Integrity Legal

Frequent readers of this web log may have taken note of the fact that the administration routinely posts the holiday closing schedules of the various US Missions in Asia as a courtesy to the public-at-large. To quote directly from the official website of the United States Embassy in Kabul, Afghanistan:

DATE                                 DAY                           HOLIDAY

January 2*                 (US)  Sunday  New Year’s Day
January 16*               (US)  Sunday  Martin Luther King, Jr. Day
February 15              (AF)  Tuesday  Liberation Day
February 16**           (AF)  Wednesday  Prophet’s Birthday
February 20*              (US)  Sunday  President’s Day
March 21                   (AF)  Monday  Nawrooz (Afghan New Year – 1390)
April 28                      (AF)  Thursday   Victory Day
May 29*                    (US)  Sunday  Memorial Day
July 3*                      (US)  Sunday  Independence Day
August 1**                (AF)  Monday  First Day or Ramadan
August 18***             (AF)  Thursday  Independence Day
Aug 31 – Sept 2**      (AF)  Wednesday – Friday Eid ul-Fitr
September 4*             (US)  Sunday  Labor Day
September 8***          (AF)  Thursday  Martyrdom of National Hero Day
October 9*                 (US)  Sunday  Columbus Day
November 6-8**          (AF)  Sunday – Tuesday Eid-e Qurban
November 10*             (US)  Thursday  Veteran’s Day
November 24               (US)  Thursday  Thanksgiving Day
December 6**             (AF)  Tuesday  10th of Muharram (Ashura)
December 25               (US)  Sunday  Christmas Day

Notes:

*    American holidays marked with an asterisk (*) are observed on a different day than in the US.

**  Afghan holidays marked with double asterisks (**) are based on the Islamic Calendar and depend on sightings of the moon.  As a holiday approaches, adjustments to this schedule may be made based on local practice and Afghan government announcements.

*** Afghan holidays marked with triple asterisks (***) are observed one day earlier.

Those wishing to visit the official homepage of the United States Embassy in Kabul are encouraged to click HERE.

It may sometimes prove necessary for an American Resident Abroad or an American traveling abroad to acquire documentation (US Passport, Consular Report of Birth Abroad, Notarized affidavit, etc.) which can only be obtained from an American Citizen Services section of a US Embassy or US Consulate overseas. Americans seeking such documentation are well advised to contact an American Citizen Services Section with appropriate Consular jurisdiction.

Those seeking an American non-immigrant visa (such as a B-1 visa, B-2 visa, J-1 visa, or F-1 visa) are likely to see their visa application processed at a non-immigrant visa section of a US Embassy, US Consulate, or American Institute abroad. Meanwhile, those seeking an immigrant visa such as a CR-1 visa or IR-1 visa (for purposes of Consular Processing, the K-1 visa; although a non-immigrant US fiance visa, is treated in much the same way as immigrant visa categories for processing purposes) are likely to see their visa application processed by an Immigrant Visa Unit abroad. Immigrant visas such as those noted above are likely to only be granted pursuant to an initial adjudication of an immigration petition at the United States Citizenship and Immigration Service (USCIS).

Those seeking visas such as the EB-5 visa or the L-1 visa are well advised to take note of the fact that it is unlikely that a visa application will be adjudicated by a US Post abroad until after an initial immigration petition is approved by USCIS.

For related information please see: Legal.

Tags: American Consulate, American Embassy, American Institute, American Resident Abroad, B-1 Visa, B-2 Visa, B1 visa, B2 Visa, Consular Processing, consular report of birth abroad, CR-1 Visa, CR1 Visa, CRBA, EB-5 Visa, EB5 Visa, F-1 Visa, F1 Visa, Holiday Closing, Holiday Schedule, IR-1 Visa, IR1 Visa, J-1 visa, J1 visa, K-1 Visa, K1 Visa, L-1 visa, L1 Visa, Legal, United States Citizenship and Immigration Service, United States Embassy in Afghanistan, United States Embassy in Kabul, US Consulate, US Embassy, US Embassy Afghanistan, US Embassy Kabul, US Fiance Visa, us passport, USCIS
Posted in US Embassy Kabul | No Comments »

Those who read this blog on a regular basis will no doubt realize that when new information regarding Consular processing comes out this administration tries to post it in an effort to provide insight to those processing a visa application through the relevant Post. It recently came to this blogger’s attention that the United States Embassy in Manila, Philippines is changing their protocols for Immigrant visa processing. The following is a brief quotation from the official website of the US Embassy in Manila:

