Integrity Legal

It recently came to this blogger’s attention that the discretionary powers accorded to Consular Officers at United States Missions abroad with regard to visa issuance are to be expanded to provide further latitude to Consular Officers with regard to the revocation of US visas. To quote directly from Justia.com:

This rule changes Department regulations to broaden the authority of a consular officer to revoke a visa at any time subsequent to issuance of the visa, in his or her discretion. These changes to the Department’s revocation regulations expand consular officer visa revocation authority to the full extent allowed by statute. Additionally, this rule change allows consular officers and designated officials within the Department to revoke a visa provisionally while considering a final visa revocation.

Clearly, this rule would expand the authority currently granted to Consular Officers in adjudicating American visa matters. For those who are unfamiliar with this topic it should be noted that Consular Officers currently maintain virtually un-reviewable discretion in matters pertaining to US visa application adjudication. This discretion occurs pursuant to a doctrine referred to as Consular Non-Reviewability (or colloquially referred to as Consular Absolutism). Pursuant to the philosophy underlying this doctrine Courts in the United States are unlikely to review the decisions of a Consular Officer at a US Embassy or US Consulate abroad unless the Consular Officer’s decision in the matter appears “facially illegitimate” to the Court of competent jurisdiction.

Bearing this in mind the announcement went on to point out the reasoning behind the recent decision to make this rule change:

On occasion, after a visa has been issued, the Department or a consular officer may determine that a visa should be revoked when information reveals that the applicant was originally or has since become ineligible or may be ineligible to possess a U.S. visa. Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) (INA) authorizes the Secretary and consular officers to revoke a visa in their discretion. Current regulations limit the circumstances in which consular officers may revoke visas. In light of security concerns, this amendment grants additional authority to consular officers to revoke visas, consistent with the statutory provisions of the INA. Although this rule eliminates the provisions that permit reconsideration of a revocation, it also allows for the provisional revocation of a visa when there is a need for further consideration of information that might lead to a final revocation. In cases where the person subject to a provisional revocation is found to be eligible for the visa, the visa will be reinstated with no need for reapplication. However, with the exception of provisional revocations, an applicant whose visa has been revoked must apply for another visa, at which time his or her eligibility for the visa will be adjudicated.

In this blogger’s opinion, this rule change could have significant ramifications for prospective visa applicants. That stated, it remains to be seen what the practical implications of this rule change will be. The administration of this web log strongly encourages readers to click on the above hyperlinks to learn more about this topic on Justia.com.

It should be noted that within the text of this memo it was pointed out that this rule is being promulgated pursuant to the Administrative Procedure Act. To quote one final time from the aforementioned document:

This regulation involves a foreign affairs function of the United States and, therefore, in accordance with 5 U.S.C. 553 (a) (1), is not subject to the rule making procedures set forth at 5 U.S.C. 553.

Those who have read this blog in the past may recall that the United States Department of State maintains a mandate to conduct the foreign affairs of the United States and one of the duties that is entailed within this mandate is the duty to adjudicate applications for a US visa. This can include applications for visas such as the B-2 visa (for those wishing to engage in recreational travel in the United States), the K-1 visa (a US fiance visa for the foreign fiance of a US Citizen), the CR-1 visa or IR-1 visa (for the spouse of an American Citizen or Lawful Permanent Resident), or, in increasingly rare instances, a K-3 visa (which is a non-immigrant spouse visa for the husband or wife of an American Citizen). It is even posited that this new discretion could have an effect upon adjudication of L-1 visa and EB-5 visa applications, as well as the possible aftermath thereof. In any case, increased Consular discretion is likely to have an impact upon visa applications across the categorical spectrum of American travel documents.

For related information please see: K-1 Visa Thailand or K-1 Visa Cambodia.

For information related to waivers of grounds of inadmissibility (ineligibility) please see: I-601 waiver or I-212 waiver.

