Readers may recall that the processing times noted above only pertain to the USCIS processing portion of the overall US visa process. Therefore, readers should not mistake the processing times noted above for the time it takes to actually acquire a visa. After a visa petition has been adjudicated by the officers at the USCIS, if approved, the case file is forwarded to the National Visa Center where it is then sent on to the US Embassy, American Institute, or US Consulate with appropriate Consular jurisdiction. This phase of the process is referred to as Consular Processing. Consular Processing can sometimes be quite quick while, in some cases, the process can be rather cumbersome if the facts of the case are extremely complex.

For related information please see: K1 Visa Thailand.

WASHINGTON – Detroit should take a page from Lady Liberty and shine a beacon of welcome to immigrants as a way to overcome its severe population loss, New York Mayor Michael Bloomberg said Sunday.

For those who follow this blog with any frequency it should be noted that New York has recently seen efforts by the attorney generals of that State to decrease the amount of immigration fraud in the form of illegitimate operators claiming expertise in U.S. immigration matters. It would appear that the city of Detroit has encountered much economic turbulence as a result of recent economic downturns. Meanwhile, there can be significant benefits to a national economy to be had through effective immigration policies. To quote further from the aforementioned article:

Bloomberg’s prescription for Detroit’s salvation came in a discussion about what he called a “crisis of confidence” among business people about the nation’s economy. Bloomberg said the “most obvious” answer is to encourage immigration.

“This is a country that was built by immigrants … that became a superpower because of its immigrant population, and unless we continue to have immigrants, we cannot maintain as a superpower,” he said.

Virtually all Americans are descended from those who immigrated to the United States of America. In a modern context, there are many visa categories available to prospective immigrants who are interested in conducting business in America. For example, the EB-5 visa provides lawful permanent residence to the visa holder upon lawful admission to the United States. Furthermore, the E-2 visa may allow for non-immigrant visa benefits to those foreign nationals conducting business pursuant to a Treaty with the United States. In the context of Thailand, there may be visa benefits which can be acquired pursuant to the bi-lateral relationship between the USA and Thailand as codified in agreements such as the US-Thai Treaty of Amity. Some may be eligible for similar benefits in the form of the E-1 visa. Those working for a multi-national organization may be eligible to obtain an L-1 visa as an intra-company transferee either in the form of an L-1A visa or an L-1B visa, depending upon the factual circumstances of the case.

Clearly, there are benefits to be accrued to those immigrating to the USA. Concurrently, there may also be benefits to the American economy and the American People as a result of immigration to the USA by foreign nationals.

For related information please see: US lawyer or US business visa.

In November 2010, USCIS transferred approximately 36,000 Immediate Relative petitions from our California Service Center to our Texas Service Center. We anticipated that this redistribution of work would result in more timely adjudication of these petitions. Due to a number of unforeseen circumstances at our Texas Service Center, many of these cases have not been processed and are beyond our estimated processing times. We sincerely regret any inconvenience this may have caused you and we are making every effort to remedy this situation as soon as possible.

It is easy to lay blame upon people and organizations. Those reading this piece should note that mistakes occur in life. Businesses, individuals, organizations, and governments do make mistakes and playing the “blame game” often yields little in terms of practical solutions. That said, the USCIS is a government entity and should be accountable for their mistakes. Clearly, the USCIS has taken responsibility for this error and has taken measures to rectify the situation. To quote further from the official website of the USCIS:

On Feb. 7, 2011, we implemented a rapid response plan to expedite the adjudication of these petitions. We have transferred a large number of these Immediate Relative petitions back to our California Service Center to take advantage of resources currently available to immediately process these cases. Petitioners will see an action such as an approval, denial or a Request for Evidence (RFE) on their case from our California or Texas Service Centers by the end of February. Additionally, we have briefed the Department of State’s National Visa Center about these cases.

USCIS’s efforts to solve this problem should not be overlooked. For those seeking an Immigrant visa for a foreign spouse, the K-3 visa has been used in the past to obtain an expedited travel document when the United States Citizenship and Immigration Service has a backlog of cases. In recent months, the United States National Visa Centerpiece  has had an “administrative closure” policy regarding those K-3 visa applications that arrive at the NVC with, or after, their I-130 counterparts. There are some who speculate that there might be more K-3 visas issued as a result of the backlog created from the situation note above. At the time of this writing, it remains unclear as to exactly how American Immigration officials will opt to deal with this matter.