Effective December 1, 2010, various changes to immigrant visa services are as follows:

• Immigrant visa applicants whose appointments have not been scheduled through the National Visa Center (NVC) (i.e., immigrant visa petitions approved by the U.S. Citizenship and Immigrations Services Manila) may request a visa appointment by visiting the U.S. Embassy in Manila’s Visa Information and Appointment Service online at http://www.ustraveldocs.com/ph or by calling (632) 982-5555. The Visa Information and Appointment Service is open Monday through Friday, from 8:00 a.m. to 8:00 p.m. (Manila time), except on U.S. and Philippine holidays. Callers in the U.S. should call (214) 571-1600, from 7:00 p.m. to 7:00 a.m. (Eastern Standard Time). Callers are able to speak with an English-, Tagalog-, Ilocano- or Cebuano-speaking operator.
• Visa Information and Appointment Service representatives can provide information on visa appointment-related inquiries only. Inquiries on a specific case may be directed to the Immigrant Visa (IV) Unit by e-mail at IVManilaReplies@state.gov or by fax at (632) 301-2591. Petitioners and applicants may also call the IV Inquiry line at (632) 301-2000, extension 5184 or 5185 during normal business hours.
• Immigrant visa applicants who have been scheduled by the NVC for a visa appointment at the Embassy are required to visit the online appointment website to register their delivery address.
• K visa applicants who have been notified by the Embassy to prepare for their interview, must pay the visa application fee of $350 before they can request a visa appointment via the online appointment website or the Visa Call Center
  

It should be noted that the above quotation does not encompass all of the information provided upon the official website. Those interested in obtaining further information are encouraged to correspond directly with either an American immigration attorney or the US Embassy in the Philippines.

The Consular Processing phase is usually the last phase of the US visa process for those with immigrant intent. Although in certain cases, a 221g refusal may be issued if the adjudicating Consular Officer feels that further documentation is required to process an application. Furthermore, a visa application may be denied if it is found that a legal grounds of inadmissibility exists in a given case. Under such circumstances, it may be possible to remedy the denial through use of an I-601 waiver of inadmissibility.

In American family based visa cases, the Immigrant Visa Unit of a US Consulate abroad is responsible for the adjudication of a visa application for those seeking a K1 visa, K3 visa, CR-1 visa, or an IR-1 visa.  Those seeking a non-immigrant visa such as a B1 visa (US Business Visa), B2 visa (US Tourist Visa), F1 visa (US Student Visa), or J1 visa (Cultural Exchange Visa) must interview with an adjudicator at the Non-immigrant visa unit of the Post with Consular jurisdiction to adjudicate a visa application.

For related information please see: US Embassy Philippines.

Tags: 221(g) refusal, 221g, 221g denial, American Visa Philippines, B-1 Visa, B-2 Visa, B1 visa, B2 Visa, Consular Processing, CR-1 Visa, CR1 Visa, CR1 Visa Philippines, CR1 Visa Process, F-1 Visa, F1 Visa, I-601 Waiver, I-601 waiver Philippines, Immigrant Visa Unit US Embassy Philippines, IR-1 Visa, IR1 Visa, IR1 Visa Philippines, IR1 Visa Process, J-1 visa, J1 visa, K-1 Visa, K-3 Visa, K1 Visa, K1 Visa Philippines, K1 Visa Process, K3 Visa, K3 Visa Philippines, K3 Visa Process, US Business Visa, US Consulate Manila, US consulate Philippines, US Embassy Manila, US Embassy Philippines, US Exchange Visitor Visa, US Student Visa, US Tourist Visa, US Visa Philippines, USA Visa Philippines
Posted in CR1 Visa, I-601 Waiver, IR1 Visa, J1 visa, K1 Visa, K2 Visa, K3 Visa, US Embassy Manila, US Embassy Philippines, US State Department, US Tourist Visa, US Visa, US Visa and Immigration, USCIS, Visa Waiver | No Comments »

Frequent readers of this blog may have noticed that the administration routinely posts the holiday closing schedules of various United States Missions in Asia in an effort to forestall possibly fruitless trips to a US Embassy or US Consulate overseas. Many American Missions close and do not provide routine services in observance of both United States Federal holidays as well as local holidays in the Host Country. The following information was quoted directly from the official website of the United States Consulate in Hong Kong (this Post also has Consular jurisdiction over Macau):

The following have been designated as official holidays for 2010. The Consulate General will be closed to the public on these days.

