Integrity Legal

Thailand is considered one of the most beautiful tourist destinations in the world. In recent years, Thailand has boasted some of the highest tourist numbers in Asia, but as the world economic downturn continues, fewer Americans are traveling to Thailand as tourists. However, that state of affairs is poised to change as Thailand is being heralded as a great destination for budget-conscious travelers. In many ways, the buying power of the US dollar has only been slightly diminished in the Kingdom of Thailand and the dollar still represents disproportionate buying power for Americans in Thailand.

In order to remain in Thailand, an American must either obtain a Thai visa exemption stamp or a Thai visa. One of the many questions that many Americans pose regarding Thai visas is: how do I get a long term Thai visa? Many are under the mistaken impression that obtainment of a long stay Thai visa can be more easily accomplished from Southeast Asia. This is often not the case. For many, obtaining a 1 year Thai visa can be more easily facilitated if the applicant is in the United States at the time of application. That being said, proper document preparation is essential and many American applicants opt to retain the services of Thai immigration specialists in order to streamline the process.

The proper visa category is also an issue for many Americans. The plethora of Thai visa categories can be mind boggling, but fortunately there are a few major categories that cover the activities of most applicants. The first major category is the Thai business visa. Thai business visas are perfect for those conducting business in Thailand. These travel documents are also a benefit to those who are seeking employment in the Kingdom of Thailand. In many ways, a Thai business visa is extremely helpful when it comes to applying for a Thai work permit.

A Thai O visa is a sort of “catch all” category that is most commonly used by Americans with family members in Thailand. However, under the moniker of the “O” category there is the sub-category for retirees. A Thai retirement visa can be extremely beneficial for those who simply wish to remain in the Kingdom of Thailand in order to enjoy their so-called “golden years.”

An increasingly popular visa category is that of the Thai ED visa. This visa is often utilized by those in Thailand who wish to remain in the Kingdom in order to pursue a course of study. In many ways, ED visas are very beneficial to those from other countries. That being said, these types of visas often do not confer work authorization and therefore many opt not to obtain an ED visa as it is usually difficult to obtain a Thai work permit.

For more on this issue please see: Thailand visa.

Tags: B visa, ED Visa, O visa, Thai Business Visa, Thai Visa, Thai visa US, Thai Work Permit, Thailand Business Visa, Thailand Retirement Visa, Thailand Visa
Posted in Thai Family Law, Thailand Business, Thailand Visa | No Comments »

A recently proposed rule would increase the fees charged by the US Department of State for services performed at Embassies and Consulates abroad. To quote the AILA website:

“This rule proposes adjustments in current fees for consular services. The Department of State is adjusting the fees in light of an independent cost of service study’s (“CoSS”) findings that the U.S. Government is not fully covering its costs for providing these services under the current fee structure. The primary objective of the adjustments to the Schedule of Fees is to ensure that fees for consular services reflect costs to the United States of providing the services.”

Although not exhaustive, the following quotes list the proposed fee increases for services that will likely have the biggest impact upon US Citizens resident abroad:

“Passport Book Application Services

The Department is increasing the application fee for a passport book for an adult (age 17 and older) from $55 to $70. The application fee for a passport book for a minor (age 16 and younger) will remain at $40. The CoSS estimated that the cost of processing first-time passport applications for both adults and minors is $105.80 based on a projected FY10 workload of 11.9 million. This cost includes border security costs covered by the passport book security surcharge, discussed immediately below. Because a minor passport book has a validity of just five years, in contrast with the ten-year validity period of an adult passport book, the Department has decided to leave the minor passport book application fee at $40, and allocate the remainder of the cost of processing minor passport book applications to the adult passport application fee.”

The proposed rule goes further as there will be further fee increases for new passport seekers:

“Passport Book Security Surcharge

The Department is increasing the passport book security surcharge from $20 to $40 in order to cover the costs of increased border security which includes, but is not limited to, enhanced biometric features in the document itself. The passport book security surcharge is the same for adult passport books and for minor passport books.”

The addition of visa pages to an American’s passport has always been a courtesy provided free of charge. However, the proposed rule would change this:

“Additional Passport Visa Pages

In the past, the Department provided extra pages in a customer’s passport, to which foreign countries’ visas may then be affixed, at no charge. The CoSS found that the cost of the pages themselves, of having the pages placed in the book in a secure manner by trained personnel, and of completing the required security checks results in a cost to the U.S. Government of $82.48 based on a projected FY10 workload of 218,000. Therefore, the Department will charge $82 for this service.”

