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Posts Tagged ‘US Visa Thailand’

1st September 2021

The lockdowns in Bangkok and other highly populated areas of Thailand appear to be abating as it has recently been decreed that certain retail businesses may reopen while restaurants and other eateries may again serve dine-in customers from today onward. There seems to be an implication that further easing will be forthcoming, but we have seen that attitude before only to see things suddenly reverse. Hopefully, the business community in Bangkok and Greater Thailand has finally come through the worst of these rather stringent measures and things can move on.

Meanwhile, various destinations in Thailand are attempting to “Move On“. Notably, Phuket has implemented initiatives in the “Phuket Sandbox” program to allow travelers in that location to travel to other destinations after an initial 7 days on the island in the “7+7” program. Although this is definitely good news tourism numbers remain far below normal and therefore it remains to be seen how many people will actually avail themselves of this opportunity. The sandbox initiative has not garnered the tourism interest that many had hoped, but with high season coming this could change. It is worth noting that a number of non-immigrant Thai visa holders have availed themselves of the sandbox scheme as it is viewed as less cumbersome compared to dealing with 14 days of quarantine when traveling to other parts of Thailand.

It is notable that Thailand is one of the only jurisdictions in Southeast Asia which is permitting tourists to enter the country. Not to mention non-immigrant visa holders (most of whom were completely barred from reentry last summer). That stated, issues still arise for foreign nationals in Thailand as there are those who have problems either maintaining their status due to unforeseen work issues or no longer meet the requirements of their lawful status. Under such circumstances it is optimal to avoid falling into overstay and attempt to obtain a Thai visa conversion in order to remain in the Kingdom.

American immigration is not moving as quickly as was the case prior to 2020. That stated, things are moving more quickly compared to the situation in 2020. Although appointments for non-immigrant visas to the USA such as tourist visas are difficult to come by and even obtaining an appointment for a K-1 visa interview can be difficult. There are those who hope that a change in administration in the USA will result in concrete changes to the American immigration apparatus, but any improvements remain to be seen.

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10th August 2021

As the current economic situation in Thailand continues down a precarious path due to lockdowns. There are many who fear tourism may not return to Thailand in high numbers any time in the near future. In fact, quarantine rules do not look like they are going away and the Phuket sandbox has proven to be less of a draw than initially anticipated. There are some who have speculated that Thailand may have come to overly rely upon tourism as an integral component of the overall economy. Whether or not this is true is difficult to ascertain, but it should be noted that anyone predicting the events of 2020 and 2021 in, say, the year 2018 would have been called worse names than crazy so the notion that Thailand came to overly depend upon tourism is only an argument that operates logically in hindsight.

Although the Phuket sandbox has been discussed a great deal as of late, there is also a similar program which has been initiated in Samui and those wishing to avail themselves of this tourism opportunity may do so by traveling through Bangkok in “sealed terminals” in order to undergo “sandbox quarantine” for 14 days on that island. Presently, travel restrictions in Thailand have precluded wide travel latitude for those wishing to leave the Phuket sandbox, but this does not appear to currently be an issue in the Samui system. Those wishing to travel to Bangkok from abroad may do so, but they are still required to undergo quarantine in a Bangkok hotel via the Alternative State Quarantine system.

Business travelers to Thailand are not precluded from using either the Samui or Phuket sandboxes so those with a Thai business visa and/or Thai work permit may return to Thailand without undue hardship. It is worth pointing out that Thailand is one of the few jurisdictions in Southeast Asia which is trying to maintain tourist travel as well as admitting non-immigrant visa holders such as the aforementioned B visa holders as well as those holding an O visa for marriage to a Thai or for retirement. Thai Embassies and Consulates are still issuing O-A retirement visas to those retirees abroad. Thailand remains one of the few countries in Southeast Asia actively issuing visas to foreign retirees.

Those seeking visas to the USA may continue to do so under present circumstances although appointment scheduling has proven somewhat cumbersome in recent months as the American Embassy in Bangkok appears to be either understaffed or unable to process a large caseload due to restrictions associated with the response to COVID-19. However, appointments are available, albeit it in a relatively limited number.

