Integrity Legal
- Legal Blog
- Integrity Legal Home
- Thai Visa
- Company in Thailand
- Real Estate Thailand
- US Visa
- Contact Us
Posts Tagged ‘USCIS’
29th January 2010
USCIS Enters the Blogosphere: First Postings Deal with Haiti
Posted by : admin
One of the co-authors of this blog has recently discovered that the United States Citizenship and Immigration Service (USCIS) has added a new web log (blog) to their official website. This blog is apparently designed to provide more up to date information as well as insights regarding United States Immigration and Department of Homeland Security policy. The new blog can be found at this link. We at Integrity Legal wish to welcome USCIS to the blogosphere as we are anxious to read about current the news in United States Immigration policy.
In the initial posting on the new blog, USCIS took the opportunity to discuss the measures that have been taken to accord Haitian Nationals with Temporary Protected Status (TPS). This status allows those of Haitian Nationality who are present in the United States to file for protected status so as to avoid being placed into removal proceedings and sent back to Haiti. The reason that the United States Citizenship and Immigration Service has taken this measure is to avoid sending Haitians back to their home country as the Republic of Haiti has recently been the victim of incredibly damaging hurricanes and as a result the conditions in the country are tragic, if not, downright abysmal.
To quote directly from the USCIS blog:
The devastating earthquakes in Haiti have made it both dangerous and virtually impossible for most Haitian nationals living in the U.S. to return to their country in the near future. To help protect those who might otherwise be repatriated to a nation struggling to recover, the Secretary of Homeland Security announced the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010.
In this situation, USCIS has shown a very high level of efficiency, decisiveness, and compassion as TPS status was quickly granted to Haitians. It would appear that the decision to grant this status is based almost entirely upon humanitarian grounds and it is hard for anyone to disagree with the idea that sending Haitians back to Haiti at this time would be morally wrong, to say the least. That being said, the ultimate fate of Haitian nationals in the United States remains to be seen, but for now those present in the US do not need to fear the specter of being forcibly returned to their devastated homeland.
Hopefully, the United States Citizenship and Immigration Service will continue to provide relevant and important information through its website, press releases, and blog posts.
21st January 2010
USCIS Makes Organizational Changes
Posted by : admin
The United States Citizenship and Immigration Service (USCIS) is tasked with adjudicating Immigration applications such as the I-129f, I-130, and the I-601 waiver. They have offices throughout the United States and around the world. In Bangkok, the USCIS office is the administrative hub for virtually all US Immigration matters arising in Southeastern Asia.
This author recently came across a press release from the United States Citizenship and Immigration Service (USCIS) in which Director Alejandro Mayorkas explained that USCIS will be undergoing some organizational changes. The author obtained this information through the American Immigration Lawyers Association website. To quote directly from the press release:
“We at U.S. Citizenship and Immigration Services have realigned our organizational structure to achieve greater efficiency and to more ably accomplish our mission. The realignment reflects the prioritization of certain critical Agency responsibilities. The three most significant changes are:
The creation of a Fraud Detection and National Security Directorate. This change reflects our prioritization of our anti-fraud and national security responsibilities and will bring greater focus to them.
The creation of a new Customer Service Directorate. This change reflects our prioritization of customer service and recognizes the significant efforts that will be needed to ensure that we are at the cutting edge of service modeling.
The division of the existing Domestic Operations Directorate into two separate directorates, Service Center Operations and Field Operations. This change will foster greater innovation and achieve greater efficiency in our delivery of immigration services.”
Fraud prevention is a constant priority for USCIS as the US Immigration system is, at times, plagued by sham marriages, fraudulent petitions, and unlicensed operators claiming to be immigration attorneys. Further, the internal bifurcation of Service Center Operations and Field Operations will likely lead to greater efficiency in both areas as they require different types of administrative supervision. In the case of K visas, there are two service centers that handle K1 and K3 visa petitions. Meanwhile, applications for Immigrant visas are received at the USCIS lockbox.
Finally, the creation of a Customer Service Directorate will be a boon to Immigration attorneys and laymen alike as the confusing aspects of the Immigration process can be clarified by contacting a USCIS Customer Service Representation. This author is happy to see that USCIS is taking the time to internally reorganize in an effort to provide better service to both United States Citizens as well as foreign nationals.
For those interested further reading about the US Immigration process please see: K1 visa process.
4th January 2010
The CR1 visa from Thailand in 2010
Posted by : admin
For a more detailed look at the CR1 visa please see our main CR1 visa page at: CR1 visa Thailand. For information about US Immigration generally please see: US Visa Thailand.