For those American Citizens who have a child overseas a Consular Report of Birth Abroad (CRBA) is necessary in order to ultimately obtain a US passport for the child. That being said, the fee for a CRBA would be increased under the newly proposed rule:

“Application for Consular Report of Birth Abroad of a Citizen of the United States

The CoSS found that the cost of accepting and processing an application for a Consular Report of Birth Abroad of a Citizen of the United States is $197.28 based on an FY10 workload projection of 80,000 applications. The Department has decided to raise the fee from $65 to $100, still significantly less than cost, based on its view that too high a fee might deter U.S. citizen parents from properly documenting the citizenship of their children at birth, a development the Department feels would be detrimental to national interests.”

The Immigrant visa fees associated with the processing of Immigrant family based visa applications (such as IR-1 visas and CR-1 visas) are to be decreased pursuant to the proposed rule:

“Immigrant Visa Application Processing Fee

The Department is changing the fee for processing an immigrant visa from $355 for all immigrant visas, to a four-tiered fee based on CoSS estimates for each discrete category of immigrant visa, as applications for certain applications cost more to process than others. Accordingly, the application fee for a family-based (immediate relative and preference) visa (processed on the basis of an I-130, I-600 or I-800 petition) will be $330.”

This being said, employment based application fees are to rise dramatically. Immigrant visa fees should not be confused with non-immigrant dual intent visa fees (such as those payable for the obtainment of a K1 visa or a K3 Visa) which are expected to rise in the future. Finally, an often overlooked service of the American Citizen Services section of a US Embassy or a US Consulate involves document notarization and legalization:

“Providing Documentary Services

The CoSS found the cost to the U.S. Government of providing documentary services overseas is $76.36 per service based on a projected FY 2010 workload of 380,000 services. These are primarily notarial services, certification of true copies, provision of documents, and authentications. However, the Department is raising these fees only from $30 to $50, lower than cost, in order to minimize the impact on the public.”

The above changes in the fee structure for Consular services will hopefully result in increased funds which will provide Americans with better services when they need important documentation.

Tags: American Citizen Services, consular report of birth abroad, CR-1 Visa, dual intent, IR-1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K3 Visa, notary service at US Embassy, passport, US Consulate, US Embassy, US Visa
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Upcoming Legislation, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand | 1 Comment »

The Treaty of Amity between the United States of America and the Kingdom of Thailand (US-Thai Treaty of Amity) allows American Citizens to own virtually one hundred percent of a Thai company. This can prove highly beneficial to American expatriates in Thailand who wish to conduct business. That being said, there are restrictions to the types of activity that an Amity Treaty Company can undertake. Most notable amongst the restricted activities are: land ownership, internal communications, internal transportation, fiduciary functions, and the liberal professions.

Under Thai law, there is a de facto prohibition placed upon foreigners when it comes to land ownership. This means that foreign nationals are not permitted to take freehold title to Thai property without first obtaining permission from the Thai Minister of the Interior. This prohibition is not all-encompassing as foreign nationals are permitted to take freehold title to Thai condominiums. However, the condominium complex must comport to the relevant provisions of the Thai Condominium Act. Most notable among the requirements in the Thai Condominium Act is the provision that a Thai condo complex must be primarily owned by Thai nationals, meaning that 51% of the Condo units must be owned by Thais while 49% percent of the units may be owned by foreigners.

In many cases, a condominium complex is owned by a company in Thailand. Some opt to own a condo in this way in order to make selling the condominium easier, while others initially purchase the condo indirectly through a corporate entity. In either case, the practice is technically legal. Although, use of so-called “nominee shareholders,” is illegal in Thailand and Thai authorities are increasingly on the lookout for corporate structures utilizing nominees. That being said, the definition of “nominee” is somewhat vague.

This leads us back to the issue of Amity Treaty Companies. Amity Companies are specifically precluded from ownership of Thai real estate pursuant to the provisions of the Treaty of Amity, while the Thai Condominium Act allows foreigners to own a Condominium outright. This begs the question: can an Amity Treaty Company own a Thai Condo in the same manner as a foreign natural person could? This author has not adequately settled this question in his own mind and welcomes any comments regarding this issue. The provisions of the Treaty of Amity preclude land ownership and although many believe that Condo ownership is simply ownership of a unit, the Chanote does pass title to an interest in the underlying land, so there would seem to be a compelling argument that a condo owner is something of a landowner and, if so, this practice would likely be precluded under the provisions of the Amity Treaty.

