Integrity Legal

Posts Tagged ‘K-1 Visa’

1st September 2021

The lockdowns in Bangkok and other highly populated areas of Thailand appear to be abating as it has recently been decreed that certain retail businesses may reopen while restaurants and other eateries may again serve dine-in customers from today onward. There seems to be an implication that further easing will be forthcoming, but we have seen that attitude before only to see things suddenly reverse. Hopefully, the business community in Bangkok and Greater Thailand has finally come through the worst of these rather stringent measures and things can move on.

Meanwhile, various destinations in Thailand are attempting to “Move On“. Notably, Phuket has implemented initiatives in the “Phuket Sandbox” program to allow travelers in that location to travel to other destinations after an initial 7 days on the island in the “7+7” program. Although this is definitely good news tourism numbers remain far below normal and therefore it remains to be seen how many people will actually avail themselves of this opportunity. The sandbox initiative has not garnered the tourism interest that many had hoped, but with high season coming this could change. It is worth noting that a number of non-immigrant Thai visa holders have availed themselves of the sandbox scheme as it is viewed as less cumbersome compared to dealing with 14 days of quarantine when traveling to other parts of Thailand.

It is notable that Thailand is one of the only jurisdictions in Southeast Asia which is permitting tourists to enter the country. Not to mention non-immigrant visa holders (most of whom were completely barred from reentry last summer). That stated, issues still arise for foreign nationals in Thailand as there are those who have problems either maintaining their status due to unforeseen work issues or no longer meet the requirements of their lawful status. Under such circumstances it is optimal to avoid falling into overstay and attempt to obtain a Thai visa conversion in order to remain in the Kingdom.

American immigration is not moving as quickly as was the case prior to 2020. That stated, things are moving more quickly compared to the situation in 2020. Although appointments for non-immigrant visas to the USA such as tourist visas are difficult to come by and even obtaining an appointment for a K-1 visa interview can be difficult. There are those who hope that a change in administration in the USA will result in concrete changes to the American immigration apparatus, but any improvements remain to be seen.

more Comments: 04

10th August 2021

As the current economic situation in Thailand continues down a precarious path due to lockdowns. There are many who fear tourism may not return to Thailand in high numbers any time in the near future. In fact, quarantine rules do not look like they are going away and the Phuket sandbox has proven to be less of a draw than initially anticipated. There are some who have speculated that Thailand may have come to overly rely upon tourism as an integral component of the overall economy. Whether or not this is true is difficult to ascertain, but it should be noted that anyone predicting the events of 2020 and 2021 in, say, the year 2018 would have been called worse names than crazy so the notion that Thailand came to overly depend upon tourism is only an argument that operates logically in hindsight.

Although the Phuket sandbox has been discussed a great deal as of late, there is also a similar program which has been initiated in Samui and those wishing to avail themselves of this tourism opportunity may do so by traveling through Bangkok in “sealed terminals” in order to undergo “sandbox quarantine” for 14 days on that island. Presently, travel restrictions in Thailand have precluded wide travel latitude for those wishing to leave the Phuket sandbox, but this does not appear to currently be an issue in the Samui system. Those wishing to travel to Bangkok from abroad may do so, but they are still required to undergo quarantine in a Bangkok hotel via the Alternative State Quarantine system.

Business travelers to Thailand are not precluded from using either the Samui or Phuket sandboxes so those with a Thai business visa and/or Thai work permit may return to Thailand without undue hardship. It is worth pointing out that Thailand is one of the few jurisdictions in Southeast Asia which is trying to maintain tourist travel as well as admitting non-immigrant visa holders such as the aforementioned B visa holders as well as those holding an O visa for marriage to a Thai or for retirement. Thai Embassies and Consulates are still issuing O-A retirement visas to those retirees abroad. Thailand remains one of the few countries in Southeast Asia actively issuing visas to foreign retirees.

