Integrity Legal

It recently came to this blogger’s attention that the US business visas categorized as the B-1 visa and the H-1B visa are making headlines on the World Wide Web. To quote directly from the official website of First Post, FirstPost.com:

Infosys announced on Tuesday that it had received a subpoena from a US District Court demanding documentation of its B1 visa usage, which is  the subject of a criminal investigation by the US Department of Justice (DOJ).

Those reading this web log are strongly encouraged to click upon the hyperlinks above in order to gain more perspective on this developing story. Concurrently, readers are also asked to remember that those accused of an illegal act, whether a natural person or a corporation, are innocent until proven guilty pursuant to America law.

Those unfamiliar with these visa categories should note that the B-1 visa is a non-immigrant visa designed for use by those who intend to remain in the United States for a short period of time for business meetings or training. Such travel documents do not permit the bearer to take up employment within the jurisdiction of the United States. Meanwhile, the H-1B visa is intended for those who wish to  undertake employment in the United States of America. In much the same way that a Thai business visa does not confer the right to work in the Kingdom of Thailand, only a Thai work permit entails such privileges, so too does a B-1 visa exclusively permit the bearer lawful status in the USA upon admission. Therefore, those wishing to work in the USA are generally required to obtain a visa which permits the bearer to work or obtain Employment Authorization. Those who have lawful permanent residence pursuant to entry in the USA on a CR1 Visa or an IR1 Visa are allowed to work in the USA.

The aforementioned article went on to note:

The DOJ’s criminal investigation is not the only legal claim Infosys is facing in relation to B1 visas. As Firstpost has previously reported, an Alabama-based employee named Jack “Jay” Palmer filed a civil lawsuit against the company in February alleging that Infosys used the B1 visa as a way to “creatively” manoeuvre around H-1B visa caps. (Infosys has consistently been the top recipient of H-1B visas in the US.)

Those seeking American immigration benefits should be aware of the fact that the privilege of working in the United States is not always easily obtained. Furthermore, those pondering immigration benefits should note that it is never prudent to be anything but 100% honest with American immigration officials as failure to be candid regarding one’s bona fide immigration intentions could have tremendous adverse ramifications. Consequences for failure to be forthright with immigration authorities could include fines, penalties, incarceration, or a finding of legal inadmissibility. Those found to be legally ineligible for admission to the United States of America may be able to rectify such inadmissibility through use of either an I-601 waiver or an I-212 waiver, depending upon the circumstances of the case.

Meanwhile, it appears that the Department of Homeland Security‘s Transportation Security Administration (TSA) is taking criticism from a federal legislator regarding the methodology surrounding the groping of individuals passing through airports in the USA. To quote directly from the official website of Real Clear Politics, RealClearPolitics.com:

The Hill reports: “I walked through … right behind me there was a grandmother — little old lady, and she was was patted down,” Rep. Paul Broun (R-Georgia) said on C-SPAN’s “Washington Journal.” “Right behind her was a little kid who was patted down. And then right behind him was a guy in Arabian dress who just walked right through. Why are we patting down grandma and kids?”

The administration of this blog strongly encourages readers to click upon the hyperlinks noted above to learn more.

It is certainly a credit to Representative Paul Broun that he is questioning TSA policies regarding groping of prospective passengers as it is this blogger’s personal opinion that such searches violate the provisions of the 4th Amendment of the Constitution of the United States of America. This news comes on the heels of a recent announcement that lawmakers in the sovereign State of Texas have withdrawn a recent bill brought before that State’s legislature to curtail the activities of the TSA. To quote directly from the website of the Texas Tribune, TexasTribune.org:

