Integrity Legal

US Immigration and Thai Immigration have a great deal in common and also many differences. I decided to write a quick blog post exploring the differences between the two systems in order to provide more clarity for those seeking to immigrate to either Thailand or the United States.

With regard to ease of visa obtainment, overall it is generally more difficult to obtain a USA visa than a Thai Visa. That being said, there are certain aspects of US Immigration that are far more generous than Thailand’s system. For example Thai Permanent Residence is very difficult to obtain from a practical standpoint and almost no one enters the country with Permanent Residence, especially if they have never been to Thailand before. In contrast, the United States confers lawful permanent residence upon entry to the USA for those married to a United States Citizen for longer than 2 years at the time of visa application.  For those married less than 2 years at the time of application, conditional permanent residence is immediately granted upon entry and the conditionality must be lifted later.

A Thai Business Visa is somewhat similar to an American Business Visa in that both allow for travel to the USA or Thailand for business purposes. However, neither visa actually confers the right to work in either country. This is where the similarities end because in order to obtain lawful employment in the USA the immigrant would need to get a visa that has work authorization. In Thailand, the immigrant would need to obtain a Thai work permit. Getting work authorization for Thailand is somewhat easier in Thailand than in the United States.

The Thai Tourist Visa and the American Tourist Visa are quite similar. They both are non-immigrant visas designed for recreational purposes. Currently, the Thai Tourist visa is being offered free of charge to those wishing to visit the Kingdom of Thailand. This is not the case for the American tourist visa as a non-immigrant application fee and pin number fee are required for those applying for a tourist visa.

One of the most significant differences between United States Immigration and Immigration to Thailand is the fact that Thailand does not have any provisions in its Immigration law for a Fiance visa. The Fiancee Visa in the United States is commonly know by its visa category classification: K-1 visa. No matter what it is known as, it is designed to allow a Fiancee of an American Citizen entry into the United States for the purpose of marriage and permanent residence in the USA. Thailand has nothing remotely resembling this type of visa. Further, it does not appear that Thailand will be creating anything like the K1 Visa anytime soon.

Overall, Thai Immigration is dissimilar to American Immigration because US Immigration is far more substantially funded and has more agents operating under the aegis of USCIS and the US State Department.

(Nothing contained in this blog post should be used as legal advce. No Attorney/client relationship shall be created between author and reader.)

Tags: American Visa Thailand, K-1 Visa Thailand, Thai Visa, Thailand Business Visa, Thailand Visa, US Immigration Thailand, us visa lawyer thailand, US Visa Thailand
Posted in Fiance Visa Thailand, General Legal Information, K1 Visa Thailand, Legal Opinion, Miscellaneous, Thailand Visa, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, Visa Waiver | 1 Comment »

A Legal Ground of Inadmissibility is a provision created by Congress that bars certain immigrants from entering the United States of America. If a prospective immigrant is found to have certain types of communicable disease then they will be barred from entering the United States without first obtaining a Waiver of Inadmissibility.

Waivers of inadmissibility for those infected with Human immunodeficiency virus (HIV) are different than some other legal grounds of inadmissibility because the burden of proof is not the same. In order to obtain a normal I-601 waiver of inadmissibility in most cases the US Citizen or lawful permanent resident petitioner must show that failure to grant the waiver would result in an “extreme hardship,” for him or her. In the case of an HIV waiver, a showing of “extreme hardship” is unnecessary. Instead, one must show that the immigrant with HIV will not become a ward of the United States. Much like the I-864 affidavit of support for Immigrant visas or the I-134 affidavit of support for a fiance visa, the petitioner must show that the beneficiary will not become a “public charge.”

Recently, President Obama has made it clear that he intends to put the wheels in motion to have legislation passed that would repeal the provisions making those with HIV inadmissible to the United States. Obama was recently quoted as saying,

“The rationale for maintaining HIV infection as an excludable condition is no longer valid based on current medical and scientific knowledge and public health practice, and experience which has informed us on the characteristics of the virus, the modes of transmission of HIV, and the effective interventions to prevent further spread of the virus… My administration is committed to rescinding the discriminatory ban on entry to the United States based on HIV status. The Office of Management and Budget just concluded a review of a proposal to repeal this entry ban, which is a first and very big step towards ending this policy.”

