Integrity Legal

Posts Tagged ‘IR-1 Visa Thailand’

3rd January 2017

It recently came to this blogger’s attention that the officials of the Royal Thai Immigration Police have made policy changes regarding passport holders of certain countries. It appears that passport holders from 37 different countries will now be able to obtain a 30 day visa exemption stamp by crossing a land border into Thailand. The recently announced list includes the following countries:

Australia, Austria, Belgium, Bahrain, Brunei, Czech Republic, Denmark, Estonia, Finland, Greece, Hungary, Iceland, Indonesia, Ireland, Israel, Kuwait, Liechtenstein, Luxembourg, Malaysia, Monaco, Netherlands, New Zealand, Norway, Oman, Philippines, Poland, Portugal, Qatar, Singapore, Slovakia, Slovenia, Spain, South Africa, Sweden, Switzerland, and Turkey

It should be noted that most holders of passports on the above list were already eligible to receive 30 day exemption stamps when arriving at one of Thailand’s many international airports. However, 30 day exemption stamps were apparently not available when arriving at land borders. While this liberalization is likely welcome news to prospective tourists who wish to travel to countries surrounding Thailand it should be be analyzed in conjunction with recent announcements regarding so-called border runs.

As previously noted on this blog and other sites, Thai border runs are effectively a thing of the past as recent laws have been enacted which bar individuals from making border runs more than 2 times per calendar year. Although this new rule is unlikely to impact genuine tourists in Thailand, those who have used ostensibly temporary visas and visa exemption stamps to live in Thailand are likely to find maintaining their status in this way to be very difficult in the future. This news comes at the same time as a number of foreign owned or managed businesses in Thailand are reporting significant increases in immigration inspections as well as well known hostels are being raided by those seeking not only criminals, but over-stayers in particular. How this will all play out in 2017 remains to be seen, but one thing is certain: staying long term in Thailand is becoming increasingly difficult, expensive, and time consuming.

Meanwhile, as Thai Immigration cracks down, it appears that the Department of Homeland Security’s United States Citizenship and Immigration Service (USCIS) has made new regulations regarding the forms which must be submitted in connection with petitions for various immigration benefits. Forms such as the I-130 (associated with spousal immigration petitions for visas such as the CR-1 or the IR-1) have been upgraded and apparently the USCIS will no longer accept forms of an older pedigree. The same is apparently true with respect to the I-129f (the form associated with the K-1 visa used to bring fiancees of American Citizens to the USA) as that form has been updated.

Concurrently, it appears that there has been an across-the-board increase in the fees associated with the filing of certain immigration petitions. It is advised that those interested in this matter either speak with a qualified professional or conduct their own research to ascertain the current costs and fees associated with a visa to the USA.

more Comments: 04

19th April 2011

For those who follow this blog with any degree of regularity it may have noticed that the administration routinely posts the updated processing times for the United States Citizenship and Immigration Service (USCIS). To quote directly from the official website of USCIS:

