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Posts Tagged ‘us embassy bangkok’
10th MAR 2010
CRBA: Consular Reports of Birth Abroad and Consequences of Denial
Posted by : admin
Consular Reports of Birth Abroad (CRBA) are similar to birth certificates in that they note that a child was born, but they differ in their reason for issuance. A Consular Report of Birth Abroad also notes that a child was born an American Citizen. There are two ways that a child can be born an American Citizen. One way is by birth in the United States. Although, the American Immigration and Nationality Act defines “United States” (for purposes of US Immigration) as all of the 50 states, the District of Columbia, Guam, the US Virgin Islands, and Puerto Rico birth in the non-US states or the District of Columbia may or may not cause the transmission of automatic Citizenship depending upon the situation. That being said, birth in the 50 US states definitely confers automatic Citizenship. However, there is another method of transmission of United States Citizenship and that is by blood. A United States Citizen may transmit their citizenship to their child outside of the US if at least one of the child’s parent’s meets the legal requirements for Citizenship transmission. This can become complicated as automatic citizenship transmission can be dependent upon many factors.
In order to obtain a Consular Report of Birth Abroad an applicant usually makes an appointment with the American Citizen Services Section of the appropriate US Embassy or US Consulate. In Thailand, the CRBA interview would likely take place at either the US Embassy in Bangkok or the US Consulate General in Chiang Mai.
What concerns us in this post is the prospect of a Consular Report of Birth Abroad Denial. If, by law, an American Citizen cannot transmit their Citizenship to their child automatically because the US Citizen parent did not spend enough time physically present in the US at the time of the child’s birth, then a Consular Report of Birth Abroad may not be issued and the child may not be entitled to a US passport. It should be noted that in some cases a parent cannot prove up their actual presence in the United States, but later procures proof. In this case, it may be possible to re-apply for the CRBA and, assuming the new evidence is acceptable to the Consular Officer, thereby legally prove transmission of Citizenship. However, there are some cases where the transmission of Citizenship either cannot be proven or did not, in fact, occur. In situations such as these, Americans are basically left with one option: they may petition for an Immigrant visa for their child. An American Citizen may petition for Immigrant visa benefits for their child and upon approval of a visa application and petition, the child may enter the United States with their US Citizen parent. Under the provisions of the Child Citizenship Act of 2000 if the child enters with their US Citizen parent in order to take up residence, then the “foreign” child becomes a US Citizen by operation of law upon lawful admission.
In this situation, the child may then obtain a Certificate of Citizenship (similar to a Naturalization Certificate) in order to prove their status.
For related information please see: US Visa Denial or CR1 Visa.
5th MAR 2010
Deputy Assistant US Secretary of State Discusses Increased Passport Fees
Posted by : admin
Recently we reported on this blog that the fees associated with passport issuance are likely to be increased in the near future. In a recent press release Brenda S. Sprague, Deputy Assistant Secretary for Passport Services, discussed the proposed fee increase and the policy reasons underlying the American State Department’s proposal for an increase in fees associated with American passports:
“Over the last five years, the demand for passports has increased to an average of 15 million applications per year. On February 9th, the State Department published a proposed rule in the Federal Register to increase certain fees related to U.S. passport and passport card applications. The proposed fee change is based on a comprehensive cost-ofservices study, completed in June, 2009, that was the most detailed and exhaustive study the U.S. State Department has ever conducted of its for-fee services, and updates the schedule of fees from four years ago.”
Many who are reading about this fee increase for the first time are probably wondering what the cost of passports would be under the recent proposed rule:
“Under the proposed fee schedule, the total cost for a first-time applicant aged 16 and older, who is applying for a passport book will be have $135. For those younger than 16, the price will be $105. The cost of a passport card for a first-time applicant 16 or older is $55. And for those younger than age 16, the price is $40. Passport books and cards for people who are 16 or older are valid for 10 years, books and cards issued to individuals younger than 16 are available for five years.”
When discussing this issue with American expatriates in Thailand, the initial reaction regarding this fee increase is: what are they increasing the fess and what will the new funding be used for? Hopefully the following excerpt will shed light on this issue:
“Passport fees are critically important to our keeping up with the latest developments in technology. Research and development, production, and implementation of new technologies for use in our U.S. passport books and cards must be an ongoing priority if we are to keep one step ahead of the resourceful and technologically savvy criminals, terrorists groups, and subversive elements bent on doing our nation harm. The fees cover the costs of fraud prevention initiatives such as facial recognition to help us to detect look-alike fraud and data-sharing programs that permit us to verify the validity of social security numbers, driver’s licenses, birth records, and naturalization certificates. Passport fees also help to cover the costs of providing emergency services for American citizens overseas in crises situations, something that our U.S. citizens stranded in Haiti undoubtedly appreciated.”