The CR-1 Visa in 2010
As the new year begins this author would like to take this opportunity to look at the current method of processing a United States CR1 visa and also look at the future of the visa process in order to provide some insight to those thinking about submitting a visa application or petition in the future.
Currently, the United States Citizenship and Immigration Service (USCIS) estimates that it takes approximately 5 months months to come to a final decision regarding the disposition of an Immigrant CR-1 visa petition. This estimate measures the amount of time it generally takes from application submission until final decision. In the case of an approval, this estimate measures the amount of time it usually takes from the receipt date noted on Notice of Action 1 until the approval noted on Notice of Action 2. The prospective immigrant or the US petitioner should figure in more time for documentation compilation and delays due to the time the application will spend in transit.
Assuming petition approval, after the petition is adjudicated by USCIS it is sent to the National Visa Center (NVC). Unlike the K1 and K3 visa applications, the CR1 visa application will stay at the National Visa Center for an extended period of time due to the fact that NVC compiles a great deal of pertinent documentation which it then forwards on to the US Embassy. Many couples find this to be the most exasperating part of the US visa process because the National Visa Center can be a place where the application gets delayed.
After the National Visa Center forwards the case file to the United States Embassy, they will inform the applicant that it is time to prepare for the visa interview. The visa interview can inspire feelings of anxiety in the mind of the visa applicant as many are afraid that this phase of the process will be difficult. Many are under the mistaken impression that Consular Officers and Consulate Staff will try to undermine an applicant. In reality, the staff of the US Consulate is simply making an effort to conduct due diligence in an effort to ascertain whether or not the applicant has a genuine and bona fide intention to marry their American counterpart. Usually, the visa interview is a routine inquiry regarding the couple’s history.
Should the Consular Officer wish to review more documentation, they may issue a 221g refusal. This is simply a refusal to issue the visa without further documentation.
Should the visa application be approved, the applicant will be issued their visa shortly after the interview. The visa holder will then need to enter the Unted States within 6 months. Upon entry, the visa holder will be stamped into the US as a Lawful Permanent Resident. For those holding a CR-1 visa, their status will be Conditional Lawful Permanent resident util such time as an application for a lift of conditions is submitted and approved. After a lift of conditions is approved, the alien will be an unconditional lawful permanent resident in the USA.
27th December 2009
Green Card Surrender and US Tourist Visas
Posted by : admin
An occasional issue in United States Immigration matters is the termination of one’s lawful permanent residence in the USA (meaning the cancellation of one’s CR1 or IR1 visa). There are some who go to the US with the initial intention of remaining indefinitely, but these peoples’ intentions change and some opt to relinquish their lawful permanent residence. Surrender of one’s lawful permanent residence is facilitated by filing a form called an I-407 (Abandonment of Lawful Permanent Resident Status). Relinquishing one’s lawful permanent residence can be somewhat time consuming and the procedure is somewhat confusing. That being said the website of the American Embassy in the United Kingdom quickly sums up the process.
To quote directly from the website of the US Embassy in the UK:
“Once the U.S. Citizenship and Immigration Services office receives your completed Form I-407 and your Permanent Resident Card, the appropriate documentation stamps will be placed on the form along with the USCIS officer’s signature. A copy of this form will be returned to you in the stamped, self-address envelope you provide. This copy of the completed I-407 is your receipt and it validates the return of your Permanent Resident Card. You should keep a copy of the completed I-407 with your passport when you travel to the United States.”
This quote begs the question: “In what circumstances would a former permanent resident be allowed to visit the United States after formally renouncing their US Permanent Residence?” There are many cases where a former permanent resident wishes to visit the USA in order to see family, friends, or business associates. In many cases, former permanent resident’s opt to apply for a US tourist visa.
Under normal circumstances a tourist visa would be difficult to obtain if the applicant has family and friends in US because under section 214b of the United States Immigration and Nationality Act, Consular Officers at the US Embassy or US Consulate are required to make the presumption that an applicant for a non-immigrant visa such as a tourist visa is an undisclosed immigrant to the USA. This presumption is more easily overcome for those who have relinquished their permanent residence as the act is strong evidence contradicting the presumption of immigrant intent since the applicant has already immigrated once and opted to forfeit his or her immigration benefits.
Generally, US Consular Officers are more prone to issue tourist visas to former permanent residents due to the above analysis. However, this does not mean that the applicant for a tourist visa should not prepare and submit a well founded petition as adjudication of tourist visa applications is highly discretionary.