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24th May 2021

The overall posture of American immigration has improved considerably since the beginning of 2021. With the transition to a new administration there have been a number of changes in how immigration cases are processed. As noted previously, the public charge rule has reverted back to pre-Trump criteria. Concurrently, it appears the current administration has rolled back a potentially disturbing policy regarding collection of biometric data from not only intending immigrants to the United States, but American petitioners and sponsors as well. Presently, there are a number of backlogs holding up cases at various points in the US immigration process. For example, processing times at USCIS are longer overall. Meanwhile issues at the National Visa Center are prolonging case processing. Finally, the US Embassy in Bangkok, Thailand has had to postpone a number of appointments citing the COVID situation. Although it seems the Embassy is prioritizing family based Immigrant Visa Unit matters over the non-immigrant visa unit as some level of priority seems to be conferred to cases such as applications for the K-1 visa (for fiances of America citizens) and the marriage visa cases (K-3, IR-1, and CR-1 visas). There does seem to be some hope on the horizon that things will start looking better as this administration does not seem as intent on being deliberately obtuse with respect to processing immigration cases.

Turning to Thai immigration news, the situation in Thailand has turned less positive since April and the upshot in an immigration context is the re-extension of the quarantine time in Thailand. As of the time of this writing, all travelers (including those vaccinated) arriving in Thailand are required to undergo a 14 day quarantine. On a more general note, Thailand remains under a state of pseudo-lockdown which is having a tremendously negative impact upon the SME sector. However, there is hope that things will begin to turn around as the COVID vaccination is rolled out in early June. Key officials in Thailand have also stood firm behind their commitment to reopen Phuket for the “sandbox” initiative in July. This is apparently still moving forward and, as yet, this doesn’t seem likely to be cancelled. That stated, many initiatives (such as “travel bubbles” or reduced quarantine) have been proposed and ultimately shot down or have been rolled out only to be rolled back. Therefore, it is difficult to predict exactly how things will progress moving forward in the course of the next few weeks, but hopefully these days ahead will be better than those recently transpired.

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18th March 2021

The overall Immigration system in both the United States and Thailand have been in a state of flux for a number of months. The transition in Administrations in the United States has had a number of effects upon the Immigration apparatus as a whole, most recently the Secretary of Homeland Security announced changes with respect to the public charge rule. To quote directly from the Department of Homeland Security website:

Today, DHS Secretary Alejandro N. Mayorkas announced that the government will no longer defend the 2019 public charge rule as doing so is neither in the public interest nor an efficient use of limited government resources.

“The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Consistent with the President’s vision, we will continue to implement reforms that improve our legal immigration system.”

President Biden’s Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans called for an immediate review of agency actions on public charge inadmissibility and deportability. DHS’s review, in consultation with the Departments of Justice and State and the federal benefits-granting agencies, is ongoing.

Clearly, this represents a sea change with respect to immigration policy on issues associated with acting as a sponsor for an intending immigrant or in cases where adjustment of status is involved. This is likely to have a tremendous impact upon processing of cases such as the K1 Visa, the K3 Visa, the CR1 Visa, and the IR1 Visa. In K-1 visa cases, those acting as sponsors must file an I-134 affidavit of support while the I-864 applies to immigrant visas. Hopefully, the recently announced policy change will benefit those seeking these types of visas.

Meanwhile, it seems officials in Thailand are going ahead with easing of quarantine measures. The process of lifting the quarantine is slated to occur in phases, with phase 1 set to commence in April. There are to be 4 phases of the quarantine easing with phase 2 (so-called “area quarantine“) set to commence at the beginning of the summer and apparently the Kingdom will open much more in October. Much of the reopening appears contingent upon the broad adoption of so-called vaccine passports, with certificates of entry to be phased out in favor of that documentation. Notwithstanding these announcements, it now appears that quarantine will continue albeit on a truncated basis, with those who can prove prior vaccination and a clear COVID test able to enjoy 7 days of quarantine (as opposed to 14 days) beginning in April. Those unvaccinated with a clear COVID test will only be compelled to quarantine for 10 days.

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14th February 2021

Since the last posting on this blog there have been a number of developments and discussions with respect to both Thai and American immigration issues. One development which has received substantial media coverage has been the Executive Orders signed by President Biden with regard to Immigration policy. Of particular note to the administration of this web log was the order titled: Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans. The content of this Executive Order seems designed to impose a new policy paradigm upon the Immigration bureaucracy (or perhaps reimpose of a previously existing paradigm). This effort to change the prevailing paradigm is evidenced in the opening lines of the order itself:

Consistent with our character as a Nation of opportunity and of welcome, it is essential to ensure that our laws and policies encourage full participation by immigrants, including refugees, in our civic life; that immigration processes and other benefits are delivered effectively and efficiently; and that the Federal Government eliminates sources of fear and other barriers that prevent immigrants from accessing government services available to them…The Federal Government should develop welcoming strategies that promote integration, inclusion, and citizenship, and it should embrace the full participation of the newest Americans in our democracy.

Clearly, the administration seeks to re-establish a sense of decorum and compassion tot eh immigration system. The order goes on the delineate as to more concrete steps toward those ends:

Sec. 3.  Restoring Trust in our Legal Immigration System.  The Secretary of State, the Attorney General, and the Secretary of Homeland Security shall review existing regulations, orders, guidance documents, policies, and any other similar agency actions (collectively, agency actions) that may be inconsistent with the policy set forth in section 1 of this order.

(a)  In conducting this review, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall:

(i)   identify barriers that impede access to immigration benefits and fair, efficient adjudications of these benefits and make recommendations on how to remove these barriers, as appropriate and consistent with applicable law; and

(ii)  identify any agency actions that fail to promote access to the legal immigration system — such as the final rule entitled, “U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements,” 85 Fed. Reg. 46788 (Aug. 3, 2020), in light of the Emergency Stopgap USCIS Stabilization Act (title I of division D of Public Law 116-159) — and recommend steps, as appropriate and consistent with applicable law, to revise or rescind those agency actions.

(b)  Within 90 days of the date of this order, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall each submit a plan to the President describing the steps their respective agencies will take to advance the policy set forth in section 1 of this order.

(c)  Within 180 days of submitting the plan described in subsection (b) of this section, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall each submit a report to the President describing the progress of their respective agencies towards implementing the plan developed pursuant to subsection (b) of this section and recognizing any areas of concern or barriers to implementing the plan.

It remains to be seen precisely how this will impact the American immigration system, and it should be noted that the apparatus is unlikely to fundamentally change over night. That stated, there is good reason to hope there may be “light at the end of the tunnel” after months of seemingly unnecessary delay and obfuscation in the visa process. There does appear to one area of particular interest to the current administration with respect to US immigration. Namely, there have been a number of issues associated with the “Public Charge rule” and prior to the issue of COVID-19 coming to the forefront of immigration analysis, public charge was shaping up to be a significant obstacle for a number of family based immigration cases (including, but not limited to: the K-1 visa, the K-3 visa, the CR-1 visa, and the IR-1 visa categories). The recently promulgated order seems to take this issue seriously:

The Secretary of State, the Attorney General, the Secretary of Homeland Security, and the heads of other relevant agencies, as appropriate, shall review all agency actions related to implementation of the public charge ground of inadmissibility in section 212(a)(4) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(a)(4), and the related ground of deportability in section 237(a)(5) of the INA, 8 U.S.C. 1227(a)(5).  They shall, in considering the effects and implications of public charge policies, consult with the heads of relevant agencies, including the Secretary of Agriculture, the Secretary of Health and Human Services, and the Secretary of Housing and Urban Development.

(a)  This review should:

(i)    consider and evaluate the current effects of these agency actions and the implications of their continued implementation in light of the policy set forth in section 1 of this order;

(ii)   identify appropriate agency actions, if any, to address concerns about the current public charge policies’ effect on the integrity of the Nation’s immigration system and public health; and

(iii)  recommend steps that relevant agencies should take to clearly communicate current public charge policies and proposed changes, if any, to reduce fear and confusion among impacted communities.

(b)  Within 60 days of the date of this order, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall each submit a report to the President describing any agency actions identified pursuant to subsection (a)(ii) of this section and any steps their agencies intend to take or have taken, consistent with subsection (a)(iii) of this section.

It seems the administration is particularly keen to address the difficulties imposed by rules changes pertaining to public charge and hopefully some revision of the rules may be forthcoming sooner rather than later.

Meanwhile, although there has not been a great deal of substantive change to current immigration policy in Thailand, there has been a great deal of discussion regarding possible policy changes to in an effort to revitalize the Thai tourism sector which, depending upon the source, seems to have seen between 1-3 million layoffs since the response to the pandemic began. Once solution discussed has been the notion of a “vaccine passport” or “immunity passport“. Essentially, this notion centers upon the idea that those who can prove they have been inoculated against COVID-19, via one of the many vaccinations currently on the market, will be allowed to travel to Thailand without the need to quarantine in one of the alternative state quarantine (ASQ) facilities. Notwithstanding the fact that there has ben a great deal of discussion on this matter, it currently appears, as with the so-called “travel bubble” scheme, that this program will not be implemented any time soon. As the tourism sector in Thailand languishes, long stay tourists may avail themselves to special tourist visas or standard TR visas to stay in Thailand. Furthermore, the Thai retirement visa remains a viable option for those wishing to travel to Thailand for retirement purposes.

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5th January 2021

As 2021 dawned the situation in Thailand, specifically the response to COVID-19, deteriorated. Presently, in place of full lockdowns, much of Thailand is operating under a system of provincial imposition of “highly controlled area” status which is restricting many operations many people once took for granted. How has this impacted the immigration system? Initially, it seemed this turn of events would not impact prospects for gaining admission to Thailand. Then, it appeared that those from the UK might be restricted from arriving in Thailand. To quote directly from the Bangkok Post:

The Ministry of Public Health will ask the Centre for Covid-19 Situation Administration (CCSA) to defer the entry of British visitors to the country after the fast-spreading B117 strain of Covid-19 was found in four British nationals entering Thailand on Dec 21.

This caused a great deal of consternation especially among those seeking Thai visas from the Embassy in the UK. However, further deliberation seems to have resulted in the decision that arrivals from the United Kingdom will not be impeded. Quoting directly from The Nation:

Thailand’s measures to control the spread of Covid-19 are strong enough to not warrant special measures against travellers from the United Kingdom, Foreign Ministry spokesperson Thanee Saengrat said.

Based upon the above information, it seems logical to presume that the overall situation regarding foreign nationals arriving in Thailand remains much as it did prior to the new year. Meanwhile, a number of travelers are finding that trying to process their Thai visa application on their own from abroad is a cumbersome endeavor. The overall process of gaining lawful admission to Thailand is greatly changed compared to times past. One major sticking point for many is the addition of the certificate of entry to the process. This document is required in addition to a Thai visa. Concurrently, documentation showing a lack of infection for COVID-19 in addition to fit to fly documentation has proven nettlesome for many. Couple this with the fact that those entering Thailand are still required to undergo Alternative State Quarantine for 14 days prior to gaining total access to the Kingdom. There was some discussion regarding the possibility of seeing the quarantine time frame reduced to 10 days or even less. However, under present circumstances this seems highly unlikely. The notion of “travel bubble” arrangements also being brought online seems unlikely at this time as well.  Although many in Thailand are hopeful that the disbursement of a vaccine may result in a return of tourists in 2021. As of the time of this writing, this remains conjecture.

Turning to American immigration, many have found themselves in a kind of processing “limbo” with respect to cases such as the K-1 fiance visa as well as the various marriage visas including the K-3 visa, CR-1 and IR-1 visa categories. Currently, a large number of cases remain at the National Visa Center and seem unlikely to be processed out for interview soon. There appeared to be hope in the last part of the final quarter of 2020 as some cases were being scheduled for interview, but that hope may be dashed as the current situation in Thailand may result in further interview cancellations. This situation is fluid and still evolving.

Many hope that a transition to a new administration will herald an end to certain arbitrary and capricious aspects of the immigration process in its current form, but it should be noted that it takes time for bureaucracies to change and therefore a Biden presidency may not immediately see major changes to visa case processing in 2021.

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8th October 2020

There have been some recent developments with respect to Thai immigration in recent weeks. Notably, the Thai visa amnesty was retroactively extended after ostensibly ending. Concurrently, it now appears that those who hold a Thai retirement visa (specifically an O-A or O-X visa as opposed to an O visa) will now be able to seek a Certificate of Entry to Thailand. There has also been discussion in recent weeks about the notion of decreasing the amount of quarantine that one must undergo when traveling into Thailand. Furthermore, Thai immigration officials have discussed easing travel restrictions for those traveling to Thailand on business as APEC card holders can now seek a COE while there has also been discussion about allowing certain businesspeople into Thailand without the requirement that they hold work permit status. However, implementation on rules regarding this issue remain to be seen. Finally, officials are attempting to bring the new Special Tourist Visa online as fast as they can, but actual practical developments remain to be seen. In short, there seems to be something akin to a “slow thaw” taking place with respect to Thai immigration rules and while things appear to be trending toward further opening of the country there is still a long way to go before normality returns.