This issue is of critical importance to those who have American Citizen children outside of the USA. In Thailand, the usual protocol at the US Embassy in Bangkok or the US Consulate in Chiang Mai is for an American Citizen to first apply for a Consular Report of Birth Abroad. After this document is obtained from the American Citizen Services Section of the US Consulate in Bangkok, then a passport can be issued. However, the recently proposed rule would also increase the fees associated with Consular Reports of Birth Abroad as well. That being said, the rule has yet to be adopted as there is still an official comment period so these issues have yet to be fully resolved, but it is highly likely that the rule will be implemented and the fees will be raised apparently in an to reflect what the State Department claims are the increased costs of promulgating these travel documents.
For information about American Immigration from Thailand please see: US Visa Thailand.
28th FEB 2010
In a recent posting on this blog we discussed a recent internal rule change at the National Visa Center (NVC). The NVC announced that effective February 1, 2010 they will no longer process I-129f petitions for marriage visa benefits if the underlying I-130 petition arrives prior to, or at the same time as, the supplemental I-129f petition. There are those who are wondering what impact this will have upon visa seekers. For those seeking a K-3 visa, the impact of this recent announcement is very important because in many cases, the NVC will require couples to seek immigrant spouse visas such as the IR-1 visa and the CR-1 visa rather than the expedited K3 visa. However, some may be confused about how this new rule will impact those seeking a fiance visa.
In order to obtain a fiance visa, the US Citizen must file an I-129f petition for a K1 visa. If the initial petition is approved, then it will be forwarded to the National Visa Center for a security clearance. After a security clearance, it will be forwarded to the US Embassy or US Consulate with proper jurisdiction. Confusion may arise because some may be placed under the mistaken impression that the I-129f petition will be administratively closed by NVC in a fiance visa case. This is not the truth, as administrative closures of I-129f petitions are only to happen in the context of applications for the K3 visa and not the K1 visa. This recent rule change will likely have no impact upon the K1 visa process as the rule is designed to change the K3 visa process exclusively.
One upshot of this recent development is that the resources that NVC was expending in processing I-129f petitions for K-3 visas may be diverted to processing Immigrant visas or K1 visas. That being said, it is this author’s opinion that the K1 visa process is quite efficient and NVC usually takes very little time to process K1 visa applications. In most cases where the visa application is to be processed by the US Embassy Thailand, there is a two week waiting time between I-129f petition approval by USCIS and the forwarding of the file from NVC to the US Embassy. By most people’s estimate, this is a reasonable period of time to wait. In the case of Immigrant visas, the NVC processing time is considerably longer as the NVC requires more documentation in Immigrant visa matters compared to non-immigrant visa cases.
31st JAN 2010
Holiday Closing Schedule for US Embassy in Nepal
Posted by : admin
Consular Processing (the process of obtaining a US visa from an American Consulate abroad) can be very time consuming. Also, for those Americans overseas wishing to obtain a new passport, US Consular Report of Birth Abroad, or new visa pages a trip to the US Consulate is likely required. Some Americans and prospective US Immigrants are unaware that most overseas Consular posts close for both American and local holidays out of respect to the American citizens working at the post as well as host-country nationals. In an effort to provide convenience to the readers of this blog below please find the holiday closing schedule for the United States Embassy in Nepal. We provide this information in an effort to forestall people traveling to the post on days when it is not open.