Tags: American Institute, American State Department, Consul, Consular Absolutism, Consular Non-Reviewability, Consular Officer, Consular Processing, CR-1 Visa, Department of State, Facially Illegitimate, Facially Legitmate, final visa revocation, I-212 waiver, I-601 Waiver, Immigrant Visa Unit, IR-1 Visa, IV Unit, K-1 Visa, K-1 Visa Cambodia, K-1 Visa Thailand, K-3 Visa, NIV Unit, Non-Immigrant Visa Unit, provisional visa revocation, US Consulate, US Embassy, US Fiance Visa, US Mission, US Visa Cambodia, us visa denial, US Visa Denied, US Visa Thailand, Vice Consul, visa denial, visa denied, visa eligibility, visa revocation
Posted in I-601 Waiver, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Vladivostok, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Brunei Darussalam, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Kyrgyz Republic (Kyrgyzstan), US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Russia, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Turkmenistan, US Embassy Tuvalu, US Embassy Uzbekistan, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa and Immigration, US Visa Thailand | No Comments »

This blogger writes this post in transit between the Vientiane, Laos and Bangkok, Thailand having been retained to assist with Consular Processing at the Post in Laos. It came to this blogger’s attention while physically outside of the US Embassy compound that the Post in Vientiane will be closed on April the 8th for training purposes. This alone would not have concerned this blogger a great deal as United States Missions abroad routinely close local posts in order to use the closure as an opportunity to train personnel. Therefore, those reading this should not necessarily make the assumption that the Post in Vientiane is closing in anticipation of a government shutdown. That said, the forthcoming information, in conjunction with that noted above gave this blogger pause.

Bearing the above paragraph in mind, this blogger was also notified that the US Embassy in Bangkok has been calling prospective visa beneficiaries with upcoming visa interview appointments in order to attempt to reschedule pending visa interviews. It would appear that this is being done in response to the belief that a government shutdown is possibly imminent and should such a shutdown actually occur it would likely result in the closure of the various Immigrant Visa Units and Non-Immigrant Visa Units at US Missions abroad.

In a previous posting on this blog, the administration analyzed the possible ramifications of such a state of affairs and those reading this posting are encouraged to look at that post in order to learn more about this rather serious issue. The previous posting on this issue can be found at: Government Shutdown.

A few notes on the US Embassy in Vientiane, Laos; first, three words accurately describe this Post: courteous, professional, and efficient. The foreign-language officers are extremely helpful and the English-language officer aptly engaged in staying on top of what, to this blogger, appeared to be  substantial caseload and simultaneously dealing with applicants very politely all while checking documents and doing the routine due diligence required of Consular Officers stationed overseas.

At the time of this writing, it remains to be seen whether or not a government shutdown will actually occur, but should the government shutdown, then this could have a substantial impact upon US visa applications for visas such as the CR-1 visa, the K-1 visa, the IR-1 visa, and the K-3 visa. Meanwhile, processing of business visas such as the EB-5 visa and the L-1 visa could also be impacted by a shutdown of the United States government. There is some speculation as to whether or not the United States Citizenship and Immigration Service (USCIS) will shutdown as a result of possible government closure as USCIS is self-funded by petition and application fees (although that agency did receive money from the US government last year in order to cover a funding shortfall).

As this situation evolves, the administration of this blog will attempt to keep readers updated.

Tags: American Embassy Laos, American Embassy Thailand, American government shutdown, American Visa Process Government Shutdown, CR-1 Visa Process Government Shutdown, Department of States, EB-5 Visa Process Government Shutdown, IR-1 Visa Process Government Shutdown, K-1 Visa Process Government Shutdown, L-1 Visa Process Government Shutdown, us embassy bangkok, US Embassy Laos, us embassy thailand, US Embassy Vientiane, US government shutdown, US Visa Laos, US Visa Process Government Shutdown, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, News, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Vladivostok, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Brunei Darussalam, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Kyrgyz Republic (Kyrgyzstan), US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Russia, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Turkmenistan, US Embassy Tuvalu, US Embassy Uzbekistan, US Embassy Vietnam, US Embassy Yangon, US State Department, US Tourist Visa, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

