Thailand Call: 02-266 3698
USA Call: 1-(316)-974-0454
Integrity Legal
- Legal Blog
- Integrity Legal Home
- Thai Visa
- Company in Thailand
- Real Estate Thailand
- US Visa
- Contact Us
Posts Tagged ‘us embassy thailand’
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.
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.
20th DEC 2009
Proposed Consular Fee Increase For K1 & K3 Visa Applications
Posted by : admin
In a previous post on this blog this author brought up the fact that the Department of State is raising the fees for non-immigrant visas such as the US Tourist Visa, the Exchange Visitor Visa, and the US Student Visa. However, it was not clear just how this proposed fee increase would effect other types of US visas. The Department of State recently promulgated a press release discussing the impact of the proposed rule change. This author came by this press release thanks to AILA. To quote this press release:
“Under the proposed rule, applicants for all visas that are not petition-based, including B1/B2 tourist and business visitor visas and all student and exchange-visitor visas, would pay a fee of $140.
Applicants for petition-based visas would pay an application fee of $150. These categories include:
H visa for temporary workers and trainees
L visa for intracompany transferees
O visa for aliens with extraordinary ability
P visa for athletes, artists and entertainers
Q visa for international cultural exchange visitors
R visa for religious occupations
The application fee for K visas for fiancé(e)s of U.S. citizens would be $350. The fee for E visas for treaty-traders and treaty-investors would be $390. The Department will not begin collecting the new proposed fees until it considers
public comments and publishes a final rule.”
This author added the above italics for emphasis because this is a substantial fee increase compared to the current amount that must be paid in connection with K visas. At the time of this writing, the Consular processing fee paid at the US Embassy in Bangkok or the US Consulate in Chiang Mai is $131. The proposed rule would increase this fee to $350. The US State Department has noted that the increase in fees is necessary because the K1 visa and the K3 visa require more diligent adjudication on the part of Consular Officers. This author would generally agree with this statement as it has been his opinion that Consular Officers diligently investigate and judge these petitions in an effort to provide a fair, thorough, and efficient adjudication. That being said, this fee increase will probably have a major impact upon those who have already filed for K1 and K3 visa benefits. Hopefully, these fee increases will come into effect after a grace period whereby those who filed before the fee increase will be able to enjoy the previously lower fee while new applications will have the fee increase phased in. However, the logistics of this proposal may be cost prohibitive as keeping track of previously filed cases could be highly labor intensive.
For more information on this and other US Immigration matters please see: US Visa Thailand.
2nd DEC 2009
State Department Cable 99 and the Role of Immigration Attorneys
Posted by : admin
The United States Department of State is tasked with overseeing the efficient operation of US Embassies and Consulates abroad. Often, State Department headquarters issues instructions to posts abroad using official cables. In US Immigration circles there is a well known cable called “99 State,” otherwise known as 99 State 21138. This cable lays out guidelines for Consular Officers with regard to United States Immigration Attorneys.
The first notable policy outlined in the Cable deals with the relationship between Immigration attorneys and Consular Officers:
“The relationship between consular officers and immigration attorneys can be productive. Consular officers can often learn a great deal from a conscientious attorney, and vice versa.”
There is no doubt in this author’s mind that this is true. Consular officers provide a great deal of assistance when processing visa applications. More than anything, they can provide insight into the underlying policy reasons behind failure to issue a visa. In many cases, the reason for delay is due to a failure to provide pertinent information that the client did not believe was necessary to adjudicate the petition.
The Cable goes further:
“Consular officers should not pass judgment on applicants who choose to employ the services of an attorney. Some people are more comfortable working through an attorney no matter how straightforward or simple the visa case may appear to the consular officer.”
This is one section of the cable that Consular Officers seem to have taken to heart. This author has never felt that Consular Officers look askance at applications where the petitioner or beneficiary has retained an attorney to assist in preparation. With regard to case preparation, the Cable goes further:
“One important service that attorneys provide to their clients is making sure that forms are correctly completed and necessary supporting documentation presented at the time of the interview.”