For more information please see: US Visa Thailand
21st December 2009
US Visa Processing Times: K1, K2, K3, K4, CR1, CR2, IR1, IR2
Posted by : admin
The United States Visa Process can be extremely confusing particularly when it come to United States Family Immigration. Below are the processing time estimates promulgated by the United States Citizenship and Immigration Service (USCIS). We post these processing times on this blog as a courtesy to those thinking about filing an Immigration petition or with a petition currently pending. To learn more visit the USCIS website.
These are the current processing time estimates for the USCIS California Service Center
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
|---|---|---|---|
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | January 23, 2005 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | May 23, 2002 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | September 09, 2000 |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | November 02, 2006 |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | November 02, 2002 |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | 4 Months |
These are the processing time estimates for the Vermont Service Center of USCIS:
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
|---|---|---|---|
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | April 16, 2007 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | June 05, 2006 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | June 19, 2007 |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | June 12, 2006 |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | June 05, 2006 |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | 4 Months |
|---|
It should always be remembered that these processing times are merely estimates and cannot be definitively relied upon. Every case is unique and processes in its own time based upon the unique facts of the case. That being said, the above figures fairly accurately reflect the amount of time it takes to obtain a decision from USCIS. For those processing through the US Embassy Bangkok, it should be noted that the above figures do not take into account Consular Processing as the Embassy is under the jurisdiction of the American State Department and not the Department of Homeland Security.
Although the K1 visa remains the fastest family based visa category, it does not confer lawful permanent residence upon entry like the IR1 or CR1 visa. This can also be said for the K3 visa as it is classified as a non-immigrant dual intent visa and therefore requires the alien to adjust status after entering the USA.
For previous figures please see: US visa processing times.
16th December 2009
K1 Visas, I-601 Waivers, and Adjustment of Status
Posted by : admin
The K1 visa was designed to provide a means and method for foreign fiancees to travel to the United States of America in order to be reunited with their US Citizen loved one. It is commonly referred to as a Fiancee visa because that is this visa’s intended use. The major upside of the K1 visa is the fact that it has the fastest processing time when compared to marriage visas such as the K3 visa and CR1 visa. However, the K1 visa does require that the applicant adjust status to lawful permanent residence after entry in the United States. Generally, this process takes approximately 6 months from application submission until final adjustment decision.
An I-601 waiver is necessary for those who have been found inadmissible to the United States based upon one of the legal grounds of inadmissibility found under the provisions of the United States Immigration and Nationality Act. In Thailand, the two most common grounds of inadmissibility are the result of factual findings that the applicant engaged in prostitution within 10 years prior to the application’s submission or a finding that the applicant overstayed in the United States while present on a prior US visa.
Many pose the question: if My Thai fiancee is approved for one of the aforementioned waivers, will she need to ever deal with the issue again? The short answer: no. Once an I-601 waiver application is approved it is binding upon later proceedings. Therefore, if the Office of the United States Citizenship and Immigration Service (USCIS) in Bangkok approves a waiver application, then that holding based upon those facts will be respected by a local USCIS office adjudicating all later matters that have to do with the alien’s presence in the United States.
An example of how this can play out: a Thai fiancee is denied for a K1 visa based upon a legal grounds of inadmissibility, the case is forwarded to USCIS Bangkok pursuant to an application for an I-601 waiver, the I-601 waiver application is approved, the case is forwarded back to the Consulate at the US Embassy, the US Consulate issues the visa, the applicant travels to the USA, is lawfully admitted, marries the American Citizen fiance, and applies for adjustment of status. In this scenario, the prior waiver would be recognized during the adjustment proceedings and therefore the issue would likely not be re-visited. The major upside to a waiver being approved overseas is the fact that it provides certainty as to how the process will move forward and may also be beneficial because waiver issues will be put to rest outside of the jurisdiction in which the American Citizen resides.
28th November 2009
New Ombudsman Appointed for USCIS
Posted by : admin
The Department of Homeland Security is a vast bureaucracy with many different components. The Ombudsman’s office can be very helpful for those who have had a file go missing or otherwise need assistance in dealing with the United States Citizenship and Immigration Service (USCIS). Recently, Secretary Napolitano of Homeland Security appointed a new Ombudsman. The American Immigration Lawyers Association (AILA), noted the appointment in a recent press release:
“In a message to employees yesterday afternoon, Secretary Napolitano announced the appointment of January Contreras as Citizenship and Immigration Services (CIS) Ombudsman for the Department of Homeland Security.”
Secretary Napolitano was quoted as saying that the new Ombudsman has “valuable experience,” which will assist in her future endeavors. To further quote the above press release:
“Ms. Contreras previously served as a Senior Advisor to Secretary Napolitano, where she helped lead the Department’s response to the H1N1 flu and oversaw Department initiatives for the White House Council on Women and Girls. She formerly led the Arizona Department of Health Services, managing nearly 2,000 employees and overseeing the state’s public health and behavioral health systems. In addition, she has 10 years of experience in litigation and policy including health and its interaction with immigration policy and legislation.”
The aforementioned press release also noted the exact nature of the USCIS Ombudsman’s role:
“The CIS Ombudsman provides independent analysis of problems encountered by individuals and employers interacting with U.S. Citizenship and Immigration Services, and proposes changes to mitigate those problems.”
Contacting the USCIS Ombudsman’s office can be very beneficial for those with a pending K1 visa or K3 visa application. However, the office should not be contacted simply to request information regarding the status of a pending case as the USCIS website is probably the more appropriate place to seek this information.
This author hopes that the appointment of this new Ombudsman will further protect the interests of those processing their application with USCIS. With that in mind, in recent months the USCIS Service Centers seem to be processing applications with a great deal of efficiency and there does not appear to be any reason to believe that this will not continue in the future. It should be noted that the Ombdsman does not oversee the administration of the US Embassy Thailand. The Department of Homeland Security and the Department of State (the agency with jurisdiction over US Embassies and Consulates, like the US Consulate in Chiang Mai) are two separate agencies and their staff do not generally have overlapping jurisdiction. For issues concerning the Embassy it is usually best to contact the Embassy directly.
13th November 2009
USCIS to Accept Old G-28 Form “Until Further Notice”
Posted by : admin
In a previous post the issue of the G-28 Notice of Attorney Appearance was discussed. The United States Citizenship and Immigration Service had changed the form in order to update its contents to more accurately convey information regarding the exact nature of an attorney’s representation of a client before the various agencies under the jurisdiction of the Department of Homeland Security. Recently, this author has learned through the American Immigration Lawyers Association that USCIS will continue to accept the old form and will not reject an application simply for utilizing the previous form. To quote USCIS through AILA:
“U.S. Citizenship and Immigration Services (USCIS) announced today that the previous version of the Notice of Entry of Appearance as Attorney or Representative (Form G-28) will be accepted until further notice… On Oct. 1, 2009, USCIS announced the publication of a new Form G-28 and provided a 30-day grace period, until Oct. 30, for accepting previous versions at the USCIS Lockbox facilities or USCIS Service Centers. USCIS encourages attorneys and accredited representatives to use the new Form G-28, however, USCIS will not reject filings of the previous Form G-28 version until further notice. This will allow law students who represent immigrants to use the previous form until changes can be made to the form to accommodate their unique situation.”
As stated previously, the submission of a G-28 puts the United States government (in the form of the Department of Homeland Security, Immigration and Customs Enforcement, Cutoms and Border Protection, and the United States Citizenship and Immigration Service) on notice that an attorney has officially entered their appearance in the case.
Also a G-28 is an effective way of determining if one is dealing with an actual attorney or simply working with a “visa company,” “visa agency,” or phony unlicensed “lawyer.” Unless the government is willing to correspond directly with one’s attorney it may be wise to seek representation elsewhere because this is an integral component of the Immigration attorney-client relationship.
Each and every US Embassy or US Consulate is under the jurisdiction of the US Department of State and not the Department of Homland Security. Therefore, a G-28 has no bearing on these organs of government, but the US Embassy will correspond with an attorney in matters pertaining to a visa application if the attorney is licensed to practice in the USA. That being said, generally the Embassies and Consulates will not deal with unlicensed so-called “lawyers,” and as a result, such an individual can be of little assistance in processing US visa applications.
5th November 2009
K1 Visa Thailand: Marriage to the K1 Visa Petitioner
Posted by : admin
An interesting hypothetical question that is sometimes posed when researching the K1 visa is: who can my Thai fiancee marry once she arrives in the United States of America?
