Integrity Legal

Those who follow this website with any frequency may be aware of the fact that the administration of this web log routinely posts the processing times for the various service centers of the United States Citizenship and Immigration Service (USCIS) as a courtesy to the public at large. To quote directly from the official website of USCIS, USCIS.gov:

Readers are asked to bear in mind that the above cited estimations do not take into consideration processing at the National Visa Center. Furthermore, these estimates also do not take into consideration Consular Processing at a US Embassy, US Consulate, or American Institute abroad.

Tags: American Consulate, American Embassy, Consular Processing, CR-1 Visa, CR-1 Visa Processing Time, CR1 Visa, CR1 Visa Processing Time, IR-1 Visa, IR-1 Visa Processing Time, IR1 Visa, IR1 Visa Processing Time, K-1 Visa, K-1 Visa Processing Time, K-2 Visa, K-2 Visa Processing Time, K-3 Visa, K-3 Visa Processing Time, K1 Visa, K1 visa processing time, K2 Visa Processing Time, K3 Visa, K3 Visa processing time, K4 Visa Processing Time, National Visa Center, United States Citizenship and Immigration Service, US Consulate, US Embassy, USCIS, USCIS Processing Time, USCIS Processing Times
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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.

Tags: CDC, Center for Disease control, CR-1 Visa Thailand, Department of State, HIV, I-601, I-601 Waiver, IR-1 Visa Thailand, K-1 Visa, K-1 Visa Thailand, K-2 Visa, K-3 Visa, K-3 Visa Thailand, K-4 visa, Medical Examination, Tuberculosis, US Consulate Chiang Mai, us embassy bangkok, us embassy thailand, US Immigration Medical Examination
Posted in US Consulate Chiang Mai | 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 »

Recently, the United States Tenth Circuit Court held that, under certain circumstances, those holding K-2 visas who wish to adjust status do not “age out.” The tenth circuit’s opinion is found in Colmenares Carpio v. Holder, No. 08-9536 (10th Cir. Jan 12, 2010). To quote directly from the immigration slip opinion blog regarding the underlying facts of the case:

The petitioner entered the United States in K-2 status 6 months before turning 21. His mother married the US citizen within the required 90 days, and the petitioner and his mother applied for adjustment of status before he turned 21. USCIS took two and a half years to decide his application for adjustment of status. USCIS denied the application based on Petitioner’s age on the date of adjudication of the application. An Immigration Judge found that Petitioner was not eligible to adjust status because he was over the age of 21, and the BIA affirmed with a one paragraph unpublished decision.

To further quote the aforementioned blog, within the language of the opinion, the Tenth Circuit Court commenced with an analysis “of [the] statutory construction and found that there is no age limitation on adjustment of status of K-2 visa holders.” That being said, the court’s analysis in this case, “declined to address other scenarios such as when the marriage or the filing of the application occur after turning 21.”

This decision deals with a somewhat narrow set of facts as the K1 visa holder managed to arrive in the US, marry within 90 days, apply for adjustment of status and obtain approval prior to the K2 visa holder’s 21st birthday. The K2 visa holder applied for adjustment of status prior to his 21st birthday, but the case was not adjudicated until afterward.  This court in the above cited opinion has held that based upon these facts, the K2 visa holder did not “age out” and could therefore still adjust status.

For those who are unaware of how the K1 visa process works: the K-1 visa holder enters the United States and has 90 days to get married and apply for adjustment of status. The K1 (or K2) holder is allowed to remain in the USA pending a decision on the adjustment application (in fact is departure is necessary an advance parole travel document should be obtained prior to departure in order to preserve status).

A K2 visa is derivative of a K1 and is intended for the children of K1 visa holders. The statute is somewhat ambiguous regarding K2 visa holder’s rights when it comes to adjustment of status, but the opinion above has clarified some of the issues surrounding K2 visas, but further clarification is needed as in a different factual scenario it is possible that a K-2 visa holder could be barred from adjusting their status.

Tags: Adjustment of Status, Aging Out K-2 Visa, Aging Out K2 Visa, K-1 Visa, K-1 Visa Thailand, K-2 Visa, K-2 Visa Age Out, K-2 Visa Aging Out, K-2 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Age Out, K2 Visa Aging Out, k2 visa thailand, US Visa, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, Upcoming Legislation, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

We discuss the K1 visa on this blog frequently. A K2 visa is a derivative child visa designed for the child of a beneficiary of a K1 fiance visa. Under the government interpretation of US Immigration law. Children in the United States of America on a K2 visa who fail to adjust their status before the age of 21 “age out,” and must leave the country, apply for a new visa, and then return to the USA on an Immigrant visa. Unfortunately, this system can result in a delay of months or years for the would-be K2 visa beneficiary as Immigrant visa applications for the 21 year old step children of US Citizens can take as long as 3-5 years to be adjudicated. At the time of this writing, the case known as In Re Qiyu Zhang is pending in the US court system and could change this rule.