Tags: Amity Treaty, Amity Treaty Company, nominee, nominee shareholder, nominees, Thai Company, Thai Condo, Thai Condominium, Thai Real Estate, Thailand Condo, Thailand Condominium, Thailand Real Estate, Thailand Treaty of Amity, US-Thai Treaty of Amity
Posted in Amity Treaty, Thailand Business, Thailand company, Thailand Condo, Thailand Property, Thailand Real Estate | No Comments »

For those who have gone through the United States Immigration process or those who are thinking of doing so, the acronym USCIS will become familiar if it is not already. USCIS stands for the United States Citizenship and Immigration Service. This organization adjudicates many Immigrant visa petitions before they are sent to the the Department of State. In many ways USCIS carries out their duties in an effective and efficient manner. However, there are some situations in which some individuals feel that USCIS oversteps their authority.

In a recent blog posting, the past president of the American Immigration Lawyers Association wrote about the issues surrounding USCIS and dereliction of what some perceive as the proper interpretation of Federal law:

“[T]wice in the last two months the USCIS has issued “memos” that so dramatically change the framework under which these key programs operate, that it has clearly violated the APA [Administrative Procedure Act].”

The posting went into further detail below:

“USCIS has taken ignoring Federal Law to a new level with its recent actions. Of course we all know that the USCIS has been illegally changing the rules as they apply to individual cases for the last several years by engaging in “rulemaking by RFE;” making ridiculous requests for evidence, not based on any legal requirement, but rather, based upon someone’s bizarre notion of what they think the law should be, not what it really is. Now, however, with the two newest “Neufeld Memos” the USCIS has simply gone too far…The Neufeld memo on the EB-5 program, essentially makes that job creation program unworkable, and the Neufeld Memo on the H-1B program, literally changes decades of established policy on the most important visa allowing U.S. companies to hire foreign nationals.”

With regard to the employment visa issues noted above, the details of the memos in question have yet to be resolved. However, based upon anecdotal evidence from some practitioners, there does appear to be something of a rise in the number of Requests for Evidence (RFE) being promulgated by USCIS. This author can neither confirm nor deny that RFEs are on the rise, but it leads to the issue of RFE avoidance. Particularly in family visa cases, such as petitions for a K1 visa or a K3 Visa, a couple must be separated during the US visa process. Therefore, if an RFE is avoided it could mean that the couple will be reunited more quickly. As a result, proper petition preparation is necessary in order to have a better chance of forestalling an RFE.

Tags: AILA, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, Request For Evidence, RFE, US Visa, US Visa Process, US Visa Thailand, USCIS Request for Evidence, USCIS RFE, Visa Process
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

As many are aware, the tragedy in Haiti left many Haitians without a home. The United States Citizenship and Immigration Service (USCIS) has acted with alacrity in authorizing Temporary Protected Status (TPS) to those Haitians who were in the USA at the time of the earthquake.  In this situation TPS was granted based upon humanitarian reasons as US policymakers felt that it would be inhumane to send Haitians back to a devastated nation.

Like many facets of American Immigration, the recent announcement regarding TPS for Haitians has resulted in “fly by night” operations preying upon the public by claiming that they can assist. Fortunately, USCIS made the following announcement:

“Please be aware that some unauthorized practitioners may try to take advantage of you by claiming they can file TPS forms. These same individuals may ask that you pay them to file such forms. We want to ensure that all potential TPS applicants know how to secure legitimate, accurate legal advice and assistance. A list of accredited representatives and free or low-cost legal providers is available on the USCIS website under Resources/Finding Legal Advice. Please see our Fact Sheet, “USCIS Warns of Immigration Scams Targeting Haitian Applicants for Temporary Protected Status” for helpful tips and further information on how to protect yourself from becoming a victim of fraud. We hope you will use this resource.”

“You do not need to have an attorney or a representative to apply for temporary protected status. If you choose to have a representative when filing an application or petition with USCIS, you may be represented by an attorney or an accredited representative of a recognized organization. Your representative must file a “Notice of Entry of Appearance as Attorney or Representative” form (Form G-28) with your TPS application. Please visit the “Finding Legal Advice” page on the USCIS website for more important information on this topic.”