Those seeking visas to the USA may continue to do so under present circumstances although appointment scheduling has proven somewhat cumbersome in recent months as the American Embassy in Bangkok appears to be either understaffed or unable to process a large caseload due to restrictions associated with the response to COVID-19. However, appointments are available, albeit it in a relatively limited number.

more Comments: 04

24th May 2021

The overall posture of American immigration has improved considerably since the beginning of 2021. With the transition to a new administration there have been a number of changes in how immigration cases are processed. As noted previously, the public charge rule has reverted back to pre-Trump criteria. Concurrently, it appears the current administration has rolled back a potentially disturbing policy regarding collection of biometric data from not only intending immigrants to the United States, but American petitioners and sponsors as well. Presently, there are a number of backlogs holding up cases at various points in the US immigration process. For example, processing times at USCIS are longer overall. Meanwhile issues at the National Visa Center are prolonging case processing. Finally, the US Embassy in Bangkok, Thailand has had to postpone a number of appointments citing the COVID situation. Although it seems the Embassy is prioritizing family based Immigrant Visa Unit matters over the non-immigrant visa unit as some level of priority seems to be conferred to cases such as applications for the K-1 visa (for fiances of America citizens) and the marriage visa cases (K-3, IR-1, and CR-1 visas). There does seem to be some hope on the horizon that things will start looking better as this administration does not seem as intent on being deliberately obtuse with respect to processing immigration cases.

Turning to Thai immigration news, the situation in Thailand has turned less positive since April and the upshot in an immigration context is the re-extension of the quarantine time in Thailand. As of the time of this writing, all travelers (including those vaccinated) arriving in Thailand are required to undergo a 14 day quarantine. On a more general note, Thailand remains under a state of pseudo-lockdown which is having a tremendously negative impact upon the SME sector. However, there is hope that things will begin to turn around as the COVID vaccination is rolled out in early June. Key officials in Thailand have also stood firm behind their commitment to reopen Phuket for the “sandbox” initiative in July. This is apparently still moving forward and, as yet, this doesn’t seem likely to be cancelled. That stated, many initiatives (such as “travel bubbles” or reduced quarantine) have been proposed and ultimately shot down or have been rolled out only to be rolled back. Therefore, it is difficult to predict exactly how things will progress moving forward in the course of the next few weeks, but hopefully these days ahead will be better than those recently transpired.

more Comments: 04

18th March 2021

The overall Immigration system in both the United States and Thailand have been in a state of flux for a number of months. The transition in Administrations in the United States has had a number of effects upon the Immigration apparatus as a whole, most recently the Secretary of Homeland Security announced changes with respect to the public charge rule. To quote directly from the Department of Homeland Security website:

Today, DHS Secretary Alejandro N. Mayorkas announced that the government will no longer defend the 2019 public charge rule as doing so is neither in the public interest nor an efficient use of limited government resources.

“The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Consistent with the President’s vision, we will continue to implement reforms that improve our legal immigration system.”

President Biden’s Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans called for an immediate review of agency actions on public charge inadmissibility and deportability. DHS’s review, in consultation with the Departments of Justice and State and the federal benefits-granting agencies, is ongoing.

Clearly, this represents a sea change with respect to immigration policy on issues associated with acting as a sponsor for an intending immigrant or in cases where adjustment of status is involved. This is likely to have a tremendous impact upon processing of cases such as the K1 Visa, the K3 Visa, the CR1 Visa, and the IR1 Visa. In K-1 visa cases, those acting as sponsors must file an I-134 affidavit of support while the I-864 applies to immigrant visas. Hopefully, the recently announced policy change will benefit those seeking these types of visas.

Meanwhile, it seems officials in Thailand are going ahead with easing of quarantine measures. The process of lifting the quarantine is slated to occur in phases, with phase 1 set to commence in April. There are to be 4 phases of the quarantine easing with phase 2 (so-called “area quarantine“) set to commence at the beginning of the summer and apparently the Kingdom will open much more in October. Much of the reopening appears contingent upon the broad adoption of so-called vaccine passports, with certificates of entry to be phased out in favor of that documentation. Notwithstanding these announcements, it now appears that quarantine will continue albeit on a truncated basis, with those who can prove prior vaccination and a clear COVID test able to enjoy 7 days of quarantine (as opposed to 14 days) beginning in April. Those unvaccinated with a clear COVID test will only be compelled to quarantine for 10 days.

more Comments: 04

5th November 2020

For those unaware, our firm maintains a Youtube channel in order to provide daily updates regarding Thai, American, and international immigration matters as well as information of a general nature regarding Thai legal issues and legal news for expats.

In the aftermath of the 2020 election in the USA, there has been a question posed: how will the outcome impact American Immigration? As noted in a video on our aforementioned YouTube Channel, it appears that the ultimate result of the election is unlikely to have a dramatic impact upon American visa processing, at least in the near term. As noted in prior postings to this blog, the US government’s response to COVID-19 has resulted in a slowing of case processing at the United States Citizenship and Immigration Service (USCIS), the National Visa Center (NVC), and US Embassies and Consulates abroad (including the American Embassy in Bangkok). It seems unlikely that even if the government’s administration changes due to the election that we will see faster processing times for immigration cases in the near term. That stated, the situation remains fluid and unforeseen developments could see cases such as K-1 visa applications move with more speed compared to the past months.

The Thai Immigration situation remains fluid as well. Recently, the government terminated the Thai visa amnesty. Concurrently, it appears that some tourists are beginning to return to Thailand using the special tourist visa (STV) scheme. However, the tourist numbers are small compared to numbers in the years leading up to 2020. Thai Immigration and officials at the Ministry of Foreign Affairs seem increasingly keen to allow the return of expats from abroad. The O-A retirement visa category has been prioritized for issuance of certificates of entry (COE) for prospective travelers to Thailand. This is happening as foreign nationals traveling to Thailand in business visa status appear to be on the rise. Those who have a Thai spouse or other family in Thailand can also avail themselves of an O visa in order to enter the Kingdom.

There has been some conjecture that the Thai government may promulgate rules allowing property purchasers to travel to Thailand. This proposal seems to be geared toward increasing the demand for Thai condos. However, these proposals have yet to be taken up by relevant authorities and therefore it remains to be seen whether Thai property ownership will be deemed a sufficient reason for sponsoring a visa and/or certificate of entry for the Kingdom of Thailand.

The entire process for traveling to Thailand remains cumbersome compared to routine protocols. As noted above, a certificate of entry, in addition to a Thai visa, is necessary for one to travel to Thailand. Prospective entrants are also required to obtain fit to fly documentation and remain in alternative state quarantine (ASQ) for 14 days (although there is speculation this may be reduced to 10 days) before being permitted unfettered access to the Kingdom.

 

more Comments: 04

12th September 2020

The overall immigration and visa environment in both the USA and Thailand are in an extreme state of flux. In recent months the response by the US Embassy in Bangkok to the COVID-19 pandemic has been to shutdown the Immigrant and Non-Immigrant Visa Units and preclude interviews. However, an announcement in recent weeks suggests that this shutdown is coming to an end. Quoting directly from the US Travel Docs website:

Beginning October 1, 2020, U.S. Embassy Bangkok and U.S. Consulate General Chiang Mai will resume routine nonimmigrant visa services for all visa categories.  The number of visa interviews per day will be limited to ensure social distancing. Starting from September 9, 2020, you can renew your visa by mail, provided you meet all the qualifications listed on https://www.ustraveldocs.com/th/th-niv-visarenew.asp.  Please read all the information before submitting your application by mail. Applicants for H1B, H2B, L1, and certain J categories and their dependents covered by Presidential Proclamation 10052 should request an appointment only if you have reason to believe you may qualify for one of the exceptions listed in the Proclamation here.  For more information on exceptions, click here. U.S. Embassy Bangkok has also resumed processing most immigrant visa categories and is currently addressing its backlog of cases, namely those applicants whose interview appointment was canceled because of the COVID-19 pandemic.  The Immigrant Visa unit will be in direct contact with applicants currently eligible to reschedule their interview appointment.