After issuance of a fiance visa, a beneficiary has six months to use the visa for travel to the US. The K1 visa is a single entry visa. Therefore, the beneficiary will only be allowed to enter the United States one time (if multiple entries are necessary, then the beneficiary must obtain an advance parole travel document). After entry, the beneficiary must marry the petitioner and apply for adjustment of status to conditional lawful permanent residence in the USA, but what happens if the beneficiary and petitioner decide not to get married? This occasionally occurs and in this situation the foreign fiancee must leave the USA within 90 days from their date of arrival.
In rare cases, a foreign fiancee will meet another individual and a romantic relationship arises. In this situation, there is not a way for a for fiancee to adjust status to permanent residence based upon marriage to another US Citizen or lawful permanent resident), if that US Citizen (or lawful permanent resident) is not the person specifically named on the K1 visa. In order to adjust status in this situation, the foreign beneficiary would need to leave the USA, obtain a new visa, and reenter.
The K1 visa was designed to provide the foreign fiancee of a US Citizen with a travel document to be utilized for the sole purpose of specifically marrying the US Citizen petitioner. Therefore, an adjustment of status cannot be executed based upon a marriage to anyone else. There is a misconception that a K1 visa beneficiary can marry anyone in the USA and use that marriage as a basis for adjustment. This author believes that this misconception is based upon the fact that sometimes US Citizens will marry and adjust status with a foreign national present in the US on a tourist visa. Although this practice is very frowned upon by the Department of Homeland Security, it is possible to adjust status this way provided the foreign national did not enter the country with that undisclosed intention. That being said, in the case of the K1, the beneficiary may only adjust status based upon a marriage to the K1 petitioner.
On a related note, after adjustment of status, the foreign spouse will be considered a conditional lawful permanent resident (CR1) of the USA. The conditionality is based upon the continuation of the underlying marital relationship. Should the parties divorce while the beneficiary is in CR1 status, then the foreign spouse’s permanent residence will expire at the 2 year anniversary of the adjustment of status. However, a foreign spouse could remarry during this time period and apply for an adjustment of status based upon a marriage to another US Citizen. In this scenario, it would be highly likely that the officers at the United States Citizenship and Immigration Service (USCIS) would carefully scrutinize the bona fides of both relationships in order to be certain that the relationship is genuine.
No one should attempt to utilize a visa based upon false pretenses, the above scenarios are meant to provide insight into how the Immigration rules apply in practice. Applying for a visa based upon false statements of fact could be construed as an attempt to defraud the US Immigration service.
27th October 2009
USCIS issues Advance Parole Recommendation
Posted by : admin
Recently the United States Citizenship and Immigration Service (USCIS) issued an update reminding foreign nationals in the United States about advance filing for advance parole travel documents. The American Immigration Lawyers Association website summed up this update:
“USCIS reminds individuals that they must obtain Advance Parole (permission to reenter the U.S. after traveling abroad) from USCIS before traveling abroad if they have: been granted TPS; pending application for adjustment of status to lawful permanent resident; a pending application for relief under NACARA 203; a pending asylum application; or a pending application for legalization.”
Advance parole is a particularly relevant issue with regard to those who enter the United States on a K1 fiance visa. K1 entrants have 90 days to marry and file for an adjustment of status. In many cases, applicants file for an advance parole travel document at the same time that they file for the adjustment. That being said, other applicants opt not to take this course of action. In the event of an emergency it may be possible to obtain an expedited advance parole, but these are only granted at the discretion of the adjudicating officer at the local office of USCIS that has jurisdiction over the Petitioner’s (and Beneficiary’s) place of residence.
Even where it may not be immediately necessary, there may be some benefit in applying for an advance parole travel document at the time of adjustment because one never knows what might happen and a sudden family emergency in the Beneficiary’s home country could have the doubly negative effect of causing the Beneficiary to fall out of lawful status, if she leaves the US, with the result that the entire visa process must begin anew.
Even though the K3 visa is a non-immigrant dual intent visa similar to the K1 visa, it does not require advance parole for the beneficiary because it is a multiple entry 2 year visa. Therefore, the K3 visa holder does not fall out of status if they depart the US while their adjustment of status petition is pending. The CR1 and IR1 visas are immigrant visas, therefore, the adjustment process has essentially been completed when the Beneficiary enters the USA. With that in mind, if the CR1 or IR1 visa holder intends to be outside of the United States for longer than 6 months it may be advisable to obtain a US reentry permit as this would forestall a presumption that the permanent resident has abandoned his or her US residence.
The hiring of a lawyer is an important decision that should not be based solely on advertisement. Before you decide, ask us to send you free written information about our qualifications and experience. The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Thailand Call: 02-266 3698
USA Call: 1-(316)-974-0454