Those seeking assistance in US Immigration matters should keep in mind that only a licensed attorney or an indvidual certified by the Board of Immigration Appeals is entitled to represent clients before USCIS, the Customs and Border Protection Service, and the Immigration and Customs Enforcement Service. In Thailand, many so-called “law firms” claim that they can assist in Immigration matters such as K1 visa and K3 visa obtainment when in fact they are legally precluded from doing so under US law unless they have US licensed attorney on staff. Anyone claiming to be a US attorney should be asked if they can produce a license to practice law in the USA or a membership card to an American Bar Association.

Tags: K-1 Visa, K-3 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, TPS, US Visa Thailand, USCIS
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The method of making an appointment at the US Embassy in Bangkok depends upon the reason for the appointment. For example, the appointment process for obtaining a Consular Report of Birth Abroad is different than the process for obtaining an appointment for a non-immigrant visa interview.

Many expatriates in Thailand seek such services as: Consular Reports of Birth Abroad (a document akin to a birth certificate) , notarization, visa page replacement, and new passport issuance. Virtually all of the issues surrounding these services can be dealt with at the American Citizen Services Section of the United States Embassy in Bangkok.  For those interested in making an appointment with the American Citizen Services Section of the US Embassy in Bangkok, it may be wise to click on this link.

For those who need a non-immigrant visa to the United States a visa interview appointment will likely be required. For those unfamiliar with the US visa process, a non-immigrant visa is granted to an individual who does not have the intention of remaining in the USA. Popular non-immigrant visa categories are the J1 visa, the F1 visa, the B1 visa, and the B2 visa (also known as a Tourist visa). The aforementioned visa categories are not the only non-immigrant visas, but they are currently the most popular among those interviewing at the US Embassy in Bangkok. For those interested in more information about non-immigrant visas please click here.

Another common reason for needing an appointment at the US Embassy in Bangkok is the need to finish the American Immigration process. For those who wish to immigrate to the United States, in order for a US visa to be issued, the applicant must undergo a visa interview. In Thailand, the popular immigrant visas are category CR-1 and IR-1 for Thai spouses. Although not immigrant visas in the strict sense of the word, the K1 visa and the K3 visa are treated as immigrant visas because they are dual intent travel documents. A dual intent visa (travel document) is designed for a foreign national to enter the United States in non-immigrant status with the option of adjusting status to that of an Immigrant at a later date. For many, the Immigrant visa process is time consuming and the final phase of the process can cause anxiety in many applicants. However, for the applicant who tells the truth and is forthright in their application, there is usually no reason to be anxious as the visa interview is nothing more than an exercise of due diligence on the part of the Consular officers. For more on immigrant visas please click here.

Tags: B1 Visa Thailand, B2 Visa Thailand, F1 Visa Thailand, J1 Visa Thailand, K-1 Visa, K-1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Tourist Visa Thailand, US Visa Thailand, US Visa Thailand Appointment
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, IR1 Visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand | No Comments »

In previous postings on this blog the holiday closing schedule for US Embassies and Consulates have been posted in order to promulgate information about the dates that posts will be open for the regular transaction of business. This is done in an effort to forestall futile trips to the Embassy by those who are unaware of the times it will be closed. In general, a US Embassy or US Consulate overseas will be closed in recognition of both National Holidays in the United States of America as well as those national holidays recognized by the host country. Below is a schedule of holiday closures for the United States Embassy in New Delhi, India:

Date	Day	Holiday	Type
January 1	Friday	New Year’s Day	American
January 5	Tuesday	Guru Gobind Singh’s Birthday	Indian
January 18	Monday	Martin Luther King’s Birthday	American
January 26	Tuesday	Republic Day	Indian
February 12	Friday	Mahashivratri	Indian
February 15	Monday	Washington’s Birthday	American
March 1	Monday	Holi	Indian
April 2	Friday	Good Friday	Indian
May 31	Monday	Memorial Day	American
July 5*	Monday	Independence Day	American
August 24	Tuesday	Raksha Bandhan	Indian
September 2	Thursday	Janmashtami	Indian
September 6	Monday	Labor Day	American
October 11	Monday	Columbus Day	American
November 5	Friday	Diwali	Indian
November 11	Thursday	Veterans’ Day	American
November 17	Wednesday	Idu’l Zuha (Bakrid)	Indian
November 25	Thursday	Thanksgiving Day	American
December 17	Friday	Muharram	Indian
December 24**	Friday	Christmas Day	American

* in lieu of July 4, Sunday
** in lieu of December 25, Saturday

The above information is quoted from the website of the US Embassy in New Dehli. It should be noted that an Embassy can close for reasons other than recognition of official holidays so it would be wise to check the Embassy’s website directly before traveling to the Embassy as local conditions could require the Post to be closed with little notice. For those interested in checking the official website of the US Embassy in India, please click: here.