Obama has made many recent statements regarding Comprehensive Immigration Reform and the Defense of Marriage Act. If Obama fulfills his campaign promises regarding these issues it will have tremendous ramifications on United States Immigration law. The push to have HIV taken off of the list of communicable disease has its opponents, but it is probable that legislation that would allow those with HIV to enter the USA, without a waiver, will be passed sometime in the next one to two years.

For more information about US Family Visas from Thailand Please see: US Immigration lawyer Thailand or K-1 visa

(Nothing contined herein should be mistaken for legal advice as it is intended for the purpose of education only. No lawyer-client relationship is to be implied to exist between the author and any reader of this posting.)

Tags: American Visa Thailand, HIV Waiver, I-601 Waiver, legal grounds of inadmissibility, US Immigration, US Immigration HIV, US Visa Thailand, visa denial, visa denial Thailand, Visa Refusal, waiver of inadmissibility
Posted in US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

Visa Waivers are often accorded to nationals from countries that have a long standing relationship with the USA. Currently, the Kingdom of Thailand is not a participant in the US Visa Waiver Program, therefore, anyone wishing to travel to the USA on a Thai passport must obtain some sort of American Visa.

The US Visa waiver program should not be confused with a waiver of excludability which is usually necessity after a US visa denial based upon a legal ground of inadmissibility. The US Visa Waiver Program (VWP) was created to allow certain foreign nationals entry into the United States visa-free.

In the mid-1980′s, the US Immigration Reform and Control Act integrated the Visa Waiver Pilot Program into the United States Immigration and Nationality Act (INA). The Visa waiver initiative remained a pilot program until October 30, 2000. At that time, the Visa Waiver Permanent Program Act made the program a permanent fixture of immigration law. The Visa Waiver Program’s legal foundation is stipulated in section 217 of the United States Immigration and Nationality Act. In 2007, the addition of section 711 of the INA created measures to strengthen the security of the Visa Waiver Program.

The Secretary of Homeland Security and the Secretary of State, may assign a nation as a participant in the Visa Waiver program if:

1. The nation grants similar travel rights to Americans;
2. The nation has attested that it dispenses electronic passports that contain data storage chips;
3. The nation started issuing such Passports to its citizens on or before October 26, 2006.
4. The Secretary of Homeland Security and the Secretary of State prepare a report calculating the effect the country’s VWP authorization upon US security; and
5. The Secretary of Homeland Security and the Secretary of State decide that the nation’s inclusion in the program will not damage American security interest, this includes issues involved in the enforcement of US Immigration law.

Who can enjoy the Visa Waiver Program?

The nationals of the following countries are eligible to enter the USA under the Visa Waiver Program: Andorra, Austria, Australia, Belgium, Brunei, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, Republic of Korea, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom (With regard to United Kingdom Passports, Only UK passports denoted as “British Citizens” and/or “with unrestricted right of abode in the United Kingdom” are eligible for entrance to the USA under the Visa Waiver Program. Those holding passports designating that the bearer is a “British Subject,”  “British Dependent Territories Citizen,” “British Overseas Citizen,” or “British National [Overseas],” cannot enter the United States through the Visa waiver program.)

In order to enter the USA visa-free on the Visa Waiver Program an entrant must first use the Electronic System for Travel Authorization.

(Please note: Nothing contained herein should be used as legal advice. No attorney-client relationship is created by reading this piece.)

Tags: American Visa Thailand, Electronic System for Travel Authorization, US Immigration, US Visa, us visa denial, visa denial Thailand, Visa Waiver, Visa Waiver Program, VWP
Posted in US Visa and Immigration, Visa Waiver | No Comments »

US Immigration from Thailand can be a complex and multifaceted process. Compiling Immigration forms and  documentation can be an arduous task for an American Citizen who understands the English language fluently. This difficulty is compounded when one takes into account the fact that a language barrier and 12 hour time difference can slow the visa obtainment process immeasurably. In some cases, the Thai fiancee must deal with Thai government offices, which can be frustrating and confusing depending upon the office in question.