Note: (A) = American Holidays
(N) = Nepali Holidays
| Date | Holiday | (A)/(N) | Information |
| January 1 | New Year’s Day | (A) | First day of the year in the Gregorian calendar, celebrated at home or in gatherings. |
| January 15 | Maghi Parba | (N) | Begins the holy month of Magh (and the end of the ill-omened month of Poush). It is celebrated by taking ritual baths and praying at shrines. As well as eating yam and ‘chaku’ (a sweet made from boiled and hardened molasses). |
| January 18 | Martin Luther King Jr.’s Birthday | (A) |
The Reverend Martin Luther King, Jr. was a black clergyman who is ranked among the greatest of black Americans because of his crusade to win full civil rights for his people. (more) |
| February 12 | Maha Shiva Ratri | (N) | “Great Shiva’s Night,” a festival celebrated with all day fasting and an all night vigil. Many Hindus gather at Pashupatinath Temple in Kathmandu. |
| February 15 | Presidents’ Day | (A) | This day honors Presidents George Washington and Abraham Lincoln. Washington was the first President. Lincoln was President during the Civil War (1861-65) between the southern and northern states, which ended with the Union intact and slavery abolished. |
| April 14 | Nepali New Year | (N) | First day of the year in the Nepal Sambat calendar. |
| May 27 | Buddha Jayanti | (N) | On this day people swarm in Swayambhunath, Boudhanath and Patan to pay homage to Lord Buddha and also visit Buddha’s birth place in Lumbini and chant prayers and burn butter lamps. |
| May 31 | Memorial Day | (A) | A holiday honoring those who have died, especially in war, often by decorating their graves with flowers. The federal legal holiday began in 1971. |
| July 5 | Independence Day | (A) | Independence Day is regarded as the birthday of the United States as a free and independent nation. (more) |
| August 24 | Janai Purnima | (N) | High caste Hindus chant the powerful Gayatri mantra and change their Sacred Thread while a red or yellow protection chord (a rakshya bandhan) is tied around the wrists of other Hindus and Buddhists. Many pilgrims journey to the mountains north of Kathmandu to emulate Lord Shiva by bathing in the sacred lake of Gosaikunda. |
| September 6 | Labor Day | (A) | Commemorates the contributions of working men and women. Labor union participation in annual parades remains common, while for many Americans the holiday marks the unofficial end of summer and beginning of the school year. |
| October 8 | Ghatasthapana | (N) | On the day of Ghatasthapana, all Nepalese worship Diyo (an oil-fed lamp), Kalas (auspicious jar) and lord Ganesh in accordance with Vedic rituals and sow maize and barley seeds in a jar filled with soil and cow dung for germination of the auspicious Jamara (barley shoots). |
| October 11 | Columbus Day | (A) | Commemorates Christopher Columbus’s first landing in the Americas, October 12, 1492. In 1937, President Franklin D. Roosevelt proclaimed the federal holiday. |
| October 14 | Phulpati(Dashain) | (N) | Tenth day of the 15-day national festival of Nepal, celebrated with sacrifices. |
| October 15 | Maha Asttami(Dashain) | (N) | |
| October 18 | Ekadashi (Dashain) | (N) | Eleventh day of the 15-day national festival of Nepal. |
| November 8 | Bhaitika (Tihar) | (N) | Fifth day of Tihar, when sisters give their brothers tika and brothers give gifts in return. |
| November 11 | Veterans’ Day | (A) | Derived from Armistice Day, commemorating the end of the First World War, November 11, 1918. Today it recognizes all members of the armed forces, living and dead, who served during times of peace or war. |
| November 25 | Thanksgiving Day | (A) | Commemorates the survival of early European settlers in the United States and their thanks to Native Americans for assistance in farming and hunting. Celebrated with a large family meal featuring turkey. |
| December 24 | Christmas Day | (A) | Holiday celebrated in the United States with family gatherings and giving presents. For Christians it commemorates the birth of Jesus Christ. |
| December 31 | Friday New Year’s Day (in lieu of Jan 1, 2011) | (A) |
This information was taken directly from the US Embassy website, but please be advised that the Embassy’s operating hours are always subject to change. For more information please see the US Embassy in Nepal’s website at this link.
For more information about Consular Processing in Thailand please see: US Embassy Bangkok.
23rd JAN 2010
Red Card: Interview and Visa Issuance at the US Embassy Bangkok
Posted by : admin
The United States Consulate at the American Embassy in Bangkok conducts most, if not all, of the immigrant and non-immigrant family based visa application interviews submitted by those resident in the Kingdom of Thailand. The Immigrant Visa Unit is a division of the United States Consulate which has been given the specific task of adjudicating Immigrant visa applications for travel documents such as the IR1 and the CR1 visa as well as the non-immigrant dual intent travel documents such as the K1 visa and the K3 visa.