A threat from the federal government to shut down Texas airports or cancel flights may have killed legislation by Tea Party conservatives in the Texas Capitol to prohibit federal Transportation Security Administration agents from conducting “invasive searches.” “I don’t cave in to heavy handed threats by the federal government,” said an angry Sen. Dan Patrick, R-Houston, the Senate sponsor of the bill, who ultimately withdrew the bill. House Bill 1937, which was passed by the House earlier this month, would make it a misdemeanor offense for a federal security agent to “intentionally, knowingly, or recklessly [touch] the anus, sexual organ, buttocks, or breast of the other person, including touching through clothing, or touching the other person in a manner that would be offensive to a reasonable person.” Two TSA officials visited Patrick at the Capitol earlier today to discuss the legislation. They warned him that the legislation “could close down all the airports in Texas,” he said…

This blogger encourages readers to click on the hyperlinks above to find out more.

Clearly, the issue of TSA “pat downs” is controversial and can raise tempers. This blogger encourages readers to keep abreast of the stories above at it seems likely that the underlying issues will continue to be poignant in the days and weeks ahead. This may be especially true in the context of an upcoming election as issues pertaining to U.S. immigration and the 4th amendment may be of concern to prospective voters.

Tags: B-1 Visa, B-1 visas, B1 visa, CR-1 Visa, CR1 Visa, Department of Homeland Security, Department of Justice, DOJ, H-1B visa, H-1B visas, I-212 waiver, I-601 Waiver, Infosys, invasive searches, IR-1 Visa, IR1 Visa, Texas airports, Texas Capitol, Texas Senator Dan Patrick, Thai Business Visa, Thai Work Permit, Transportation Security Administration, TSA, TSA Groping, TSA invasive searches, TSA Pat Down, US business visas, US District Court
Posted in Transportation Security Administration (TSA), US Visa, US Visa and Immigration | No Comments »

นอกจากนี้ ภาษากฎหมายที่นักกฎหมายฝ่ายรัฐบาลใช้ในศาลในการที่จะแบ่งแยกคำตัดสินที่เกี่ยวกับการค้นหาข้อเท็จจริงโดยอัยการเป็นไปด้วยความระมัดระวังและลบล้างคำวินิจฉัยทั้งหมดจากความเห็นทางกฎหมาย นั่นเป็นการแปลความที่ไม่สมเหตุสมผลตามพระราชบัญญัติคนเข้าเมืองและสัญชาติซึ่งมองไปข้างหน้าถึงมาตรฐานของข้อเท็จจริงการพิจารณากระบวนการเพิกถอน

จากการรวบรวมข้างต้น สถานะของรัฐบาลสหรัฐอเมริกาในการที่จะปฏิเสธคำขอ I-130 คือ ในพฤติการณ์ที่ศาลไม่สามารถที่จะทบทวนคำวินิจฉัยที่วินิจฉัยโดยผู้มีอำนาจในหน่วยบริการคนเข้าเมืองและพลเมืองของสหรัฐอเมริกา (USCIS) เป็นประเด็นที่น่าสนใจว่า ศาลไม่ถูกชักจูงโดยข้อโต้เถียงและการทบทวนคำวินิจฉัย แม้แต่คำคัดค้านของรัฐบาล

สำหรับผู้ที่ไม่คุ้นเคยกับกระบวนการทำวีซ่าสหรัฐอเมริกา คำขอ I-130 นั้นเป็นขั้นตอนแรกที่จะทำให้คนต่างด้าวมีความเกี่ยวพันนกับสหรัฐอเมริกา คำขอนั้นใช้เพื่อผู้ที่ประสงค์จะพาคู่หมั้นชาวต่างชาติไปสหรัฐอเมริกา ในกรณีที่คำขอ I-130 ได้รับการอนุมัติ เรื่องที่ได้รับการอนุมัตินั้นจะถูกส่งต่อไปยังศูนย์บริการทางวีซ่า (NVC)ซึ่งเป็นตัวแทนภายใต้กงสุลสหรัฐอเมริกาในโฮจิมินห์ซิตี้ทาง NVC ในขณะเดียวกัน คู่หมั้นชาวไทยมีแนวโน้มที่จะดำเนินการในการขอวีซ่าโดยติดต่อทางสถานทูตสหรัฐอเมริกาในกรุงเทพฯโดยทางศูนย์บริการวีซ่า คู่หมั้นชาวจีนอาจจะดำเนินการในสถางกงสุลสหรัฐอเมริกาในจีนหรือสถานทูตสหรัฐอเมริกาในปักกิ่ง เช่นเดียวกันกับอินเดีย ภารกิจของสหรัฐอเมริกาในทั้งสองประเทศมีการเปลี่ยนแปปลงที่สำคัญเพื่อที่จะอำนวยความสะดวกสำหรับผู้ที่จะทำวีซ่าหลังจากกระบวนการของ NVC