In a previous post we discussed how retaining a US Immigration Lawyer can be highly advantageous for those seeking to obtain a US visa from Thailand. An American attorney on the ground in Bangkok can expedite the visa process by assisting a Thai fiancee with the US Immigration forms and 221 g follow up documentation at the US Embassy Thailand. Many American Citizens enjoy the peace of mind that comes from knowing a US visa lawyer is assisting their Thai loved one in real time.

That being said, there are certain aspects of the US visa process where a Thai attorney can be a boon to both the American client and the Thai fiancee. The first instance in which a legally trained Thai who is fluent in English can be useful is document translation. Thai legal documents that are pertinent to Visa obtainment should be translated by one with both a fluency in English and a familiarity with Thai law.  Further, some documents that are quite common in Thailand, have no analogous counterpart in the American common law system. A lack of familiarity with Thai legal documentation can create confusion and delay for visa cases submitted and processed by American citizens who opt not to retain representation. Therefore, a Thai attorney’s expertise with Thai legal documents can be essential to an expeditious visa processing time frame. Requests for Evidence (RFE) from USCIS and 221 g denials are far less common where the petitioner and beneficiary have opted to retain a firm that employs Thai and American attorneys.

A Thai Attorney can be of real assistance when it comes to dealing with government offices because they are familiar with bureaucratic protocol and can speak to the Thai officers in their own language.

A Thai attorney can assist an American attorney with preparing the applicant for the visa interview in Bangkok.  This preparation helps the fiancee or spouse feel more comfortable about the impending interview and also will make the interview proceed more quickly because the Thai is given a “heads up.”

A Thai attorney can be of great assistance in US Immigration matters, but they will not be able to accompany a Thai fiancee to the Visa interview at the US Embassy in Bangkok. No one is allowed to accompany a Thai visa applicant to the visa interview (this includes the US Citizen spouse or fiancee). With the large caseload processing through the American Embassy in Bangkok, the waiting room cannot accommodate all of the relatives of those seeking US Visas.

(Please note: the content contained herein is intended for informational purposes only. No attorney/client relationship is created by reading this post.)

Tags: 221 (g), American Embassy Thailand, American Visa Thailand, K1 Visa Thailand, us embassy bangkok, us embassy thailand, US Immigration Thailand, US Visa, US Visa Thailand
Posted in K-3 Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

There are essentially three government agencies that have a hand in the US Visa process: the United States Citizenship and Immigration Service (USCIS), the National Visa Center (NVC), and the United States Department of State (the Department with jurisdiction over the US Embassies, Consulates, and Diplomatic Posts abroad). Of these three agencies, USCIS has the case in its possession for the longest period of time because the petition must be initially adjudicated by their officers.

Within the USCIS administrative structure there are two service centers that handle the adjudication of the K1 visa application and K3 visa application for fiancees of United States Citizens (in both cases, the actual application form is called the I-129f). The Services Centers are located in California and Vermont, respectively. They each have their own unique jurisdiction depending upon the residence of the petitioner.

Within the past few days, the USCIS service center in California issued a revised estimate regarding how long it is taking for adjudication of K-1 visa applications and K-3 visa applications. They are now estimating that it will take 5 months for the average visa petition to be adjudicated. This is compared to the previous estimate of 6 months.

As I have explained on this blog and to people in the past. This estimate tends to be quite conservative as we tend to see these petitions adjudicated by USCIS in a much more timely manner than this. That being siad, the prospective immigrant or sponsor should be aware that the petition must also pass through the National Visa Center (which generally processes I-129f petitions faster than Immigrant Visa petitions) and the US Embassy Bangkok.

K3 visas a re also different because one needs to take into account the underlying I-130 petition that acts as the foundation for the supplemental I-129f petition that garners an expedited visa.

At the back of everyone’s mind should be the idea that all time frames for visa obtainment are estimates only as many factors can be at play when a visa application is processing. The best advice is to plan for the worst, but hope for the best. It has been our experience that the US Embassy in Thailand works in a very efficient manner in an effort to get petitions adjudicated quickly. The USCIS service centers are generally the “bottleneck” where visa applications can get delayed.