For related information please see: USCIS processing time.

It should be reiterated that only a licensed American attorney has the unfettered privilege of practicing American immigration law before the Department of Homeland Security and the United States Citizenship and Immigration Service (USCIS). Although charitable organizations in the USA may be accredited to represent individuals before the USCIS and/or the US Immigration Courts, such representation is conducted on a not-for-profit basis. Licensed American attorneys are generally in a good position to provide advice and counsel regarding immigration matters due to education and experience. However, so-called “immigration consultants,” “visa agents,” and “visa companies” lack both the credentials and qualification to provide advice and representation of clients before USCIS, DHS, and/or the Department of State (DOS). To quote the USCIS website further:

Attorneys must be a member in good standing of the bar of a U.S. State (or U.S. possession, territory, Commonwealth, or the District of Columbia) and not be under any court order restricting their practice of law. Attorneys will check the first block on Form G-28 and must provide information regarding their admission to practice.

Only attorneys and accredited representatives may communicate on your behalf regarding your application with USCIS.

In choosing an attorney, you should:

• Ensure that the attorney is a member in good standing of the “bar” of a U.S. State (or possession, territory, Commonwealth or District of Columbia)
• Ensure that the attorney is not under any court order restricting their practice of law
• Review the current attorney licensing document for the attorney and contact the relevant State bar admission authorities to verify the information.  See the “American Bar Association – State Bar Associations” link to the right for a list of state bar associations.
• Review the “List of Currently Disciplined Practitioners” in the link to the right. This is where the Executive Office for Immigration Review lists if an attorney has been expelled or suspended from practice before USCIS/DHS
• Review the “List of Previously Disciplined Practitioners” available from the “List of Currently Disciplined Practitioners”  page on the EOIR website

A lawfully admitted attorney should honor your request for this information, as State Bar practice rules require disclosure of this information to clients. Before you pay attorney fees for help with your immigration case, make sure that the individual is a licensed attorney.

You should also review the lists of currently disciplined and previously disciplined practitioners on the Executive Office for Immigration Review website. These lists will help you to determine whether the attorney has been expelled or suspended from practice before USCIS/DHS.  To review these lists, please see the links in the “External Links” section of this page.

Those wishing to retain professional assistance during the United States Immigration process are well advised to take note of the citation quoted above as this information is very useful for those seeking attorney assistance. That said, the forthcoming quote deals with the issue of fake lawyers, visa agents, notarios, and immigration consultants who have been known to imitate genuine American attorneys in an effort to further their own interests while simultaneously fleecing an unsuspecting public (both immigrants and American Citizens). To quote the USCIS website one further time:

Notarios, notary publics and immigration consultants may NOT represent you before USCIS.

Those wishing to bring their loved one from another country for family reunification in the USA should take note of the above quotation. In Thailand, for example, there are some fly-by-night operators claiming both expertise in immigration law as well as qualification, without actually possessing either. For this reason, it is always prudent to ask for the licensure information of those claiming the ability to represent individuals before USCIS, DHS, and DOS.

Licensed foreign lawyers may, under some circumstances, be able to provide some limited representation, but only upon authorization from USCIS, those interested should consult the USCIS website directly as this issue is not the intended topic of this posting.

For related information please see: K1 Visa Thailand.

Those seeking services such as the issuance of a Consular Report of Birth Abroad, US Passport, or additional visa pages for a previously issued US Passport are well advised to contact an American Citizen Services Section of the nearest US Embassy or US Consulate with appropriate Consular jurisdiction. It should be noted that in many cases it is possible for one to set an appointment with American Citizen Services in advance. In many cases, setting such an appointment in advance can greatly streamline the processing of requests brought before the Post.

Generally, visa applicant seeking non-immigrant visas such as the B-2 visa (US Tourist Visa), B-1 visa (US Business Visa), F-1 visa (US Student Visa), J-1 visa (Cultural Exchange) are required to process their application through a Non-Immigrant Visa (NIV) Unit abroad. Those seeking non-immigrant visas are generally scrutinized pursuant to section 214(b) of the United States Immigration and Nationality Act.