Consular Officers are required to adjudicate petitions and, if the petitions receive approval, issue visas. In this author’s experience their primary goal seems to be efficient processing of bona fide petitions. Immigration attorneys can enhance the process through documentation compilation and foreknowledge of relevant issues. Those issues that may effect the outcome of a case can be dealt with in such a way that case processing proceeds smoothly. In many ways the Consulate forestalls unforeseen delays through promulgation of consistent rules:
“Posts that establish clear and consistent procedures for responding to attorney inquiries save time and resources in the long run. As with Congressional correspondence, the fuller the explanation of a refusal or a 221(g) decision, the more you will help yourself.”
It has been this author’s experience that Consular staff are very upfront about what they are seeking in a given case. Further, the role of an attorney is clearly defined by the US Embassy Thailand as no one is allowed to be present during the visa interview, this includes American fiances and husbands in K1 visa and K3 visa cases. This being said, attorneys are currently permitted to submit 221(g) follow-up documentation where necessary.
In the years since the distribution of “99 State,” it is this author’s opinion that Consular Officer-Immigration attorney relations are professional, efficient, and cordial and there is no reason to believe that this will not continue to be the case.
30th NOV 2009
US Foreign Affairs Manual (FAM): Attorney’s Role in Visa Matters
Posted by : admin
There is some misunderstanding as to an attorney’s role at the Consular processing phase of the US visa process. The Consular processing phase is usually the final visa processing phase as it usually culminates in the issuance of a US visa. In cases involving legal grounds of inadmissibility this may not be the case (as such cases require the extra step of obtaining an I601 waiver), but in a routine family visa application, such as an application for a CR1, K3, or K1 visa, the visa is generally issued soon after the Embassy interview.
Many are under the mistaken impression that an attorney can be present at the visa interview. Although this may be true at some posts, the US Embassy in Bangkok does not permit this practice. Under the provisions of the Foreign Affairs Manual (FAM), US Embassies and Consulates are entitled to set policy regarding attorney representation at the post:
“Each post has the discretion to establish its own policies regarding the extent to which attorneys and other representatives may have physical access to the Consulate or attend visa interviews, taking into consideration such factors as a particular consulate’s physical layout and any space limitations or special security concerns. Whatever policies are set must be consistent and applied equally to all.” [9 FAM 40.4 N12.4]
Although a post has wide discretion with regard to presence therein, the post is required to notify the attorney of record regarding the ultimate status of the application:
“The post must send a notification of the action taken at the time of the final immigrant visa appointment to the applicant’s attorney of record on a locally reproduced nonstandard form letter… If the immigrant visa is refused, you must hand a copy of the refusal letter, and a copy of Form OF-194, The Foreign Service of the United States of America Refusal Worksheet, attached to the form letter to the alien (making sure that the refusal worksheet is retained in the applicant’s visa file).” [9 FAM 40.4 N12.2]
The Foreign Affairs manual goes further by permitting direct correspondence between attorneys and Consular Officers:
“You may correspond directly with the applicant’s representative of record, even in cases where the applicant is physically present in the United States, unless the applicant requests otherwise.” [9 FAM 40.4 N12.1]
Importantly, the Foreign Affairs Manual requires that an attorney licensed in the US, but practicing abroad, be accorded those same courtesies granted to attorneys practicing in the USA:
“You must extend to a U.S. attorney who has been practicing abroad and is a member of a State bar association or to a local attorney-at-law, the same courtesies in correspondence that are extended to an attorney practicing in the United States…” [9 FAM 40.4 N12.3]
In this author’s experience, the US Embassy in Bangkok, Thailand diligently adheres to the rules in the Foreign Affairs Manual while exercising reasonable discretion in order to efficiently process a very large caseload. Although not permitted to be present at the visa interview, a US visa lawyer in Thailand can provide a great deal of insight into the final phases of the US visa process.
For more information on the Foreign Affairs Manual please see the US Department of State Website by clicking here.
The hiring of a lawyer is an important decision that should not be based solely on advertisement. Before you decide, ask us to send you free written information about our qualifications and experience. The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.