สิ่งที่เกิดขึ้นและเป็นที่น่าสนใจเมื่อเร็วๆนี้  หน่วยบริการคนเข้าเมืองและพลเมืองสัญชาติอเมริกัน (USCIS) อาจจะมีการเปลี่ยนแปลงในขั้นตอนต่างๆซึงเกี่ยวกับกระบวนการการยื่นคำขอเข้าเมืองที่เกี่ยวกับการขอวีซ่าประเภทซีอาร์-1 ไออาร์-1 วีซ่า เค-1 และวีซ่าเค-3 ซึ่งยื่นโดยพลเมืองอเมริกันและพลเมืองที่มีถิ่นฐานถาวร อ้างโดยตรงจากบันทึกของ USCIS ที่อ้างลงใน ILW.com:

บันทึกนี้ได้ให้คำแนะนำในเรื่องของศูนย์บริการ USCIS ในประเด็นของการเปลี่ยนแปลงในการจัดการของคำขอ I-130 และ คำขอ I-129F ที่ยื่นโดยผู้ยื่นคำขอที่เกี่ยวข้องกับ “ข้อหาเกี่ยวกับความผิดเล็กๆน้อยๆ” ภายใต้พระราชบัญญัติการความปลอดภัยและการปกป้องเด็กอดัม วอร์ช ปี 2006 (พระราชบัญญัติอดัม วอร์ช หรือ AWA) และเกี่ยวข้องกันกับประเด็นนี้ บันทึกนี้ปรับใช้กับคำขอที่เกี่ยวกับศูนย์บริการและไม่ใช่คำขอที่เกี่ยวข้องกับสำนักงานของ USCIS

โดยทั่วไปแล้ว คำขอ I-130 (ประเภทที่ใช้สำหรับการอ้างคำขอของวีซ่า CR-1 หรือวีซ่า IR-1)เป็นกระบวนการของ หน่วยบริการ USCIS ซึ่งเป็นกระบวนการเฉพาะและเป็นหลักฐานการชำระเงิน ในบางกรณี อาจจะเป็นไปได้ที่กระบวนการของ I-130ในสำนักงานต่างๆที่ตั้งอยู่ในต่างแดน เช่นสำนักงาน USCISในกรุงเทพฯ คำขอของ I-129f (เป็นประเภทหนึ่งของการยื่นคำขอวีซ่าคู่หมั้นสหรัฐ หรือวีซ่า K1)ซึ่งอยู่ในขั้นตอนการดำเนินงานของศูนย์บริการUSCISในสหรัฐอเมริกา เนื่องจากสำนักงานหลักไม่สามารถดำเนินการต่างๆได้ในขณะที่เขียนบทความนี้อยู่ อ้างเพิ่มเติมจากบันทึกข้อความที่กล่าวถึงก่อนหน้านี้

USCIS จะเป็นศูนย์กลางที่ VSC ในการเป็นศูนย์บริการ หากศูนย์บริการได้มีการตัดสินใจในเบื้องต้นว่ามีการประกันคำขอในฐานะที่เป็นเรื่องเกี่ยวกับ AWA ที่ VSCจะให้บริการการจัดการกับปัญหาต่างๆจากรัฐบาลกลาง รัฐ และตัวแทนท้องถิ่นอื่นๆในเรื่องที่เกี่ยวกับ AWA ดำเนินการอยู่ หรือเรื่องที่เกี่ยวกับหนึ่งในสี่ของศูนย์บริการ (ในที่นี้อ้างถึง “หน่วยบริการต้นกำเนิด” หรือ “หน่วยบริการที่ส่งไป”) ในนขณะที่เรื่องที่เกี่ยวกับAWA ต้องการที่จะจัดการแบบพิเศษ การตัดสินใจที่จะรวมอำนาจเกี่ยวกับ AWAที่ VSC จะกระทบต่อเรื่องที่อยู่ในศูนย์บริการอื่นเพียงเล็กน้อย

เป็นที่เห็นได้ชัดเจนว่า หน่วยบริการการเข้าเมืองและพลเมืองอเมริกัน (USCIS) ได้มีการเปลี่ยนแปลงนโยบายเพื่อที่จะเพิ่มประสิทธิภาพในการตรวจสอบตามพระราชบัญญัติอดัม วอร์ช (AWA) ในบทบาทของศูนย์บริการในเวอร์มอนท์ซึ่งเกี่ยวข้อง

กับ AWAในบทบาทของศูนย์บริการวีซ่าแห่งชาติในกระบวนการทั่วทั้งสหรัฐเนื่องจากตัวแทนมีภาระหน้าที่ในเรื่องเกี่ยวกับคำขอวีซ่าซึ่งมาจาก USCIS และผ่านกระบวนการของสถานทูตอเมริกา หรือกงสุลสหรัฐในต่างประเทศ แม้NVCอยู่ภายใต้อำนาจของกระทรวงของรัฐในขณะที่ศูนย์บริการเUSCISวอร์มอนท์(เหมือนกับศูนย์บริการ USCIS อื่นๆ) ภายใต้เขตขอำนาจของกระทรวงความมั่นคงแห่งมาตุภูมิ (DHS)และ USCIS

To view this posting in English please see: K-1 visa.

Tags: Adam Walsh Act, AWA, CR-1 Visa, Department of Homeland Security, DHS, I-129f, I-130, IR-1 Visa, K-1 Visa, K1 Visa, United States Citizenship and Immigration Service, US Visa Burma, US Visa Cambodia, US Visa Laos, US Visa Malaysia, US Visa Myanmar, US Visa Thailand, USCIS, กระทรวงความมั่นคงเเห่ง, พระราชบัญญัติอดัม วอร์ช, วีซ่า ซี อาร์วัีน, วีซ่า เคทรี, วีซ่า ไอ อาร์ วัน, วีซ่าคู่หมั้นสหรัฐ, วีซ่าสหรัฐในไทย, วีซ่าอเมริกาในไทย, วีซ่าเค วัน, ศูนย์บริการวีซ่าเเห่งชาติ, หน่วยบริการวีซ่า
Posted in สถานทูตสหรัฐอเมริกาประจำประเทศไทย | No Comments »

It recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) may be changing some of the procedures associated with the processing of immigration petitions pertaining to the application for issuance of the CR-1 visa, IR-1 visa, K-1 visa, and K-3 visa filed by United States Citizens and Lawful Permanent Residents. To quote directly from a recent USCIS Memo posted on ILW.com:

This memorandum provides guidance to USCIS service centers regarding changes in the handling of all stand-alone I-130 and I-129F petitions filed by petitioners who have been convicted of any “specified offense against a minor” under the Adam Walsh Child Protection and Safety Act of 2006 (“Adam Walsh Act” or “AWA”) and related issues.1 This memorandum applies only to petitions that are adjudicated at the service centers and not to petitions adjudicated at USCIS field offices.

Generally I-130 petitions (the categorical designation used to refer to the petition for a CR-1 visa or an IR-1 visa) are processed by the USCIS Service Center designated by the lockbox upon receipt. In some cases, it may be possible to process an I-130 petition at one of the various USCIS field offices located abroad, such as the USCIS office in Bangkok. The I-129f petition (categorical designation used to denote the US fiance visa or K1 visa) can only be processed at a USCIS Service Center in the USA as the field offices overseas do not process such petitions as of the time of this writing. To quote further from the previously mentioned memorandum:

USCIS will centralize at VSC all files currently at service centers if the service center adjudicator has made a preliminary determination that the petition warrants review as an AWA-related case. The VSC will serve as a central clearinghouse for inquiries from Federal, State, and local agencies regarding AWA-related cases that are pending or were recently adjudicated at one of the four service centers [hereafter referred to as “originating service center” or “sending service center”]. While AWA-related cases require special handling, the decision to centralize AWA-related adjudications at the VSC will affect caseloads at other service centers only minimally.

Clearly, the United States Citizenship and Immigration Service (USCIS) is making policy changes in an effort to take steps to more efficiently process cases requiring further scrutiny pursuant to the Adam Walsh Act (AWA). In a way, the Vermont Service Center’s role in AWA-related cases is somewhat similar to the role of the National Visa Center in the overall US visa process as that agency is tasked with acting as a sort of clearinghouse for visa applications arriving from USCIS and being processed out to a US Embassy or US Consulate abroad. Although, NVC is under the authority of the Department of State whereas the Vermont Service Center (like the other USCIS Service Centers) is under the jurisdiction of the Department of Homeland Security (DHS) and USCIS.

For related information please see: Adam Walsh Act.