Field Office Processing Dates for California Service Center as of: February 28, 2011
Form Title Classification or Basis for Filing: Processing Timeframe:
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 2.5 Months
I-129 Petition for A Nonimmigrant Worker Blanket L 2 Months
I-129 Petition for A Nonimmigrant Worker E – Treaty traders and investors 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Visa to be issued abroad 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Change of status in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Extension of stay in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-2A – Temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-2B – Other temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-3 – Temporary trainees 2 Months
I-129 Petition for A Nonimmigrant Worker L – Intracompany transfers 1 Months
I-129 Petition for A Nonimmigrant Worker O – Extraordinary ability 2 Weeks
I-129 Petition for A Nonimmigrant Worker P – Athletes, artists, and entertainers 2 Weeks
I-129 Petition for A Nonimmigrant Worker Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process 2 Months
I-129 Petition for A Nonimmigrant Worker R – Religious occupation 2 Months
I-129 Petition for A Nonimmigrant Worker TN – North American Free Trade Agreement (NAFTA) professional 2 Months
I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-129F Petition for Alien Fiance(e) K-3/K-4 – Already married – spouse and/or dependent child 5 Months
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 September 27, 2007
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 May 7, 2010
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 June 1, 2010
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister April 25, 2007
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants September 16, 2010
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Religious workers September 16, 2010
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications July 16, 2010
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States 5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications 2.5 Months
I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution 4 Months
I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents 6 Months
I-765 Application for Employment Authorization Based on an approved asylum application [(a)(5)] 3 Months
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] 3 Months
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] 3 Weeks
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] 3 Months
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] 3 Months
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] 3 Months
I-765 Application for Employment Authorization All other applications for employment authorization 3 Months
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program 6 Months
I-821 Application for Temporary Protected Status El Salvador extension October 16, 2010
I-821 Application for Temporary Protected Status El Salvador initial or late filing October 16, 2010
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension October 16, 2010
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing October 16, 2010
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition 3 Months
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) 6 Months
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 September 12, 1997
Field Office Processing Dates for Nebraska Service Center as of: February 28, 2011
Form Title Classification or Basis for Filing: Processing Timeframe:
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 2.5 Months
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 5 Months
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister April 16, 2005
I-131 Application for Travel Document Refugee or asylee applying for a refugee travel document 3 Months
I-131 Application for Travel Document Permanent resident applying for a re-entry permit 3 Months
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole 3 Months
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole 3 Months
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-140 Immigrant Petition for Alien Worker Extraordinary ability 4 Months
I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher 4 Months
I-140 Immigrant Petition for Alien Worker Multinational executive or manager 4 Months
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability 4 Months
I-140 Immigrant Petition for Alien Worker Skilled worker or professional October 21, 2010
I-140 Immigrant Petition for Alien Worker Unskilled worker 4 Months
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver October 16, 2010
I-140 Immigrant Petition for Alien Worker Schedule A Nurses 4 Months
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal November 9, 2008
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 5 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Violence Against Women Act (VAWA) November 9, 2008
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Religious workers 5 Months
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Based on refugee admission more than 1 year ago 4 Months
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States 5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications 2.5 Months
I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution 4 Months
I-730 Refugee/Asylee Relative Petition Petition for accompanying family members of a refugee or an asylee 5 Months
I-765 Application for Employment Authorization Based on an approved asylum application [(a)(5)] 3 Months
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] 3 Months
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] 3 Weeks
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] 3 Months
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] 3 Months
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] 3 Months
I-765 Application for Employment Authorization All other applications for employment authorization 3 Months
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program 6 Months
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition 3 Months
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) 6 Months
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 6 Months
I-90 Application to Replace Permanent Resident Card Initial issuance or replacement 3.5 Months
I-90 Application to Replace Permanent Resident Card 10-year renewal 3.5 Months
I-90A Application to Replace Permanent Resident Card Initial issuance or replacement for Special Agricultral Workers (SAW) 3.5 Months
N-565 Application for Replacement Naturalization/Citizenship Document U.S. citizen applying for a replacement of naturalization or citizenship certificate 6 Months
N-600 Application for Certification of Citizenship Application for recognition of U.S. citizenship 5 Months
N-643 Application for Certification of Citizenship on Behalf of an Adopted Child Application for recognition of U.S. citizenship on behalf of an adopted child 5 Months
Field Office Processing Dates for Texas Service Center as of: February 28, 2011
Form Title Classification or Basis for Filing: Processing Timeframe:
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 November 7, 2010
I-129 Petition for A Nonimmigrant Worker Blanket L 2 Months
I-129 Petition for A Nonimmigrant Worker E – Treaty traders and investors December 27, 2007
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Visa to be issued abroad 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Change of status in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Extension of stay in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-1C – Nurses 2 Months
I-129 Petition for A Nonimmigrant Worker H-2A – Temporary workers December 27, 2007
I-129 Petition for A Nonimmigrant Worker H-2B – Other temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-3 – Temporary trainees 2 Months
I-129 Petition for A Nonimmigrant Worker L – Intracompany transfers 1 Months
I-129 Petition for A Nonimmigrant Worker O – Extraordinary ability 2 Weeks
I-129 Petition for A Nonimmigrant Worker P – Athletes, artists, and entertainers 2 Weeks
I-129 Petition for A Nonimmigrant Worker Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process 2 Months
I-129 Petition for A Nonimmigrant Worker R – Religious occupation 2 Months
I-129 Petition for A Nonimmigrant Worker TN – North American Free Trade Agreement (NAFTA) professional 2 Months
I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-129F Petition for Alien Fiance(e) K-3/K-4 – Already married – spouse and/or dependent child 5 Months
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 5 Months
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister 5 Months
I-131 Application for Travel Document Refugee or asylee applying for a refugee travel document 3 Months
I-131 Application for Travel Document Permanent resident applying for a re-entry permit 3 Months
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole 3 Months
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole 3 Months
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-140 Immigrant Petition for Alien Worker Extraordinary ability August 25, 2010