The visa interview itself is viewed by many applicants with apprehension and fear as they are worried that it will be used in an attempt to undermine the applicant’s visa application. In reality, nothing could be further from the truth. In cases where the applicant has been candid, told the truth on the application forms, and provided proper documentation the interview is simply an exercise on the part of the Consular Officers to determine that the applicant is who they say they are and that they meet the legal and factual requirements for visa issuance. The interview is not conducted in an effort to somehow humiliate or degrade the applicant, it is truly an investigation into the facts of the case. This being said, those that lie on an application or falsify documentation will likely have an unpleasant experience at the US Embassy as an Administrative Processing interview with the Fraud Prevention Unit can be a less-than-pleasant undertaking. Although courteous, the Consular Officers will often conduct their due diligence zealously in order to uncover the truth regarding the facts of the application.
Honesty is always the best policy when it comes to US Immigration matters. Unfortunately, some so-called “visa agents” in Thailand encourage applicants to lie in order to cover up some perceived problem with the application. Not only is this practice unethical, but in the case of visa interviews it is almost cruel to send a non-native English speaker into the Embassy to be interrogated by officers trained and experienced in conducting these kinds of due diligence.
After the visa interview, should the application be approved, the Consular Officer will usually take the applicant’s passport and provide them with a “Red Card.” Many who research US Immigration are quite familiar with the so-called “Green Card,” which is the Resident Alien Card provided to aliens in the US as proof of lawful permanent residence in America. A “Red Card,” is the appellation that some Immigration attorneys in Thailand as well as Thai visa applicants have applied to the the small index card that the US Embassy in Bangkok provides the applicant should their passport be taken for visa issuance. The reason that this card is referred to it as a “Red Card” is due to the fact that the stamp on the card, which denotes (in Thai and English) the date and time that an applicant can pick up the passport and visa, is red.
Red Cards are not necessarily a guarantee of visa issuance as in rare cases necessary documentation is overlooked and must still be presented by the applicant. However, in the vast majority of cases when a Red Card it issued it means that the visa will more than likely be issued and can be picked up a few days after the conclusion of the interview.
Please note that each US Embassy or US Consulate has different administrative procedures and rules. Therefore, the information regarding “Red Card” issuance at the US Embassy in Bangkok may be completely irrelevant when it comes to other posts such as the US Embassy in Myanmar or the US Consulate in HCMC. Therefore it is advisable to refer to each Embassy’s individual website for specific information about processing a visa application through that particular post.
22nd JAN 2010
January 2010: USCIS Visa Petition Processing Times
Posted by : admin
One of the major questions invariably on the lips of prospective visa applicant’s and petitioners is: how long will the process take? This question is not as easily answered as some might think because the entire process is actually three processes in one. First there is the United States Citizenship and Immigration Service (USCIS) adjudication phase, then there is the National Visa Center (NVC) processing phase, and finally there is the US Embassy interview and adjudication phase. In most cases, the interview phase is the final phase of the process as the visa application is either approved or denied at this point. However, if there is a legal grounds of inadmissibility or if the applicant has previously been subject to deportation or expedited removal in the US, then either an I-601 waiver or an I-212 waiver may be necessary. In routine cases, the interview is usually the last major phase of the visa obtainment process.
That being said, the first major phase of the process involves the submission of petitions to USCIS. As many petitions are filed with USCIS each year, this phase of the process is often the most time consuming as the US Citizen or Lawful Permanent Resident’s petition must wait in the queue for adjudication.
Recently, USCIS updated their processing time estimates, below please find the most recent processing time estimates for family based petitions for K-1 visas, K-3 visas, and Immigrant visas.
The California Service Center processing times are as follows:
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 - Not yet married - fiance and/or dependent child | 5 Months |
|---|---|---|---|
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 - Already married - spouse and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | April 02, 2005 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | May 23, 2002 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | October 02, 2000 |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | January 02, 2007 |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | December 02, 2002 |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | 4 Months |
The Vermont Service Center processing times are as follows:
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 - Not yet married - fiance and/or dependent child | 5 Months |
|---|---|---|---|
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 - Already married - spouse and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | July 23, 2007 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | July 23, 2007 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | April 23, 2008 |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | May 28, 2007 |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | March 27, 2007 |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | 4 Months |
|---|
One should not misunderstand the above information, these processing times do not reflect the entire time that it takes to complete the entire visa process as a US Family visa petition must also process through the National Visa Center as well as the Embassy in the country where the visa is to be issued. In Thailand, most visa applications for family members of US Citizens or Lawful Permanent Residents are adjudicated at the US Embassy in Bangkok.