Advocates for United States Immigration reform await the outcome of this case with great anticipation as a favorable opinion would provide many new benefits to the children of American Immigrants. The American Immigration Lawyers Association (AILA) has filed a brief in support of ending the “age out” interpretation of the K visa statute. To quote the American Immigration Lawyer’s Association directly:

“[T]he only reasonable interpretation of the K visa provisions is that Congress intended that a K-2 visa beneficiary be able to adjust status within the U.S. even after turning 21. Any other interpretation produces absurd results. Congress explicitly provided that the child of a fiancé(e) K-1 visa holder was eligible for a K-2 visa and admission to the U.S. up until he or she turned 21. Under DHS’ interpretation, K-2 beneficiaries …who are admitted to the U.S. shortly before their 21st birthday, and who thus have insufficient time to complete the adjustment process, must immediately depart the U.S. upon turning 21. Congress certainly did not intend for some K-2 visa beneficiaries to be restricted to a visit to the U.S. – in some cases, for only a matter of days – the result that flows inevitably from DHS’s interpretation of the statute. Instead, as demonstrated below, the statute can and must be interpreted to allow all K-2 visa holders, no matter their age after admission, a viable path to adjust to lawful permanent residence status.”

This writer concurs with the opinion in the aforementioned brief as K2 beneficiaries should be allowed to adjust staus even after they have turned 21. Even though the K2 could technically be considered a dual intent travel document, the primary reason for its use is for children to travel to the US and adjust status. In this case, denying Immigration benefits due to age is too arbitrary and failure to adjust status because one reaches the age of 21 violates the spirit of the K visa statute.

Tags: Add new tag, Adjustment of Status, Adjustment of Status Thailand, Fiance Visa, Fiance Visa Thailand, Fiancee Visa, Fiancee Visa Thailand, K-1 Visa, K-1 Visa Thailand, K-2 Visa, K1 Visa, K1 Visa Thailand, K2 adjustment of status, K2 Visa, k2 visa thailand, US Visa, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, Legal Opinion, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

An extremely common topic on this blogs involves the US K1 visa. The K1 visa is designed for fiances of American Citizens. This visa allows the foreign fiancee to travel to the United States of America for the express purpose of getting married and adjusting status to lawful  permanent resident. It is a “dual intent” visa meaning that it is non-immigrant, and therefore temporary, but converting to an Immigrant visa is statutorily allowed and in a way somewhat encouraged as K1 visa holders who leave the United States cannot reenter on the same K1 without first obtaining permission to do so, this permission is known as advance parole.

With this in mind, there is another visa related to the K1 fiance visa. This visa is referred to as the K2 visa. A K2 visa is designed for the children of the holder of a K1 visa. It is a “derivative visa,” in that the benefits conferred in the K2 visa are entirely dependent upon the K1 visa holder’s status. For example, if a Thai fiancee has a child and they are each applying for a K1 visa and K2 visa respectively, then if the K1 visa application is denied the K2 application will be summarily denied as well.

The K2 visa is also derivative in that it “piggy backs” on the K1 visa during the adjustment of status process. This means that if the K1 visa holder and the K2 visa holder enter the United States together, then they ought to adjust their status at the same time as the process is likely to be more streamlined.

Those holding a United States K2 visa must abide by the same conditions as one holding a K1 visa. The K2 visa is non-immigrant, but the dual intent doctrine applies (this allows for the visa holder to intend to adjust status upon entry). Further, the K2 is also a single entry visa, so the K2 holder would also need to obtain advance parole before leaving the United States. The derivative nature of the K2 creates a difficult situation if the K1 holder leaves the United States without obtaining advance parole. In this situation, the K2 holder would fall out of status the moment the K1 holder leaves and falls out of status. That being said, unlawful presence generally does not accrue against minor children so the child in the US unlawfully would likely not be barred from later reentering based upon a legal grounds of inadmissibility due to an overstay.

It should also be noted that the K2 beneficiary will need to accompany their parent to the K1 visa interview at the US Embassy in Bangkok. In all likelihood, the Consular officer will not wish to speak with the child, but they will want to physically see them.

Tags: Adjustment of Status, advance parole, K-1 Visa, K-2 Visa, K1, K1 Visa, K1 Visa Thailand, K2 Visa, k2 visa thailand, Visa for Thai Child
Posted in Adjustment of Status, Fiance Visa Thailand, General Legal Information, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »