Integrity Legal

Posts Tagged ‘K1’

31st October 2022

Unlike the past two and a half years, border running in Thailand is again possible as Thailand reopens and allows tourism once again. As to the definition of a “border run” it may be best to quote directly from legal.co.th:

So in my mind, the Border Run is basically when someone hops over the border for example Cambodia, Laos, Myanmar, Malaysia, here in Thailand, they literally just hop over the Border. What you see a lot of down here in Bangkok, Pattaya area, sort of the eastern part of Thailand, you see a lot of folks run over the border to Cambodia. Literally they just hop the Border, they are there for a relatively short period of time, almost nominal period of time and then they hop right back into Thailand and then they get their status that way.

This definition is different from that of a visa run which is defined as:

Then there is what I think of as a Visa Run which is when one flies or you could drive but ultimately what is going on here is you are going to an Embassy, in this case a Thai Embassy and getting a new actual Visa, then coming back to Thailand.

Although border runs are again possible, those who do not use a visa agency or transportation service which specializes in border runs may find themselves unable to depart and return to Thailand in the same day.

Meanwhile, officials within the American State Department have noted that they are taking steps to decrease processing times for US visas. To quote directly from the State Department’s website:

As for many service providers, the COVID-19 pandemic forced profound reductions in the Department’s visa processing capacity in two main ways.  First, restrictions on travel to the United States, and local restrictions on public places like our overseas consular waiting rooms, curbed our ability to see visa applicants.  As most applicants are required by U.S. law to appear in person, these restrictions forced a reduction in the number of visa applications the Department could process.

Second, as revenue from the application fees that fund visa processing operations was cut nearly in half, the Department was forced to leave more than 300 overseas consular officer positions unfilled in 2020 and 2021.  This further reduced the number of visa applications we could process.

One method DOS appears to be using is waiver of interviews (this should not be confused with an I-601 waiver or an I-212 waiver). In certain nonimmigrant visa cases it may be possible to apply for, and receive, a visa without the need to physically be present in the interview:

During the pandemic, the Department of State coordinated with the Department of Homeland Security to waive in-person interviews for several key visa categories, including for many students and temporary workers integral to supply chains.  In addition, applicants renewing nonimmigrant visas in the same classification within 48 months of their prior visa’s expiration are now eligible to apply without an in-person interview in their country of nationality or residence.  This has already reduced the wait time for an interview appointment at many embassies and consulates.  We estimate 30 percent of worldwide nonimmigrant visa applicants may be eligible for an interview waiver, freeing up in-person interview appointments for those applicants who still require an in-person interview.

Actual case processing time remains far longer than prior to the second quarter of 2020 so the practical impact of these initiatives remains to be seen.

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28th September 2022

Officials in Thailand are set to end the Emergency Decree on October 1. With the end of the emergency decree there are immigration implications. Most notably, beginning in October all present testing and vaccination requirements associated with entering Thailand will be rescinded. However, the end of the emergency decree does not necessarily entail all positive developments. Since March of 2020, Immigration officers in Thailand have had increased discretion regarding the issuance of Thai visa conversion. Under normal circumstances, the prevailing paradigm in Thai Immigration is that non-immigrant visa holders (or those holding an exemption) should leave Thailand and obtain a new visa, via a “visa run,” if they wish to have a different non-immigrant category. Following the inception of the emergency decree, and the issues associated with travel over the past 2 and a half years, Immigration officials had wider latitude to grant in-country changes of visa status. As travel is now less cumbersome, and therefore the capability of completing a border run is now restored, it seems likely that Immigration’s discretion to allow in-country change of visa status may evaporate.

All news is not necessarily bad, however, as October 1 will see an extension of the lawful status bestowed upon those entering Thailand in Thai visa exempt status. Until now, those traveling to Thailand and entering with a Thai visa exemption stamp have only been allowed 30 days of status. It was recently announced that such status will be extended to 45 days. Concurrently, those entering Thailand and obtaining a visa on arrival will be granted 30 days of status instead of the standard 15. Apparently, this measure is only temporary as this initiative is designed to spur tourism to Thailand during the upcoming high season. Whether this plan will have the desired effect remains to be seen.

October also ushers in a new insurance regime associated with the Thai O-A retirement visa, as opposed to the O retirement visa extension issued by Thai Immigration officials in-country. Those wishing to obtain or maintain a Thai O-A retirement visa will now need to show that they have at least 3 million baht in insurance coverage, or the equivalent amount of funds in a Thai bank account if a visa extension in O-A status is sought.

There are many who ponder whether the end of the emergency decree will also result in faster processing of certain US visas. It remains to be seen whether this development will have any appreciable impact upon the US Immigration process, especially Consular processing, but it stands to reason that this development could only operate to the benefit of those seeking immigration benefits for the USA.

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30th April 2022

It has recently come to this blogger’s attention that the Thailand Pass, a system not unlike the US’s Electronic System for Travel Authorization (also known as ESTA), will remain in place for at least the immediately foreseeable future. To quote directly from Thai PBS World:

The Centre for COVID-19 Situation Administration (CCSA) will not scrap the “Thailand Pass” scheme, as has been widely anticipated, but will shorten the registration process for overseas tourists applying to enter Thailand as the “Test and Go” one-night quarantine scheme for the fully vaccinated is scheduled to come to an end on April 30, CCSA assistant spokesperson Sumanee Wacharasint said today (Thursday). Dr. Sumanee added, however, that when COVID-19 situation in the country steadily improves, the CCSA may consider further easing of restrictions. She explained that there are currently four steps in the “Thailand Pass” application process, namely checking of vaccination certification, checking of the evidence of advanced hotel bookings, checking of proof of insurance coverage while in Thailand, and proof of booking for RT-PCR testing…Meanwhile, Prime Minister Prayut Chan-o-cha will personally oversee preparations by all agencies to cope with overseas arrivals, once the “Test and Go” scheme ends on April 30, according to Traisulee Traisoranakul, deputy spokesperson for Government House today (Thursday).

The Thai Pass has proven to be an obstacle to seeing tourism fully recover in Thailand as many prospective tourists do not wish to undertake the process of getting a Thailand Pass issued. That stated, there is reason to be hopeful for the return of tourists to Thailand as a substantial amount of obstacles have been removed for both vaccinated and unvaccinated travelers wishing to gain admission to Thailand. Most notably, either of the aforementioned groups of travelers, with correct documentation, can now avoid the need to quarantine in a Thai hotel. This requirement, sometimes referred to as the Test and Go program, has been removed.

Notwithstanding recent announcements from the Biden administration regarding the desire to decease the Immigration case processing backlog, US visa cases are still processing in a relatively slower manner than they were prior to the pandemic. This seems to be especially true in cases where applicants are seeking immigrant spouse visas, such as the CR-1 visa and the IR-1 visa, for the USA. The National Visa Center seems to be a major sticking point in terms of overall processing time. For this reason, some prospective immigrants are opting to use the K-1 visa rather than an immigrant spouse visa in order to gain admission to the USA more quickly. Hopefully the situation will improve over the course of the rest of the year and we will update this blog accordingly.

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30th March 2022

Thai Immigration rules have been easing substantially in recent weeks. However, the Thailand Pass remains a rather obtuse obstacle for many would-be travelers to Thailand. It appears that is vexing issue may soon end. To quote directly from Thai PBS World:

The Ministry of Tourism and Sports will propose to the Centre for COVID-19 Situation Administration (CCSA) that the “Thailand Pass” requirement for all international arrivals be revoked and that the RT-PCR COVID-19 tests required upon arrival be replaced with the quicker Rapid Antigen Tests. According to Tourism and Sports Minister Phiphat Ratchakitprakarn, the replacement of the RT-PCR test on arrival, tentatively set to start on May 1st, with antigen tests conducted by formal medical facilities, would only be possible if COVID-19 infections and deaths during and after the long Songkran long holiday in April remain stable, at between 50,000 and 60,000 cases a day, including those who have only tested positive using antigen tests and daily fatalities do not exceed 100.

Although it remains to be seen if the Thailand Pass will be terminated, as of the time of this writing an end to the PCR test prior to departure for Thailand appears to be on the cards. Should this come to pass, it would substantially improve the present protocols associated with entry to Thailand. It is hoped that this will spur demand in the Thai tourism sector. Meanwhile, there appears to be some really good news with respect to US visa processing. To quote directly from the USCIS website:

Today, U.S. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. USCIS will set new agency-wide backlog reduction goals, expand premium processing to additional form types, and work to improve timely access to employment authorization documents. Due to the COVID-19 pandemic and resource constraints resulting from the prior administration, USCIS inherited a significant number of pending cases and increased processing times. Through today’s actions by the Biden administration, USCIS is acting to reduce these caseloads and processing times, while also ensuring that fair and efficient services are available to applicants and petitioners…To reduce the agency’s pending caseload, USCIS is establishing new internal cycle time goals this month. These goals are internal metrics that guide the backlog reduction efforts of the USCIS workforce and affect how long it takes the agency to process cases. As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023. The agency’s publicly posted processing times show the average amount of time it took USCIS to process a particular form – from when the agency received the application until a decision was made on the case. Internally, USCIS monitors the number of pending cases in the agency’s workload through a metric called “cycle times.” A cycle time measures how many months’ worth of pending cases for a particular form are awaiting a decision. As an internal management metric, cycle times are generally comparable to the agency’s publicly posted median processing times. Cycle times are what the operational divisions of USCIS use to gauge how much progress the agency is, or is not, making on reducing our backlog and overall case processing times.

Although it is highly unlikely that this will have an immediate impact upon overall processing times, especially for K-1 visas for fiances and K-3 visas for spouses (not to be confused with IR-1 or CR-1 visas), it is likely that this will reverse a troubling overall trend in the American immigration apparatus and hopefully we will begin to see more normalized processing times by the end of 2022.

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26th February 2022

In what can only be described as good news for the tourism industry in Thailand, it appears the re-introduced “Test and Go” scheme is about to be less cumbersome. To quote directly from a recent article in the Bangkok Post:

The government will further relax entry rules for foreign visitors starting next month, bowing to demand from the local tourism industry to lower costs as more countries ease border controls to lure holidaymakers. Vaccinated arrivals to Thailand will not be required to undergo a mandatory polymerase chain reaction test on the fifth day of the arrival starting March 1. Instead, they can do a self-antigen test, scrapping the requirement to have a confirmed hotel reservation for the test. The Centre for Covid-19 Situation Administration (CCSA), the main virus task force chaired by Prime Minister Prayut Chan-o-cha, also lowered the minimum medical insurance coverage for visitors to no less than $20,000 from $50,000.

The 5 day test requirement proved to be a major sticking point for many prospective travelers especially as it created a rather expensive accommodation requirement. It is also noteworthy that insurance requirements have been eased as well. Insurance requirements have proven to be a point of concerns for many would-be tourists to Thailand. It is also a concern for many retirees in Thailand. This is especially the case as new regulations are set to come online in October which would require those with an O-A retirement visa to obtain 100,000 USD coverage for health insurance. For those unable to obtain such coverage, it may be possible to utilize new rules allowing for “self-insurance“. That stated, the requirements would mean a substantially higher burden on some prospective retired expats. It is worth nothing that these requirements do not appear to apply to those holding an O retirement visa, but only the O-A subcategory.

The Thailand Elite Visa will now have the option for issuance of a Thai work permit, but with a price tag of 32 million Baht, and the fact that the Elite visa does not confer Thai permanent residence, it seems unlikely that a large number for foreign nationals will avail themselves of the privilege.

Meanwhile, in an American immigration context, backlog appears to be the greatest overall concern. Quoting directly from a recent article from the Guardian:

America’s immigration courts are struggling to function at the most basic level, with courts that are already woefully understaffed and judges often undertrained now overwhelmed by a growing backlog of more than 1.6m cases, industry leaders have warned. The system is so damaged that judges, scholars and attorneys all share concerns about whether immigrants due in court will even receive notice before their hearings so they know to show up and aren’t ordered deported in absentia – an urgent concern made worse by volatile immigration policies at the US-Mexico border.

Many similar issues are occurring in the Department of Homeland Security’s U.S. Citizenship and Immigration Service (USCIS) as backlogs and slow processing plague cases of those seeking a K-1 fiance visa or marriage visas such as the K-3 visa or the immigrant spouse visa categories such as the CR-1 or IR-1 visa. There is legitimate concern that these backlog issues are straining the underlying relationships in these cases to the point where they are sometimes destroyed. Hopefully these issues will be rectified in the foreseeable future.

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21st December 2021

There was discussion that the “test and go” scheme, which effectively eliminated quarantine for foreign travelers, would be suspended and then the discussion became moot as authorities in Thailand announced that the scheme would end effective immediately. To quote directly from the Thai Enquirer website:

The Thai government said on Tuesday that it will scrap the recently implemented Test and Go Plan as Omicron variant cases spike worldwide. The Test and Go Plan, which allowed foreign arrivals to skip quarantine, and the Thailand Pass system will be suspended and reevaluated again on January 4.

This raises the question: what about those who already booked their travel plans and were expecting to use the “test and go” system? Well, apparently, they will be allowed to enter so long as they had already booked their travel, quoting further:

All travelers that previously applied for and received the Thailand Pass can still enter the kingdom until January 10 but must report two more PCR negative tests.

Meanwhile, it seems the Thailand Pass system may also be suspended. To quote directly from the ASEAN Now website:

Thailand has suspended its ‘Thailand Pass’ and ‘Test & Go’ schemes due to fears over the Omicron variant of COVID-19. Thailand’s Prime Minister Prayuth Chan-O-Cha has ordered the immediate suspension of new registrations for Thailand Pass and at the same reinstated mandatory quarantine effective immediately. The PM announced on Tuesday afternoon that Test & Go will be put on hold until at least January 4, 2022. The so-called ‘Sandbox’ programs will also be suspended. “After Dec. 21, there will be no new registrations for ‘Test and Go’, only quarantine or Phuket sandbox,” said deputy government spokeswoman Rachada Dhanadirek.

With a “stroke of the pen” the travel situation has reverted back to the status it was at in mid-summer of 2021. This raises the question: will certificates of entry once again be the order of the day when traveling to Thailand? It would appear so, although the situation remains in flux and could change rather rapidly as past events have shown.

Concurrently, many of those wishing to obtain visas to the USA are finding that backlogs are common throughout the Immigration process. Presently, there are very few interview being scheduled at the US Embassy in Bangkok, citing concerns about the pandemic. Furthermore, American tourist visa applications are not processing as quickly as they did in the past due to interviews being scheduled nearly a year out. Even cases that have seen interview are seeing issues as Administrative Processing is delaying a number of cases, sometimes for a prolonged period of time.

Hopefully, the overall situation will improve and we will update this blog as the situation evolves.

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17th October 2021

There are a substantial number of news stories currently noting the announced reopening of Thailand for a broad swath of tourists beginning November 1. To quote directly from the Bangkok Post:

Thailand will allow fully vaccinated visitors from low-risk countries to enter the kingdom without quarantine from Nov 1 as a key effort by the government to boost the economy. In a televised broadcast on Monday night, Prime Minister Prayut Chan-o-cha said he has instructed the Centre for Covid-19 Situation Administration (CCSA) and the Public Health Ministry to consider reopening the country to fully vaccinated tourists without quarantine on Nov 1. However, pre-conditions are that international visitors will need to show that they are Covid-free at their time of travel with an RT-PCR test undertaken before they leave their home country, and then have a test in Thailand…

Clearly the government seems intent upon reopening, but there are some who question whether Thailand will actually reopen on the date selected. Some have pointed out that the deadlines remains tentative. As of the time of this writing the regulations regarding entry to Thailand remain as they have been since April of 2021 for the unvaccinated traveling to Thailand by land, while vaccinated travelers coming by air have seen their quarantine period reduced to 7 days and the unvaccinated must now only quarantine 10 days. Meanwhile, there is also discussion about abolishing the certificate of entry in favor of a “Thailand Pass”. To quote again from the Bangkok Post:

The Ministry of Foreign Affairs and the Digital Government Development Agency are developing a new system to replace the certificate of entry (CoE) for Thais and foreigners who wish to enter the country through an airport. Tanee Sangrat, spokesman for the Foreign Affairs Ministry, said on Thursday a new web-based application called the Thailand Pass system, where people can gather information and upload documents, is being developed for the kingdom’s Nov 1 reopening. Mr Tanee said the Thailand Pass will replace the CoE system and facilitate the filing of an immigration form known as the TM6 and a health declaration form known as T8…

Although the new Thailand Pass will replace the certificate of entry, many of the attributes of this new system appear very similar to the COE system and it should be noted that for some travelers a certificate of entry may still be required. The analysis regarding who requires a certificate of entry to be admitted to Thailand and who can use the Thailand Pass will depend upon the specific facts in a given case.

As Thailand appears to be easing restrictions associated with inbound travel, backlogs in the American immigration system persist. Presently, it is taking an extremely long time, compared to times past, to secure an appointment for an American tourist visa interview. Concurrently, those seeking a K-1 visa or a K-3 visa for a Thai fiancee or spouse to travel to the USA are seeing interview appointments allocated with a decreasing frequency. Furthermore, appointments being issued through the National Visa Center for CR-1 visas and IR-1 visas for immigrant spouses are also increasingly scarce. Hopefully, these delays are temporary and we will see speedier processing of these cases sooner rather than later.

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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.

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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.

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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.

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