I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher August 26, 2010
I-140 Immigrant Petition for Alien Worker Multinational executive or manager August 27, 2010
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability August 29, 2010
I-140 Immigrant Petition for Alien Worker Skilled worker or professional August 31, 2010
I-140 Immigrant Petition for Alien Worker Unskilled worker September 1, 2010
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver August 30, 2010
I-140 Immigrant Petition for Alien Worker Schedule A Nurses August 28, 2010
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal June 30, 2009
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 5 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Violence Against Women Act (VAWA) June 30, 2009
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Religious workers 5 Months
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications August 11, 2010
I-485 Application to Register Permanent Residence or to Adjust Status Under the Haitian Refugee Immigrant Fairness Act (HRIFA) 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Under the Indochinese Adjustment Act 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Under the Nicaraguan and Central American Relief Act (NACARA) 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago October 2, 2010
I-485 Application to Register Permanent Residence or to Adjust Status Based on refugee admission more than 1 year ago 4 Months
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States September 29, 2008
I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution 4 Months
I-730 Refugee/Asylee Relative Petition Petition for accompanying family members of a refugee or an asylee September 27, 2010
I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents June 29, 2008
I-765 Application for Employment Authorization Based on an approved asylum application [(a)(5)] 3 Months
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] 3 Months
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] 3 Weeks
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] 3 Months
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] 3 Months
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] 3 Months
I-765 Application for Employment Authorization All other applications for employment authorization 3 Months
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program 6 Months
I-821 Application for Temporary Protected Status El Salvador extension 3 Months
I-821 Application for Temporary Protected Status El Salvador initial or late filing 3 Months
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension 3 Months
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing 3 Months
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition July 11, 2010
I-90 Application to Replace Permanent Resident Card Initial issuance or replacement March 1, 2010
I-90 Application to Replace Permanent Resident Card 10-year renewal September 30, 2007
N-565 Application for Replacement Naturalization/Citizenship Document U.S. citizen applying for a replacement of naturalization or citizenship certificate 6 Months
N-600 Application for Certification of Citizenship Application for recognition of U.S. citizenship 5 Months
Field Office Processing Dates for Vermont Service Center as of: February 28, 2011
Form Title Classification or Basis for Filing: Processing Timeframe:
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 2.5 Months
I-129 Petition for A Nonimmigrant Worker Blanket L 2 Months
I-129 Petition for A Nonimmigrant Worker E – Treaty traders and investors 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Visa to be issued abroad 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Change of status in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-1B – Specialty occupation – Extension of stay in the U.S. 2 Months
I-129 Petition for A Nonimmigrant Worker H-1C – Nurses 2 Months
I-129 Petition for A Nonimmigrant Worker H-2A – Temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-2B – Other temporary workers 1 Months
I-129 Petition for A Nonimmigrant Worker H-3 – Temporary trainees 2 Months
I-129 Petition for A Nonimmigrant Worker L – Intracompany transfers 1 Months
I-129 Petition for A Nonimmigrant Worker O – Extraordinary ability 2 Weeks
I-129 Petition for A Nonimmigrant Worker P – Athletes, artists, and entertainers 2 Weeks
I-129 Petition for A Nonimmigrant Worker Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process 2 Months
I-129 Petition for A Nonimmigrant Worker R – Religious occupation 2 Months
I-129 Petition for A Nonimmigrant Worker TN – North American Free Trade Agreement (NAFTA) professional 2 Months
I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-129F Petition for Alien Fiance(e) K-3/K-4 – Already married – spouse and/or dependent child 5 Months
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 September 11, 2010
I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 5 Months
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister July 3, 2010
I-131 Application for Travel Document Refugee or asylee applying for a refugee travel document July 31, 2010
I-131 Application for Travel Document Permanent resident applying for a re-entry permit July 31, 2010
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole 3 Months
I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole 3 Months
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-140 Immigrant Petition for Alien Worker Extraordinary ability August 26, 2010
I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher August 27, 2010
I-140 Immigrant Petition for Alien Worker Multinational executive or manager August 28, 2010
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability August 30, 2010
I-140 Immigrant Petition for Alien Worker Skilled worker or professional September 1, 2010
I-140 Immigrant Petition for Alien Worker Unskilled worker September 2, 2010
I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver August 31, 2010
I-140 Immigrant Petition for Alien Worker Schedule A Nurses August 29, 2010
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal 4 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants 5 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Violence Against Women Act (VAWA) 5 Months
I-360 Petition for Amerasian, Widow(er), or Special Immigrant Religious workers 5 Months
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications October 23, 2010
I-485 Application to Register Permanent Residence or to Adjust Status Under the Haitian Refugee Immigrant Fairness Act (HRIFA) 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Under the Indochinese Adjustment Act 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Under the Nicaraguan and Central American Relief Act (NACARA) 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago 4 Months
I-485 Application to Register Permanent Residence or to Adjust Status Based on refugee admission more than 1 year ago 4 Months
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States 5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors 2.5 Months
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications 2.5 Months
I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution 4 Months
I-730 Refugee/Asylee Relative Petition Petition for accompanying family members of a refugee or an asylee 5 Months
I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents 6 Months
I-765 Application for Employment Authorization Based on an approved asylum application [(a)(5)] 3 Months
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] 3 Months
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] 3 Weeks
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] 3 Months
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] October 31, 2010
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] 3 Months
I-765 Application for Employment Authorization All other applications for employment authorization 3 Months
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program 6 Months
I-821 Application for Temporary Protected Status El Salvador extension October 31, 2010
I-821 Application for Temporary Protected Status El Salvador initial or late filing October 31, 2010
I-821 Application for Temporary Protected Status Honduras and Nicaragua extension October 31, 2010
I-821 Application for Temporary Protected Status Honduras and Nicaragua initial or late filing October 31, 2010
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition 3 Months
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) 6 Months
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 6 Months
I-90 Application to Replace Permanent Resident Card Initial issuance or replacement 3.5 Months
I-90 Application to Replace Permanent Resident Card 10-year renewal March 31, 2009
N-565 Application for Replacement Naturalization/Citizenship Document U.S. citizen applying for a replacement of naturalization or citizenship certificate 6 Months
N-600 Application for Certification of Citizenship Application for recognition of U.S. citizenship 5 Months
N-643 Application for Certification of Citizenship on Behalf of an Adopted Child Application for recognition of U.S. citizenship on behalf of an adopted child 5 Months