Meanwhile, with respect to American immigration there have been some notable developments as the US Embassy in Bangkok has begun processing interviews again for those whose prior interview was cancelled due to the shutdown. It should be noted that interviews are merely being re-scheduled as cases that had not received an interview date prior the shutdown have yet to be scheduled, but the trend seems to be pointing to further interviews occurring in the future. Concurrently, news from inside the United States is not as positive as layoffs related to USCIS funding shortfalls may result in delayed processing times for immigration petitions. It appears likely that certain aspects of the American immigration process are poised to take longer compared to times past, while perhaps other segments of the process may be unaffected or, in limited circumstances, more expedited compared to more routine circumstances.

Amidst all of the turmoil in the immigration world, we are bringing online the Immigator App. Admittedly, the timing is not optimal for an app which assists people in keeping their visas, passport, and immigration documentation organized. However, in many ways it is more important than ever for people to keep careful track of their lawful immigration status and the documentation associated therewith. Therefore, we hope that this free app will assist both clients of our firm and the public at large in navigating the Thai, American, and international immigration systems.

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7th July 2020

The Immigration systems of both the United States of America and the Kingdom of Thailand have arguably been subjected to more changes recently than they have undergone in many years. Recently, President Trump announced an expansion of his travel ban on certain foreign nationals. The relevant portions can be found in the excerpt from the White House’s website:

Sec2.  Suspension and Limitation on Entry.  The entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas is hereby suspended and limited, subject to section 3 of this proclamation:

(a)  an H-1B or H-2B visa, and any alien accompanying or following to join such alien;

(b)  a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien; and

(c)  an L visa, and any alien accompanying or following to join such alien.

It should be noted, although the expanded ban appears to have rather wide ranging effects, those seeking the K-1 visa for a foreign fiancee, a K-3 visa, CR-1 visa, or IR-1 visa for the spouse of an American citizen are unaffected by this recent proclamation. That stated, while this ban does not have a direct impact, the fact that US Embassies and Consulates overseas are still not open for visa processing continues to stall immigration matters.

Meanwhile, Thailand is taking stringent measures in an attempt to forestall any further spread of COVID-19 in the Kingdom. With nearly 6 weeks of zero in-country transmissions, Thailand is a proving to be a global success story in the “fight” against Coronavirus. These measures appear to be bearing fruit, but Thailand remains in lock down from an international travel context. It was recently announced that some foreigners would be allowed to enter Thailand. At the same time, Thai officials are attempting to implement a “travel bubble” scheme which will allow some tourists to enter Thailand under specific conditions. As of the time of this writing, the initiation of “travel bubbles” has yet to be seen, but they are expected to come online in September. Thereafter, there will be a phased program of increasingly less stringent restrictions with the culmination presumably manifesting as tourism to resume as normal. It should be noted that the countries surrounding Thailand appear to be taking similar positions to that of Thailand with respect to inbound tourist arrivals, at least for the foreseeable future.

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2nd June 2020

While certain aspects of the COVID-19 situation seem to be evolving in a positive manner, there remain many travel restrictions in Thailand and the USA.

It appears that notwithstanding the overall restriction of foreign travel into Thailand, the Ministry of Foreign Affairs has announced that accommodation for foreign nationals entering Thailand may be possible, provided they have a Thai Work Permit. However, it should be noted that a work permit (and presumably Business Visa or O Visa) is not the exclusive requirement to gain entry to the Kingdom. It appears that “fit-to-fly” documents must be obtained by travelers before departing for Thailand. Concurrently, it also appears that a Thai Entry Certificate issued by the Ministry of foreign Affairs in Bangkok will also be necessary, in addition to standard travel documents. These announcements are rather recent and full implementation of these policies remains to be seen.

