Integrity Legal

Those who follow this website with any frequency may be aware of the fact that the administration of this web log routinely posts the processing times for the various service centers of the United States Citizenship and Immigration Service (USCIS) as a courtesy to the public at large. To quote directly from the official website of USCIS, USCIS.gov:

Readers are asked to bear in mind that the above cited estimations do not take into consideration processing at the National Visa Center. Furthermore, these estimates also do not take into consideration Consular Processing at a US Embassy, US Consulate, or American Institute abroad.

Tags: American Consulate, American Embassy, Consular Processing, CR-1 Visa, CR-1 Visa Processing Time, CR1 Visa, CR1 Visa Processing Time, IR-1 Visa, IR-1 Visa Processing Time, IR1 Visa, IR1 Visa Processing Time, K-1 Visa, K-1 Visa Processing Time, K-2 Visa, K-2 Visa Processing Time, K-3 Visa, K-3 Visa Processing Time, K1 Visa, K1 visa processing time, K2 Visa Processing Time, K3 Visa, K3 Visa processing time, K4 Visa Processing Time, National Visa Center, United States Citizenship and Immigration Service, US Consulate, US Embassy, USCIS, USCIS Processing Time, USCIS Processing Times
Posted in USCIS | No Comments »

It recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) has been noted by various media outlets for launching a new ad campaign to encourage those present in the United States as lawful permanent residents to naturalize to American Citizenship. In order to provide further insight into these developments it is best to quote directly from the website of China Daily, ChinaDaily.com.cn:

NEW YORK – The US Bureau of Citizenship and Immigration Services (USCIS) has launched its first ever paid ad campaign urging roughly 7.9 million green card holders to become naturalized citizens. The $3.5 million multilingual campaign will be used for three years and is part of an $11 million allotment from Congress meant to promote integration of immigrants. This year’s campaign in English, Spanish, Chinese, and Vietnamese will run in print, radio and digital formats between May 30 and Sept 5, primarily in states with large immigrant populations, such as California, New York, Florida and Texas. ”You’ve got to create that sense of urgency, and until they’ve reached that sense of urgency, they’ll just coast,” Nathan Stiefel, division chief of policy and programs for the Office of Citizenship at USCIS, told the Associated Press…

This blogger asks readers to click upon the relevant hyperlinks noted above to read this article in detail.

For those who are unfamiliar with matters pertaining to American immigration it should be noted that those who enter the United States of America on a CR-1 visa or an IR-1 visa are accorded lawful permanent residence (also colloquially referred to as Green Card status). After spending a specified period of time physically present in the United States it may be possible for an immigrant to naturalize to American citizenship. There are many benefits to be had by undergoing the naturalization process including, but not limited to: the right to vote, the right to a US Passport, as well as the various privileges and/or immunities of citizenship. Those interested in learning if they are eligible for such benefits are encouraged to contact a licensed American attorney.

In somewhat unrelated news, it recently came to this blogger’s attention that the government of Japan is apparently preparing to conduct tests on various nuclear facilities in that country. For further insight it is necessary to quote directly from the Channel News Asia website at ChannelNewsAsia.com:

TOKYO : Japan said Wednesday it will run “stress tests” on all its nuclear reactors in the wake of the Fukushima Daiichi accident sparked by the March 11 earthquake and tsunami disaster. The ongoing crisis, the world’s worst atomic accident since Chernobyl 25 years ago, has ignited debate in Japan about the safety of nuclear power, which before the disaster accounted for a third of its electricity needs. The centre-left government ordered a round of initial tests on the country’s other atomic power plants after the disaster, and said the new stress tests aimed to reassure the public that the facilities are safe…

The administration of this blog asks readers to click on the appropriate hyperlinks above to read this article in detail.

For those unfamiliar with the ongoing situation in Japan it should be noted that an Earthquake which occurred in March of this year resulted in a nuclear meltdown at the Fukushima facility noted above. This situation had tremendous ramifications for both the Asia-Pacific region and the Association of Southeast Asian Nations (ASEAN). As this tragic state of affairs continues to play out it is hoped that positive endeavors can mitigate some of the damage caused by this disaster. No doubt the Japanese citizenry remain in the hearts and minds of conscientious people the world over.

For related information please see: Certificate of Citizenship or Certificate of Naturalization.

Tags: American Citizenship, American Immigration, American Passport, ASEAN, Asia-Pacific, ASsociation of Southeast ASian Nations, California, Certificate of Citizenship, Certificate of Naturalization, Chernobyl, Chinese, CR-1 Visa, CR1 Visa, English, Florida, Fukushima, Fukushima Daiichi, Green Card, IR-1 Visa, IR1 Visa, Japan Earthquake, Japan news, Lawful Permanent Residence, Lawful Permanent Resident, March 11 earthquake, Naturalization, Naturalize, naturalized citizen, New York, privileges and immunities of United States Citizenship, privileges or immunities of United States Citizenship, Spanish, stress tests, Texas, United States Citizenship and Immigration Service, US Bureau of Citizenship and Immigration Services, US Citizenship, US Immigration, us passport, USCIS, USCIS Office of Citizenship, Vietnamese
Posted in US Citizenship, US Embassy Japan, USCIS | No Comments »

It recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) has implemented a new policy regarding the I-130 petition for visas such as the CR-1 visa and the IR-1 visa. To provide further insight it may be prudent to quote directly from the official website of the USCIS, USCIS.gov:

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced that effective Aug. 15, 2011, petitioners residing in countries without USCIS offices will be able to file a Petition for an Alien Relative (Form I-130), with the USCIS Chicago Lockbox facility. This will increase the efficiency of the relative petition filing process and give USCIS more flexibility in managing its workload. Previous regulations permitted these petitioners, who comprise about 5 percent of all I-130 petitioners, to file with USCIS or the U.S. Department of State at their local U.S. embassy or consulate. Under the new regulation, published today in the Federal Register, petitioners residing in countries without USCIS offices may file a Petition for an Alien Relative based on the addresses provided in the revised form instructions…

Clearly, this new policy could have significant ramifications for those seeking a United States visa on behalf of a foreign loved one. Concurrently, those familiar with the American visa process may note that this new policy effectively ends the Direct Consular Filing option for petitioners in certain Consular jurisdictions. In the past, it may have been possible for petitioners to file their visa petition directly with a US Embassy or US Consulate if the petitioner resided in the Consular District. These recent regulatory changes would appear to bring this era of Consular Processing to an end.

Meanwhile, in news related to Southeast Asia and the ASEAN (Association of Southeast Asian Nations) community, it appears that Malaysia is poised to engage in a Free Trade Agreement with India. To provide further insight into these developments it may be best to quote directly from the website MoneyControl.com:

The free trade agreement (FTA) between India and Malaysia will come into force from July 1, giving Indian professionals like accountants, engineers and doctors access to the key South-East Asian nation. In addition, exports of items of considerable interest to India, like basmati rice, mangoes, eggs, trucks, motorcycles and cotton garments, will attract lower or no duty in Malaysia with the implementation of the Comprehensive Economic Cooperation Agreement (CECA), according to a statement of the Commerce Ministry issued today…

The administration of this web log strongly encourages readers to click upon the relevant hyperlinks noted above to learn more on this developing story.

As nations in ASEAN, such as Malaysia, continue to become more integrated into broader markets it stands to reason that new trade arrangements will be forged. The ASEAN community (Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam) has been the topic of a great deal of recent discussion regarding future free trade agreements as many nations around the world try to make headway into this important and increasingly lucrative regional market.

For information related to legal services in ASEAN, please see: Legal.

Tags: American Consulate, American Embassy, American Visa Process, ASEAN, ASsociation of Southeast ASian Nations, Brunei Darussalam, Cambodia, CECA, Comprehensive Economic Cooperation Agreement, CR-1 Visa, CR1 Visa, Direct Consular Filing, Federal Register, Form I-130, Free Trade Agreement, FTA, I-130, India, Indonesia, IR-1 Visa, IR1 Visa, Laos, Malaysia, Malaysian Commerce Ministry, Myanmar, Petition for an Alien Relative, Philippines, Singapore, Thailand, U.S. Citizenship and Immigration Services, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Visa, US Visa Process, USCIS, USCIS Chicago Lockbox, Vietnam
Posted in ASEAN Business, CR1 Visa, IR1 Visa, Malaysia Business, US Embassy Kuala Lumpur, US Embassy Malaysia, USCIS | No Comments »

Those who read this blog with any frequency may have noticed that the administration routinely posts the estimated processing times from the United States Citizenship and Immigration Service (USCIS) as a courtesy to the public-at-large. To quote directly from the official website of the USCIS, USCIS.gov:

Readers may recall that the processing times noted above only pertain to the USCIS processing portion of the overall US visa process. Therefore, readers should not mistake the processing times noted above for the time it takes to actually acquire a visa. After a visa petition has been adjudicated by the officers at the USCIS, if approved, the case file is forwarded to the National Visa Center where it is then sent on to the US Embassy, American Institute, or US Consulate with appropriate Consular jurisdiction. This phase of the process is referred to as Consular Processing. Consular Processing can sometimes be quite quick while, in some cases, the process can be rather cumbersome if the facts of the case are extremely complex.

For related information please see: K1 Visa Thailand.

Tags: American Institute, American Visa Attorney, American Visa Burma, American Visa Cambodia, American Visa China, American Visa Hong Kong, American Visa India, American Visa Laos, American Visa Lawyer, American Visa Myanmar, American Visa Thailand, American Visa Vietnam, Consular Processing, K1 Visa Thailand, US Consulate, US Embassy, US Visa Attorney, US Visa Burma, US Visa Cambodia, US Visa China, US Visa Hong Kong, US Visa India, US Visa Indonesia, US Visa Japan, US Visa Korea, US Visa Laos, us visa lawyer, US Visa Macau, US Visa Malaysia, US Visa Myanmar, US Visa Philippines, US Visa Singapore, US Visa Sri Lanka, US Visa Taiwan, US Visa Thailand, US Visa Vietnam, USCIS, USCIS Processing Time, USCIS Processing Times
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In a previous posting on this blog the eligibility criteria for the EB-1 visa were briefly discussed. In that same vein, this blogger felt further elaboration on other Employment Based visa categories was warranted to provide insight to readers about issues associated with other employment based preference categories. The United States Citizenship and Immigration Service‘s (USCIS) official website posted an enlightening chart to provide an overall glimpse of the eligibility criteria which this blogger felt could be of interest to readers. To quote directly from the official website of the USCIS, USCIS.gov:

Readers are encouraged to conduct their own research into these issues as the chart above is merely presented to provide something of an overview regarding eligibility. The chart above should not be viewed as an exhaustive analysis of the issues at play in a EB-2 petition.

It should be noted that second preference Employment Based petitions are carefully scrutinized as issuance of such visas is intended for those foreign professionals holding an advanced degree or an alien national of “exceptional ability”. Therefore prospective visa seekers are encouraged to note the rather high standards by which those seeking this visa category will be compared during the adjudication process.

Those seeking the visa categorized as an EB-2 are well advised to remember that adjudication of a visa petition at the Department of Homeland Security‘s USCIS may be only one phase of the overall visa process as those residing outside of the United States may be required to undergo Consular Processing at a US Embassy or US Consulate abroad.

For readers who have happened upon this blog in the past, the mention of the “national interest waiver” may bring to mind the I-601 waiver or the I-212 waiver which could be argued to be somewhat similar. Another type of waiver that could be construed as similar to the “national interest waiver” is the waiver sometimes granted by USCIS to permit the filing of multiple petitions for a K1 visa within a relatively short period of time notwithstanding the provisions of the International Marriage Broker Regulation Act (IMBRA).

Frequent readers may recall that the EB-5 visa is also classified as an Employment Based Visa although the criteria for EB-5 visa issuance is different from those of the EB-2 most notably as the EB-5 visa petitioner must demonstrate that a substantial investment has been made in the United States in order to hope to attain eligibility for EB-5 visa status.

The United States visa process can be overwhelming at times and for this reason many opt to retain the assistance of counsel. That stated, when retaining the services of anyone purporting to be qualified to provide advice and/or assistance regarding immigration matters it may be prudent to ascertain credentials as, pursuant to relevant US law, only a licensed American attorney is permitted to take in client fees while engaged in the practice of United States immigration law.

For related information please see: Legal.

Tags: American Consulate, American Embassy, Consular Processing, Department of Homeland Security, EB-2 Visa, EB-5 Visa, EB2 Visa, EB5 Visa, Employment Based, Employment-Based Immigration: Second Preference EB-2, employment-based second preference visa, I-212 waiver, I-601 Waiver, I601 Waiver, IMBRA, IMBRA Waiver, International Marriage Broker Regulation Act, K-1 Visa, K-1 Visa Process, K1 Visa, national interest waiver, United States Citizenship and Immigration Service, US Consulate, US Embassy, USCIS
Posted in Department of Homeland Security, EB-2 Visa, EB5 Visa, I-601 Waiver, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, US Visa and Immigration, USCIS | No Comments »

It recently came to this blogger’s attention that there may be some geopolitical tensions arising in Asia in connection to issues associated with the use of water. To quote directly from a very insightful article apparently written by Santha Oorjitham of the New Straits Times and posted by chellaney on the blog Stagecraft and Statecraft:

[T]he lower Mekong states of Thailand, Cambodia, Laos, and Vietnam have a water treaty. India has water-sharing treaties with both the countries located downstream — Bangladesh and Pakistan. There are also water treaties between India and its two small upstream neighbours, Nepal and Bhutan. But China, the dominant riparian power of Asia, refuses to enter into water-sharing arrangements with any of its neighbours. Yet China enjoys an unrivalled global status as the source of trans-boundary river flows to the largest number of countries, ranging from Vietnam and Afghanistan to Russia and Kazakhstan…

The administration of this web log strongly encourages readers to click upon the relevant hyperlinks above in order to read more from this fascinating article. For readers who are unfamiliar with matters pertaining to Asia, particularly Southern Asia or Southeast Asia, it should be noted that water issues can be extremely important for Asian political actors and policy makers. Issues associated with water can have ramifications upon the economies, political institutions, and business environments in Asia and around the globe. As regional associations such as the Association of Southeast Asian Nations (ASEAN) and nations such as India and China begin to become increasingly important players on the international stage it stands to reason that water issues pertaining to Asia will be considered increasingly important by those seeking news and information about the area.

Meanwhile it also recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) is taking measures in an effort to transform that agency into a more electronic environment compared to the current primarily paper-based environment in which it now apparently finds itself. To quote directly from a USCIS Executive summary as posted upon the website ILW.com:

U.S. Citizenship and Immigration Services (USCIS or Agency) is undertaking an agency-wide effort to move immigration services from a paper-based model to an electronic environment. This effort is known as USCIS Transformation. Transformation will deliver a simplified, Web-based system for benefit seekers to submit and track their applications. The new system is account-centric and will provide customers with improved service. It will also enhance USCIS’s ability to process cases with greater precision, security, and timeliness. In March 2011, the Office of Transformation Coordination and the Office of Public Engagement hosted a series of listening sessions and webinars with participants representing customers, attorneys and community-based organizations (CBOs). The purpose of these listening sessions was to inform USCIS about the benefits and challenges of moving to an electronic environment…

Those interested in learning further about this transformation from the USCIS Executive Summary are well advised to click upon the relevant hyperlinks above to find out more.

This blogger is personally pleased to see the United States Citizenship and Immigration Service (USCIS), an agency under the jurisdiction of the Department of Homeland Security, taking measures to create a more efficient system for adjudication of immigration and visa related petitions or applications. Frequent readers of this blog may have taken note of the fact that USCIS is the initial adjudicator of petitions for the K-1 visa (US fiance visa) as well as the CR-1 visa (US Marriage Visa) and the IR-1 visa. Hopefully, USCIS’s transformation will result in more streamlined processing of the aforementioned petitions.

For related information please see: US-Thai Treaty of Amity or Consular Processing

Tags: Afghanistan, ASEAN, ASsociation of Southeast ASian Nations, Bangladesh, Cambodia, CR-1 visa USCIS, Department of Homeland Security, IR-1 visa USCIS, K-1 visa USCIS, Kazakhstan, Laos, Nepal, Office of Public Engagement, Office of Transformation Coordination, Pakistan, Riparian, Riparian Power in Asia, Russia, Thailand, United States Citizenship and Immigration Service, USCIS, USCIS Transformation, Vietnam, Water, Water Rights, water treaty, water-sharing treaties
Posted in ASEAN Business, Cambodia Business, China Business, CR1 Visa, India Business, IR1 Visa, K1 Visa, K2 Visa, Laos Business, Myanmar (Burma) Business, Russia Business, Thailand Business, US Consulate ChengDu, US Consulate Chennai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Vladivostok, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Islamabad, US Embassy Laos, US Embassy Nepal, US Embassy New Dehli, US Embassy Pakistan, US Embassy Phnom Phen, US Embassy Russia, US Embassy Vietnam, USCIS, Vietnam Business | No Comments »

There are many different visa categories statutorily designed for those wishing to work and/or invest in the United States of America. The very plethora of visa categories can make researching immigration issues somewhat confusing for the layman. One visa category that relatively few prospective visa seekers seem to understand is the Employment Based First Preference Visa Category, or to put it more succinctly: the EB-1 visa. The eligibility criteria for this visa category are somewhat stringent compared to other visa categories. To elucidate this fact it may be best to quote directly from and eligibility chart found by this blogger on the official website of United States Citizenship and Immigration Service (USCIS) at USCIS.gov:

Readers should be aware that the above citation is not intended to be utilized as an exhaustive tool for determining EB-1 visa eligibility, but the chart above does shed light upon some of the overall eligibility criteria which will likely be scrutinized during adjudication of a petition.

There are many factors which must be taken into consideration during the adjudication of an Employment Based visa petition. Frequent readers of this blog may recall that there is another visa category classified as EB that is sometimes discussed within these pages. That specific visa is the EB-5 visa which was designed for prospective immigrants wishing to come to the United States to make a substantial investment in the American economy. In the case of the EB-1 visa, the prospective visa holder would be asked to make an investment of sorts in that their extraordinary abilities would be invested in the United States as a likely consequence of issuance of a United States travel document which grants lawful permanent residence to the bearer upon lawful admission to the US by officers of the United States Customs and Border Protection Service (USCBP).

Readers should be aware that often USCIS adjudication is not the only phase of the EB visa process as Consular Processing at a US Embassy or US Consulate abroad may also be required depending upon the unique circumstances of a given case.

For Information Related To Family Based Visa Petitions Please See: US Visa Thailand.

Tags: American Consulate, American Embassy, Consular Processing, EB-1 visa, EB-5 Visa, EB1 visa, EB5 Visa, Employment Based First Preference Visa Category, Employment Visa USA, Employment-Based Immigration: First Preference EB-1, Green Card, Lawful Permanent Residence, Lawful Permanent Resident, United States Citizenship and Immigration Service, United States Customs and Border Protection, US Consulate, US Embassy, US Employment Based Visa, USA Employment Visa, USCBP, USCIS
Posted in EB-1 Visa, EB5 Visa, USCIS | No Comments »

Those who read this blog with any frequency may have taken note of the fact that the administration routinely posts the estimated processing times of the United States Citizenship and Immigration Service (USCIS) for the various relevant visa categories. To quote directly from the official website of USCIS:

Those researching American family based visas such as the K-1 visa and the IR-1 visa are asked to note that the estimated processing times noted above do not include the processing time for the National Visa Center (NVC) and the consular processing times for each US Embassy or US Consulate abroad.

For related information please see: US Visa Thailand.

Tags: advance parole, CR-1 Visa, CR-1 Visa Process, EB-5 Visa, Employment Authorization Document, IR-1 Visa Process, K-1 Visa, K-1 Visa Process, K-3 Visa, K-3 visa process, L-1 visa, United States Citizenship and Immigration Service, USCIS, USCIS Processing Time, USCIS Processing Times
Posted in USCIS | No Comments »

It recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) has recently updated some of the information with regard to that agency’s official fact sheet pertaining to I-864 affidavits of support. To quote directly from the official website of USCIS:

In determining inadmissibility, USCIS defines “public charge”as an individual who is likely to become “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.” See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). In determining whether an alien meets this definition for public charge inadmissibility, a number of factors are considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor, other than the lack of an affidavit of support, if required, will determine whether an individual is a public charge.

Those reading this blog are encouraged to click on the hyperlinks above to read more and gain insight into the issues associated with the I-864 affidavit of support.

It should be noted that the issues associated with the I-864 affidavit of support are significant and should not be overlooked by those seeking immigration benefits. Furthermore, the issues associated with the I-864 affidavit of support pertain not only to USCIS in the United States, but also impact the Consular processing phase of U.S. Immigration process for those who are seeking United States immigrant visas, such as the IR-1 visa and the CR-1 visa, abroad. Meanwhile, seekers of visas such as the K-1 visa (for fiancees of US Citizens) must submit a similar document to a US Embassy or US Consulate abroad in the form of an I-134 affidavit of support. Bearing this in mind, the reader should take note of the fact that the issues surrounding the I-864 affidavit of support are likely to come to the forefront for K-1 visa holders when they eventually apply for adjustment of status to lawful permanent residence.

There was an interesting notation on the aforementioned website:

Note: In general, lawful permanent residents who currently possess a “green card” cannot be denied U.S. citizenship for lawfully receiving any public benefits for which they are eligible.

The reader is encouraged to bear in mind the fact that the above quotation is speaking in generalities, but the issue of naturalization in the context of the affidavit of support may be of interest to Americans thinking about bringing a loved one to the USA. The reason that Americans may find the issue of naturalization interesting when discussing family immigration stems from the fact that upon a foreign spouse’s naturalization to US Citizenship, the encumbrances placed upon the American Citizen within the provisions of the affidavit of support are extinguished as upon becoming a United States Citizen a previous foreign national becomes eligible in their own right for government benefits (where applicable). Therefore, the previous sponsor(s) are no long liable to the United States government should the newly-naturalized citizen take government benefits.

For related information please see: Certificate of Citizenship or Child Citizenship Act.

Tags: Adjustment of Status, American Citizenship, American Fiance Visa, American Marriage Visa, Certificate of Citizenship, Child Citizenship Act, CR-1 Visa, I-134, I-134 affidavit of support, I-864, I-864 affidavit of support, Inadmissibility, IR-1 Visa, K-1 Visa, Naturalization, Naturalized US Citizen, Public Charge, United States Citizenship and Immigration Service, US Citizenship, US Fiance Visa, US Marriage Visa, US Visa, USCIS
Posted in US Visa and Immigration, USCIS | No Comments »

It recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) has issued a new memorandum regarding the revocation of United States Passports by the United States Department of State. In order to better shed light upon this issue it may be best to quote directly from the interim USCIS memorandum itself:

DOS has authority to issue and revoke passports. Specifically, 22 U.S. Code (U.S.C.) 211a authorizes the Secretary of State and his or her designee (the U.S. Passport Office of the Bureau of Consular Affairs) to grant, issue, and verify passports. Through Executive Order No. 11295, 31 Fed. Reg. 10603, the President designated and empowered the Secretary of State with the authority to designate and prescribe the rules governing the granting, issuing, and verifying of passports.
DOS revokes passports in accordance with Title 22 of the Code of Federal Regulations (CFR) sections 51.60-62, and 51.65. There are also several statutes under which passports may be revoked and that are incorporated into DOS’s regulations, including: 8 U.S.C. 1504 (the passport was illegally, fraudulently or erroneously obtained); 42 U.S.C. 652(k) (for non-payment of child support); 22 U.S.C. 2714 (for certain drug traffickers); 22 U.S.C. 2671(d)(3) (non-repayment of repatriation loan); and 22 U.S.C. 212a (adds authority to revoke passports of persons convicted of sex tourism). The regulations also require DOS to send written notification of the revocation of a passport to the bearer. See 22 CFR 51.65(a).

Clearly, as can be ascertained from the above citation, the Department of State is authorized to issue and revoke United States Passports. This can be of acute concern to those abroad with an outstanding warrant in the United States as Department of State officials routinely rescind passports upon finding that an American Citizen has a pending criminal warrant, fugitive warrant, or even a warrant in connection to domestic matters such as failure to pay American child support. Once a passport is revoked, an American may be issued a travel letter for the specific purpose of returning to the United States of America. For those unfamiliar with so-called travel letters it may be best to quote directly from the Foreign Affairs Manual:

Posts should issue travel letters only in rare or unusual circumstances described in this Appendix, where it is impossible to issue a passport. These circumstances include: (1) Law enforcement related travel letters in situations other than extradition. Such travel letters must be expressly authorized by CA/PPT/L/LA, which works with the U.S. law enforcement authority on matters related to revocation of the passport of the subject of an outstanding federal warrant. (See 7 FAM 1380 Passport Denial, Revocation, Restriction, Limitation and Surrender.)

Clearly, the Department of State only issues travel letters under rare circumstances, but US Passport revocation and travel letter issuance can occur especially in the context of Federal warrants. That said, the authority reserved to the Department of State regarding passport issuance and revocation would appear not to extend to the Department of Homeland Security‘s USCIS. To quote further from the USCIS memo cited above:

USCIS lacks the authority to revoke or confiscate a U.S. Passport. If reasons to doubt the validity of a passport come to the attention of USCIS, USCIS will not seize the passport, instruct the bearer to return the passport to DOS, or otherwise notify the bearer that there may be issues with the passport…In recent months, USCIS employees have on occasion informed customers that their U.S. Passports were invalid and should be surrendered to DOS. Upon review of certain cases, DOS determined that the passports were, in fact, valid and recognized in accordance with DOS policies and statutes. DOS has requested that USCIS direct any concerns regarding the validity of passports to DOS and not to the bearer of the passport.

It would seem from the quotation above as though the Department of State is in the best position to make a decision regarding the validity of a US Passport as such matters are within that Department’s bailiwick. As noted in the the US visa process, some matters pertaining to travel and immigration are bifurcated between the USCIS and the Department of State. Based upon the above memorandum and the Foreign Affairs Manual it would appear that Passport issues remain almost entirely within the Department of State’s mandate.

For related information please see: Arrest Warrant or Federal Warrant.

Tags: American warrant, arrest warrant, Bench Warrant, criminal warrant, Department of Homeland Security, Department of State, Department of State Passport, Federal Warrant, Foreign Affairs Manual, Fugitive Warrant, Fugitive Warrant Thailand, Passport Revocation, Travel Letter, United States Citizenship and Immigration Service, US Fugitive Warrant, us passport, US Travel Letter, US warrant, USCIS, warrant
Posted in USCIS | No Comments »