(No aspect of this piece should be construed as legal advice because this post is written for educational and informational purposes only. No attorney-client relationship should be construed to exist between the author and reader of this post.)

Tags: American Visa Thailand, Department of State, K1 visa processing time, K1 Visa Thailand, K3 Visa processing time, K3 Visa Thailand, National Visa Center, us embassy bangkok, us embassy thailand, US Visa Thailand, USCIS
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | 2 Comments »

Of great concern to those United States permanent residents (Green Card holders) visiting Thailand is the amount of time they will be allowed to spend outside of the United States and still retain their lawful permanent resident (LPR) status. Failure to remain in the United States for prolonged periods of time could lead to a revocation of one’s LPR.

In order to stay in Lawful Permanent Resident or Conditional Resident (CR) status for United States Immigration purposes the alien in question must maintain an actual domicile in the USA and not remain outside of the country (as defined in the United States Immigration and Nationality Act) for longer than one year. A Green card holder classified as LPR or CR who possesses a re-entry permit issued by an office of the United States Citizenship and Immigration Service in the United Sates may stay outside of the United States until the re-entry permit’s expiration date. Upon initial issuance, re-entry permits are usually issued with a validity of two years.

An alien classified as having Lawful Permanent Residence or Conditional Residence in the USA who has not returned to the United States for a span of time longer than twelve months, or past the expiration date of a re-entry permit, will be  required to obtain a new immigrant (CR-1 or IR-1 in the case of spouses) visa in order to reenter the United States in order to reestablish permanent residence.

Under specific provisions of United States Immigration law an exception was created which confers special immigrant status as a returning resident to a Lawful Permanent Resident or Conditional Resident who has lingered outside of the United States due to extenuating circumstances beyond the alien’s control. Although being approved for returning resident status negates the requirement that an immigrant visa application be filed on behalf of the alien with USCIS, the alien must establish his or her eligibility for a US immigrant visa, have a medical examination performed and remit the visa processing fee of three hundred and fifty-five United States dollars with an additional security fee of forty-five United States dollars as well as the fee for the medical examination.

Of Important note to Conditional Residents (CR) of the United States in a situation such as this: if a CR fails to submit an application to have the conditionality of resident status lifted, then that person must apply for a new immigrant visa. In this situation, the CR is not allowed to submit an application for status as a returning resident.

Much like advance parole for a K1 visa holder, the SB-1 returning resident travel document and the re-entry permit are both very important documents should an immigrant seek to leave the United States.

(Please be advised that this post is meant for educational purposes only and does not constitute legal advice. No Attorney-Client Relationship is to be deemed to have been formed between the writer of this piece and any subsequent readers.)

Tags: American Visa Thailand, Lawful Permanent Residence, LPR, Re-Entry Permit, Returning Resident, SB-1, SB1, US Visa Thailand
Posted in Adjustment of Status, US Visa and Immigration, US Visa Thailand | No Comments »

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 »

The whole point of obtaining a K1 visa is to allow the Thai fiancee a 90 day visit after traveling to the United States in order to ultimately get married. Should the couple opt not to marry, then the Thai fiancee will need to depart the country before the 90 day visa validity expires.

For those couples applying for an Immigrant Spouse Visa (CR-1 or IR-1) or a K-3 Visa, the marriage should already have taken place as the legal marriage acts as the foundation upon which the visa application is based.

That being stated, unlike Thailand, where marriage registration is a uniform process that essentially involves a trip to the local Amphur office for execution, in America the marriage procedures differ depending upon the state. Also, some states require the couple obtain a marriage license and wait a statutorily prescribed period before marriage. For the convenience of those reading this blog, here is a state by state list of rules regarding US marriage.

One should bear in mind that upon marriage in the USA, the US Citizen should petition for adjustment of status for his new Thai wife.

For more about the above chart please click here

Please be advised that the above is an improper substitute for personal one-to-one legal advice from an attorney. No attorney client relationship is formed between the reader and the author.

Tags: American Visa Thailand, K-1 Visa, K1 Visa, K1 Visa Thailand, K3 Visa Thailand, Marriage, Marriage Registration, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, Thailand Marriage Registration, US Visa and Immigration | 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 »

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 »