Meanwhile, there is a great deal of interest regarding the possibility that the US Embassy in Thailand and the surrounding countries may reopen for visa interviews. However, as of the time of this writing it appears that the Embassies in Southeast Asia are unlikely to process out cases for K-1 visas, CR-1 visas, K-3 visas, or IR-1 visas any time soon. The following statement is noted on the US Travel Docs website for Thailand:

As of March 19, 2020, the United States Embassy and Consulate in Thailand are cancelling routine non-immigrant visa appointments. From March 24, the United States Embassy and Consulate is not accepting applications through Interview Waiver for any visa categories. We will resume routine visa services as soon as possible but are unable to provide a specific date at this time.

The following is noted on the same website for Cambodia:

In response to significant worldwide challenges related to the COVID-19 pandemic, the Department of State has temporarily suspended routine visa services at all U.S. Embassies and Consulates. Embassies and consulates have canceled all routine immigrant and nonimmigrant visa appointments as of March 20, 2020

Finally, a similar message is noted for Laos:

As of March 20, the United States Embassy in Vientiane, Laos is suspending routine immigrant and nonimmigrant visa appointments.  We will resume routine visa services as soon as possible but are unable to provide a specific date at this time.

Clearly, it seems unlikely that visa applications, and the interviews associated therewith, are unlikely to occur in any of the above posts for the foreseeable future. The overall situation regarding entry to the USA and Thailand remains rather fluid, we will keep updating this blog as the situation progresses.

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2nd May 2020

The past 6 weeks have been very eventful in terms of the response to the COVID-19 (or Coronavirus) lock down in Thailand. This crisis has also had a significant impact upon the American visa process. By way of an update, the Thai government has recently announced an easing of restrictions associated with the lock down of business and social interaction in Thailand. It now appears that as of May 3rd, small eateries, parks, hair salons, stores selling certain retail as well as electronic goods, and pet shops will be allowed to reopen. Thai government officials have announced that further phased reopening measures will be implemented in coming weeks should circumstances permit. Concurrently, it was initially announced that the ban on the sale of alcohol in Thailand would be extended throughout the month of May. There was some speculation that a “grace period” would be permitted on Mat 1st and 2nd to allow the public time to “stock up” on alcohol products in anticipation of further restrictions over the forthcoming month.

Shortly after these predictions and the announcement that the ban on alcohol sales would continue, it was announced that retail alcohol sales could recommence beginning May 3rd. Further, it appears that those eateries which maintain an alcohol license and usually sell alcohol in the course of their day-to-day business will be permitted to sell alcohol on a “take-away” basis. Therefore, for the forthcoming days small restaurants and other venues will be reopened to the public and life in Thailand appears to be normalizing somewhat. Notwithstanding these measures, restrictions on pubs and entertainment establishments remain.

While all of this is unfolding in Thailand, in the USA the US immigration system appears to be preparing for further delays associated with the processing of visa cases. The following announcement from USCIS recently came to this blogger’s attention:

On March 18, U.S. Citizenship and Immigration Services temporarily suspended routine in-person services to help slow the spread of coronavirus (COVID-19). USCIS plans to begin reopening our offices on or after June 4, unless the public closures are extended further.

In prior announcements it had been noted that May 4th would be the presumptive date of reopening. It now appears that there will be at least another month delay for in-person services with USCIS. At the same time, the new Immigration Ban remains in effect although it is unlikely to have any impact upon those seeking a K-3 visa, CR-1 visa, IR-1 visa, or K-1 visa from Thailand as the ban specifically excludes spouse visas and only pertains to immigrant visas. Therefore, as a fiance visa is not, by definition, an immigrant visa, the provisions this new ban do not apply to fiances of American citizens. However, notwithstanding the fact that the immigration ban does no directly impact most family based visas from Thailand it is effectively a moot point for the immediately foreseeable future due to the fact that the Immigrant Visa Unit and the Non-Immigrant Visa Unit at the US Embassy in Bangkok are not currently holding visa interviews nor are the issuance immigrant and non-immigrant visa as they remain closed due to the coronavirus. We, in this office, are currently looking at the USCIS presumed reopening date as the best indication of when it seems prudent to presume that the Embassy will reopen for interviews. That stated, the ultimate date of reopening remains to be seen, but we will try to keep you up to date on this blog.

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