A – American Holiday/L – Local Holiday

Notes: Four local holidays falling on Saturdays are not included in the 2010 holiday schedule (the day preceding Lunar New Year’s Day, February 13, the day following Good Friday, April 3, Labour Day, May 1, and Chung Yeung Festival, October 16).

Both Hong Kong and Macau are special administrative regions of the People’s Republic of China and have considerable autonomy under Chinese law. That said, those Americans interested in receiving services such as issuance of a Consular Report of Birth Abroad (CRBA), new US passport, new visa pages, or notary services, etc. are well advised to contact the American Citizen Services (ACS) Section of the nearest US Mission in an effort to schedule an appointment at ACS. Scheduling an appointment is an efficient way of streamlining services at an American Mission abroad as Consular Officers can prepare in advance to service a prospective customer’s needs.

Those interested in matters pertaining to United States Immigration are well advised to research the issue before contacting an American Mission abroad to set up an appointment for visa interview. Many non-immigrant visa categories (ex. F1 visa, B1 visa, B2 visa)  may not require the initial filing of a visa petition in the USA. However, non-immigrant visas such as the K1 visa and the K3 Visa do require the initial approval of a petition at the United States Citizenship and Immigration Service (USCIS). Also, immigrant visa categories such as the IR1 Visa and the CR1 Visa require the initial filing of a petition with USCIS. Although, some American Consulates and Embassies abroad may allow Direct Consular Filing (DCF) under certain limited circumstances.

For related information please see: US Visa China or EB-5 Visa China.

Tags: American Consulate Hong Kong, American Consulate Macau, American Embassy China, B-1 Visa, B-1 Visa China, B-2 Visa, B-2 Visa China, B1 visa, B1 Visa China, B2 Visa, B2 Visa China, CR-1 Visa China, CR1 Visa China, Direct Consular Filing, EB-5 Visa China, EB5 Visa China, F-1 Visa, F-1 Visa China, F1 Visa, F1 Visa China, IR-1 Visa China, IR1 Visa China, K-1 Visa China, K-3 Visa China, K1 Visa China, K3 Visa China, United States Consulate Hong Kong, United States Consulate Macau, US Consulate Hong Kong, US Consulate Macau, US Embassy China, US Visa China, USCIS
Posted in US Consulate Hong Kong, US Consulate Macau, US Embassy China | No Comments »

Although it has been written of often on this blog, the issue of section 214 (b) of the United States Immigration and Nationality Act and its impact upon the United States tourist visa process is one of concern to some abroad as few understand why its application can be somewhat unsympathetic when applied to applicants who have a boyfriend or girlfriend of American nationality or in Lawful Permanent Resident status in the United States of America.

Those seeking a US tourist visa must subject themselves to an interview prior to visa issuance (and visa issuance assumes application approval which is not a foregone conclusion). At the visa interview the Consular Officer will adjudicate the merits of a tourist visa application. Section 214(b) of the United States Immigration and Nationality Act compels Consular Officers to deny a tourist visa application (or any non-immigrant visa application that requires 214b analysis such as a J1 visa, an F1 visa, or a B1 visa to name just a few relevant categories) if the officer finds that the applicant cannot overcome the presumption of immigrant intent contained within the provisions of section 214b. This presumption creates a sort of “strong ties” vs. “weak ties” analysis which is utilized by those adjudicating non-immigrant applications. Therefore, those with strong ties to Malaysia (or another country abroad) and weak ties to the USA will be more likely to be granted a tourist visa compared to those in circumstances which mitigate in favor of the presumption of immigrant intent.

In the past, there were some who attempted to utilize the B2 visa (the categorical classification of the US Visitor Visa) as a means of circumventing the comparatively long processing time for visas such as the K1 visa or the CR1 visa. It should be noted that applying for a non-immigrant visa while maintaining immigrant intent could be construed as visa fraud particularly where the applicant is seeking a Visitor Visa which specifically is meant for those wishing to travel to the USA for a relatively short holiday.

Those wishing to bring a Malaysian loved one to the United States for the purpose of marriage are well advised to seek either a US fiance visa (K1 visa) or a US Marriage Visa (if the couple is already married the duration of the marriage may dictate if the Malaysian spouse is eligible for a CR1 Visa or an IR1 visa). A marriage or intended marriage should never be entered into as a pretext. Therefore, so-called marriages of convenience should not be the basis of a visa petition. Those seeking US family visa benefits are well advised to only seek visa benefits based upon a genuine bona fide relationship.

For related information please see: US Visa Lao Girlfriend of K1 Visa Malaysia.

Tags: 214(b), B-2 Visitor Visa, B1 visa, B2 Visa, B2 visa Malaysia, B2 Visitor Visa, CR1 Visa, Fiance Visa Malaysia, IR1 Visa, J1 Visa Malaysia, K1 Visa, K1 Visa Malaysia, Section 214(b), US Family Visa, US Fiance Visa, US Tourist Visa Malaysia, US Visitor Visa
Posted in CR1 Visa, IR1 Visa, J1 visa, K1 Visa, K2 Visa, US Embassy Kuala Lumpur, US Embassy Malaysia, US State Department, US Tourist Visa, US Visa, US Visa and Immigration | No Comments »

A frequently asked question among American expatriates and tourists overseas is: “Can I bring my foreign girlfriend with me to the United States on a Tourist visa?” In the context of Burma (Myanmar) some Americans may pose the question: “Can I bring my Burmese boyfriend or girlfriend to the United States on a Tourist Visa?” In many cases, the answer to either of these questions is a qualified: No. However, an in depth understanding of the statutory scheme underlying the Consular adjudication of visa applications can provide insight into the reasons for denial of these types of visas when sought by the significant others of United States Citizens or Lawful Permanent Residents.

Relatively few people (Americans included) are aware that United States Immigration law imposes a rather stringent statutory presumption that Consular Officers must adhere to when adjudicating non-immigrant visa applications. Under section 214(b) of the United States Immigration and Nationality Act a Consular Officer adjudicating a non-immigrant visa application abroad must refuse to issue the visa if the applicant cannot overcome the presumption that they are intending to immigrate to the United States of America. This creates a sort of “strong ties” vs. “weak ties” analysis whereby the Officer adjudicating the application can only grant the requested visa if the applicant can show sufficient “strong ties” to their home country and “weak ties” to the USA. This presumption is not easily overcome under the best of circumstances, but when an officer takes into account the fact that a non-immigrant visa applicant has an American boyfriend or girlfriend, the presumption could become virtually insurmountable without strong documentation in support of issuance.

Unfortunately, in the past there have been instances of couples attempting to utilize the US tourist visa for the purpose of circumventing the relatively long processing times associated with applying for US family immigration benefits. It should be noted that misrepresenting one’s intentions on a visa application could be construed as visa fraud by American authorities. A finding that fraud has occurred could result in civil and criminal sanctions for both the applicant and the American significant other.

Those couples wishing to obtain a family immigration benefit through use of an American fiance visa (K1 visa) or a spousal visa (K3 Visa in limited cases or a classic CR1 Visa or IR1 Visa in the vast majority of cases) should bear in mind that a visa petition should only be brought if the couple has a bona fide relationship. In short: a couple should not get married or file for a fiance visa if they do not have a bona fide relationship. A pretextual relationship, or so-called “marriage of convenience”, should not be used as a basis for submitting an application for a US visa.

For related information please see: US Visa Indonesian Girlfriend or K1 Visa Burma.

Tags: 214(b), B1 visa, B2 Visa, CR1 Visa, F1 Visa, Fiance Visa Burma, Fiance Visa Myanmar, Immigration and Nationality Act, IR1 Visa, J1 visa, K1 Visa, K3 Visa, marriage of convenience, US Business Visa, US Exchange Visitor Visa, US Fiance Visa, US Marriage Visa, US Tourist Visa, US Tourist Visa Denial, US Tourist Visa Denied, US Tourist Visa Refusal, US Visa Burma, US Visa for Burmese Girlfriend, US Visa Myanmar, visa fraud
Posted in CR1 Visa, IR1 Visa, J1 visa, K1 Visa, K3 Visa, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Yangon, US State Department, US Tourist Visa, US Visa, US Visa and Immigration | Comments Off

A frequently asked question from those Americans with a special someone in Indonesia is: “Can I get my Indonesian girlfriend (or boyfriend) a US Tourist Visa?” In many cases, the answer to this question is: No. However, a better understanding of the relevant laws and regulations  can be highly illuminating for those with an Indonesian significant other.