Many people travel to a US Embassy in another country in order to obtain documentation that cannot be obtained from another location. For example, those who need a new passport, a Consular Report of Birth Abroad, or an American Notary overseas go to the American Citizen Services Section of a US Embassy abroad in order to obtain this type of documentation. Prospective immigrants travel to an Embassy in order to interview for US Visas such as the K1 visa, the K3 visa, or an Immigrant visa. No matter what one’s reasons are for traveling to the Embassy, foreknowledge of their hours of operation could avert frustration.

Tags: American Citizen Services, consular report of birth abroad, Holiday Closing Us Embassy New Dehli India, Immigrant Visa, K-1 Visa, K-3 Visa, K1 Visa, K3 Visa, US Embassy India, US Embassy New Dehli
Posted in CR1 Visa, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, US Embassy India, US Embassy New Dehli, US Tourist Visa, US Visa and Immigration | No Comments »

As explained in previous posts on this blog, the United States Embassies and Consulates overseas generally close for both national US holidays as well as those holidays recognized by the host country. The US Embassy in Indonesia closes in recognition of many Indonesian holidays as well as American holidays. Below is the scheduled closings for the US Embassy in Jakarta, Indonesia. The following holiday schedule is posted on the American Embassy in Jakarta’s website:

Oftentimes it is difficult to go to a US Embassy abroad for those who are living, working, or traveling through a foreign country. Expatriates and prospective immigrants who have lives to lead in the host country often find that going to the US Embassy requires a whole day to get an important issue resolved. Therefore, we have provided the above information on this blog in an effort to forestall a fruitless trip to an Embassy due to lack of foreknowledge on the part of American expats regarding the Post’s operating hours.

That being said, a Diplomatic or Consular Post is not required to be open at all times and there are times when Embassies and Consulates close without warning. For this reason, it may be prudent to go directly to the United States Embassy website in order to check if the post will be open at a certain time. To proceed to the US Embassy in Jakarta’s official website please click here.

For those American Citizens or Lawful Permanent Residents  overseas who wish to obtain a new passport, a Consular Report of Birth Abroad, a notarized document, or other services at the Embassy it may be possible to make an appointment with American Citizen Services (ACS). This provides convenience to the individual as well as the post as the Consular personnel can anticipate the needs of the Citizen and plan accordingly.

Tags: American Citizen Services, American Embassy Indonesia, American Embassy Jakarta, American Visa Indonesia, Holiday Closings US Embassy Indonesia, Holiday Schedule, US Embassy Indonesia, US Embassy Jakarta, US Visa Indonesia
Posted in CR1 Visa, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, US Embassy Indonesia, US Embassy Jakarta, US Tourist Visa, US Visa and Immigration | No Comments »

Recently, the United States Tenth Circuit Court held that, under certain circumstances, those holding K-2 visas who wish to adjust status do not “age out.” The tenth circuit’s opinion is found in Colmenares Carpio v. Holder, No. 08-9536 (10th Cir. Jan 12, 2010). To quote directly from the immigration slip opinion blog regarding the underlying facts of the case:

The petitioner entered the United States in K-2 status 6 months before turning 21. His mother married the US citizen within the required 90 days, and the petitioner and his mother applied for adjustment of status before he turned 21. USCIS took two and a half years to decide his application for adjustment of status. USCIS denied the application based on Petitioner’s age on the date of adjudication of the application. An Immigration Judge found that Petitioner was not eligible to adjust status because he was over the age of 21, and the BIA affirmed with a one paragraph unpublished decision.

To further quote the aforementioned blog, within the language of the opinion, the Tenth Circuit Court commenced with an analysis “of [the] statutory construction and found that there is no age limitation on adjustment of status of K-2 visa holders.” That being said, the court’s analysis in this case, “declined to address other scenarios such as when the marriage or the filing of the application occur after turning 21.”

This decision deals with a somewhat narrow set of facts as the K1 visa holder managed to arrive in the US, marry within 90 days, apply for adjustment of status and obtain approval prior to the K2 visa holder’s 21st birthday. The K2 visa holder applied for adjustment of status prior to his 21st birthday, but the case was not adjudicated until afterward.  This court in the above cited opinion has held that based upon these facts, the K2 visa holder did not “age out” and could therefore still adjust status.

For those who are unaware of how the K1 visa process works: the K-1 visa holder enters the United States and has 90 days to get married and apply for adjustment of status. The K1 (or K2) holder is allowed to remain in the USA pending a decision on the adjustment application (in fact is departure is necessary an advance parole travel document should be obtained prior to departure in order to preserve status).

A K2 visa is derivative of a K1 and is intended for the children of K1 visa holders. The statute is somewhat ambiguous regarding K2 visa holder’s rights when it comes to adjustment of status, but the opinion above has clarified some of the issues surrounding K2 visas, but further clarification is needed as in a different factual scenario it is possible that a K-2 visa holder could be barred from adjusting their status.

Tags: Adjustment of Status, Aging Out K-2 Visa, Aging Out K2 Visa, K-1 Visa, K-1 Visa Thailand, K-2 Visa, K-2 Visa Age Out, K-2 Visa Aging Out, K-2 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Age Out, K2 Visa Aging Out, k2 visa thailand, US Visa, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, Upcoming Legislation, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In cases where a US visa application is denied it may be possible to remedy the visa denial by applying for a waiver if the denial was based upon a legal grounds of inadmissibility. This type of waiver is called an I-601 waiver. At one time, if a United States visa applicant was infected with the Human Immunodeficiency Virus (HIV), then they would be denied a visa visa based upon this factor alone, if no other issues existed that called for a denial. However, recently the United States Immigration authorities have changed this rule. To quote a document promulgated by the American Immigration Lawyers Association (AILA):

“[I]nfection with the Human Immunodeficiency Virus (HIV) is no longer a ground of inadmissibility. If you have the HIV infection, you are no longer inadmissible to the United States, and are no longer required to file Form I-601 because of your HIV infection. As part of the revisions to Form I-601, any reference to HIV infection in the form and the instructions were removed.”

This is not the only rule change that has been recently promulgated as the filing instructions themselves have recently changed in order to more accurately reflect the proper filing locations as well as other regulatory modifications.

“In addition, USCIS… announced that there are revised filing instructions and addresses for applicants filing Form I-601, Application for Waiver of Ground of Inadmissibility. The change of filing location is part of an overall effort to transition the intake of benefit forms from USCIS local offices and Service Centers to USCIS Lockbox facilities. By centralizing form and fee intake to a Lockbox environment, USCIS can provide customers with more efficient and effective initial processing of applications and fees.”

The “lockbox” method is currently employed when processing immigrant visa applications such as the IR-1 visa and the CR-1 visa. This allows USCIS to streamline the application process as all applications are submitted to one location. K1 visa applications as well as K3 marriage visa applications are submitted directly to the USCIS Service Center with appropriate jurisdiction.

In situations where an I-601 waiver application is submitted overseas, the application is usually submitted at the US Embassy or US Consulate where the visa is denied. This allows the Consular Officer to make a recommendation regarding the waiver application. Those interested in US visa waivers should note that only licensed United States attorneys or accredited representatives are allowed to represent clients before both the United States Embassy and the United States Citizenship and Immigration Service (USCIS). That being said, only an attorney is entitled to charge fees for such services as accredited representatives are usually not-for-profit agencies who only charge a nominal fee (if anything) when assisting immigrants. Those who are not licensed to represent clients is US Immigration matters cannot charge a fee to represent clients in Immigration proceedings pursuant to US law.  For more information please click here.

For more information about American visas and the remedies available upon application denial please see: US Visa Denial.

Tags: 601 Waiver, HIV Waiver, I-601 Waiver, I601 Waiver, Inadmissibility, K1 Visa Thailand, K3 Visa Thailand, US Visa Attorney, us visa attorney bangkok, us visa attorney thailand, us visa denial, us visa lawyer, us visa lawyer bangkok, us visa lawyer thailand, US Visa Thailand, US Visa Waiver
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K3 Visa, US Consulate Chiang Mai, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS, Visa Waiver | No Comments »