Although the actual easing of current restrictions remains to be seen, many waiting for a K-3, CR-1, IR-1, or K-1 visa interview are anxious to see the beginning of October and, along with it, the resumption of visa processing.

Meanwhile, the current posture of the Thai Immigration system remains relatively inert compared to normal circumstances as most all travel to Thailand is heavily restricted. That stated, there are some non-immigrant visa categories which are approved for usage to enter Thailand. Most notable among the categories are the Thai Business Visa (with work permit or work authorization [either WP3 or WP10 depending upon circumstances) and the Thai O visa for those foreign nationals who have a Thai spouse, children or parents. Presently, those with a Thai retirement visa will not be able to gain access to Thailand utilizing that travel document as their sole and exclusive means of lawful admission. Based upon some accounts, it appears likely that this restriction may remain until the beginning of 2021.

Thai officials have been attempting to balance health and safety concerns against the strong desire to readmit tourists to Thailand. A multitude of initiatives have been discussed in recent weeks including further discussion of a “travel bubble” initiative as well as discussion of the “safe and sealed” program. More recently, the “Phuket Model” is being discussed in earnest as a means of admitting foreign tourists while simultaneously taking necessary precautions to assuage those concerned about public health. It seems the roll out of the “Phuket Model” is not a foregone conclusion and it now seems likely that, once implemented, it will be a plan pertaining to all of Thailand rather than specifically targeting Phuket. However, implementation remains to be seen and therefore comment as to the details associated therewith would be an exercise in conjecture at this time. Concurrently, there also appear to be discussions regarding “Green Lanes” to allow business travelers access to Thailand.

Within Thailand, issues surrounding Thai immigration are becoming increasingly urgent as the Thai visa amnesty (sometimes referred to as the automatic Thai visa extension) is coming to an end on September 26th. Thai Immigration officials have made a number of statements regarding the end of the amnesty and noted that waiting until too close to the deadline may prove problematic for prospective visa applicants. Some officials have even gone so far as to hint at possible future announcements regarding Thai immigration rules in coming days. At the same time, it appears an ad hoc system is being put in place to allow temporary extensions for those who can produce an Embassy letter requesting such accommodation. That stated, statements from both he American and British Missions to Thailand would suggest that compelling reasons must be shown in order to ultimately have one’s Thai visa status maintained on a temporary basis pursuant to this prospective scheme. Those wishing to maintain long term lawful status past the end of the amnesty are well advised to either obtain an extension of status or a conversion into longer term immigration status in Thailand BEFORE the September 26 deadline.

more Comments: 04

2nd May 2020

The past 6 weeks have been very eventful in terms of the response to the COVID-19 (or Coronavirus) lock down in Thailand. This crisis has also had a significant impact upon the American visa process. By way of an update, the Thai government has recently announced an easing of restrictions associated with the lock down of business and social interaction in Thailand. It now appears that as of May 3rd, small eateries, parks, hair salons, stores selling certain retail as well as electronic goods, and pet shops will be allowed to reopen. Thai government officials have announced that further phased reopening measures will be implemented in coming weeks should circumstances permit. Concurrently, it was initially announced that the ban on the sale of alcohol in Thailand would be extended throughout the month of May. There was some speculation that a “grace period” would be permitted on Mat 1st and 2nd to allow the public time to “stock up” on alcohol products in anticipation of further restrictions over the forthcoming month.

Shortly after these predictions and the announcement that the ban on alcohol sales would continue, it was announced that retail alcohol sales could recommence beginning May 3rd. Further, it appears that those eateries which maintain an alcohol license and usually sell alcohol in the course of their day-to-day business will be permitted to sell alcohol on a “take-away” basis. Therefore, for the forthcoming days small restaurants and other venues will be reopened to the public and life in Thailand appears to be normalizing somewhat. Notwithstanding these measures, restrictions on pubs and entertainment establishments remain.

While all of this is unfolding in Thailand, in the USA the US immigration system appears to be preparing for further delays associated with the processing of visa cases. The following announcement from USCIS recently came to this blogger’s attention:

On March 18, U.S. Citizenship and Immigration Services temporarily suspended routine in-person services to help slow the spread of coronavirus (COVID-19). USCIS plans to begin reopening our offices on or after June 4, unless the public closures are extended further.

In prior announcements it had been noted that May 4th would be the presumptive date of reopening. It now appears that there will be at least another month delay for in-person services with USCIS. At the same time, the new Immigration Ban remains in effect although it is unlikely to have any impact upon those seeking a K-3 visa, CR-1 visa, IR-1 visa, or K-1 visa from Thailand as the ban specifically excludes spouse visas and only pertains to immigrant visas. Therefore, as a fiance visa is not, by definition, an immigrant visa, the provisions this new ban do not apply to fiances of American citizens. However, notwithstanding the fact that the immigration ban does no directly impact most family based visas from Thailand it is effectively a moot point for the immediately foreseeable future due to the fact that the Immigrant Visa Unit and the Non-Immigrant Visa Unit at the US Embassy in Bangkok are not currently holding visa interviews nor are the issuance immigrant and non-immigrant visa as they remain closed due to the coronavirus. We, in this office, are currently looking at the USCIS presumed reopening date as the best indication of when it seems prudent to presume that the Embassy will reopen for interviews. That stated, the ultimate date of reopening remains to be seen, but we will try to keep you up to date on this blog.

more Comments: 04

22nd April 2020

An Executive Order has been issued by the Trump administration regarding suspension of immigration to the United States for the forthcoming 60 days. However, the order does not appear to apply to those seeking a K-1 visa to bring a foreign fiance to the USA. Concurrently, it also does not appear to apply to American visas for the spouses and children of U.S. Citizens. To quote directly from the relevant sections of the order as posted on the White House website:

NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, hereby find that the entry into the United States of persons described in section 1 of this proclamation would, except as provided for in section 2 of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions.  I therefore hereby proclaim the following:

Section 1.  Suspension and Limitation on Entry.  The entry into the United States of aliens as immigrants is hereby suspended and limited subject to section 2 of this proclamation.

Sec2.  Scope of Suspension and Limitation on Entry.  (a)  The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who:

(i)    are outside the United States on the effective date of this proclamation;

(ii)   do not have an immigrant visa that is valid on the effective date of this proclamation; and

(iii)  do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

(b)  The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to:

(i)     any lawful permanent resident of the United States;

(ii)    any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees;  and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;

(iii)   any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;

(iv)    any alien who is the spouse of a United States citizen;

(v)     any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

(vi)    any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;

(vii)   any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;

(viii)  any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or

(ix)    any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

Sec3.  Implementation and Enforcement.  (a)  The consular officer shall determine, in his or her discretion, whether an immigrant has established his or her eligibility for an exception in section 2(b) of this proclamation.  The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish in the Secretary of State’s discretion.  The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of aliens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish in the Secretary of Homeland Security’s discretion.

(b)  An alien who circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry shall be a priority for removal by the Department of Homeland Security.

(c)  Nothing in this proclamation shall be construed to limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws of the United States.

Sec4.  Termination.  This proclamation shall expire 60 days from its effective date and may be continued as necessary.  Whenever appropriate, but no later than 50 days from the effective date of this proclamation, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend whether I should continue or modify this proclamation.

Sec5.  Effective Date.  This proclamation is effective at 11:59 p.m. eastern daylight time on April 23, 2020.

Sec6.  Additional Measures.  Within 30 days of the effective date of this proclamation, the Secretary of Labor and the Secretary of Homeland Security, in consultation with the Secretary of State, shall review nonimmigrant programs and shall recommend to me other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.

Sec7.  Severability.  It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the interests of the United States.  Accordingly:

(a)  if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of its provisions to any other persons or circumstances shall not be affected thereby; and

(b)  if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid because of the lack of certain procedural requirements, the relevant executive branch officials shall implement those procedural requirements to conform with existing law and with any applicable court orders.

Sec8.  General Provisions.  (a)  Nothing in this proclamation shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or,

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-second day of April, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fourth.

DONALD J. TRUMP

 

Clearly, there are many who might see their cases negatively impacted by this order. To preface any further analysis, it should be noted that visa processing has been suspended at the US Embassy in Bangkok, Thailand as well as the US Embassy in Vientiane, Laos and the US Embassy in Phnom Phen, Cambodia due to the COVID-19 outbreak. So regardless of this order, it is not currently possible to obtain a visa from these posts as interviews have been suspended. Bearing the above in mind, the following analysis will demonstrate that this order will NOT have an impact on fiance visa and marriage visa cases for the fiances and/or spouses of American citizens:

The executive order states: “The entry into the United States of aliens as immigrants is hereby suspended and limited subject to section 2 of this proclamation.” The K-1 visa is designed for the fiance of an American citizen to to travel to the United States with the intention of marriage. It grants the bearer 90 days of lawful status in the USA in which to marry their American fiance and file for adjustment of status to lawful permanent residence (aka Green Card status). It is important to note: the K-1 visa is a non-immigrant visa, albeit a dual intent visa. For purposes of processing it is treated as an immigrant visa (for example K-1 cases process through the Immigrant Visa Unit of the American Embassy in Thailand), but pursuant to United States law it is in fact a non-immigrant visa. The above cited executive order only pertains to immigrant visas. Therefore, this order does not have any bearing upon the processing of a K-1 fiance visa case.

What about cases involving the spouse of an American citizen where the spouse would enter the USA and be granted an I-551 stamp thereby granting permanent residence to the foreign spouse upon entry? The above executive order speaks directly to such a situation: “The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to:…(iv) any alien who is the spouse of a United States citizen“[Emphasis Added]. Clearly the suspension ordered in Trump’s executive order will exempt spouses of Americans. Therefore, those foreign spouses of American citizens seeking a K-3 visa, CR-1 visa, or IR-1 visa will not be adversely impacted by the provisions of this executive order.

Finally, the following should be noted: “This proclamation shall expire 60 days from its effective date…This proclamation is effective at 11:59 p.m. eastern daylight time on April 23, 2020.” Thus, unless this order is extended it will expire 60 days from now. We will keep readers updated on this blog as the situation progresses.

more Comments: 04

19th March 2020

It now appears that all visa services provided to foreign nationals at American Embassies and Consulates abroad have been suspended. In a recent article from Reuters, the following was reported:

The United States is suspending all routine visa services as of Wednesday in most countries worldwide due to the coronavirus outbreak, a spokeswoman for the State Department said, an unprecedented move that will potentially impact hundreds of thousands of people…The State Department spokeswoman said U.S. missions abroad will continue to provide emergency visa services “as resources allow,” and that the services to U.S. citizens will remain available.

Concurrently, the following message was issued by the US Embassy in Thailand:

Information for Immigrant Visa applicants regarding novel coronavirus: As of March 19, 2020, the United States Embassy and Consulate in Thailand are cancelling Immigrant Visa appointments until further notice.  We will resume routine Immigrant Visa services as soon as possible but are unable to provide a specific date at this time.  Once we resume Immigrant Visa operations, we will contact you with a new appointment date. Applicants who had their Immigrant Visa interviews cancelled due to the cessation of operations will be given first priority for rescheduling.

Meanwhile, it now appears that all intending entrants to Thailand will be required to present a medical certificate prior to boarding a plane for Thailand. To quote directly from a recent article in the Bangkok Post:

The Civil Aviation Authority of Thailand now requires all air passengers, Thai and foreign, to show Covid-19-free health certificates and Covid-19 insurance before boarding their flights to Thailand…Airlines must require passengers to present health certificates issued no more than 72 hours before the  flight departs. The certificates must guarantee that the passengers are free of Covid-19, regardles where they board. Airlines must also require that passengers have insurance covering Covid-19 treatment in Thailand, up to at least US$100,000.

We will keep this blog updated as the situation evolves.

more Comments: 04

19th September 2018

In what may be one of the most significant developments in immigration practice in quite some time, it recently came to this blogger’s attention via a policy memorandum from the United States Citizenship and Immigration Service (USCIS) that the USCIS is radically changing their policies with respect to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). For those unaware, an RFE is issued in a case where the adjudicating officer of an immigration petition is not fully satisfied that the beneficiary and/or the petitioner meet the legal requirements. An NOID is similar and may allow the petitioner to rectify a petition notwithstanding prior inadequacy.

That being stated, the procedures regarding issuance of RFEs and NOIDs have been fundamentally altered pursuant to policy memorandum PM-602-0163 dated July 13, 2018 entitled “Issuance of Certain RFEs and NOIDs; Revisions to Adjudicator’s Field Manual (AFM)Chapter 10.5(a), Chapter 10.5(b)” The provisions of this memo dictate new guidelines for adjudicators of immigration petitions. To quote directly from the USCIS website:

The 2013 PM addressed policies for the issuance of RFEs and NOIDs when the evidence submitted at the time of filing did not establish eligibility. In practice, the 2013 PM limited denials without RFEs or NOIDs to statutory denials by providing that RFEs should be issued unless there was “no possibility” of approval. This “no possibility” policy limited the application of an adjudicator’s discretion.

The policy implemented in this guidance restores to the adjudicator full discretion to deny applications, petitions, and requests without first issuing an RFE or a NOID, when appropriate.

Although the ramifications may not be immediately apparent, especially to those who do not deal with the immigration apparatus on a regular basis, this change in policy is rather profound. The prior doctrine which required that an adjudicator denying a petition without first issuing an RFE or NOID show that there was “no possibility” that a case could receive approval provided a great deal of limitation upon an adjudicator’s ability to unilaterally deny an immigration petition. The removal of this policy encumbrance allows future adjudicators a great deal more discretion in issuing immediate petition denials. The sources noted above go on to note that the primary reason for the change in policy stems from the desire to discourage so-called “placeholder” or “frivolous” filings (which under certain circumstances is laudable as such cases can unnecessarily clog up the immigration processing channels), but there could be significant ramifications for cases which would not necessarily fit those descriptions.

For example, in K-1 visa petitions it is now more likely that more denials will be issued in the future in such cases where it has not been incontrovertibly proven that the couple has in fact met in person within 2 years of filing for the benefit (the so-called Meeting Requirement). Furthermore, in cases involving petitioning for a fiance visa it seems logical to infer that future adjudications may result in a  denial where the petitioner has failed to demonstrate that both parties maintain the requisite intention to marry in the USA.

It is difficult to speculate at this time exactly how this change in policy will be implemented and the full consequences associated therewith. However, two things are clear: 1) visa petitions are likely to be more susceptible to denial moving forward and 2) those thinking of undertaking a do-it-yourself approach to petitioning for a fiancee or marriage visa are well advised to seriously consider the negative aspects of failing to seek professional legal assistance in immigration matters as failure to fully delineate a case clearly and concisely in the initial petition for immigration benefits could result in a denial and thereby a loss of time and resources.

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.