Those seeking US family visas for loved ones from Indonesia are likely to process their request through an Immigrant Visa Unit. However, it should be noted that most immigrant visa applications are only processed after the initial adjudication and approval of an immigration petition at the United States Citizenship and Immigration Service (USCIS). For spouses the CR-1 and the IR-1 visa categories have seen increasing popularity since the administrative closure of many K-3 visa applications. For application processing purposes the K-1 visa, although a US fiance visa classified as a non-immigrant travel document, is treated in much the same way as its immigrant visa counterpart.

The Investor visa category commonly referred to as the EB-5 visa requires the applicant to initially process an immigration petition through the United States Citizenship and Immigration Service (USCIS). This is also generally true for L-1 visa seekers. In some cases, those seeking an E-2 visa do not need to process an immigration petition if the applicant is not within the jurisdiction of the United States (as defined in the US Immigration and Nationality Act).

For those wishing to visit the official homepage of the US Embassy in Jakarta please click HERE.

Those seeking information related to recent developments in Indonesia please see: EB-5 Visa Indonesia, US Visa Indonesia, or K1 Visa Indonesia.

NEW AMERICAN CULTURAL CENTER IN JAKARTA

After many months of planning, @america, the United States’ first high-tech cultural center, opened to the Indonesian public December 2…

According to the U.S. Embassy in Jakarta, @america is a one-of-a-kind, high-technology American cultural center where visitors can explore, experience and express their interests about the United States in innovative ways. In the physical and virtual spaces of @america, visitors will experience cutting-edge technology, interactive games and live events designed to facilitate people-to-people exchanges virtually and in real life.

The new center, developed by the embassy in collaboration with Indonesian and U.S. partners, aims to expand engagement between young Indonesians and young Americans. The Indonesian firm PT Ganesha Aggies Jaya designed and will manage @america. The center is located in the Pacific Place Mall in Central Jakarta and admission is free.

This author must point out the obvious fact that this new technology center could prove to be a significant platform for cross-cultural communication. It would appear that in the coming years the United States and Indonesia may have increasingly close relations both diplomatically and economically as Indonesia (along with many other countries in Southern and Southeastern Asia) matures both as a nation and as an economic, trade, and manufacturing center. The details of future American-Indonesia relations remain to be seen, but it is clear that both countries can be very beneficial to one another as increased ties and trade is generally a mutually beneficial phenomenon.

Recently, the American President Barack Obama made a highly celebrated visit to Indonesia. It would appear that trip was a success with the Citizens of Indonesia as the President remains popular in this Southeast Asia nation. As many nations in Asia experience economic growth and success the United States of America will hopefully act as a role model for other countries in matters pertaining to technology as the technology sector in the United States remains vibrant compared to industries which were more hard hit by recent economic downturns. It could be argued that through greater technological integration the USA and countries such as Indonesia could form mutually beneficial relationships which result in innovation and increased business opportunities.

For related information please see: US Visa Indonesia, K-1 Visa Indonesia, or  EB-5 Visa Indonesia.

President Obama landed in Seoul, South Korea today for the Group of 20 Summit, where he will meet with leaders of the world’s most powerful economies to address issues facing the global economy…The G20 Summit is in some ways reminiscent of South Korea’s hosting of the 1988 summer Olympics, seen as an arrival of sorts on the world stage, and the 2002 World Cup, which South Korea co-hosted.

Many feel that one of the most important issues to be discussed at the G20 summit will be the recent currency fluctuations resulting from the American announcement of quantitative easing which is likely to result in capital inflows to Asian economies such as Indonesia. To quote the Voice of America website:

Uwe Parpart is the chief Asia economist and strategist in Hong Kong for the U.S. securities dealer Cantor Fitzgerald…”There are serious concerns that when the U.S. floods the world with dollars that find their way into equities, into stocks in Asia, whether in Hong Kong, in Thailand or Indonesia, the effect of that on the local economies can be quite difficult to cope with,”

Although seemingly counter-intuitive to some, the inflow of so-called “hot money” into an economy can sometimes have a negative impact upon traditional import/export relationships and also create bubbles in an economy which could ultimately prove harmful. Inflows of capital can also be beneficial. In the case of Indonesia, one upside of relative appreciation of Indonesian currency compared to the United States dollar is the fact that investors hoping to benefit from the EB-5 immigrant investor program can obtain benefits at a comparatively lower overall cost in real terms since the dollar has weakened compared to other currencies. This is no less true in the case of Indonesia as a weakening dollar can cause an appreciation of the Indonesian Rupiah. In the event that this occurs, a prospective Indonesian Immigrant Investor wishing to both invest in the United States and also accrue the benefit of United States Lawful Permanent Residence (Green Card status) would be doubly fortunate when the dollar is weak as such an investment can be made more “cheaply” in terms of local currency.

Those Indonesian nationals interested in obtaining an EB-5 Visa should note that an investment of at least 500,000 United States dollars (at a minimum) must be made in order to be eligible for EB5 visa benefits. Furthermore, those seeking such a visa must also meet the eligibility requirements as set forth under relevant United States law. Those interested in immigrating to the USA as immigrant investors are well advised to contact a licensed American attorney in order to gain insight into the EB5 visa process and make informed decisions regarding immigration options.

Some are under the mistaken impression that the EB-5 visa program is a Citizenship-by-Investment program. In fact, this is not the case as an EB-5 visa merely grants the visa holder the right to reside in the United States as a Permanent Resident. That said, should an EB-5 investor, Indonesian or otherwise, remain in the USA for a statutorily prescribed period and meet other eligibility requirements, then such an individual may be eligible to naturalize to United States Citizenship. For this reason, some refer to the EB-5 program as a “path to citizenship” by investment.

For further information please see: EB-5 Visa Indonesia.

The reason that a K3 marriage visa is likely unavailable to the Indonesian spouse of a US Citizen (K visas are not available to lawful permanent residents, this includes the popular K1 visa which is often used to bring fiances of American Citizens back to the USA) is due to the fact that the US State Department’s National Visa Center (NVC) has promulgated a policy whereby all K3 Visa applications will be administratively closed if the I-129f petition arrives contemporaneously with, or before, the arrival of an I-130 petition. As the United States Citizenship and Immigration Service (USCIS) has recently reduced their backlog when adjudicating I-130 petitions this has lead to a situation where I-130 petitions are arriving at NVC prior to their I-129f counterparts. In a way, circumstances as they exist under the aforementioned scenario negate the need for the K3 visa in most situations.

The K3 visa was created under the language of the so-called “Life Act” which was promulgated during the latter part of the Clinton Administration. At that time, the backlog of I-130 petitions was rather large and the K3 visa was created to allow expedited marriage visa processing for the spouses of US Citizens. As technology improved and USCIS overcame their I-130 backlog the USCIS processing time for the K3 visa and the Immigrant visa categories (CR1 Visa, IR1 Visa) came into alignment. Therefore, the K3 visa became somewhat redundant and the National Visa Center seems to have made the decision to “phase out” these types of visas when they are no longer needed.

This does not mean that American marriage visas are no longer available at all. Instead, more and more couples seek visa benefits by using the classic I-130 petition. This petition, if approved, can be used to obtain a CR1 Visa or an IR1 Visa for the spouse of an American Citizen (Lawful Permanent Residents are eligible to petition for CR1 or IR1 immigration benefits, but it generally takes longer to process such requests). Currently, it takes approximately 11-12 months to obtain an Immigrant visa for the Indonesian spouse of a US Citizen taking into account USCIS adjudication (currently taking approximately 5-6 months), NVC processing, and Consular Processing at a US Embassy or US Consulate abroad.

For related information please see: K1 Visa Indonesia or K3 Visa Indonesia.

Many Americans are unfamiliar with section 214 (b) of the United States Immigration and Nationality Act. This legislation creates a legal presumption that an American Consular Officer must take into consideration when adjudicating non-immigrant visa applications. The section requires the Consular Officer to presume that the applicant for a non-immigrant visa is actually an undisclosed intending immigrant unless the applicant can produce strong evidence to the contrary. This creates a so-called “strong ties” vs. “weak ties” analysis whereby the applicant must show “strong ties” to their native country, or another country outside of the United States of America and “weak ties” to the USA. Therefore, the Indonesian girlfriend (or boyfriend) of an American Citizen (or Lawful Permanent Resident) must show that they have strong ties to Indonesia and weak ties to the USA. In general, the mere existence of an American significant other is enough to mitigate against many “strong ties” outside of the USA and thereby lead to a denial of an American B2 tourist visa application.