Many Americans are unfamiliar with section 214 (b) of the United States Immigration and Nationality Act. This legislation creates a legal presumption that an American Consular Officer must take into consideration when adjudicating non-immigrant visa applications. The section requires the Consular Officer to presume that the applicant for a non-immigrant visa is actually an undisclosed intending immigrant unless the applicant can produce strong evidence to the contrary. This creates a so-called “strong ties” vs. “weak ties” analysis whereby the applicant must show “strong ties” to their native country, or another country outside of the United States of America and “weak ties” to the USA. Therefore, the Indonesian girlfriend (or boyfriend) of an American Citizen (or Lawful Permanent Resident) must show that they have strong ties to Indonesia and weak ties to the USA. In general, the mere existence of an American significant other is enough to mitigate against many “strong ties” outside of the USA and thereby lead to a denial of an American B2 tourist visa application.

The reason for this state of affairs is first due to the fact that the the presumption contained in section 214b is quite stringent when applied to the facts of many individual cases. Many who are rejected under this provision feel that the denial is some sort of personal rejection. Nothing could be further from the reality of the situation as a US Consulate or US Embassy will routinely issue these denials for no reason other than the application of relevant law. Meanwhile, there are some who speculate that part of the reason for the relative increase in these denials over the course of the past 10 years is due in part to the tragedy of 9/11 which lead to increased scrutiny of all immigrant and non-immigrant visa applications. Furthermore, there have been those who inappropriately use the US tourist visa to circumvent the comparatively longer processing time associated with a US fiance visa (K1 visa) or a US Marriage Visa (K3 Visa, CR1 Visa, IR1 Visa).

Those who have a foreign girlfriend (or boyfriend) and can show genuine ties to countries abroad may still be able to get a US Tourist Visa. That said, this post is merely meant to explain the relatively higher denial rate that seems to exist in B2 visa applications for the significant others of Americans. Those with a bona fide relationship and genuine intentions may be able to obtain an American fiance visa or marriage visa, but it should be noted that no one should ever enter into a relationship strictly to obtain visa benefits. A family based visa application should be based upon a bona fide relationship.

For related information please see: US Visa Cambodian Girlfriend or K1 Visa Indonesia.

Tags: American Embassy Indonesia, American Embassy Jakarta, American Tourist Visa, American Visa Indonesia, B2 Visa, CR1 Visa, Fiance Visa, Immigrant Visa, IR1 Visa, K1 Visa, K3 Visa, Non-Immigrant Visa, Non-Immigrant Visa Unit, US Embassy Indonesia, US Embassy Jakarta, US Fiance Visa, US Tourist Visa, US Visa Indonesia
Posted in CR1 Visa, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, US Embassy Indonesia, US Embassy Jakarta, US Tourist Visa, US Visa, US Visa and Immigration | No Comments »

A routinely asked question by many American Citizens who have been living overseas is: can I get an American tourist visa for my foreign girlfriend or boyfriend? In the context of Cambodia, the question is usually phrased as “Can I get my Cambodian girlfriend (or boyfriend) a US Tourist visa?” In most cases, the applicant cannot obtain a United States tourist visa pursuant to section 214(b) of the United States Immigration and Nationality Act.

For those who are unfamiliar with the American Immigration process or the visa application process, the United States offers a recreational visa for foreign nationals under the category B-2. The B2 visa is highly sought after by those wishing to travel to the United States for recreational purposes. That said, the US Tourist visa application, and virtually all non-immigrant visa applications, requires that the applicant have true Non-Immigrant intent when traveling to the United States of America. Furthermore, pursuant to language contained in section 214(b) of the United States Immigration and Nationality Act a Consular Officer is required to presume that all non-immigrant visa applicants are actually intending immigrants unless evidence can be produced to the contrary. This creates a so-called “strong ties” vs. “weak ties” analysis whereby an applicant must show that he or she has strong ties to, in this scenario, Cambodia (or another country outside of the USA) and weak ties to the United States. Oftentimes, the mere existence of an American Citizen significant other is a mitigating factor in favor of denial. Therefore, those boyfriends and girlfriends of US Citizens applying for US tourist visas find their applications rejected pursuant to 214b.

Those who wish to reside in the United States should not apply for a Tourist visa. However, in the past, some tried to use the US tourist visa as a method of circumventing the comparatively longer processing times of the K1 visa (for foreign fiancees) or the Immigrant visas (for the spouses of US Citizens or Lawful Permanent Residents). Under US Immigration law it is illegal to intentionally mislead an interviewing officer when applying for a visa. Therefore, those who apply for a B2 visa (or an F1 visa, J1 visa, or B1 visa for that matter) with the preconceived intention to use it to immigrate to the US could be severely penalized if the deception is discovered. For this reason, those who wish to bring a foreign loved one to the United States to reside are well advised to apply for a family based immigration petition rather than attempt to deceive Consular Officers abroad.

Even if a US Citizen’s girlfriend or boyfriend obtains a US visa, this does not necessarily mean that they will gain entry into the United States. In recent years, this author has noted that the United States Customs and Border Protection (USCBP) Service has been increasingly vigilant in watching for those “immigrants” traveling to the United States without proper documentation. Pursuant to legislation passed in the 1990s, USCBP is authorized to place those traveling to the US on tourist visas with undisclosed immigrant intent into expedited removal. Those who are removed from the United States in this manner may be ineligible to return for a substantial period of time.

Those seeking non-immigrant visa benefits are well advised to be clear and honest on a visa application. While those who wish to bring a fiance or spouse to the USA to reside should seriously consider the status of their relationship and submit an application or petition that accurately reflects the parties’ intentions.

For related information please see: US Visa Thai Girlfriend or K1 Visa Cambodia.

Tags: American Tourist Visa, American Visa Cambodia, B1 visa, B2 Visa, expedited removal, F1 Visa, Fiance Visa Cambodia, J1 visa, K1 Visa, US Tourist Visa, US Visa Cambodia, US Visa Process
Posted in CR1 Visa, IR1 Visa, J1 visa, K1 Visa, K2 Visa, K3 Visa, US Embassy Cambodia, US Embassy Phnom Phen | No Comments »

Those familiar with this blog may recall that new measures have been implemented that can have an effect upon those traveling to the United States on the Visa Waiver Program. The Department of State (DOS) recently released a cable which outlines soon-to-be implemented changes to the Electronic System for Travel Authorization (ESTA). The following is quoted directly from the Department of State Cable as distributed by the American Immigration Lawyers Association (AILA):

Summary: This cable provides additional information on implementation of the Travel Promotion Act of 2009 (TPA) and fee collection for the Electronic System for Travel Authorization (ESTA), requests posts to engage in outreach, and provides talking points. End summary.

3. As previously reported (Ref a), President Obama signed the TPA into law on March 4, 2010. The TPA will create a partnership between the U.S. government and the private sector to market the United States as a travel destination for international visitors. Fees collected from international travelers from Visa Waiver Program (VWP) countries, matched by private sector contributions, will fund the Corporation for Travel Promotion. The fees will be collected through the ESTA system, which the Department of Homeland Security (DHS) administers.

4. On August 6, 2010, DHS announced an interim final rule that amends DHS regulations to require travelers from VWP countries to pay operational and travel promotion fees when applying for ESTA beginning September 8, 2010. The total fee will be $14.00, with $4.00 to recover the cost of administering the ESTA system and $10.00 as mandated in the TPA.

5. The Department is working with DHS and the Department of Commerce to notify foreign and domestic media, the travel industry, and other stakeholders about this change. The Department requests that consular officers in VWP countries, in coordination with DHS and Commerce representatives, meet with host government officials, and airline, tourism, and other stakeholders to inform them of the new fee provisions connected to ESTA. Please contact the ESTA Program Management Office [redacted] for outreach materials or requests for ESTA representatives to travel in-country. They will do their best to accommodate. This cable is being sent as an ALDAC to facilitate all posts answering questions from citizens of VWP countries and the general public.

6. The Department supports the TPA goal of attracting international visitors to the United States. Our greatest diplomatic tool for sharing American values is America itself, and we recognize the critical importance of travel and tourism to our economy and job creation. The Department looks forward to working with the Corporation for Travel Promotion to ensure that prospective visitors to the United States receive comprehensive, up-to-date information on travel documents and requirements for entry.

The Travel Promotion Act mentioned above will likely have significant consequences for those foreign nationals traveling to the United States pursuant to the conditions of the visa waiver program. Therefore, those originating in a country that has visa-free travel privileges to the USA may be wise to research both the US Visa Waiver Program and the ESTA program. Fortunately, the aforementioned cable also included a Frequently Asked Questions Section. The following FAQ’s were quoted from the previously mentioned DOS cable distributed by AILA:

Q. What is the new fee charged to travelers?
A. It is $14.00. Since the implementation of ESTA, DHS has had discretion to charge a fee to cover administrative costs. DHA determined that cost to be $4.00 per registration. The TPA fee adds an additional $10.00.

Q. When will the fee go into effect?
A. ESTA registrations on or after September 8, 2010, will be subject to the fee.

Q. How do travelers pay the fee?
A. At this time, payment is required through the following credit cards: Mastercard, Visa, American Express, and Discover. Payments can also be made with a debit card that holds the Visa or Mastercard symbol. Please check with your bank on the compatibility of your debit card. We are continuing to explore other payment measures. The ESTA registration form already in use will walk users through the payment process.

Q. What types of privacy protection exist on the website?
A. “Pay.gov” uses advanced encryption to protect transactions while applicants are logged in. When accessing a profile, any account numbers entered will be masked on-screen.

Q. How long are ESTA approvals valid?
A. Each approved ESTA application will be valid for a period of two years unless the traveler’s passport expires sooner. It allows for multiple visits to the United States within that application.

Q. If I have a valid ESTA, will I have to re-register when the new fees go into effect?
A. No, existing ESTA registrations remain valid for travel through their expiration date.

Q. Is ESTA approval like a visa?
A. An ESTA approval is not a visa under U.S. law, nor does it confer the same benefits as a visa.

Q. Will this attract more international visitors to the United States?
A. Oxford Economics, a leading economic forecasting consultancy, estimates that the TPA program will generate $4 billion in new visitor spending, and lead to the creation of 40,000 new jobs.

Q. Why do VWP countries have to fund this travel promotion program through ESTA fees?
A. Some countries fund tourism promotion through airline or hotel taxes. The Travel Promotion Act legislation specified that the U.S. government fund this program through a $10 fee added to ESTA registration.

8. The following are Visa Waiver Program member countries: Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, The Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, and the United Kingdom…

At the time of this writing, the Kingdom of Thailand is not a member of the United States Visa Waiver Program. Therefore, ESTA rules have little impact upon most Thai nationals. That said, as pointed out in previous blog posts, relevant regulations may require those who have been issued a 221g refusal to disclose this refusal as a “visa denial” for purposes of travel to the USA on the Visa Waiver Program. It would seem that at the time of this writing the Department of State and the United States Customs and Border Protection Service (USCBP), an agency under the authority of the US Department of Homeland Security, view 221(G) refusals differently. Those who have been issued a 221g who still wish to travel to the United States may be wise to contact a US lawyer in order to deal with a pending 221g refusal.

Those who are from countries that do not participate in the Visa Waiver Program should seek a US visa before traveling to the USA. For information about the US Tourist Visa please see: B2 visa.

Tags: 221(g) refusal, 221g, 221g denial, B2 Visa, Department of Homeland Security, DHS, Electronic System for Travel Authorization, ESTA, United States Customs and Border Protection Service, US Tourist Visa, US Visa Waiver Program, USCBP, Visa Waiver Program
Posted in American Institute Taiwan, Department of Homeland Security, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Thailand, US Embassy Tokyo, US Embassy Vietnam, US Embassy Yangon, US Tourist Visa, US Visa, US Visa and Immigration, USCBP | No Comments »

Laypeople sometimes confuse the process of adjustment of status with the change of status process. This confusion is directly related to the subject of this post: change of status from US Tourist Visa status to US Student Visa status. Many are under the mistaken impression that it is legal to attend school in the USA on a tourist visa. This is not the case. In a recent announcement promulgated by the US Department of Homeland Security and distributed by the American Immigration Lawyers Association (AILA), the question was posed: “Is it permissible to enroll in school while in B-1/B-2 status?” The answer is quoted directly from the aforementioned announcement:

No, it is not. The regulations, at 8 CFR 214.2(b)(7), specifically prohibit study in the United States while in B-1 or B-2 status.

Before enrolling in classes, individuals who are in B-1 or B-2 status must first acquire F-1 (academic student) or M-1 (vocational student) status. Enrolling in classes while in B-1/B-2 status will result in a status violation. Individuals in B-1 or B-2 status, who have violated their nonimmigrant status by enrolling in classes, are not eligible to extend their B status or change to F-1 or M-1 status. Theseregulations provide no exceptions.

If you currently hold B-1 or B-2 nonimmigrant status and would like to enroll in classes, you may apply for a change of status to F-1 or M-1, as appropriate, if:

You have not yet enrolled in classes
Your current status has not expired
You have not engaged in unauthorized employment

To change your nonimmigrant status from B-1/B-2 to F-1 or M-1, you must file an Application to Extend/Change Nonimmigrant Status (Form I-539), and include the required fee and documents listed in the filing instructions.

Please Note:

If you enroll in classes before USCIS approves your Form I-539, you will be ineligible to change your nonimmigrant status from B to F or M. If you are applying to extend your B-1/B-2 stay and you have already enrolled in classes, USCIS cannot approve your B-1/B-2 extension because of the status violation.

For some, the change of status process can be confusing and difficult as few are familiar with DHS forms and protocols, but for those who obtain an F1 visa, the educational rewards can offset the time and resources expended obtaining the visa. Those who are not eligible to receive a change of status may find the following excerpt from the previously mentioned announcement helpful:

If you are not eligible to change your nonimmigrant status to F-1 or M-1, you may apply for an F-1 or M-1 visa at a consular post abroad…We encourage all students and prospective students to work closely with their designated school official (DSO) to coordinate the timing of applying for change of status and enrolling in classes.

Those staying in the United States on any type of visa are required by law to fully comply with the terms of their visa. Failure to do so could lead to severe civil and criminal penalties. Those wishing to travel to the United States of America are well advised to seek the type of visa that truly comports with proposed activity in the USA. As extraneous circumstances can cause unforeseen problems it may be necessary to apply for a change of status if one’s current visa does not provide proper benefits.

Adjustment of status, which can be confused with changing status, is the process of switching a foreign national from a non-immigrant visa to Lawful Permanent Residence (Green Card). Those traveling to the United States of America on a K1 visa must adjust their status within 90 days of their arrival after their marriage to the US Citizen petitioner.

For more about adjusting status please see: adjustment of status.

Tags: Adjustment of Status, American Visa, B-1 Visa, B-2 Visa, B1 visa, B2 Visa, change of status, F-1 Visa, F1 Visa, I-485, K-1 Visa, K1 Visa, Parachute Students, US Student Visa, US Tourist Visa, US Visa, USA Visa
Posted in Adjustment of Status, American Institute Taiwan, Department of Homeland Security, F1 Visa Thailand, K1 Visa, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Thailand, US Embassy Tokyo, US Embassy Vietnam, US Embassy Yangon, US Tourist Visa, US Visa, US Visa and Immigration | No Comments »

In a recent announcement from the American Department of State it was revealed that those agencies tasked with issuing US visas are to add security features to American travel documents issued to foreign nationals. To quote the announcement as posted on the American Immigration Lawyers Association (AILA) website:

This public notice announces an amendment to the Biometric Visa Program. Section 303 of the Enhanced Border Security and Visa Entry Reform Act of 2002 has required, since October 26, 2004, that all visas issued by the Department must be machine-readable and tamper-resistant and use biometric identifiers. In consultation with the Department of Homeland Security (DHS) and the Department of Justice (DOJ), the Department determined that fingerprints and a photo image should be required as biometric identifiers. When the biometric visa program began, available technology allowed for the efficient capture and comparisons of only two fingerscans. As a result of technological improvements, the Department instituted a ten fingerscan standard to raise the accuracy rate in matching fingerscans and enhanced our ability to detect and thwart persons who are eligible for visas.

As implied above, the Department of States is not the only American agency which will have a role in creating more effective security enhancements for American visas. The Department of Homeland Security will also play a part in this important endeavor. To further quote the announcement posted on the AILA website:

In establishing the Biometric Visa Program, the Department coordinated closely with the Department of Homeland Security (DHS). The Biometric Visa Program is a partner program to the DHS US-VISIT Program that is in effect at U.S. ports of entry and that uses the same biometric identifiers. By coordinating these two programs, the two departments have ensured the integrity of the U.S. visa. This is accomplished by sending the fingerscans and photos of visa applicants to DHS databases. When a person to whom a visa has been issued arrives at a port of entry, his or her photo is retrieved from a database and projected on the computer screen of the Customs and Border Protection officer. The person’s fingerscans are compared to the fingerscans in the database to ensure that the person presenting the visa is the same as the person to whom the visa was issued.

The new security features are likely be used for visa categories such as the K1 visa, the K3 Visa, and the common US Family Immigrant visas (CR1 Visa, IR1 visa) not to mention the non-immigrant visa categories such as the B1 visa and the B2 visa. That said, it seems unlikely that this will have an adverse impact upon those who seek a US visa in compliance with relevant US law.

Although the full-scale implementation of this program has yet to take effect, there are many who feel that more effective security measures will help ensure that there will be less fraud perpetrated against the United States government by foreign nationals wishing to illegally enter the USA.

For further information specifically related to US Consular Processing in Thailand please see: US Embassy Thailand.

Tags: B1 visa, B2 Visa, Consular Processing, CR1 Visa, Fiance Visa, IR1 Visa, K1 Visa, K3 Visa, us embassy thailand, US Visa
Posted in CR1 Visa, Department of Homeland Security, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Consulate ChengDu, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Tourist Visa, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »