Integrity Legal

Under Section 214b of the Immigration and Nationality Act, a Consular officer can deny a non-immigrant visa (J1, F1, B1, B2) if they believe that the foreign applicant has not overcome the statutory presumption that they are actually an intending immigrant. In some cases, a consular officer may grant a tourist visa application, but the foreign national will be refused entry upon arrival in the United States of America.

How can a foreign national be granted a visa and still be denied entry to the United States? There is a common misconception that visa application approval creates a “right” to enter the United States of America. In fact, Customs and Border Patrol (CBP) Officers have the discretion to turn away alien nationals if they believe that there is a ground of excludability. If a CBP officer reasonably believes that an ostensible non-immigrant actually has immigrant intent, then they have the right to deny entry and it is further within the officer’s discretion to use expedited deportation to remove the prospective entrant.

The following paraphrases the INA:

According to section 212(a)(7)(A)(i) of the United States Immigration and Nationality Act (INA), any immigrant who, at the time of application for admission:

is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the Immigration and Nationality Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the INS regulations, or whose visa has been issued without compliance with the provisions of the Immigration and Nationality Act is excludable [from the United States].

A waiver is available under INA §212(k) where the Attorney General is satisfied that the exclusion was not known to, and could not have been ascertained by the exercise of reasonable diligence by, the immigrant before the time of departure of the vessel or aircraft from the last port outside the United States and outside foreign contiguous territory or, in the case of an immigrant coming from foreign contiguous territory, before the time of the immigrant’s application for admission.

The powers of CBP officers described above illustrate the reason for seeking a proper visa rather than attempting to circumvent the Immigration rules. For example, there are some Americans who have a Thai loved one and they wish to bring them to the USA for the purpose of marriage and adjustment of status to lawful permanent residence. Generally a K1 visa (also known as a fiancee visa) would be the proper travel document for this purpose. However, some opt to pursue a US Tourist visa because the K1 visa has a processing time of approximately 6-7 months whereas a tourist visa generally takes a few weeks to acquire if the application is approved. Even if the visa application is approved, denial at the port of entry poses the risk of expedited deportation as well as the underlying monetary loss due to the fruitless visa application as well as travel expenses to get to the port of entry and be turned away. Removal from the United States can later be used to bar admission particularly if an Immigration officer finds that the entrant was intentionally misrepresenting themselves. In a situation such as this, the only way to remedy the inadmissibility could be the use of an I601 waiver.

Entry denial does not automatically lead to expedited deportation, the CBP officer has the discretion to allow the prospective entrant to withdraw their request for entry and leave at their own expense, but improper usage of non-immigrant visas does include the inherent risk of removal and those seeking entry to United States of America should bear this in mind when researching US Immigration issues.

Tags: 212, 212a7, American Visa Thailand, I601, Immigration and Nationality Act, INA, intending immigrant, K1 Visa Thailand, US Immigration Thailand, US Tourist Visa, US Visa Thailand
Posted in Adjustment of Status, F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K1 Visa Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

For those entering the United States of America on a non-immigrant visa, there is generally a requirement that the entrant have non-immigrant intent. This means that the person entering the country must intend to simply remain on a temporary basis and not have the intention to reside in the United States permanently. United States Visas that require non-immigrant intent include the US Tourist Visa, the F1 Student Visa, and the J1 Exchange Visitor Visa. For each of these categories, the prospective entrant could be denied access to the United States either by visa denial or entry denial at the United States Embassy in Bangkok or the port of entry in the USA. Due to the risk of visa denial or entry denial, it is always recommended to apply for a visa that comports to the applicant’s true intentions.

Conversely, it may be unwise to apply for an immigrant visa if the parties true intentions do not actually involve residing in the United States. In this situation, the issue of intent is somewhat more fluid, but it is still advisable that the parties have a bona fide intention to reside in the USA.

With both of these issues in mind, there is something of a “middle path,” with regard to United States Immigration. This middle path is the doctrine of dual intent. This doctrine is a legal concept that deals with the fact that there are some cases where a US Visa must permit foreign nationals to be present temporarily in the United States of America in legal status and still have immigrant intent. The doctrine was promulgated due to practical necessity as there are situations in which aliens come to live and work in the USA on temporary visas, but they themselves wish to eventually obtain lawful permanent residence. United States Immigration authorities and experts have come to recognize that there are certain situations where this seemingly paradoxical situation must be accepted and, to a certain extent, encouraged.

An example of a commonly sought visa category in Thailand, is the K1 fiance visa. The K1 is a non-immigrant visa, but the alien entering the US on this visa is generally doing so in order to: reunite with their fiance(e), marry, and adjust status to permanent residence.  Therefore, the K1 visa is essentially a dual intent visa as it only allows for a 30 day temporary stay, but provides the opportunity to acquire US permanent residence.

To some extent, the K3 visa is a dual intent travel document as it is technically a non-immigrant visa, but once in the United States, the visa holder must eventually adjust status as the K3 does not confer lawful permanent residence. Usage of the K3 has declined in recent years as visa processing times have decreased for immigrant visas and increased slightly for K3 visas.

L1 visas as well as H1-B work visas are further examples of temporary visas which allow for dual intent. Although, these categories are employment based visas.

Tags: Dual Intent Doctrine, K1 Visa, K1 Visa Thailand, K3 Visa, us embassy bangkok, US Immigration Law, US Tourist Visa, US Visa Thailand
Posted in Adjustment of Status, F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, L1 Visa, Legal Opinion, us embassy bangkok, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 2 Comments »

In a recent announcement from the United States Citizenship and Immigration Service (USCIS), Deferred Action will be granted to those widows and widowers of United States Citizens who die before the two year anniversary of the foreign spouse’s arrival in the United States of America. To quote the AILA press release:

“U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano, on June 9, 2009, announced that DHS would grant deferred action relief to surviving spouses of U.S. citizens who died before the second anniversary of their marriage. Based on the Secretary’s decision, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend adjudication of visa petitions and adjustment applications filed for widow(er)s where the sole reason for an adverse decision from USCIS would be the death of a U.S. citizen spouse prior to the second anniversary of their marriage.”

The first question that probably comes to the mind of the reader is:  ok, so what does “deferred action” mean in practice? To further quote the USCIS press release:

“Deferred action is an exercise of prosecutorial discretion not to pursue removal from the United States of a particular foreigner for a specific period. Deferred action is not intended to be a permanent remedy for this situation; rather it is a temporary discretionary solution.”

In cases involving United States Immigrant visas, there are two types of immigrant visa categories for spouses of American Citizens. There is the Conditional Resident Visa (CR1) and the Immediate Relative Visa (IR1). The Conditional Resident Visa is meant for spouses of United States Citizens who have been married for less than two years. IR-1 visas are meant for those who have been married for more than 2 years. When a Permanent Resident is in CR-1 status, then they must apply for a lift of conditions before they change status to IR-1. If residence is conditional, then the immigrant must leave the USA  if the lift of conditionality is not filed and approved. In many cases, only the US Citizen spouse can file to have the conditions lifted. Therefore, if the US Citizen spouse dies before the lift of conditions is filed and approved then the Conditional Permanent Resident could fall out of status as soon as 2 years is up. Deferred action places the Resident in a kind of limbo in which they can lawfully remain in the USA, but are not moved in IR-1 status. The press release goes further and states:

“Aliens with deferred action may apply for an Employment Authorization Document (EAD) if they can establish an economic necessity for employment.”

Therefore, the alien in the US in this situation could work and reside without fear of being removed, but the situation would seem to be simply a temporary stopgap measure and it does not appear that this would be a viable long term legal option.

Bear in mind that this issue only deals with US spousal and fiancee visas after adjustment of status. Therefore, the above analysis is not relevant to the K1 visa or the K3 visa per se, although it would be relevant if the foreign fiancee or spouse adjusts to CR1 status.

Tags: American Visa, CR-1 Visa, CR1 Visa, Deferred Action, K1 Visa, K1 Visa Thailand, US Immigration, US Visa, USCIS
Posted in Adjustment of Status, Fiance Visa Thailand, General Legal Information, K-3 Visa Thailand, K1 Visa Thailand, Legal Opinion, Miscellaneous, Upcoming Legislation, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The K-1 visa is a very popular visa for Thai nationals who have a US Citizen loved one. The US Embassy in Bangkok processes a large number of fiance visa cases each year. Many of those who apply for a United States K-1 visa have questions about their status once they reach the USA. In most cases, the answers are cut and dried, but there are some questions that have more nuanced answers.

Many people who travel to the United States on a K1 visa seem to immediately ask the question: Can I work now that I’m here? The answer to that question would be a qualified “yes.” Under the relevant provisions of 8 CFR 274a.12(a)(6), a K-1 visa holder may be entitled to apply for what is known as work authorization. Work authorization is sometimes referred to as a “work permit.” Similar to a work permit in Thailand, the work authorization document in the United States must be obtained by petitioning the United States Citizenship and Immigration Service (USCIS).

The work permit’s technical name is: Employment Authorization Document (EAD). There are those who are under the mistaken impression that work authorization is a right. In fact, under current United States Immigration laws the K-1 visa holder is not entitled to work authorization as a matter of right, but is simply entitled to submit an application for said status.

A downside of obtaining an Employment Authorization Document while in K-1 status is the fact that the Employment Authorization only lasts as long as the applicant is in K1 status. So it is subject to expiration as soon as the K-1 visa holder’s status changes. This results in employment authorization that lasts for a negligible duration. In most cases, obtaining Work Authorization is often not a net benefit to the prospective applicant except in certain rare circumstances.

That being said, there are other methods of gaining work authorization. A possibly more beneficial option for the prospective work authorization applicant would be to submit an EAD petition in conjunction with an I-485 petition for adjustment of status to lawful permanent residence (green card). This method is advantageous because the fee for the Employment Authorization Document is included in the adjustment fee and the result is a net reduction in expenses. Also, the Employment Authorization Document will be valid for one year.

Further, A Thai spouse of a US Citizen present in the United States on a non-immigrant K-3 visa is eligible for work authorization. In the case of the J-1 visa and F-1 visa, the visa holder may be able to obtain a work permit depending upon the situation. Although, particularly in the case of the US Student Visa, work authorization will be severely restricted.

All of this being said, it should be noted that once the K-1 visa holder successfully adjusts status to permanent residence they will have a green card and be legally allowed to work in the United States of America.

(This post is meant for educational purposes only. No Attorney-Client relationship is formed by reading this content.)

Tags: American Visa Thailand, EAD, Employment Authorization, Employment Authorization Document, F-1 Visa Thailand, J-1 visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Visa Thailand, Work Authorization, Work Permit
Posted in Adjustment of Status, F1 Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Visa Thailand | No Comments »

For Thai-American couples seeking Lawful Permanent Residence (Green Card) in the United States for the spouse of an American Citizen the options are either the CR-1 or IR-1 visa. A CR-1 (Conditional Resident) visa provides conditional lawful permanent residence to the visa holder while the IR-1 (Immediate Relative) visa provides unconditional permanent residence upon entry into the United States.  An often asked question with regard to these visas: what is the difference?

When seeking a United States visa for a Thai spouse, the classic method of obtainment is through filing an I-130 visa application. After the I-130 is approved by either a USCIS Service Center in the United States or USCIS Field office abroad, it will be forwarded to a US Diplomatic post that adjudicates Immigrant visas. In Thailand, the US Embassy in Bangkok processes all US Immigrant visa petitions. Assuming that a visa is ultimately approved, the Thai spouse shall be entitled to travel to the USA in order to take up residence.

For those holding a visa conferring conditional permanent residence, it will be necessary to eventually file to have the conditionality of the visa lifted. In practical terms, this means that the Thai wife’s residence will no longer be based upon her marriage to an American citizen.  Instead, the permanent residence will become independent and unconditional. For those who enter the USA on a conditional resident visa and subsequently end their marriage during the conditional period, loss of permanent residence is highly likely.

Some people confuse the lift of conditions with adjustment of status. In cases involving a K-1 visa for a Thai fiance, adjustment of status is the process of obtaining conditional permanent residence for the fiancee (now wife) after marriage in the United States.  For those couples who adjust status in the US, after the adjustment interview, should the application be approved, the adjustment date will be that written on the adjustment of status approval letter from USCIS.

One must file for a lift of conditions within 90 days of the two year anniversary of the the Thai spouse taking up residence, in the case of adjustment the two year anniversary will be marked from the date of  adjustment approval. For the Thai who enters on a CR-1 visa, it will be the date the Thai spouse entered the USA.

In order to obtain a lift of conditions the I-751 application must be filed with an approved by USCIS. After approval, the Thai spouse may remain in the United States permanently.

For related information please see: Thailand permanent residence

(This post is for educational purposes only. It is not meant to be legal advice. No lawyer/client relationship is formed by reading this information.)

Tags: Adjustment of Status, AOS, CR-1 Visa Thailand, I-130, I-751, IR-1 Visa Thailand, K-1 Visa, K1 Visa Thailand, Lift of Conditions
Posted in Adjustment of Status, US Visa and Immigration, US Visa Thailand | No Comments »

Of great concern to those United States permanent residents (Green Card holders) visiting Thailand is the amount of time they will be allowed to spend outside of the United States and still retain their lawful permanent resident (LPR) status. Failure to remain in the United States for prolonged periods of time could lead to a revocation of one’s LPR.

In order to stay in Lawful Permanent Resident or Conditional Resident (CR) status for United States Immigration purposes the alien in question must maintain an actual domicile in the USA and not remain outside of the country (as defined in the United States Immigration and Nationality Act) for longer than one year. A Green card holder classified as LPR or CR who possesses a re-entry permit issued by an office of the United States Citizenship and Immigration Service in the United Sates may stay outside of the United States until the re-entry permit’s expiration date. Upon initial issuance, re-entry permits are usually issued with a validity of two years.

An alien classified as having Lawful Permanent Residence or Conditional Residence in the USA who has not returned to the United States for a span of time longer than twelve months, or past the expiration date of a re-entry permit, will be  required to obtain a new immigrant (CR-1 or IR-1 in the case of spouses) visa in order to reenter the United States in order to reestablish permanent residence.

Under specific provisions of United States Immigration law an exception was created which confers special immigrant status as a returning resident to a Lawful Permanent Resident or Conditional Resident who has lingered outside of the United States due to extenuating circumstances beyond the alien’s control. Although being approved for returning resident status negates the requirement that an immigrant visa application be filed on behalf of the alien with USCIS, the alien must establish his or her eligibility for a US immigrant visa, have a medical examination performed and remit the visa processing fee of three hundred and fifty-five United States dollars with an additional security fee of forty-five United States dollars as well as the fee for the medical examination.

Of Important note to Conditional Residents (CR) of the United States in a situation such as this: if a CR fails to submit an application to have the conditionality of resident status lifted, then that person must apply for a new immigrant visa. In this situation, the CR is not allowed to submit an application for status as a returning resident.

Much like advance parole for a K1 visa holder, the SB-1 returning resident travel document and the re-entry permit are both very important documents should an immigrant seek to leave the United States.

(Please be advised that this post is meant for educational purposes only and does not constitute legal advice. No Attorney-Client Relationship is to be deemed to have been formed between the writer of this piece and any subsequent readers.)

Tags: American Visa Thailand, Lawful Permanent Residence, LPR, Re-Entry Permit, Returning Resident, SB-1, SB1, US Visa Thailand
Posted in Adjustment of Status, US Visa and Immigration, US Visa Thailand | No Comments »

Crossing Over utilizes multiple perspectives to tell the story of immigrants from different countries aspiring to obtain Lawful Permanent Resident Status in the USA. The movies touches upon the issues of illegal border crossing, false documentation, asylum status, green card obtainment procedures, workplace enforcement, adjustment of status, naturalization, and counter terrorism.

It was interesting to watch this film because it depicted all of the different United States agencies and offices that oversee the immigration process. The film also provided exposure about what United States Immigration officers are deputized to do. That being said, I felt it was a massively unfair portrayal of the personal character traits of most of the officers in Immigration and Customs Enforcement (ICE) and United States Citizenship and Immigration Services.

The portrayal at the beginning of the film made it seem as though all ICE officers were heartless authoritarian brutes. In reality, I doubt this portrayal is accurate. I understand the reason for this less than flattering depiction: it was used to contrast Harrison Ford’s relative compassion when compared against his colleagues. From this standpoint, one can give the filmmakers some leeway on this point.

In another plot line of the film Ray Liotta plays a corrupt USCIS officer who uses his position as a top level adjudicator to bequeath a Green Card upon an aspiring actress in exchange for sleeping with him. If I was a USCIS officer I would be infuriated by this depiction. Its not that corruption doesn’t occur, but that portrayals such as this make it seem as though all employees of the agency lack an ethical compass, which I am sure is not the case.

Overall, I liked the movie because it brought up some interesting human issues, but from the context of United States Immigration I think it portrayed the government as all, or nearly all, bad.

I will say that I liked Ashley Judd’s performance as a United States Immigration attorney although it seemed somewhat stilted in places. Also, there were a few instances in the movie where I felt the attorney Judd played should have been more zealously advocating on behalf of her client. Can we say, “writ of habeas corpus?”

In closing, this was one of Harrison Ford’s best movies in years, which is not saying much if you have seen Indiana Jones and the Kingdom of the Crystal Skull. The movie had an all-star cast and I would argue it had no particular main character, which was interesting. The film effectively drew together multiple plot threads and culminated in some very moving sequences. I would recommend this film to anyone who is interested in the Immigration process or just enjoys well made films.

Tags: Adjustment of Status, Crossing Over, Green Card, Harrison Ford, ICE, Immigration and Customs Enforcement, USCIS
Posted in Adjustment of Status, Miscellaneous, US Visa and Immigration | No Comments »

A question sometimes posed with regard to US Immigration from Thailand involves the possibility of a Thai fiancee or spouse eventually acquiring United States Citizenship by naturalization. Even in a case in which the couple in question is seeking a K-1 visa or a K-3 Visa (which are both non-immigrant visas) there still seems to be an underlying belief that eventually the immigrant fiancee or spouse will one day wish to acquire United States citizenship.

Many people wonder about the time and residency requirements for naturalization. In many cases the ability to read, speak, and write in the English language is a requirement and a general knowledge of the history and government of the United States is also mandatory.

As to the residency requirement, the United States Citizenship and Immigration Service (USCIS) stipulates that one must have been lawfully admitted to permanent residence in the United States in order to subsequently apply for citizenship. The USCIS website goes further and states:

“Lawfully admitted for permanent residence means having been legally accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Individuals who have been lawfully admitted as permanent residents will be asked to produce an I-551, Alien Registration Receipt Card, as proof of their status.”

To quote further from the USCIS website, in order to Naturalize as a United States Citizen one must meet the following eligibility requirements set forth under the Immigration and Nationality Act. Basically, the applicant must:

1. have resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
2. have been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant’s continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
3. have resided within a state or district for at least three months

Beyond these requirements the applicant must also show that they are of good character. Which is best indicated by an absence of criminal record. In cases where a child of an American Citizen is not eligible to acquire US citizenship at birth, naturalization technically occurs automatically upon the child’s entry into the United States on an Immigrant Visa.

Please note: that where the applicant for naturalization gained lawful permanent residence due to marriage to a United States Citizen, the time requirement for naturalization is 3 years of permanent residence and 18 months physical presence in the United States.

(This post is intended for general informational purposes only and should not be used as substantive legal advice. For more information please contact a licensed attorney. This post does not create a lawyer-client relationship between the person writing this post and those later reading it.)

Tags: Fiance Visa Thailand, K1 Visa Thailand, K3 Visa Thailand, Marriage Visa Thailand, Naturalization, us visa lawyer thailand, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Visa and Immigration | Comments Off

Hiring an Immigration attorney is a decision that each couple makes based upon their unique set of circumstances and that decision should be made after careful review and research. That being said, when the decision is made that a US visa lawyer is necessary,  sometimes couples are unwittingly duped into hiring a non-licensed “immigration consultant” or “visa agent.” In even worse situations, the couple believes that they are actually retaining the services of a licensed lawyer when in fact they are dealing with someone who has never completed formal legal training or been licensed to practice law.

Form G-28 is a required form that must be submitted to the United States Citizenship and Immigration Service (USCIS) when the initial visa application is sent to the USCIS Service Center. Basically, the G-28 puts the United States government officers working at USCIS on notice that an attorney will be representing the petitioner, beneficiary, or (more common in family base cases) both parties. Further, the US Embassy in Bangkok will currently allow attorney’s to present 221g follow up documentation provided a G-28 form has been signed by the Beneficiary and the attorney can produce credentials showing that they are in fact licensed to practice law in at least one United States jurisdiction.

One of the convenient aspects of hiring an attorney from the point of view of the United States Citizen petitioner and the Thai fiancee Beneficiary is the fact that once the attorney enters his or her appearance, then most, if not all correspondence, will be sent to the attorney’s office.

Also, the G-28 acts as a litmus test to determine if the person or organization one is dealing with is an actual attorney or law firm. USCIS has made regulations which stipulate that only attorneys and non-profit organizations are allowed to represent clients in United States Immigration matters. With regard to non-profit organization, these types of institutions are defined as those like the Red Cross or other non-governmental refugee organizations. In circumstances where a “representative” is used who is not a licensed attorney, USCIS has stated that the representative must take little or nothing with regard toa fee. This provision seems truly to have been designed with organizations assisting indigent refugees in mind.

On the G-28 form, the attorney, petitioner, and beneficiary will need to affix their signatures. The attorney will also place his or her state of licensure on the form. In the case of the K-1 visa application, the attorney will also place his or her G-28 number on the form I-129f.

For further information please see:

K1 Visa

K3 Visa

(Please be on Notice: this piece is not intended to be regarded as a substitute for legal advice. Please seek legal advice from a licensed attorney. This post creates no lawyer-client relationship between the parties writing or reading it.)

Tags: 221 (g), G-28, G28, K-3 Visa Thailand, K1 Visa Thailand, US Embassy Thailand Bangkok, US Immigration Lawyer, US Immigration Lawyer Thailand, US Immigration Thailand, us visa lawyer thailand, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

In most cases where a US Marriage Visa is involved the couple does not need to concern themselves with the issue of adjustment of status. That being said, the K-3 visa is an exception because it is a non-immigrant visa.

One should not mistake “adjustment of status” for “change of status.” “Change of Status” only applies to persons transitioning from one non-immigrant visa category to another non-immigrant visa category. In the case of a transition from a non-immigrant to an immigrant visa cateogry, the proper term of art is “adjustment of status.”

The K-3 visa is a bit of an odd category because it requires two underlying USCIS petitions: the classic I-130 and the supplemental I-129f (usually reserved for K-1 visas).  A result of these dual applications is that an alien beneficiary spouse has the option of either adjusting status in the United States or returning to her home country for interview and Immigrant Visa conferral.

Some clients opt to adjust a Thai spouse’s status in the United States, while others take the position that returning home for the interview is more pleasant. The K-3 Visa lasts for two years, therefore many Thai beneficiaries use what could otherwise be the adjustment phase of the process to return home to Thailand in order to see family while at the same time finalizing the Immigrant visa process at the US Embassy in Thailand.

Should the foreign bride decide to adjust status stateside, then the process is similar to the adjustment of status process for a fiance visa. Upon approval of the Adjustment application, the K-3 visa beneficiary will be given lawful permanent residence.

There was a time when K-3 visas could be granted with a duration of up to ten years. Due to adjustment issues it seems Embassies stopped issuing these visas with 10 year validity. The reason may stem from the fact that government officials may have decided it was inefficient to let the I-130 petitions languish at Embassies abroad while the spouse of a US Citizen enjoyed a 10 year visa. Another issue could be that a US Citizen spouse dying could leave the foreign spouse stranded from an immigration standpoint because the K-3 is a non-immigrant visa category and the US Citizen’s death could result in precluding the foreign spouse from obtaining permanent residence based upon the marriage to the now deceased spouse. For these reasons, it may be prudent to submit an application for adjustment of status as soon as the beneficiary enters the USA on a K-3.

(Nothing herein should be assumed to act as a substitute for legal advice from a competent licensed attorney. No attorney-client relationship is created by reading this blog post.)

Tags: Adjustment of Status, K-1 Visa, K-3 Visa Thailand, us embassy bangkok, US Visa Thailand
Posted in Adjustment of Status, K-3 Visa Thailand, US Embassy Thailand, US Visa Thailand | No Comments »