Tags: Adam Walsh Act, American Immigration Attorney, American Immigration lawyer, American Visa Attorney, American Visa Lawyer, AWA, CR-1 Visa, CR-1 Visa Thailand, IR-1 Visa, K-1 Visa, K-1 Visa Burma, K-1 Visa Cambodia, K-1 Visa China, K-1 Visa Hong Kong, K-1 Visa India, K-1 Visa Indonesia, K-1 Visa Laos, K-1 Visa Myanmar, K-1 Visa Philippines, K-1 Visa Singapore, K-1 Visa Taiwan, K-1 Visa Thailand, K-1 Visa Vietnam, K-3 Visa, K-3 Visa Thailand, K1 Visa Cambodia, K1 Visa Laos, K1 Visa Thailand, K1 Visa Vietnam, National Visa Center, NVC, United States Citizenship and Immigration Service, US Immigration attorney, US Immigration Lawyer, US Visa Attorney, us visa lawyer, US Visa Thailand, USCIS, USCIS Processing Times
Posted in CR1 Visa, Department of Homeland Security, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, National Visa Center, US State Department, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In recent weeks it has come to this blogger’s attention, via organizations such as the American Immigration Lawyers Association (AILA) and through the website of the United States Citizenship and Immigration Service (USCIS), that the USCIS has made decisions which has lead to a delay in processing a relatively significant number of I-130 petitions for Immediate relative immigration benefits. To quote directly from the official website of the United States Citizenship and Immigration Service (USCIS):

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.

Tags: American Visa, CR-1 Visa, I-129f, I-130, Immediate Relative Petition, IR-1 Visa, K-3 Visa, K-3 Visa China, K-3 Visa India, K-3 Visa Japan, K-3 Visa South Korea, K-3 Visa Taiwan, K-3 Visa Thailand, K-3 Visa Vietnam, United States Citizenship and Immigration Service, US Marriage Visa, US Visa, US Visa Cambodia, US Visa China, US Visa India, US Visa Indonesia, US Visa Japan, US Visa Malaysia, US Visa Myanmar, US Visa Singapore, US Visa South Korea, US Visa Taiwan, US Visa Thailand, US Visa Vietnam, USCIS, USCIS Delay, USCIS Error, USCIS News
Posted in USCIS | No Comments »

While surfing the World Wide Web, this blogger came across an interesting piece on the Diplopundit blog pertaining to the United States Embassy in Bangkok, Thailand. The administration of this blog highly recommends that readers go to the Diplopundit blog to read the entry in its entirety. That said, the following was quoted directly from the aforementioned blog:

We understand that Bangkok’s FY 2009 NIV workload declined by over 20,000 cases from its FY 2008 high. The IV workload also declined from a FY 2006 high of approximately 8,500 to fewer than 3,000 cases in FY 2009. Still — we feel bad for the ELOs [English Language Officers] — no counseling, late performance reviews and a rotation program that spans 3-4 months — are not/not great introductions to a new career.

There is obviously a leadership disconnect here. The CG meets with the officers regularly but the Visa Chief reportedly does not, and neither were “regular participants in [visa] line work.” Ever wonder how this translates to — lead by example? Or building great teams?

The above quotation seems to drip with a certain level of sarcasm while maintaining a genuine concern for efficiency at American Missions abroad. That stated, this blogger cannot comment upon the caseload, processing policies, or personnel issues at the US Embassy in Bangkok due to a general lack of personal knowledge regarding the overall staffing situation at the Post. However, this blogger can state from personal experience that the officers at the US Embassy Thailand really did “go above and beyond” during the year 2010.

The Kingdom of Thailand saw a great deal of political, economic, and social turbulence in 2010. Most notable for those interested in matters pertaining to the US Embassy was the fact that the Post was closed for a number of days due to the riots in the late spring and early summer in Bangkok, Thailand. The so-called “Red Shirts” mounted a protest which eventually lead to a government crackdown, but not before causing major disruptions in the Bangkok Metropolitan area. The reason this riot is pertinent to this posting is the fact that this blogger personally saw, on more than one occasion, Consular Officers, of virtually every level, at the US Embassy in Bangkok going out of their way to assist and provide services to people leading right up to the actual crackdown (the same could also be said for the USCIS office in Bangkok, but that is a digression from the point of this posting).