The reason for this state of affairs is first due to the fact that the the presumption contained in section 214b is quite stringent when applied to the facts of many individual cases. Many who are rejected under this provision feel that the denial is some sort of personal rejection. Nothing could be further from the reality of the situation as a US Consulate or US Embassy will routinely issue these denials for no reason other than the application of relevant law. Meanwhile, there are some who speculate that part of the reason for the relative increase in these denials over the course of the past 10 years is due in part to the tragedy of 9/11 which lead to increased scrutiny of all immigrant and non-immigrant visa applications. Furthermore, there have been those who inappropriately use the US tourist visa to circumvent the comparatively longer processing time associated with a US fiance visa (K1 visa) or a US Marriage Visa (K3 Visa, CR1 Visa, IR1 Visa).

Those who have a foreign girlfriend (or boyfriend) and can show genuine ties to countries abroad may still be able to get a US Tourist Visa. That said, this post is merely meant to explain the relatively higher denial rate that seems to exist in B2 visa applications for the significant others of Americans. Those with a bona fide relationship and genuine intentions may be able to obtain an American fiance visa or marriage visa, but it should be noted that no one should ever enter into a relationship strictly to obtain visa benefits. A family based visa application should be based upon a bona fide relationship.

For related information please see: US Visa Cambodian Girlfriend or K1 Visa Indonesia.

Date	Week Day	Holiday	Nationality
Jan 01	Friday	New Year’s Day
Jan 18	Monday	Martin Luther King’s, Jr. Day
Feb 15	Monday	Lunar New Year*/Washington’s Birthday
Feb 16	Tuesday	Lunar New Year*
March 8	Monday	International Women’s Day
May 31	Monday	Memorial Day
June 1	Tuesday	Mother and Child Day
July 5	Monday	Independence Day
July 12	Monday	National Holiday Naadam
July 13	Tuesday	National Holiday Naadam
Sep 6	Monday	Labor Day
Oct 11	Monday	Columbus Day
Nov 11	Thursday	Veterans Day
Nov 25	Thursday	Thanksgiving Day
Nov 26	Friday	Constitution Day
Dec 24	Friday	Christmas Day
Dec 31	Friday	New Year’s Day

The Embassy will be closed for the following holidays in 2011

Date	Week Day	Holiday	Nationalityn
Dec 31	Friday	New Year’s Day
Jan 17	Monday	Martin Luther King’s, Jr. Day
Feb 3	Thursday	Lunar New Year *
Feb 4	Friday	Lunar New Year *
Feb 21	Monday	Washington’s Birthday
March 8	Tuesday	International Women’s Day
May 30	Monday	Memorial Day
June 1	Wednesday	Mother and Child Day
July 4	Monday	Independence Day
July 11	Monday	National Holiday Naadam
July 12	Tuesday	National Holiday Naadam
July 13	Wednesday	National Holiday Naadam
Sep 5	Monday	Labor Day
Oct 10	Monday	Columbus Day
Nov 11	Friday	Veteran’s Day
Nov 24	Thursday	Thanksgiving Day
Nov 25	Friday	Constitution Day
Dec 26	Monday	Christmas Day

*Lunar New Year date may change according to the local Astrologers’ decision.

Many Americans and foreign nationals seek services from American Diplomatic and Consular Posts located throughout the world. Many seek services which can only be obtained from an American official. These services include, but are not limited to: issuance of Consular Reports of Birth Abroad, addition of visa pages, renewal of a US passport, and /or notarial services. Those seeking such services are well advised to check the official website of the post in order to ascertain if an appointment can be made online to visit the US Embassy. Setting an appointment in advance can greatly streamline the processing of requests at an American Citizen Services Section of an American Consulate abroad.

Those seeking a US visa are well advised to check with the appropriate US Consulate in order to obtain information about the procedures for setting a visa interview appointment. Generally, the protocols for setting a non-immigrant visa interview appointment are different from the procedures for setting an immigrant visa interview appointment (generally, for purposes of Consular Processing the K1 visa is treated as an immigrant visa).

For related information please see: US Visa China or US Visa Indonesia.