It should be noted that these processing times only represent the processing times for USCIS. During the US visa process, an applicant for, say, a K-1 visa (US fiance visa) or a CR-1 visa (or any visa which requires an approved immigration petition) must undergo Consular Processing following USCIS approval. Therefore, in most cases the approved petition will be sent to the National Visa Center (NVC) before being forwarded to the US Embassy or US Consulate with appropriate jurisdiction. Meanwhile, those who utilize Direct Consular Filing methods or submit an I-130 petition with USCIS abroad should disregard the times noted above as they only pertain to USCIS Service Centers in the USA.

For related information please see: US Embassy Thailand or Consular Processing.

more Comments: 04

6th April 2011

It recently came to this blogger’s attention that the Center for Disease Control and the United States Department of State are likely to begin imposing more stringent regulations upon visa applicants, especially immigrant visa applicants, seeking a travel document for lawful admission to the United States of America. According to research conducted by the administration of this blog as well as credible anecdotal evidence it would appear that those with tuberculosis or those who have previously had tuberculosis are likely to be required to undergo intense screening in order to ascertain whether the applicant has fully recovered from the disease and poses no threat of future contagion.

In the past, tuberculosis has been a significant issue for those within the consular jurisdiction of the US Embassy Thailand as the applicants applying for visas at the US Embassy in Bangkok and the US Consulate Chiang Mai are sometimes found to either have tuberculosis or to have had it previously. The major issue associated with Consular Processing is timing. Even for those who no longer have TB, it could take a matter of weeks or even months to undergo testing necessary to prove that the disease has been treated to such a degree that contagion is no longer an issue.

Meanwhile, there are likely to be rule changes regarding X-rays as well. For example, in the past it was possible to have the required chest X-ray waived for pregnant women. It has come to this blogger’s attention that such waivers are unlikely to continue to be granted. Therefore, those pregnant spouses and fiancees of American Citizens or Lawful Permanent Residents seeking visas such as the K-1 visa, the K-3 visa, the CR-1 visa, or the IR-1 visa are likely to be required to either undergo an X-ray while using a lead screen to shield the fetus or await the birth of the child and then see that the mother undergoes an X-ray post-pregnancy. As to children, it would appear as though child seekers of visas such as the K-2 visa, K-4 visa, or the IR-2 visa may be required to have skin tests to check for illnesses. It may also prove necessary for children to be X-rayed in connection with diseases such as tuberculosis.

Notwithstanding upcoming changes some recent changes to the rules regarding disease and admission to the United States have resulted in more lax requirements for visa applicants. For example, only relatively recently have visa applicants seen the restrictions imposed on those with HIV lifted. Bearing this in mind, the reader should note that the removal of the imposition of inadmissibility upon HIV infected immigrants does not mean that it is necessarily easy to gain admission to the United States for those with HIV as such visa applications are generally subjected to intense scrutiny to ascertain whether the intending immigrant has adequate medical coverage for the duration of their lawful status in the United States. In the past, those infected with HIV needed an I-601 waiver in order to overcome the legal grounds of inadmissibility. As HIV infection is no longer a legal grounds of inadmissibility an I-601 waiver is no longer required under such circumstances.

more Comments: 04

6th December 2010

In an interesting recent decision by the United States Circuit Court of Appeals for the 8th Circuit the Court found that they indeed have the prerogative to review and rescind an I-130 denial. The following is a direct quotation from the Court’s opinion which was distributed by the American Immigration Lawyers Association (AILA):

In addition, interpreting the statutory language as the government advocates would force this court to classify every decision involving fact-finding by the Attorney General as discretionary and would remove all such decisions from judicial review. That is not a reasonable interpretation in light of the provisions of the Immigration and Nationality Act itself setting forth our standard of review for factual determinations in removal proceedings.

As one could likely gather from the above cited quote, the United States government’s position regarding denial of I-130 petitions basically could have created a situation in which Courts would not be able to review the decisions made by adjudicators at the United States Citizenship and Immigration Service (USCIS). It was interesting that the Court was not persuaded by this argument and reviewed the decision notwithstanding government objection.

For those who are unaccustomed to the US visa process, the I-130 petition is generally the first step in bringing an alien immediate relative to the USA. This petition is often utilized by those wishing to bring a foreign spouse to the United States. In cases where the I-130 petition is approved, the case file is usually forwarded on to the United States National Visa Center (NVC) which is an agency under the jurisdiction of the American State Department. The NVC acts as a sort of clearinghouse for visa applications. Therefore a Vietnamese spouse will likely process his or her visa application at the United States Consulate in Ho Chi Minh City via the NVC. Meanwhile, a Thai spouse will likely process his or her visa application through the US Embassy in Bangkok by way of the National Visa Center. Chinese spouses may process through one of the many US Consulates in China or the US Embassy in Beijing. The same can be said for India as the US Missions in both countries have dramatically changes Consular Processing procedures to provide more convenient options to American visa seekers after NVC processing.

The issue of judicial review in matters pertaining to United States immigration is a complicated one. Therefore, differing aspects of the US visa process may be subject to varying levels of judicial review depending upon the circumstances of a given case. For this reason some bi-national couples opt to retain attorney assistance in processing visa petitions and applications as a licensed professional can provide significant insight into overall processing procedures and provide strategies for streamlining the visa process.

Fore related information please see: K1 Visa Thailand, IR1 Visa Thailand, or CR1 Visa Thailand.

more Comments: 04

30th January 2010

The US visa process is a time consuming endeavor, but for those who eventually obtain a visa the process can seem well worth the wait as United States Permanent Residence entails both the right to remain in the USA as well as the right to take up employment. The Resident Alien Card, also know as the “Green Card,” is a very important document for US permanent residents. Upon entry in the United States on an Immigrant visa (such as an IR-1 visa or CR-1 visa), the entrant is given an I-551 stamp in his or her passport. This stamp is, for all intents and purposes, the entrant’s “green Card,” until a proper resident alien card is issued. In the past, Resident Alien Cards were sent to American lawful permanent residents by mail, but there were situations where the Resident Alien did not receive there “Green Card” and this caused problems. In a recent USCIS stakeholder’s meeting this issue was discussed as the following question was posed:

“According to current USCIS practice, when a green card is sent to an address, but the applicant does not receive it, and the package is not returned to USCIS as undeliverable, the client must pay a $370 fee to request another card. This is very difficult for indigent clients. Given the importance of this document, could USCIS institute a policy of sending green cards by certified mail, return receipt requested?”

The issues involved in this question impact aliens in the USA on a daily basis and luckily the United States Citizenship and Immigration Service (USCIS) appears to have come up with a solution to deal with this problem. The details of this solution are contained in the Service’s response below:

“USCIS has developed a means to deliver our secure documents called the Secure Mail Initiative (SMI). This involves sending the secure documents using U.S. Postal Service Priority Mail with Delivery Confirmation. Using this process allows us to track each individual piece of mail electronically through the U.S. Postal Service and speeds our delivery time while enhancing accountability to customers. Currently, we are experiencing tremendous success with SMI in our travel booklet product line (Refugee Travel Documents, Form I-571 and Re-entry Permits, Form I-327).”

Hopefully the Secure Mail Initiative will solve this problem in the vast majority of cases. Although no plan is perfect, it seems like this new method of mailing important immigration documentation will ensure document receipt in most cases as the recipient, or someone in the same household, will be required to confirm delivery of this documentation.

This issue is not only relevant for those with an Immigrant visa, it is also of importance for those who enter the USA on a K1 visa or a K-3 Visa as these travel documents are dual intent visas and require adjustment of status in order for the alien spouse to remain in the USA in Lawful Permanent Resident Status. Assuming that the I-485 adjustment of status application is approved, the alien will receive his or her resident alien card in the mail as well. Due to timing issues, the Secure Mail Initiative may be as beneficial, if not more so, to immigrants in these visa categories as it is more likely that these aliens will have changed their address while awaiting approval of the adjustment of status application.

We at Integrity Legal commend USCIS for taking this issue seriously and providing a workable solution to what can be a difficult problem.

more Comments: 04

5th January 2010

For more information about how the IR-1 visa process works please see: IR1 visa Thailand. For further information about United States Immigration, United States Visas, and United States Immigration attorneys please see: US Visa Thailand.

The IR-1 visa in 2010

As with many of the other types of American visas, the IR-1 visa process seems poised to remain largely unchanged in the year 2010. However, the dawning of a new year, and a new decade, provides this author with an opportunity to discuss the IR-1 visa and how the IR1 visa process works.

For those who are not familiar with the IR1 visa, this is an immigrant visa, sought pursuant to a filing of an I-130 application, for those who wish to travel to the United States of America in order to take up lawful permanent residence. It is a travel document similar to the CR-1 visa. That being said, there is a major difference in the type of status each document confers upon entry in the United States. An IR-1 visa provides the bearer with unconditional lawful permanent residence upon entry. Whereas the CR-1 visa only provides the bearer with conditional lawful permanent residence upon admission to the USA. This can be a crucial difference as conditional residence requires that the couple file for a lift of conditions in order for the foreign spouse to be considered an unconditional lawful permanent resident. This is a critical difference because it means that a foreign spouse who enters in CR-1 status is considered a permanent resident only so long as her marriage remains intact. A divorce or death could lead to a situation where the foreign spouse is forced to depart the United States.

Fortunately for some couples, the conditionality of permanent residence is adjudicated at admission to the United States. Therefore, those who were married less than two years when they applied may be married more than 2 years at admission. In many cases, these couples will have the foreign spouse enter in IR-1 status rather than CR-1 status in order to facilitate later convenience.

CR-1 and IR-1 visas are currently taking approximately 5 months to process through the United States Citizenship and Immigration Service (USCIS) in the United States. This figure presupposes that the foreign beneficiary is a child or spouse of a United States Citizen. The process is very similar to the CR-1 visa process. That being said, there are those in Thailand who opt to submit a local filing at the USCIS office in Bangkok which can greatly reduce the processing time because USCIS: Bangkok has a much lower case load of such petitions when compared to the Service Centers in the United States of America. Also, a local filing does not process through the National Visa Center which can decrease the overall processing time as well.

In order to submit a local filing the couple must meet some fairly strict criteria, but should these requirements be met, the expedited processing time could be a virtual boon to those wishing to move quickly.

more Comments: 04

23rd December 2009

For those who have been married to an alien spouse for less than 2 years, the only immigrant visa category that the couple may apply for is a CR1 visa. For those who have been married for more than 2 years at the time of application an IR1 visa may be available. Usually, when the alien spouse travels to the United States of America on a CR1 visa he or she will be admitted with conditional lawful permanent residence. However, there is a question on the lips of many couples: what if we were married less than two years when we filed a visa application, but more than two years when we obtained the visa? The answer: the alien spouse’s status at entry may depend upon the duration of the marriage at the time of his or her admission to the United States of America.

For aliens with conditional lawful permanent residence, it is necessary to file for a lift of conditions before the alien will be granted unconditional lawful permanent residence.

When an alien is admitted to the United States, they must pass through a Customs and Border Protection checkpoint, this is commonly referred to as a port of entry. It is a common misconception that a US visa gives the visa holder the “right,” to enter the USA. In reality, a visa only provides the bearer with the right to travel to a US port of entry and ask for admission. When a CR1 visa holder travels to the USA they are admitted in lawful permanent residence, but the conditionality of that residence is determined by the Customs and Border Protection Officer admitting the alien. For couples who have had their two year anniversary before the alien spouse’s first trip to the USA, Customs and Border Protection will likely admit the alien spouse to unconditional permanent residence because conditionality is determined at the time of entry.

In some cases where a couple fails to meet the two year marriage requirement, but their second anniversary is in the very near future, it may be prudent for them to simply wait until after their second anniversary before the alien spouse asks for permission to enter the US for the first time. This way, the couple would not need to apply for a lift of conditions after the alien spouse enters the USA because the alien spouse will likely be granted unconditional permanent residence upon arrival in the United States.

more Comments: 04

9th July 2009

For Thai-American couples seeking Lawful Permanent Residence (Green Card) in the United States for the spouse of an American Citizen the options are either the CR-1 or IR-1 visa. A CR-1 (Conditional Resident) visa provides conditional lawful permanent residence to the visa holder while the IR-1 (Immediate Relative) visa provides unconditional permanent residence upon entry into the United States.  An often asked question with regard to these visas: what is the difference?

When seeking a United States visa for a Thai spouse, the classic method of obtainment is through filing an I-130 visa application. After the I-130 is approved by either a USCIS Service Center in the United States or USCIS Field office abroad, it will be forwarded to a US Diplomatic post that adjudicates Immigrant visas. In Thailand, the US Embassy in Bangkok processes all US Immigrant visa petitions. Assuming that a visa is ultimately approved, the Thai spouse shall be entitled to travel to the USA in order to take up residence.

For those holding a visa conferring conditional permanent residence, it will be necessary to eventually file to have the conditionality of the visa lifted. In practical terms, this means that the Thai wife’s residence will no longer be based upon her marriage to an American citizen.  Instead, the permanent residence will become independent and unconditional. For those who enter the USA on a conditional resident visa and subsequently end their marriage during the conditional period, loss of permanent residence is highly likely.

Some people confuse the lift of conditions with adjustment of status. In cases involving a K-1 visa for a Thai fiance, adjustment of status is the process of obtaining conditional permanent residence for the fiancee (now wife) after marriage in the United States.  For those couples who adjust status in the US, after the adjustment interview, should the application be approved, the adjustment date will be that written on the adjustment of status approval letter from USCIS.

One must file for a lift of conditions within 90 days of the two year anniversary of the the Thai spouse taking up residence, in the case of adjustment the two year anniversary will be marked from the date of  adjustment approval. For the Thai who enters on a CR-1 visa, it will be the date the Thai spouse entered the USA.

In order to obtain a lift of conditions the I-751 application must be filed with an approved by USCIS. After approval, the Thai spouse may remain in the United States permanently.

For related information please see: Thailand permanent residence

(This post is for educational purposes only. It is not meant to be legal advice. No lawyer/client relationship is formed by reading this information.)

more Comments: 04

The hiring of a lawyer is an important decision that should not be based solely on advertisement. Before you decide, ask us to send you free written information about our qualifications and experience. The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.