packet 3 from the Embassy in Thailand. Immigrant Visa applicants (CR-1 and IR-1 Visas) will receive packet 3 from the National Visa Center rather than the US Embassy in Bangkok. The National Visa Center conducts a more extensive background check on immigrant visa applicants due to the fact that an immigrant visa confers permanent residence upon entry into the USA.
Some of the documentation can be difficult to obtain. This is especially the case in situations in which the applicant is registered on a Tabien Baan in a province far from Bangkok and must obtain documentation from the Amphur in his or her home amphur office. Name change certificates are one of the most sought after pieces of documentation that is difficult to obtain because they must be obtained from the Amphur and Thais tend to change their names far more often than Americans due to the fact that name change is a much less difficult endeavor for Thais.
Having an attorney with knowledge regarding the US Immigration process can be extremely helpful for getting a jump-start on the packet 3 process. Having foreknowledge of what documents are needed for packet 3 can greatly speed up the process because one can inform the Thai applicant as to what is needed beforehand and thus prepare accordingly.
For more in depth instructions regarding packet 3 click here
Please note: nothing in this post should be taken in lieu of competent advice from an attorney and no decisions regarding any aspect of US Immigration should be made without extensive research and thoughtful calculation.
2nd April 2009
US Visa Thailand: Derivative Visas for Children of Thai Spouses
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US Visa for a Thai Fiance or Spouse’s Child
An often asked question regarding US Immigration from Thailand is: how do I bring my Thai fiancee or wife’s Thai child with us to the USA. The answer to this question depends upon what type of visa is being sought. Each Family Visa category has a derivative visa counterpart. Therefore, the K1 Fiancee Visa has the K2 child Visa, the K3 has the K4 Child Visa, the Cr-1 has the Cr-2 for a Thai child, and the IR-1 has the IR-2 Child Visa. All derivative visa applications must be filed with the appropriate office of USCIS.
Conditions and Validity of a US Visa for a Thai Child
These derivative visas have the same conditions and validity as the underlying visa upon which they are based. Therefore in the case of the K-2 and K-4 Visa the visas are non-immigrant visas and therefore require adjustment of status before the beneficiary will obtain lawful permanent residence in the USA. It should be noted that failure to file for adjustment of status for the derivative visa could lead to the Thai child falling out of status in the USA. This could occur if the US Citizen spouse and the Thai mother of the Thai child file for adjustment of status, but, for whatever reason, fail to file on behalf of the child. The moment that the mother’s application for adjustment is approved the Thai child’s application is dead because the underlying visa has been canceled as a result of the status adjustment.
The CR-2 and IR-2 visas do not have this problem because they are immigrant visas and therefore adjustment of status is not a necessity once the visa holders arrive in the USA. However, with regards to the CR-2 Visa, since the underlying CR-1 Visa confers conditional permanent residence a filing for a lift of conditions is required for the CR-2.
Thai Children at the Visa Interview at the US Embassy in Bangkok, Thailand
Thai Child Immigrant’s presence will generally be required at the Visa interview at the US Embassy in Thailand. Although their presence is requested they may or may not be interviewed. To file for a derivative visa a concurrent visa filing must be submitted at the time of submitting the underlying visa petition.
In some cases, the Thai mother wishes to wait to bring the child to the USA until after the wedding or until after the move to the USA. In a case such as this, after the marriage or the arrival of the Thai wife in the US, the American Citizen spouse may file a visa petition for the Thai child as a step-child or the Thai mother may file a visa petition on behalf of the child as a minor child of a lawful permanent resident (if the situation fits these facts). Generally, it is advisable to file the child visa petition concurrently with the underlying petition if speed is an issue.
For more information Please See: US Visa Thailand
Note: Nothing in this post should be used in lieu of competent advice from a licensed attorney in your jurisdiction.
29th March 2009
The Visa Journey: K1, K3, CR1, & IR1 Family Visas from Thailand
Posted by : admin
The process of obtaining a US Visa from Thailand can be frustrating for some due to the fact that a great deal of both US and Thai government documents are necessary in order to obtain most American Visas. We will briefly discuss the time line for obtaining the US K1 Fiance Visa, K3 Marriage Visa, Conditional Resident Visa, and the Immediate Relative Visa based upon marriage. The Visa Journey can be a long process and many phases of it are “hurry up and wait,” in that there are long lulls in the process followed by burst of extreme activity where time is of the essence for meeting deadlines and getting an interview appointment.
The K1 Visa
The first step in the K1 Visa process is the filing of an I-129f fiancee visa application. This application is basically designed to confirm that the petitioner is indeed a US Citizen entitled to marry and has no criminal or immigration record that would conflict ith the provisions of the IMBRA. The USCIS will issue Notice of Action 1 which basically is an official receipt from the Immigration Service that they have obtained and will review the Petition. Should USCIS need more documentation, then they will issue an RFE (Request for Evidence), in this request they will explain what information is lacking and how the petitioner can prove up the petition.
After USCIS has adjudicated the petition, if they approve it, they will issue Notice of Action 2. This Notice informs the petitioner of the fact that the petition has been approved and it will be forwarded to the NVC (National Visa Center). The NVC will process the application and forward it to the correct Embassy for a Visa interview and adjudication by a consular officer.
At the interview the consular officer will review the petitioner’s I-134 Affidavit of Support as well as the Beneficiary’s documentation. Should the Consular officer request more information, then a 221(g) will be issued and the applicant will have 1 year to respond with the proper documentation. Upon approval the K1 Visa will be issued and the Beneficiary will need to enter the USA before the Visa expires.
Once the beneficiary enters the United States on a K1 Visa, she will have 90 days to get married and file for adjustment of status. If adjustment of status is approved then the beneficiary will be a lawful conditional permanent resident. After 2 years of lawful conditional permanent residence, the beneficiary withe the help of the US Citizen spouse will need to file for a lift of the conditionality of her visa. Once the conditions have been lifted then the beneficiary will be a lawful permanent resident of the Us without conditions.
Should the beneficiary wish to leave the USA while in K1 Status, then she would need to obtain advance parole. If she wishes to depart while in Lawful Permanent Resident Status, then it would be prudent to apply for and obtain a reentry permit.
IR-1 & CR-1 Visas based Upon Marriage
For either an IR-1 (Immediate Relative Visa) or CR-1 (Conditional Resident Visa), the same petition, the I-130, must be filed. At the time of the writing, USCIS is estimating that it takes approximately 6 months to adjudicate an I-130 petition. the process at USCIS is much the same in that both Notice of Action 1 & 2 will be issued and the file will be forwarded to the National Visa Center. Once there, it will undergo increased scrutiny than in the case of the K1 Visa and it generally takes longer for the file to be processed at NVC with an I-130 petition.
After it is processed by the NVC, it will be forwarded to the US Embassy in Bangkok, where the beneficiary must go through an interview before being granted a visa. Upon granting of the visa, the beneficiary will travel to the USA and upon entry will either be granted conditional permanent residence or lawful permanent residence without conditions. an IR-1 Visa confer permanent residence without conditions, but in order to qualify for this visa the couple must have been married for at least 2 years when the file the I-130 petition.
The K3 Marriage Visa
The K3 Visa was designed as an expedited marriage at a time when I-130 petitions were processing extermely slowly. At the time of this writing, the K3 Visa is currently processing at roughly the same rate as the I-130 petition. It is likely that filing a K3 petition will save the couple 6-8 weeks in visa processing. The major downside of the K3 is the fact that it does not confer the right to work in the USA, nor does it confer permanent residence upon entry. Adjustment of Status is necessary if a K3 holder wishes to become a permanent resident.
The K3 is a doubly filed visa petition in that one first files an I-130 petition and then an I-129f petition in order to obtain the K3 Visa. All aspects of the process are basically the same as mentioned above except for the fact that the 2 petitions are filed simultaneously and in this instance the I-129f petition is filed on behalf of a spouse rather than a fiancee.
Visas for Children of Prospective Immigrants
The Visa Journey for child immigrants is similar to that of their adult counterparts. Derivative Visas can be obtained for the children of K1 Visa seekers, K3 Visa Seekers and Immigrant Visas. In instances where a visa for a child is sought, the child will generally adjust status with their parent in order to become a permanent resident.
29th March 2009
A 221 (G) Refusal from the US Embassy in Bangkok, Thailand
Posted by : admin
There is some confusion about 221 (g) refusals for US Visas from Thailand. A 221 (g) request is a refusal to grant a US Visa without further evidence. When the Consular Officers are deciding whether to issue a US Visa (for our purposes we will look at it from the context of K1 Fiance Visas, K3, or CR1 Marriage Visas) they are essentially performing a due diligence search in order to ensure that the applicant is who they say they are and are traveling to the USA for a valid purpose (in this case the reason for traveling is a family relationship to the US petitioner).
Some couples become quite distraght when a 221 (g) is issued and it can be quite inconvenient particularly in instances where the applicant is originally from a distant area of Thailand. This can be especially troublesome if the applicant’s household registration (tabien baan) is in a distant locale and it is difficult for them to travel there. Often documents are required from the local amphur office in th disrict where the applicant’s household registration exists. Although it may be a routine matter for the Embassy to issue these type of requests, it can be a major endeavor for the Thai applicant to obtain the necessary documentation.
221 (g) refusals generally allow the applicant one year to obtain the requested documentation before the Embassy will destroy the file. Failure to respond to the request for evidence could result in the underlying petition being cancelled and the process to begin anew.
To avoid 221 (g) refusals it may be wise to enlist assistance of an immigration attorney in an effort to forestall a 221 (g) denial. It should be noted that even with assistance of counsel a 221 (g) refusal may still be issued and further documentation needed. Consular Officers have wide discretion as per the doctrine of consular absolutism and therefore requests for further documentation should be taken seriously and responded to in a timely manner.
The hiring of a lawyer is an important decision that should not be based solely on advertisement. Before you decide, ask us to send you free written information about our qualifications and experience. The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
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