In many ways, the situation in Bangkok could have been detrimental to the health and safety of the Consular Officers at the Post, but said employees continued to diligently perform their duties nonetheless. Although none of this goes precisely to the heart of the issues discussed in the Diplopundit blog posting this blogger felt that it should be noted in order to provide a human, if somewhat intangible, perspective on the situation in Bangkok over the past year. Perhaps this blogger is being “soft,” but it is simply the opinion of this blogger that credit ought to be given where it is due.

For related information please see: K-1 Visa Thailand.

Tags: American Embassy, American Embassy Bangkok, American Embassy Thailand, American Visa Thailand, Bangkok Riots, K-1 Visa Thailand, K1 Visa Thailand, Red Shirt Riots, Riots in Thailand, US Embassy, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in us embassy bangkok, US Embassy Thailand | No Comments »

Those who have read this web log with any frequency in the past may have noticed that the administration routinely posts information regarding attorney licensure and the practice of United States Immigration law. Recently, this blogger discovered some interesting information on this subject while researching the issue on the official website of the United States Citizenship and Immigration Service (USCIS). To quote some of that information directly:

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.

Tags: American Attorney, American Visa Attorney, American Visa Lawyer, American Visa Thailand, Department of Homeland Security, fake immigration attorneys, fake immigration lawyers, immigration consultant, K-1 Visa Thailand, K1 Visa Thailand, notario, US Immigration attorney, US Immigration Lawyer, US Visa Attorney, US Visa Cambodia, US Visa China, US Visa Hong Kong, US Visa India, US Visa Indonesia, US Visa Japan, US Visa Korea, US Visa Laos, us visa lawyer, US Visa Malaysia, US Visa Myanmar, US Visa Sri Lanka, US Visa Taiwan, US Visa Thailand, US Visa Vietnam, USCIS, visa agent, visa agents
Posted in K1 Visa Thailand, USCIS | No Comments »

For those who read this blog with any frequency it has no doubt been noted that the administration often attempts to post the holiday closing schedules of the various US Embassies and Missions outside of the United States of America as a convenience to travelers who may be in need of services abroad. Below is the is the holiday closing schedule for the United States Embassy in the Kingdom of Thailand as quoted from the official website of the US Embassy in Bangkok, Thailand:

Those interested in receiving Consular services such as notary services and/or issuance of a Consular Report of Birth Abroad, US Passport, or additional visa pages are well advised to contact an American Citizen Services Section of the nearest US Mission with Consular jurisdiction over the area in which one is located.

Those wishing to find the US Embassy in Bangkok’s official website homepage please click Here.

Each year, many Thai-American couples opt to seek US immigration benefits in the form of travel documents such as the K-1 visa or the CR-1 Visa. Meanwhile, many multi-national companies or individual immigrant investors seek investment or business based visas such as the L-1 visa for intra-company transferees, the E-2 visa for Treaty Investors traveling to the USA, or the EB-5 visa for Immigrant Investors making a minimum $500,000 investment in an eligible program in the United States. In most cases, Thai applicants for the visas noted above will be required to process their visa application with the Immigrant Visa Unit or Business Travel Unit of the US Embassy in Bangkok, Thailand.

Those Thai nationals seeking Non-immigrant visas such as the J-1 visa (Exchange Visitor Visa), F-1 visa (Student Visa), B-2 visa (Tourist Visa), or the B-1 Visa (Business Visa) must process their application through the Non-immigrant Visa Unit in Bangkok if the Thai applicant resides within the Consular jurisdiction of the US Embassy in Bangkok as opposed to the Consular jurisdiction of the US Consulate-General in Chiang Mai Thailand.

Those interested in learning further information about the process of obtaining a United States visa from the Kingdom of Thailand please see: US Immigration.

Tags: American Embassy Bangkok, American Embassy Thailand, American Visa Thailand, B-2 Visa Thailand, CR-1 Visa Thailand, CR1 Visa Thailand, E-2 Visa Thailand, EB-5 Visa Thailand, F-1 Visa Thailand, J-1 visa Thailand, K-1 Visa Thailand, K1 Visa Thailand, L-1 Visa Thailand, us embassy bangkok, us embassy thailand, US Embassy Thailand Closed, US Embassy Thailand Holidays, US Visa Thailand, USA Visa Thailand
Posted in US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration | No Comments »

The issue of immigration fraud is a serious one. Authorities of the United States government within the Department of Homeland Security (DHS), the Department of State (DOS), the United States Citizenship and Immigration Service (USCIS), the United States Customs and Border Protection Service (USCBP), and the United States Immigration and Customs Enforcement Service (USICE) are all tasked with the responsibility of screening and investigating matters pertaining to visa and immigration fraud. It recently came to this blogger’s attention that the Immigration and Customs Enforcement Service, colloquially referred to as ICE, apprehended a Nigerian man in connection with US visa fraud. To quote directly from the ICE.gov website:

HOUSTON – A Nigerian man on Monday was stripped of his U.S. citizenship at his sentencing hearing for conspiracy to commit marriage fraud, marriage fraud, naturalization fraud, and making a false statement to a federal agency. The sentence was announced by U.S. Attorney José Angel Moreno, southern District of Texas. The investigation was conducted by the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI). Ibraheem Adeneye, 33, who is originally from Nigeria and became a naturalized U.S. citizen, was convicted of the charges May 7 by a jury. He has been in federal custody on these charges for about six months. U.S. District Judge Kenneth Hoyt sentenced Adeneye to the time he has already served in prison. The judge also granted the government’s motion to strip Adeneye of his U.S. citizenship. Adeneye is now subject to deportation.

Denaturalization is the process by which a person is stripped of United States Citizenship and returned to foreign national status. Regarding the issue of sham marriage and the United States Immigration process, the report went on to note:

The ICE HSI investigation was initiated in 2008. Adeneye indicated that he was engaged in brokering sham marriages between Nigerian nationals and U.S. citizens so that the Nigerians could obtain immigration benefits, ultimately leading to U.S. citizenship. In return, the U.S. citizen “spouses” received cash payments to assist the Nigerians in the deception.

Incorporating a sham marriage into an effort to obtain United States visa benefits is a serious crime as can be seen from the above cited report. Those thinking of filing for American Immigration benefits should note that it is NEVER a wise course of action to lie to immigration authorities or attempt to deceive the United States government or its officers. Even if one becomes a United States Citizen, then previous fraudulent activity during the visa process could result in possible de-naturalization and criminal charges.

It should further be noted that those seeking American visa benefits should consult a licensed attorney in an effort to gain insight into the immigration process as only an American attorney licensed and in good standing in at least one US state is entitled to provide advice, counsel, and/or possible representation before the United States Department of Homeland Security and the Department of State.

For related information please see: K1 visa Thailand or K1 Visa Singapore.

Tags: American Visa Singapore, American Visa Thailand, DHS, DOS, ICE, Immigration and Customs Enforcement, Immigration Fraud, K-1 Visa, K-1 Visa Singapore, K-1 Visa Thailand, K1 Visa, K1 Visa Singapore, K1 Visa Thailand, Marriage Fraud, Sham Marriage, US Visa, US Visa Singapore, US Visa Thailand, USCBP, USCIS, USICE, visa fraud
Posted in American Institute Taiwan, CR1 Visa, Department of Homeland Security, Fiance Visa Thailand, I-601 Waiver, IR1 Visa, J1 visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, National Visa Center, US Citizenship, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa, US Visa and Immigration, US Visa Thailand, USCBP, USCIS, USICE | No Comments »

Although this blog rarely discusses economic issues. When economics has an impact upon legal issues or matters pertaining to United States Immigration, then discussion of economic matters may be warranted. In recent months, the United States dollar has depreciated against many of the currencies of Asia, but there has yet to be significant movement in the Chinese Yuan which does not really “float” on the market as other currencies. As a result, economic tensions have increased between the United States of America, the Peoples’ Republic of China, the Kingdom of Thailand, and other Asian nations. Meanwhile, some of the member states of the Association of South East Asian Nations (ASEAN) have seen their currencies rise significantly against the dollar. In a recent editorial posted on ThaiVisa.com, this issue was discussed in detail:

In any event, the dollar can only go south. The greenback slid to its lowest level in almost five months versus the euro. Gold, which represents a hedge against inflationary expectation, has also climbed to a record high on market anticipation that the Fed will flood the financial system with further liquidity to prop up the US economy.

