Integrity Legal

Posts Tagged ‘K1 Visa Singapore’

5th June 2011

This posting discusses the issues associated with retaining an American attorney to assist with the K-1 visa process. Those thinking about retaining assistance in the K-1 visa process are well advised to conduct thorough research prior to making any irrevocable decisions.

The K-1 visa is a non-immigrant US fiance visa which was intended to be used solely by the foreign fiances of American Citizens. The K-1 visa allows the foreign fiancee of an American Citizen to enter the United States for a period of 90 days of the purpose of marriage. Those who do not marry their American fiance after 90 days in the USA will be required to depart from the USA. Readers should bear in mind that the entrant to the United States on a K-1 visa who marries their loved one must undergo the adjustment of status process in order to gain lawful permanent residence in the U.S.A.

The purpose of this article is to provide insight to Americans about the perils of dealing with non-licensed individuals who purport to be qualified to practice United States Immigration law (or any American law, for that matter) . Pursuant to 8 CFR 292.1 only a qualified lawyer licensed to practice law in at least one U.S. State or Federal jurisdiction is entitled to engage in the receiving of client fees in connection with the practice of United States immigration law. Therefore, those not so qualified must either fit within a narrow exception to the aforementioned rule lest their behavior be deemed to be illegal. It should be noted that attorney-client confidentiality is a significant issue which should be considered when ascertaining the credentials of those claiming qualification in United States immigration matters abroad as there are many so-called “visa agents” or “immigration consultants” claiming qualification to provide services in connection with U.S. immigration. Attorney-client privilege is not extended to those not qualified as an American attorney and therefore discussions with unqualified individuals are likely not privileged communications. Meanwhile, some individuals brazenly, albeit falsely, portray themselves as American attorneys when, in fact, this is simply not the case.

For all of the reasons outlined above it should be noted that only a competent licensed attorney from the United States should be retained to assist prospective clients. Readers should understand that this message is not conveyed as an advertisement of this particular blogger’s services, as this is not this blogger’s intention in creating this posting. Instead, this post should be viewed as a reminder to readers that this decision should be made by prospective clients after serious contemplation and thorough research of all possible candidates for an attorney position. Attorney-Client relationships are not “one size fits-all” and neither is quality legal service. Therefore, the public should conduct research before coming to an informed decision about hiring an attorney.

For related information please see: K1 Visa Thailand or K1 Visa Cambodia.

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15th January 2011

Those who have perused this web log in the past may have taken notice of the fact that the administration routinely posts the holiday closing schedules of the various US Missions in Asia in the hopes that doing so will forestall fruitless trips by Americans abroad to a closed Embassy observing an American or foreign holiday. To quote directly from the official website of the US Embassy in Singapore:

The American Embassy will observe the following American and Local Holidays.

2011

OFFICIAL DATE

U.S. HOLIDAY

LOCAL
HOLIDAY

DATE
OBSERVED

Jan. 1 New Year’s Day New Year’s Day Fri., Dec. 31
3rd Mon in Jan. Birthday  of Martin Luther King, Jr.

Mon., Jan.17
Feb. 3 – 4

Chinese New Year Thurs., Feb.3

Fri., Feb.4

3rd Mon in Feb. Washington’s

Birthday

Mon., Feb.21
Apr. 22

Good Friday Fri., Apr. 22
May 1 (Sun.)

Labor Day Mon., May 2
May 17

Vesak Day Tues., May 17
Last Mon in May Memorial Day

Mon., May 30
Jul. 4 Independence Day

Mon., Jul. 4
Aug. 9

National Day Tues., Aug. 9
Aug. 30

Hari Raya Puasa Tues, Aug.30
1st Mon in Sept. Labor Day

Mon., Sept.5
2nd Mon in Oct. Columbus Day

Mon., Oct.10
Oct.26

Deepavali Wed., Oct.26
Nov. 6 (Sun)

Hari Raya Haji Mon., Nov. 7
Nov.11 Veteran’s Day

Fri., Nov. 11
4th Thurs in Nov. Thanksgiving

Thurs., Nov. 24
Dec. 25 (Sun) Christmas Christmas Mon., Dec. 26
Jan.1, 2012 (Sun) New Year New Year Mon., Jan.2, 2012

Those seeking services such as issuance of a Consular Report of Birth Abroad, US Passport, or additional pages for a previously issued US passport are well advised to contact an American Citizen Services Section of the nearest US Consulate with appropriate jurisdiction as such requests, made by those physically present abroad, are generally only processed at US Missions abroad. Making an appointment online to visit a US Mission abroad can greatly facilitate the processing of requests and \streamline the processing of an individual’s request.

Those wishing to visit the official homepage of the US Embassy in Singapore please click HERE.

Those seeking travel documents such as the B-2 visa (US tourist visa), B-1 visa (US business visa), F-1 visa (US student visa), or J-1 visa (US exchange visitor visa) are likely to process their application through a Non-Immigrant Visa (NIV) Unit abroad. Those seeking such travel documents should bear in mind that non-immigrant visa applications are scrutinized pursuant to section 214(b) of the United States Immigration and Nationality Act.

Those Americans seeking family based visa benefits for an immigrant spouse (CR-1 visa or IR-1 visa) will likely see their loved one process their visa application through an Immigrant Visa (IV) Unit abroad. For purposes of visa application processing the K1 visa, although a US fiance visa technically classified as a non-immigrant travel document, is treated in much the same way as the immigrant visa applications.

Those seeking a business or investment visa such as an E-2 visa (Treaty Investor), L-1 visa (Intra-Company Transferee) , or EB-5 visa (Immigrant Investor) are likely to be required to process an immigration petition through the United States Citizenship and Immigration Service (USCIS) prior to submitting a visa application abroad. In the case of the E-2 visa, those seeking such visa benefits abroad may not be required to process an immigration petition with USCIS.

For related information please see: US Visa Singapore.

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11th December 2010

The issue of immigration fraud is a serious one. Authorities of the United States government within the Department of Homeland Security (DHS), the Department of State (DOS), the United States Citizenship and Immigration Service (USCIS), the United States Customs and Border Protection Service (USCBP), and the United States Immigration and Customs Enforcement Service (USICE) are all tasked with the responsibility of screening and investigating matters pertaining to visa and immigration fraud. It recently came to this blogger’s attention that the Immigration and Customs Enforcement Service, colloquially referred to as ICE, apprehended a Nigerian man in connection with US visa fraud. To quote directly from the ICE.gov website:

HOUSTON – A Nigerian man on Monday was stripped of his U.S. citizenship at his sentencing hearing for conspiracy to commit marriage fraud, marriage fraud, naturalization fraud, and making a false statement to a federal agency. The sentence was announced by U.S. Attorney José Angel Moreno, southern District of Texas. The investigation was conducted by the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI). Ibraheem Adeneye, 33, who is originally from Nigeria and became a naturalized U.S. citizen, was convicted of the charges May 7 by a jury. He has been in federal custody on these charges for about six months. U.S. District Judge Kenneth Hoyt sentenced Adeneye to the time he has already served in prison. The judge also granted the government’s motion to strip Adeneye of his U.S. citizenship. Adeneye is now subject to deportation.

Denaturalization is the process by which a person is stripped of United States Citizenship and returned to foreign national status. Regarding the issue of sham marriage and the United States Immigration process, the report went on to note:

The ICE HSI investigation was initiated in 2008. Adeneye indicated that he was engaged in brokering sham marriages between Nigerian nationals and U.S. citizens so that the Nigerians could obtain immigration benefits, ultimately leading to U.S. citizenship. In return, the U.S. citizen “spouses” received cash payments to assist the Nigerians in the deception.

Incorporating a sham marriage into an effort to obtain United States visa benefits is a serious crime as can be seen from the above cited report. Those thinking of filing for American Immigration benefits should note that it is NEVER a wise course of action to lie to immigration authorities or attempt to deceive the United States government or its officers. Even if one becomes a United States Citizen, then previous fraudulent activity during the visa process could result in possible de-naturalization and criminal charges.

It should further be noted that those seeking American visa benefits should consult a licensed attorney in an effort to gain insight into the immigration process as only an American attorney licensed and in good standing in at least one US state is entitled to provide advice, counsel, and/or possible representation before the United States Department of Homeland Security and the Department of State.

For related information please see: K1 visa Thailand or K1 Visa Singapore.

more Comments: 04

22nd September 2010

Those who read this blog on a regular basis may have noted that recently less attention has been paid to the K1 visa than in the past. This development is partly due to the fact that there has been little to report regarding the US fiance visa as there have been few dramatic changes to the K1 visa process since the beginning of the year 2010. That said, with Comprehensive Immigration Reform possibly on the horizon, there are those who believe that many changes will be made to current US Immigration protocols. In a recent announcement, the American State Department sought comments regarding the DS-156K. This form is specifically used for Consular Processing of the K1 fiance visa. To directly quote an excerpt from the announcement as distributed by the American Immigration Lawyers Association (AILA):

We are soliciting public comments to permit the Department to: Evaluate whether the proposed information collection is necessary to properly perform our functions. Evaluate the accuracy of our estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. Enhance the quality, utility, and clarity of the information to be collected. Minimize the reporting burden on those who are to respond, Abstract of proposed collection: Form DS-156K is used by consular officers to determine the eligibility of an alien applicant for a non- immigrant fiancee visa. Methodology: The DS-156K is submitted to consular posts abroad.

In the past, the DS-156K might have also been utilized in a K3 Visa application pending before a US Consulate or US Embassy. However, the National Visa Center announced this year that many of the K3 visa applications will be “administratively closed” in cases where the underlying I-130 petition (used for spouse visas such as the CR1 Visa and the IR1 Visa) arrives at NVC simultaneously or prior to the arrival of the I-129f petition for a K3 visa.

In the context of the K1 visa, this request for comments would appear to be an attempt by the State Department to assess the utility of the DS-156K in an effort to streamline the processing of future K visa applications. How the comments will ultimately be used remains to be seen, but any attempt to make the visa process more efficient should be greeted positively by this author as the visa process can sometimes prove to be confusing and cumbersome those American Citizens wishing to bring a loved one to the United States.

For further information please see: K1 Visa Thailand or K3 Visa Thailand.

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