Integrity Legal

This posting discusses the issues associated with retaining an American attorney to assist with the K-1 visa process. Those thinking about retaining assistance in the K-1 visa process are well advised to conduct thorough research prior to making any irrevocable decisions.

The K-1 visa is a non-immigrant US fiance visa which was intended to be used solely by the foreign fiances of American Citizens. The K-1 visa allows the foreign fiancee of an American Citizen to enter the United States for a period of 90 days of the purpose of marriage. Those who do not marry their American fiance after 90 days in the USA will be required to depart from the USA. Readers should bear in mind that the entrant to the United States on a K-1 visa who marries their loved one must undergo the adjustment of status process in order to gain lawful permanent residence in the U.S.A.

The purpose of this article is to provide insight to Americans about the perils of dealing with non-licensed individuals who purport to be qualified to practice United States Immigration law (or any American law, for that matter) . Pursuant to 8 CFR 292.1 only a qualified lawyer licensed to practice law in at least one U.S. State or Federal jurisdiction is entitled to engage in the receiving of client fees in connection with the practice of United States immigration law. Therefore, those not so qualified must either fit within a narrow exception to the aforementioned rule lest their behavior be deemed to be illegal. It should be noted that attorney-client confidentiality is a significant issue which should be considered when ascertaining the credentials of those claiming qualification in United States immigration matters abroad as there are many so-called “visa agents” or “immigration consultants” claiming qualification to provide services in connection with U.S. immigration. Attorney-client privilege is not extended to those not qualified as an American attorney and therefore discussions with unqualified individuals are likely not privileged communications. Meanwhile, some individuals brazenly, albeit falsely, portray themselves as American attorneys when, in fact, this is simply not the case.

For all of the reasons outlined above it should be noted that only a competent licensed attorney from the United States should be retained to assist prospective clients. Readers should understand that this message is not conveyed as an advertisement of this particular blogger’s services, as this is not this blogger’s intention in creating this posting. Instead, this post should be viewed as a reminder to readers that this decision should be made by prospective clients after serious contemplation and thorough research of all possible candidates for an attorney position. Attorney-Client relationships are not “one size fits-all” and neither is quality legal service. Therefore, the public should conduct research before coming to an informed decision about hiring an attorney.

For related information please see: K1 Visa Thailand or K1 Visa Cambodia.

Tags: American Attorney, American Fiance Visa, American Immigration Attorney, American Immigration lawyer, American Lawyer, American Visa Attorney, American Visa Lawyer, K-1 Visa, K-1 Visa Attorney, K-1 Visa Lawyer, K-1 Visa Process, K1 Visa, K1 Visa Attorney, K1 Visa Bangladesh, K1 Visa Burma, K1 Visa Cambodia, K1 Visa China, K1 Visa Hong Kong, K1 visa India, K1 Visa Indonesia, K1 Visa Laos, K1 Visa Lawyer, K1 Visa Macau, K1 Visa Malaysia, K1 Visa Myanmar, K1 Visa Process, K1 Visa Singapore, K1 Visa South Korea, K1 Visa Taiwan, K1 Visa Thailand, Legal, licensed attorney, licensed lawyer, US attorney, US Fiance Visa, US lawyer
Posted in K1 Visa, K1 Visa Thailand | No Comments »

Those conducting research with regard to United States Family Immigration often look at either the K-1 visa or a CR-1 visa for a recent or prospective spouse. That stated, an acute concern for many American Citizens is the speedy admission of the foreign fiance or spouse to the United States of America. Under many circumstances in places such as the Kingdom of Thailand or the Kingdom of Cambodia, virtually the only means to lawfully bring a Thai or Khmer fiance or spouse to the USA involves a US Marriage Visa (such as the CR-1 visa or the IR-1 visa) or a US fiance visa (officially categorized as a K-1 visa). The question then becomes: which visa can be obtained in a more timely manner?

Currently, it usually takes less time to obtain a K-1 visa compared to a CR-1 visa. That stated, it is this blogger’s opinion that the once large gap separating the processing times of these respective visa categories has closed somewhat, from a practical perspective; and, as a result, it may be best for those researching these issues to ponder the notion of applying for a CR-1 visa or an IR-1 visa from the outset rather than undergoing the K1 visa process. Bearing this in mind, the reader should note that the process is unique to every couple as circumstances tend to dictate the timing of various stages of the process.

Although the K-1 visa does usually result in a foreign fiancee arriving in the United States more quickly than a foreign spouse under the CR-1 visa category, readers should be aware of the fact that CR-1 visa holders are admitted into the United States in Lawful Permanent Resident status. Conversely, those admitted into the United States of America in K-1 visa status must undergo the adjustment of status process in order to obtain their Green Card.

Regardless of the fact that the current USCIS Processing Times note little change in the time it takes to receive adjudication of a K-1 visa petition compared to years past, the plain truth of the matter is that the overall K-1 visa process has lengthened for many in recent months. This increased wait time may be attributable to the fact that the National Visa Center and each and every US Embassy or US Consulate has its own backlog of cases to either process or adjudicate. As the ebb and flow of American immigration continues the consular processing times are likely to increase and/or decrease depending upon the circumstances at the various US Posts abroad. At present, it is difficult to calculate with any specificity what the time frame is for Consular Processing in Asia as many factors must be taken into consideration. It is this blogger’s current opinion that under the totality of the circumstances it may be prudent for prospective family visa petitioners to conduct thorough research into the immigration process before making an irrevocable immigration decision as a visa category that looks more efficient at first glance may, in fact, turn out to be an inefficient travel document if one takes into consideration all of the factors which must be addressed in order to ultimately receive lawful permanent resident status in the U.S.A.

For related information please see: Legal.

Tags: Adjustment of Status, American Embassy Cambodia, American Embassy Thailand, American Fiance Visa, American Fiancee Visa, American Marriage Visa, American Visa Cambodia, American Visa Thailand, Consular Processing, CR-1 Visa, Green Card, IR-1 Visa, K-1 Visa, K-1 Visa Cambodia, K-1 Visa Process, K-1 Visa Thailand, K1 Visa Cambodia, K1 Visa Thailand, National Visa Center, us embassy bangkok, US Embassy Cambodia, US Embassy Phnom Penh, us embassy thailand, US Fiance Visa, US Fiancee Visa, US Marriage Visa, US Visa Cambodia, US Visa Thailand, USCIS Processing Time
Posted in CR1 Visa, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, US Visa and Immigration | 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 »

This blog routinely discusses both the US Marriage Visa and the US fiance visa as these are popular travel documents for the loved ones of Americans Citizens or Lawful Permanent Residents. The Fiancee visa is generally referred to as the K1 visa while many refer to the US Marriage Visa as the K3 Visa. Strictly speaking, this is not the correct appellation as the K3 Visa is a special non-immigrant marriage visa that has been phased out through the National Visa Center’s use of “Administrative Closure”.

Those who file for a classic US marriage visa are likely to have noted that the petition was sent to a “lockbox” of the United States Citizenship and Immigration Service (USCIS). These “lockboxes” are used to receive documentation. In a way, they are something of a clearinghouse for visa petitions as they receipt the petitions in, assign them a number, and forward the file on to the appropriate service center.

In the recent past, this was not the way in which I-129f visa petitions were submitted to USCIS. In the past, the petitioner would submit the petition directly to the appropriate service center. However, a recent announcement from USCIS confirmed that this will no longer be the procedure for filing petitions for an American fiance visa. To quote directly from the USCIS press release:

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced a change in filing location instructions and addresses for the Petition for Alien Fiancé(e) (Form I-129F). The new instructions, dated 6/14/10, are part of an overall effort to transition the intake of forms from Service Centers to USCIS Lockbox facilities. Centralizing form and fee intake to a Lockbox environment allows USCIS to provide customers with more efficient and effective initial processing of applications/petitions and fees.

Many feel that utilization of a “lockbox” facility will help streamline the adjudication process for fiancee visa petitions. Every year, the United States Citizenship and Immigration Service processes a large number of fiance visa petitions. The caseload is currently rather bifurcated as these petitions are sent directly to a service center (currently there is one service center in Vermont and one in California). However, this method is rather cumbersome. Hopefully, by receiving all I-129f petitions in one centralized facility the process will be streamlined and made more efficient as cases can be sent to the service center with the capacity to handle the caseload.

For more about USCIS processing of K1 visa petitions please see: processing times.

Tags: American Fiance Visa, Fiance Visa, Fiancee Visa, I-129f, K1 Visa, K1 visa lockbox, K3 Visa, Lockbox, United States Citizenship and Immigration Service, US Fiance Visa, USCIS, USCIS lockbox, USCIS Processing Times
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, USCIS | No Comments »

This author has recently been informed that the United States Citizenship and Immigration Service (USCIS) is poised to conduct a thorough policy review which will delve into USCIS’s customer service procedures and look for ways to improve the US immigration system. As a first step, USCIS announced that a public survey would be conducted. Below are excerpts from a USCIS press release (distributed by the American Immigration Lawyers Association [AILA]), which outlines the purpose of the policy review and provides guidance regarding further methods of information gathering in an effort to improve USCIS customer service policies:

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) has announced the results of a public survey that launched the USCIS Policy Review, an unprecedented, top-to-bottom examination of the agency’s adjudication and customer-service policies. The survey results helped USCIS select the first 10 issue areas to address in the agency-wide review.

Informed by the survey responses, the agency’s needs, and input from the workforce, the USCIS Policy Review will begin by examining policies in the following issue areas: National Customer Service Center; Nonimmigrant H-1B; Naturalization and Citizenship; Employment-based Adjustment of Status; Family-based Adjustment of Status; Employment-Based Preference Categories 1, 2 and 3; Refugee and Asylum Adjustment of Status; Form I-601; General Humanitarian; and Employment
Authorization and Travel Documents.

“As an agency, we must achieve consistency in the policies that guide us and in how we implement them for the public benefit,” said USCIS Director Alejandro Mayorkas. “To achieve that critical goal, we are partnering with the public in this major undertaking to review our adjudication and customer-service policies. We will work collaboratively toward the shared objectives of consistency, integrity, transparency and efficiency.”

In April 2010, USCIS issued a survey that asked any interested member of the public, as well as its own workforce, to help identify the issue areas that the agency should examine first. USCIS received approximately 5,600 survey responses from diverse stakeholders. Those results are now available, along with a summary developed by USCIS’s new Office of Performance and Quality.

Some have questioned the need for such a survey as there are those who feel that USCIS’s current policies do not need improvement. Clearly, this is not the official view of USCIS as can be evidenced by the following statement:

On April 15, 2010, U.S. Citizenship and Immigration Services (USCIS) launched the USCIS Policy Review, an unprecedented, top-to-bottom examination the agency’s adjudication and customer service policies with the engaged participation of the USCIS workforce and the public. USCIS issued a survey that asked any interested member of the public, as well as its own workforce, to help identify the issue areas that the agency should examine first. Nearly 5,600 stakeholders responded to the survey, representing current immigrant and non-immigrant visa holders, employers, immigration attorneys and advocates, among others, in addition to responses from approximately 2,400 members of the USCIS workforce. Those responses helped USCIS select the first 10 issue areas to address in the agency-wide review. USCIS is now convening working groups to review the first 10 issue areas.

The press release went further than merely providing information regarding this important policy review. In an effort to provide the public with relevant information, the United States Citizenship and Immigration Service (USCIS) also provided a “Q & A” component to the recent press release. The following are questions and answers arising in connection with USCIS’s policy review initiative:

Questions and Answers

Q. What is the USCIS Policy Review?

A. The USCIS Policy Review is a comprehensive review of policy, guidance, and procedures related to our adjudications and customer service. The Policy Review is divided into four stages: (1) assembling and categorizing existing policy documents; (2) deciding which issue areas to review first, with input from surveys of the workforce and external stakeholders; (3) completing a review of policies in each identified issue area; and (4) consolidating and publishing updated policy documents (as appropriate), once approved.

Q. How does the Policy Review advance major goals already established for USCIS and the Department of Homeland Security (DHS)?

A. In the 2010 Quadrennial Homeland Security Review (QHSR), DHS identified the effective administration of the immigration system as a key priority. In particular, the QHSR emphasized the importance of a system that produces fair, consistent and prompt decisions for the public it serves. The Policy Review is designed to ensure that USCIS meets that standard in its work.

Q. How does the Policy Review relate to USCIS’s responsibilities and authority under federal law?

A. By law, USCIS is charged with setting policies and priorities for the administration of immigration services. USCIS will be reviewing those policies in our current effort. If the Policy Review identifies the need for proposed regulatory changes, we will fully engage in the federal rulemaking process. The purpose of the Policy Review is not to develop proposed changes to the immigration statutes established by Congress.

Q. Will the Policy Review change USCIS policy?

A. In many cases, yes. Working groups will evaluate policy based on USCIS goals, legal requirements and stakeholder concerns. These working groups will draft updated policy documents and proceed through USCIS’s policy-approval process. If the Policy Review identifies the need for proposed regulatory changes, USCIS will fully engage in the federal rulemaking process.

Q. What happens to existing policies during the course of the Policy Review?

A. While the Policy Review is underway, all policies already in place remain in full force and will be honored. From time to time in the course of the agency’s operations, policy issues may arise that require immediate attention outside the course of the formal Policy Review. We will continue to give these issues immediate attention as the need arises.

Q: What prompted the Policy Review?

A. USCIS is committed to ensuring that our policies are consistent and up to date. To that end, the agency has launched the USCIS Policy Review to examine our policies with input from the public it serves and from its workforce.

Q. Has USCIS previously undertaken a comprehensive review of its policies?

A: No. The effort to undertake a top-to-bottom review of our adjudication and customer service policies is an unprecedented initiative for USCIS.

Q. How will USCIS seek the public’s input during the Policy Review?

A. In keeping with our commitments to customer service and transparency, USCIS will engage practitioners, advocates, businesses, applicants, and other interested stakeholders throughout the course of the Policy Review. The survey was the first opportunity for stakeholders to participate. As we review policies in specific issue areas, we will offer a number of further opportunities for the public to offer input. For example, in some issue areas, we will conduct public meetings to solicit stakeholders’ views on specific policy matters. In many cases, we will also published drafts of new or revised policy memoranda on our website for public comment, now a regular step in USCIS’s policy development process.

Q. What did the survey ask?

A. The survey asked any interested member of the public, as well as the USCIS workforce, to help identify the issue areas that the agency should examine first. The survey also included comment sections.

Q. How many people responded to the survey?

A. Nearly 5,600 external stakeholders responded to the survey, representing current immigrant and nonimmigrant visa holders, employers, immigration attorneys and advocates, among others. Nearly 2,400 members of the workforce from USCIS offices worldwide also participated in the survey.

Q. How has USCIS used the survey results?

A. The survey results helped USCIS identify which issue areas to address first in its agency-wide review. USCIS considered quantitative and qualitative feedback from the surveys along with operational and programmatic needs to develop the initial list of issue areas for review.

Q. In addition to the survey, what progress has USCIS made in the Policy Review?

A. USCIS has assembled thousands of existing policy documents and categorized them into issue areas. USICS is now convening internal working groups to begin examining and evaluating the policy documents in the first 10 issue areas.

Q. What is the expected length and scope of the Policy Review?

A. The Policy Review is a multi-year effort designed to work thoughtfully through thousands of policy documents, many of which overlap or complement each other, in collaboration with the USCIS workforce and external stakeholders. New policy documents, once drafted, will be submitted through the USCIS clearance process, with many posted on the USCIS website for public comment.

At the time of this writing, there have been relatively few changes in the law regarding US Family Visas. Although administrative and regulatory changes have had a significant impact upon processing of the US Marriage Visa and the US fiance visa. That said, the recent fee increase for Consular Processing of the K1 visa (fiance visa) and the administrative closure of K3 Visa applications by the National Visa Center were promulgated by the Department of State (DOS) as there has been little recent change in the fee structure and administration of USCIS’s adjudication of family based visa petitions.

This author is of the opinion that this unprecedented policy review should be welcomed as it may herald further improvements to the American Immigration system and provide immigrants and Americans with better overall service. One must applaud USCIS for taking the initiative and promoting positive change.

For related information from the perspective of Southeast Asia please see: K1 Visa Thailand.

Tags: Administrative Closure, American Fiance Visa, American Immigration, American K1 Visa, American K3 Visa, American Marriage Visa, American State Department, American Visa, Department of State, DOS, K1 Visa, K1 Visa Thailand, K3 Visa, National Visa Center, United States Citizenship and Immigration Service, US Fiance Visa, US Immigration, us k1 visa, US K3 Visa, US Marriage Visa, USCIS, USCIS policy review
Posted in Department of Homeland Security, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, Legal Opinion, National Visa Center, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | 1 Comment »