16th JAN 2010
2010 Holiday Closing Times for the US Embassy in Thailand
Posted by : admin
The US Embassy in Bangkok, Thailand is open throughout the year and keeps regular business hours from Monday to Friday of each week. The different Sections of the Embassy have differing operating hours which mostly depends upon each section’s internal administrative needs. However, many expats and tourists in Thailand are unaware that the Embassy is closed in observance of both Thai and American holidays. This can cause frustration as some people go to the Embassy under the mistaken belief that it is open when in fact it is closed in observance of either a United States Federal Holiday or an official Holiday in the Kingdom of Thailand.
In 2009, this author went to the US Embassy thinking it would be open only to find it closed in observance of Veteran’s day. The author should have checked the closing schedule before going, but this is an example of how the more obscure holidays (both US and Thai) can be overlooked by those traveling to the Embassy. Therefore, in an effort to forestall others making this same mistake, particularly those who must travel a long way to get to the Embassy, we have provided the 2010 list of holiday closures at the American Embassy in Bangkok.
In order to provide up to date information for those who wish to go to the Embassy, the following is a list of the holiday observances in 2010. On these dates, the US Embassy in Bangkok and the US Consulate in Chiang Mai will be closed.
January 1 Friday New Year’s Day
January 18 Monday Martin Luther King, Jr.’s Birthday
February 15 Monday Presidents’ Day
April 6 Tuesday King Rama I Memorial and Chakri Day
April 13 Tuesday Songkran Day
April 14 Wednesday Songkran Day
April 15 Thursday Songkran Day
May 5 Wednesday Coronation Day
May 28 Friday Visakha Bucha Day
May 31 Monday Memorial Day
July 5 Monday Substitute for Independence Day
August 12 Thursday Her Majesty The Queen’s Birthday
September 6 Monday Labor Day
October 11 Monday Columbus Day
October 25 Monday Substitute for Chulalongkorn Day
November 11 Thursday Veterans Day
November 25 Thursday Thanksgiving Day
December 6 Monday Substitute for His Majesty the King’s Birthday
December 10 Friday Constitution Day
December 24 Friday Substitute for Christmas Day
December 31 Friday Substitute for New Year’s Day
As stated previously, on the above dates the Embassy will be closed, this includes the American Citizen Services Section of both the Embassy in Bangkok and the Consulate in Chiang Mai. This could lead to difficulties for those in emergency situations who need a passport. The United States Embassy provides Emergency contact information for those needing assistance while the Embassy is closed. Follow this url to the US Embassy website for more information about contacting the Embassy during holiday closing times: http://bangkok.usembassy.gov/holidays.html.
For those interested in more information about obtaining a US visa for a Thai loved one please see K1 visa or K3 visa.
12th JAN 2010
In a recent posting on the American Immigration Lawyers Association website the author noticed a revised list of the vaccinations that are required for those seeking Immigration benefits for the United States. Below is a direct quote from the AILA publication:
Under the immigration laws of the United States, a foreign national who applies for an immigrant visa abroad, or who seeks to adjust status as a permanent resident while in the United States, is required to receive vaccinations to prevent the following diseases:
Mumps
Measles
Rubella
Polio
Tetanus and Diphtheria Toxoids
Pertussis
Influenza Type B
Hepatitis B
Any other vaccine-preventable diseases recommended by the Advisory Committee for
Immunization Practices
This information could prove useful for those assisting a prospective immigrant. This being said, the rules and required vaccinations can be subject to frequent changes. Also, the US Embassy in Bangkok maintains a list of hospitals that are permitted to conduct medical examinations for US Immigration purposes. This list is subject to change and as a result those seeking medical examination for visa obtainment purposes would be wise to contact the United States Embassy in order to obtain the most up-to-date information.
In recent months, the United States Department of State and the Center for Disease Control have changed some of the rules regarding communicable diseases and United States Immigration. HIV has been taken off of the list of diseases that will act as a bar to admission into the United States. Therefore, those who previously were inadmissible to the USA due to the fact that they had HIV no longer need an HIV waiver (also known as an I-601 waiver) to overcome their inadmissibility and may now be eligible to enter the United States provided they meet other Department of State and USCIS requirements.
The United States government has a responsibility to make sure that those entering the USA are not carrying diseases that could pose a threat to the American Citizenry. To this end, Embassy staff and Civil Surgeons at overseas hospitals take their job very seriously. In Thailand, a major issue for some applicants is Tuberculosis. Some applicants are found to have or have had TB. In these situations, a battery of tests must be conducted in order to ensure that the disease has been eradicated and the applicant is no longer contagious. For those who had TB in the past, a thorough search of the applicant’s medical records is conducted in order for the Civil Surgeon to be certain that the applicant no longer poses a threat to others. Although sometimes frustrating, the Medical Examination process is a necessary component of the due diligence conducted by the United States Embassies and US Consulates abroad.
8th JAN 2010
The US F1 Student Visa in 2010
Posted by : admin
For detailed information about F-1 Student Visas please see: F1 Visa Thailand. For further reading about American Immigration from Thailand please see: US Visa Thailand.
The F-1 Visa in 2010
Unlike the J1 visa, the F1 Student Visa rules were left unmodified with no proposals for modification in 2009. That being said, the F1 visa could turn out to be a problem for those later filing for a family visa category such as a K-1 or K-3. This can be attributed to the fact that some of those who enter the United States on an initial F-1 visa either overstay their visa or remain for a long period of time in “duration of status.” Duration of status means that the visa holder is in status so long as underlying reason for traveling to the United States still exists. Those who remain for a long period of time in duration of status are unlikely to be later found inadmissible due to overstay as they usually do not accrue unlawful presence. However, their application and file may be placed into administrative processing while the Consular Officers make a determination regarding the applicant’s previous status in the United States. In some ways, this can be more frustrating than a finding of inadmissibility because Administrative Processing can take a great deal of time as the Consular Officers diligently research the applicant’s immigration history.
The F1 visa in Thailand is similar to the J1 visa in Thailand because the applicant may interview at the US Consulate in Chiang Mai rather than the US Embassy in Bangkok if the applicant lives in the Chiang Mai Consular district. One should not assume that one post is any “better,” than the other because at either post, the Consular Officers still make their decisions based upon the Immigration and Nationality Act (INA) and the Foreign Affairs Manual (FAM). It has been the author’s opinion that Consular Officers adjudicate cases “by the book,” and therefore any type of “forum shopping,” could be counterproductive.
Unlike a K1 visa, the F-1 visa is not a dual intent travel document so the Consular Officer must make a presumption of immigrant intent pursuant to section 214b of the INA. In order to overcome this presumption, the F1 visa applicant must demonstrate that they have “strong ties,” to Thailand and do not intend to remain in the United States past the expiration of their visa. The F-1 visa applicant must further prove that he or she has the financial resources necessary to pay for the educational course of study as well as living expenses in the US.
6th JAN 2010
The US B2 Tourist Visa from Thailand in 2010
Posted by : admin
For those who are interested in learning about the details of tourist visas from Thailand please see our main page at: US tourist visa Thailand. For those who would like to see information about all aspects of American Immigration from the Kingdom of Thailand please see: US Visa Thailand.
The United States B-2 Tourist Visa in 2010
In 2010, it is this author’s opinion that the B2 visa process will remain largely the same as it was in 2009. However, a brief comparison of the current B2 visa process with that of the year 2000 could be revealing. In 2000, it was still possible to obtain a United States tourist visa through the mail. At that time, interviews were not required in certain situations if the applicant met some pre-conditions. There is anecdotal evidence which suggests that the US tourist visa application approval rate was higher prior to the introduction of the rule that there must be visa interviews for all non-immigrant visa applicants.
At the present time, an American tourist visa applicant can apply for a US Visitor Visa at either the US Embassy in Bangkok or the US Consulate-General in Chiang Mai provided the applicant resides in the Consular District. Unfortunately, this category is often sought by those who probably should not be seeking a tourist visa. This is particularly the case when it comes to Thai fiancees or girlfriends. In many cases, American citizens encourage their Thai fiancees and/or girlfriends to apply for a US tourist visa because it is a less time consuming process when compared to the application process for a K1 fiance visa. That being said, it is not an appropriate visa for those who intend to apply for adjustment of status in the United States. This is due to the fact that the US tourist visa is not a dual intent travel document meaning that the applicant must have true non-immigrant intent when he or she submits a tourist visa application. Lying about one’s intentions on a Department of State application form could lead to serious civil and criminal penalties as such activity could be construed as visa fraud. Further, one who has been found to be presenting a fraudulent visa application could be found inadmissible to the United States and barred from entering for a statutorily prescribed period of time. For those who wish to bring their loved one to the US, it may be wise to look into a K1, K3, or CR1 visa.
Even those with bona fide non-immigrant intent must still overcome the presumption of immigrant intent under section 214b of the United States Immigration and Nationality Act. One must prove that they have strong ties to Thailand (or any other country besides the US) and weak ties to the USA before a Consular Officer will approve a B2 visa application.
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