ประเด็นเกี่ยวกับความเห็นทางกฎหมายในทางกฎหมายคนเข้าเมืองเป็นเรื่องที่ซับซ้อนเรื่องหนึ่ง ดังนั้นองค์ประกอบต่างๆของกระบวนการทำวีซ่าอาจจะมีความหลากหลายในประเด็นทางกฎหมายขึ้นอยู่กับพฤติการณ์ในแต่ละเรื่อง สำหรับเหตุผลนี้คู่สองสัญชาตินั้นควรเลือกที่จะให้ทนายความช่วยจัดการในการขอยื่นคำขอวีซ่าและผู้เชี่ยวชาญที่ได้รับอนุญาตนั้นสามารถที่จะดำเนินการทุกขั้นตอนและจัดการให้เป็นไปตามกระบวนการขอวีซ่าได้อย่างครบถ้วน

To see this information in English please refer to the previous blog posting.

Tags: CR-1 Visa, CR1 Visa, I-130, I130, IR-1 Visa, IR1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K3 Visa, NVC, USCIS, กฎหมายคนเข้าเมืองอเมริกา, ขอวีซ่าอเมริกันในไทย, คนเข้าเมืองอเมริกัน, คำขอ I-130, วีซ่าถาวรในไทย
Posted in สถานทูตสหรัฐอเมริกาประจำประเทศไทย, ้วีซ่าอเมริกาจากประเทศไทย | 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 »

The United States Citizenship and Immigration Service (USCIS) is responsible for adjudicating and processing petitions for American Immigration benefits. In the majority of cases, the petitioner is required to file a petition in the USA. However, in some relatively rare cases, it may be possible to file for immigrant spouse visa benefits at either an overseas office of USCIS or through Direct Consular Filing at a United States Mission, Embassy, or Consulate abroad. This blogger recently discovered that the USCIS is inviting stakeholders to a meeting to discuss overseas filings of I-130 petitions.  To quote directly from a recent memo distributed by the Department of Homeland Security’s USCIS:

The USCIS International Operations Division, Office of Policy & Strategy, and Office of Public Engagement invite you to participate in a teleconference to discuss changes to the adjudication of the Form I-130, Petition for Alien Relative, filed by petitioners residing overseas.

Currently, petitioners living outside the United States may file a Form I-130 with and have the petition adjudicated by a USCIS field office or American Consulate overseas. USCIS is reviewing options to have all Forms I-130 adjudicated domestically. During the session, USCIS will provide an overview of how changes may affect filing and adjudication as well as address questions and concerns from stakeholders.

It remains to be seen whether or not this proposed policy will be implemented, but if the policy is implemented, then all of those seeking immigrant visas will probably be required to file for visa benefits at a facility in the USA.

The United States Immigration process can vary depending upon the facts of a given case and the visa category being sought. Therefore, those seeking a CR1 visa or an IR1 visa will not undergo the same process as one who is seeking a K1 visa. This is especially true in cases where individuals are seeking non-immigrant visa benefits as many of these applications do not require the initial filing of an immigration petition in the USA. However, applicants for non-immigrant visa categories are likely to be scrutinized pursuant to the provisions of section 214b of the United States Immigration and Nationality Act which can lead to a higher number of visa denials when compared to immigrant visa categories.

Those interested in retaining the services of a professional to assist in the immigration process are well advised to ascertain the credentials of those claiming expertise in United States Immigration law as only a licensed American attorney is entitled to provide advice and counsel in immigration related matters for a fee.

Tags: 214(b), CR-1 Visa, CR1 Visa, Department of Homeland Security, Direct Consular Filing, Immigrant Visa, IR-1 Visa, IR1 Visa, K1 Visa, Overseas filing, stakeholders meeting, United States Citizenship and Immigration Service, USCIS
Posted in USCIS | No Comments »

In recent weeks, some websites have been abuzz with information pertaining to a recent memorandum from the United States Citizenship and Immigration Service (USCIS) which discussed Social Media platforms and their relevance in the context of United States Immigration.  To quote sections of the memo directly, as posted on the EFF.org (Electronic Frontier Foundation) website:

The Internet has made it increasingly easier for people to get connected with each other whether that is with long-distance family, fiiends [sic], or to find new loves and friendships. Social networking sites such as MySpace, Facebook, Classmates, Hi-5, and other similar sites are designed to allow people to share their creativity, pictures, and information with others. Sometimes people do this to find romance, sometimes they do it to find fiiends [sic] with similar interests, and sometimes they do it to keep in touch with family…This provides an excellent vantage point for FDNS to observe the daily life of beneficiaries and petitioners who are suspected of fraudulent activities. Generally, people on these sites speak honestly in their network because all of their friends and family are interacting with them via lM’s (Instant Messages), Blogs (Weblog journals), etc. This social networking gives FDNS an opportunity to reveal fraud by browsing these sites to see if petitioners and beneficiaries are in a valid relationship or are attempting to deceive CIS about their relationship.

Visa and Immigration Fraud are fundamental concerns of the Department of Homeland Security, the USCIS, and Fraud Detection and National Security (FDNS). Therefore, investigation into the bona fides of a relationship that is the basis for submission of a visa petition can be rather routine in circumstances where a United States Citizen or Lawful Permanent Resident has submitted a petition for immigration benefits on behalf of a foreign loved one. That said, the implications of USCIS’s monitoring social media sites can be somewhat unnerving for many as evidenced by a recent quote from a blog post on the ImmigrationEquality.org website:

While we would never encourage anyone to engage in immigration fraud, it is disturbing to think of government officials “friending” unknowing immigrants to use the information in their personal posts against them. In these times of technology speeding forward, it’s important to remember that when you post anything on a public site you have to anticipate that it could be used against you.

Immigration fraud is a serious issue as the integrity of United States immigration law must be upheld both by those seeking immigration benefits and those adjudicating immigration petitions. New technologies offer new ways to stay connected to friends, family, and loved ones in a global context.  However, comments made on social media sites which may seem innocuous or humorous to an online poster at the time of a comment’s posting could be taken out of context by immigration adjudicators who are not personally acquainted with the person or persons making such comments. At the end of the day, the main themes that may be gleaned from the recent revelation of this memo: DO NOT EVER attempt to defraud the U.S. government in an attempt to obtain immigration benefits and even those seeking immigration benefits for bona fide reasons should be cognizant of the fact that information posted on social media websites could, at some point, be heavily scrutinized by immigration officers and/or adjudicators.

For related information please see: US Visa Processing Time or I-601 waiver.

Tags: American Family Immigration, American Immigration, American Visa, Classmates, CR1 Visa, Department of Homeland Security, DHS, EFF.org, Facebook, FDNS, Fraud Detection and National Security, Hi-5, I-601 Waiver, ImmigrationEquality.org, IR1 Visa, K1 Visa, K3 Visa, MySpace, United States Immigration, United States Visa, US Immigration, US Visa, USCIS "friending", USCIS Social Media Monitoring
Posted in Adjustment of Status, American Institute Taiwan, CR1 Visa, Department of Homeland Security, Fiance Visa Thailand, General Legal Information, I-601 Waiver, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, 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 Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Although the topic of K-3 visa applications and “administrative closure” by the United States National Visa Center has been a highly discussed topic in recent postings on this web log it is important to note as it can have a tremendous impact upon the K3 visa process. The K3 visa process is often researched by those United States Citizens wishing to obtain a US Marriage Visa for their Malaysian husband or wife. Although the term “K3 visa” has been used colloquially to describe an American spousal visa on the internet, this is not really the classic method of obtaining marriage visa benefits for the spouse of an American. In reality, submitting the petition to obtain CR1 Visa and/or the IR1 Visa benefits has historically been the commonly followed route to bringing a spouse to the USA.

At one time, the United States Citizenship and Immigration Service (USCIS) had such a substantial backlog of marriage visa petitions that the United States Congress and President William Jefferson Clinton enacted legislation commonly referred to as the “Life Act” in an effort to create, among other things, an expedited marriage visa. As a result, the K3 visa category was promulgated. The K4 visa is a derivative visa category intended to be utilized by the children of a K3 visa holder, it is somewhat similar to the K2 visa in the context of the K1 visa process. Approximately ten years after the creation of the K3 visa, USCIS no longer had the processing backlog it once had for marriage visa petitions. This lead to a situation where the National Visa Center was receiving Immigrant visa applications before or with the supplemental K3 application. It would seem that a decision was made to “administratively close” K3 visa applications where the Immigrant visa application arrived before or with the supplemental application. The reason for this policy would seem to be that the K3 visa’s utility is rather negated if the Immigrant visa petition has already been adjudicated.

Those thinking about bringing their Malaysian husband or wife to the USA are well advised to conduct research in an effort to make an informed decision about which type of benefits best suit the needs of the parties. It should also be noted that only a licensed American attorney is qualified to provide US Immigration advice or represent clients before the Department of Homeland Security or its constituent agencies such as USCIS, USCBP, or USICE pursuant to the United States Federal Code. Therefore, those thinking of retaining professional assistance for the immigration process are well advised to check the credentials of anyone claiming expertise in American immigration matters.

For related information please see: K1 Visa Malaysia or K3 Visa Malaysia.

Tags: American Attorney, American Marriage Visa Malaysia, American Visa Malaysia, CR-1 Visa Malaysia, CR1 Visa, CR1 Visa Malaysia, IR-1 Visa, IR-1 Visa Malaysia, IR1 Visa, IR1 Visa Malaysia, K-1 Visa Malaysia, K-2 Visa, K-2 Visa Malaysia, K-3 Visa Malaysia, K-4 visa, K-4 Visa Malaysia, K1 Visa Malaysia, K2 Visa, K2 Visa Malaysia, K3 Visa, K3 Visa Malaysia, K4 Visa, K4 Visa Malaysia, US Marriage Visa, Us Marriage Visa Malaysia, US Visa Malaysia
Posted in CR1 Visa, Department of Homeland Security, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, National Visa Center, US Embassy Kuala Lumpur, US Embassy Malaysia, US State Department, US Visa, US Visa and Immigration, USCBP, USCIS, USICE | No Comments »

Regular readers of this blog are likely to note that the administration often posts the most recent USCIS (United States Citizenship and Immigration Service) estimated processing times in an effort to provide insight to those researching United States Immigration for the first time. Depending upon the visa category that is sought, the USCIS processing time may vary as different visa categories require unique adjudication. The following time frames were quoted directly from the official website of the United States Citizenship and Immigration Service:

After a petition is submitted to either a USCIS lockbox or Service Center, the adjudication of the petition will generally occur based upon the order in which said petition is received. It should be noted that the above processing time estimates do not take into account the time it takes for the National Visa Center to process visa applications. Furthermore, Consular Processing at a US Mission, US Embassy or US Consulate abroad can add to the overall visa processing time. Therefore, even if a visa petition is approved, this does not mean that a visa will be immediately issued.

For further related information please see: K1 visa, L1 visa, E1 visa, E2 visa, or EB5 visa.

Tags: CR-1 Visa, CR1 Visa, E 2 Visa, E-1 Visa, E1 visa, E1 Visa Process, E2 Visa, E2 Visa Process, EB5 Visa, EB5 Visa Process, IR-1 Visa, IR1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K1 Visa Process, K3 Visa, L-1 visa, L1 Visa, US Visa Process, US Visa Processing Time, USCIS Processing Time, USCIS Processing Times
Posted in American Institute Taiwan, CR1 Visa, E1 visa, E2 Visa, EB5 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, 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 Emassy Mongolia, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, 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 Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Those American Citizens with an Indonesian spouse sometimes posit: “Would it be possible for me to obtain a K3 visa for my Indonesian husband or wife?” Although, the answer to this question is not exactly “cut and dried” it is a qualified No. However, this does not necessarily mean that there is not another US Marriage Visa category available to the Indonesian husband or wife of a United States Citizen or Lawful Permanent Resident.

The reason that a K3 marriage visa is likely unavailable to the Indonesian spouse of a US Citizen (K visas are not available to lawful permanent residents, this includes the popular K1 visa which is often used to bring fiances of American Citizens back to the USA) is due to the fact that the US State Department’s National Visa Center (NVC) has promulgated a policy whereby all K3 Visa applications will be administratively closed if the I-129f petition arrives contemporaneously with, or before, the arrival of an I-130 petition. As the United States Citizenship and Immigration Service (USCIS) has recently reduced their backlog when adjudicating I-130 petitions this has lead to a situation where I-130 petitions are arriving at NVC prior to their I-129f counterparts. In a way, circumstances as they exist under the aforementioned scenario negate the need for the K3 visa in most situations.

The K3 visa was created under the language of the so-called “Life Act” which was promulgated during the latter part of the Clinton Administration. At that time, the backlog of I-130 petitions was rather large and the K3 visa was created to allow expedited marriage visa processing for the spouses of US Citizens. As technology improved and USCIS overcame their I-130 backlog the USCIS processing time for the K3 visa and the Immigrant visa categories (CR1 Visa, IR1 Visa) came into alignment. Therefore, the K3 visa became somewhat redundant and the National Visa Center seems to have made the decision to “phase out” these types of visas when they are no longer needed.

This does not mean that American marriage visas are no longer available at all. Instead, more and more couples seek visa benefits by using the classic I-130 petition. This petition, if approved, can be used to obtain a CR1 Visa or an IR1 Visa for the spouse of an American Citizen (Lawful Permanent Residents are eligible to petition for CR1 or IR1 immigration benefits, but it generally takes longer to process such requests). Currently, it takes approximately 11-12 months to obtain an Immigrant visa for the Indonesian spouse of a US Citizen taking into account USCIS adjudication (currently taking approximately 5-6 months), NVC processing, and Consular Processing at a US Embassy or US Consulate abroad.

For related information please see: K1 Visa Indonesia or K3 Visa Indonesia.

Tags: Administrative Closure, administratively closed, American Marriage Visa, American Marriage Visa Indonesia, American Visa Indonesia, CR1 Visa, CR1 Visa Indonesia, IR1 Visa, IR1 Visa Indonesia, K1 Visa, K1 Visa Indonesia, K3 Visa, K3 Visa Indonesia, National Visa Center, NVC, US Consulate, US Embassy, US Marriage Visa, US Marriage Visa Indonesia, US Visa Indonesia, USA Visa Indonesia, USCIS
Posted in CR1 Visa, IR1 Visa, K1 Visa, K3 Visa, US Embassy Indonesia, US Embassy Jakarta, US Visa, US Visa and Immigration, USCIS | 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