This monetary easing will result in further weakening of the dollar. And as the US government continues to run a massive deficit, the Fed will be obliged to come to the rescue by purchasing the Treasuries that finance the deficit, which is not likely to come down in the foreseeable future due to economic weakness, falling tax revenue and spending obligations that have dramatically increased.

With the US weakness, a sovereign debt crisis in Europe and deflation in Japan, how will Thailand cope with the policy challenge? The first thing that comes to mind is that the baht will continue its upward trend. This is inevitable. The baht could go back to the pre-1997 crisis level of Bt25 to the dollar…

For those unaware, the United States Federal Reserve Bank recently announced that $600 billion in liquidity would be injected into the United States economy over the course of the coming months. As can be gathered from the above quotation, this “quantitative easing” policy is resulting in a depreciation of the dollar compared to Asian currencies (and other global currencies, but the focus of this post will remain on Asia, specifically Thailand). In an article written in The Nation Newspaper and distributed by ThaiVisa.com this issue was discussed in further detail:

When massive capital outflows from the US head towards Asia, much of it is unable to enter China so it floods other emerging markets, especially Asean countries, Korn [Chatikavanij, Finance Minister of the Kingdom of Thailand] said.

“We would like the two economic giants to settle their differences on the exchange-rate issue. I think they understand our predicament,” said Korn…
On the one hand, the US dollar has continued to depreciate, while on the other, China has not allowed the yuan to appreciate. Given the latest US announcement of quantitative easing aimed at stimulating the domestic US economy, several Asian currencies have significantly appreciated against the US dollar, raising concerns about the region’s export competitiveness…

The twin economic giants of China and America have yet to fully reach equilibrium in matters related to currency and trade, but an immediate issue for many Thai Nationals is the relative appreciation of the Thai Baht. There are many who feel that a strong Baht is not in their interests and depending upon circumstances they may be correct.  However, the recent currency fluctuations could prove to be a benefit to those Thai nationals interested in seeking American Immigrant Investor visa benefits.

The United States EB-5 visa (Immigrant Investor category) was designed to provide a travel document and lawful permanent residence to otherwise qualified foreign nationals who wish to make a substantial investment in legally eligible investment programs the United States of America. As the Thai baht has appreciated against the United States dollar it has become relatively “cheaper’ (in Baht terms) to meet some of the investment criteria in the United States. Therefore, as the dollar becomes weaker versus the Thai Baht it becomes less expensive, from a Baht standpoint, to invest in the USA. For those wishing to immigrate to the USA, the current Baht/Dollar exchange rate is something of a windfall.

This could be a boon to the United States economy as well since investment in the United States leads to the creation of new jobs. Furthermore, lawful immigration is one of the central components that drives the American economy. As more Thai nationals invest in the United States economy, the stronger that economy becomes thereby naturally fueling a recover in the overall American economy. As the American economy continues to recover, there may be ancillary benefits that accrue to individuals and businesses in the USA and around the globe. Hopefully this scenario will play out over the coming months and help to spur a recovery in the United States economy.

For related information please see: EB-5 Visa Thailand or US Visa Thailand.

Tags: American Visa Thailand, ASEAN, ASsociation of Southeast ASian Nations, Baht, China, Chinese monetary policy, Currency Crisis, Currency War, Dollar, EB-5 Visa, EB-5 Visa ASEAN, EB-5 Visa Asia, EB-5 Visa Association of Southeast Asian Nations, EB-5 Visa Southeast Asian, EB-5 Visa Thailand, EB5 Visa, EB5 Visa ASEAN, EB5 Visa Asia, EB5 Visa Southeast Asia, EB5 Visa Thailand, Federal Reserve Bank, monetary easing, monetary policy, quantitative easing, Thai monetary policy, Thailand, The Fed, Trade War, Two Economic Giants, US monetary policy, US Visa Thailand, USA, USA Visa Thailand, Yuan
Posted in EB5 Visa, US Consulate Chiang Mai, US Embassy Thailand, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »