Integrity Legal

This author recently came across the following information regarding petitions submitted to the Inter-American Commission on Human Rights. The following is a direct quotation from a press release from the Organization of American States distributed by the American Immigration Lawyers Association (AILA):

On December 27, 2002 and July 17, 2003, the Inter-American Commission on Human Rights (the “Inter-American Commission” or the “IACHR”) received petitions from the Center for Justice and International Law (CEJIL), the law firm of Gibbs Houston Pauw, and the Center for Human Rights and Justice (“the petitioners”) against the Government of the United States (“the State” or “United States”) on behalf of Wayne Smith and his children and Hugo Armendariz and his children, respectively, (hereinafter collectively the “alleged victims”) in relation to Mr. Smith and Mr. Armendariz’s deportation from the United States. According to the petitions, the State violated the alleged victims’ rights protected under Articles I (right to life, liberty and personal security), V (right  to private and family life), VI (right to family), VII (right to protection for mothers and children), IX (right to inviolability of the home), XVIII (right to fair trial) and XXVI (right to due process of law) of the American Declaration on the Rights and Duties of Man (the “American Declaration”).

Deportation, also referred to as removal, is the process whereby foreign national(s) residing or remaining temporarily in the United States, either lawfully or unlawfully, are sent back to their home country (or another country outside of the United states) usually following proceedings in which a tribunal adjudicates the legality of a foreign national’s presence in the United States. To quote the aforementioned press release further:

Regarding the merits of the case, the petitioners allege that Messrs. Smith and Armendariz, both of whom were legal permanent residents in the United States, were subjected to deportation without permitting them to present a meaningful defense in administrative and judicial courts, including the following alleged internationally-required consideration of humanitarian equities to deportation: the alleged victims’ length of legal residency in the United States; the alleged victims’ family ties in the United States; the potential hardship on the family members left behind in the United States; the alleged victims’ links with their countries of origin; the extent of the alleged victims’ rehabilitation and social contribution to the United States; any medical or psychological considerations; and the gravity of the alleged victims’ offense and the age when it was committed.

Lawful Permanent Residence (LPR) is a legal status in the United States also referred to as “Green Card” status. Those American Citizens married to a foreign national often seek a CR1 Visa or an IR1 Visa in order to obtain the benefits of lawful permanent residence for their foreign loved one(s). Under certain circumstances an alien present in the United States in lawful permanent resident status can be stripped of said status if they have committed certain “aggravated” criminal offenses or other acts which are deemed to be grounds for removal from the USA, or grounds of inadmissibility to the United States (if the LPR has been abroad and is seeking readmission to the USA or if State law allows activity which Federal law deems to be a legal grounds of inadmissibility) . To further quote the aforementioned press release:

In its response on the merits, the State asserts that under international law each sovereign nation has the right to establish reasonable, objective immigration laws that govern the circumstances under which non-citizens may reside in its country. From this principle, the State argues that the statutory scheme established by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (hereinafter “IIRIRA”) and the Antiterrorism and Effective Death Penalty Act of 1996 (hereinafter “AEDPA”) is a reasonable exercise of sovereign authority to protect U.S. citizens and other non-citizens alike who reside in the United States. Under IIRIRA and AEDPA, a legal permanent resident who has been convicted of an “aggravated felony,” is deportable without the opportunity of receiving a waiver of deportation from an immigration or federal judge. In addition, the State asserts that the petitioners interpret the relevant articles under the American Declaration too expansively and that they fail to recognize the proviso in Article XXVIII of the American Declaration, which permits Member States under certain circumstances to curtail a person’s individual rights in order to preserve the rights and security of others. The State asserts that the mandatory deportation of a non-citizen convicted of an “aggravated felony” is such a circumstance.

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) is a significant piece of Immigration legislation in that it changed some of the procedures relevant to removal. Specifically, expedited removal, a comparatively quick removal proceeding often conducted by Officers of the Customs and Border Protection Service (USCBP), was essentially created by the  provisions of the IIRAIRA. In recent years, some believe that deportation of “aggravated felons” in LPR status has increased, but that some of those removed from the USA have had certain due process rights violated in the course of their removal. The case in question seems to rely upon arguments based upon this supposition. To quote the aforementioned press release further:

After having reviewed the positions of the parties and their accompanying evidence, the IACHR concludes that the United States is responsible for violations of Wayne Smith and Hugo Armendariz’s rights protected under Articles V, VI, VII, XVIII, and XXVI of the American Declaration. The Inter-American Commission further concludes that it is well-recognized under international law that a Member State must provide non-citizen residents an opportunity to present a defense against deportation based on humanitarian and other considerations, such as the rights protected under Articles V, VI, and VII of the American Declaration. Each Member State’s administrative or judicial bodies, charged with reviewing deportation orders, must be permitted to give meaningful
consideration to a non-citizen resident’s defense, balance it against the State’s sovereign right to enforce reasonable, objective immigration policy, and provided effective relief from deportation if merited. The United States did not follow these international norms in the present case. The IACHR presents its recommendations to the State regarding these violations of the American Declaration.

One can speculate as to the ultimate result of the above decision by the IACHR as the above finding could have implications  in future removal proceedings as agents of the United States government as well as Immigration adjudicators may be required to provide future prospective deportees with an opportunity to form a defense strategy based upon humanitarian considerations. The exact nature of future defenses based upon humanitarian grounds remains to be seen, but this finding may place more rights in the hands of those foreign nationals in American removal proceedings.

For related information please see: I-601 waiver.

Tags: CR1 Visa, Department of Homeland Security, DHS, expedited removal, Human Rights, I-212, I-601 Waiver, IACHR, IIRAIRA, Inter-American Commission on Human Rights, IR1 Visa, Lawful Permanent Residence, LPR, United States Customs and Border Protection, USCBP
Posted in CR1 Visa, Department of Homeland Security, I-601 Waiver, USCBP | No Comments »

This author recently discovered that the United States Embassy in China has announced that those seeking non-immigrant visas to the United States of America may seek such travel documents at any US Consulate in China. To quote directly from the website of the American Embassy in China:

Residents of China may apply for a non-immigrant visa at any U.S. Consular Section in China, regardless of the province or city of residence.  We have Consular Sections at the U.S. Embassy in Beijing and the U.S. Consulates General in Chengdu, Guangzhou, Shanghai, and Shenyang.

Although the basic application process is the same, specific times and application procedures at each visa issuing office can vary.  Before applying for a visa, applicants should check each post’s web site for procedures specific to that post.

The U.S. Embassy and Consulates in China provide the following estimates of the next available non-immigrant visa interview appointment date for your reference.  Please be aware appointments are scheduled continuously, and the next available appointment date can change dramatically on short notice.

All appointments must be booked through the Visa Information Call Center at 4008-872-333, which has the most current information about appointment wait times.  Specific appointment procedures can be found here: http://beijing.usembassy-china.org.cn/niv_appointment.html.

The information below is a rough guide only.  Please note this information was last updated on 21 Jul, 2010.

Business/ tourist visa appointments (B1, B2, and B1/B2 visa classes)

As of the date above, this post is booking…	… appointments for the following date:
U.S. Embassy Beijing	3-Aug
U.S. Consulate General Chengdu	19-Aug
U.S. Consulate General Guangzhou	17-Aug
U.S. Consulate General Shanghai	23-Aug
U.S. Consulate General Shenyang	31-Aug

Student (F, M, J visa classes)

As of the date above, this post is booking…	… appointments for the following date:
U.S. Embassy Beijing	28-Jul
U.S. Consulate General Chengdu	6-Aug
U.S. Consulate General Guangzhou	27-Jul
U.S. Consulate General Shanghai	19-Aug
U.S. Consulate General Shenyang	4-Aug

Appointment wait times for particular groups such as petition-based employment applicants, group leisure tours, Amcham applicants, and public affairs passport holders may be different.  Please contact the Visa Information Call Center at 4008-872-333 for more information.

If you require an earlier visa appointment for immediate travel for urgent medical treatment, to meet the start date on your I-20 or DS-2019 form, or for another emergency reason, please see our information about expedited appointments http://beijing.usembassy-china.org.cn/niv_expedite.html.

The information on how to apply can be found below:

The U.S. Consulate in Chengdu:
http://chengdu.usembassy-china.org.cn/appointment.html

The U.S. Consulate in Guangzhou:
http://guangzhou.usembassy-china.org.cn/niv-how-to-apply.html

The U.S. Consulate in Shanghai:
http://shanghai.usembassy-china.org.cn/how_to_apply.html

The U.S. Consulate in Shenyang:
http://shenyang.usembassy-china.org.cn/consular5.html

The U.S. Consulate in Hongkong:
http://hongkong.usconsulate.gov/niv_apply.html

It is interesting to note this recent policy shift as most US Diplomatic and Consular missions in other countries require the applicant to apply for their non-immigrant visa at the Consulate with jurisdiction over the place of residence of the applicant. However, these jurisdictional rules may be altered by officials of the Department of State depending upon the prevailing circumstances in the host country. That said, China is a unique country insofar as it has a large landmass as well as a massive population. As a result, special considerations probably ought to be taken into account when discussing those issues associated with optimally serving those Chinese nationals wishing to travel to the USA.

As the economic and diplomatic relationships between the USA and China become increasingly close, Immigration matters will become more important for those conducting Sino-American business or for those from China who simply wish to visit the United States for recreational purposes.

It should be noted that the above announcement would seem to only apply to those seeking non-immigrant visas such as the B2 visa or the F1 visa. Therefore, the above information does not appear, at the time of this writing, to be applicable to those seeking an Immigrant visa such as a CR1 Visa or an IR1 Visa. Furthermore, it would also seem as though those seeking visa benefits under the K visa category (K1 visa, K2 visa, K3 Visa, K4 visa, etc.) will not be able to “forum shop” for the Post of their choice for the ultimate visa interview.

For more information about US Immigration from China please see: US Visa China.

Tags: American Visa China, China, CR1 Visa, Fiance Visa, Fiance Visa China, IR1 Visa, K1 Visa, K1 Visa China, K2 Visa, K3 Visa, K4 Visa, US Consulate, US Embassy China, US Immigration China, US Visa China
Posted in CR1 Visa, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, US Consulate ChengDu, US Consulate Guangzhou, US Consulate Shanghai, US Consulate Shenyang, US Consulate Wuhan, US Embassy Beijing, US Embassy China, US Tourist Visa, US Visa, US Visa and Immigration | 1 Comment »

In a recent press release from the United States Citizenship and Immigration Service (USCIS) it was announced that a fee waiver form has been proposed in an effort to streamline the process whereby indigent aliens in the USA apply for relief from Immigration fees. To quote the announcement, as promulgated by USCIS and distributed by the American Immigration Lawyers Association (AILA):

U.S. Citizenship and Immigration Services (USCIS) has proposed for the first time a standardized fee waiver form in an effort to provide relief for financially disadvantaged individuals seeking immigration benefits…

Apparently, the current version of the fee waiver form is the product of time, research, and study as USCIS has attempted to provide relief to those who cannot pay the government processing fees while still maintaining the integrity of the overall system. To quote the aforementioned announcement further:

The proposed fee waiver form is the product of extensive collaboration with the public. In meetings with stakeholders, USCIS heard concerns that the absence of a standardized fee waiver form led to confusion about the criteria that had to be met as well as the adjudication standards. USCIS worked with stakeholders in developing the fee waiver form that is now posted for comment. “Our goal is to bring clarity and consistency to our processes,” said USCIS Director Alejandro Mayorkas. “We are doing so now in the critical area of providing the financially disadvantaged with access to immigration benefits.”

Mayorkas further stated that the method by which the proposed fee waiver form was devised – through extensive collaboration with the public – will be a hallmark of his approach to improving agency processes. Currently, applicants requesting a fee waiver must do so by submitting an affidavit or unsworn declaration requesting a fee waiver and stating the reasons why he/she is unable to pay the filing fee. The new proposed fee waiver form is designed to verify that an applicant for an immigration benefit is unable to pay the fee for the benefit sought. The proposed form provides clear criteria and an efficient way to collect and process the information.

It is admirable to see USCIS taking an active interest in providing relief to those customers who are truly in need. That said, it remains to be seen how this proposal will be received particularly in light of the fact that USCIS has recently announced shortfalls in its budget. Some feel that providing this type of relief runs counter to the notion of USCIS as a self-funded agency. In any case, this author hopes to see this proposal passed if it increases the probability of providing much needed assistance to those wishing to travel to, or remain in, the United States of America for bona fide reasons.

Tags: American Visa, CR1 Visa, Fiance Visa, IR1 Visa, K1 Visa, K3 Visa, United States Citizenship and Immigration Service, US Immigration, US Immigration Fee Waiver, US Visa, US Visa Fee Waiver, US Visa Petition, US Visa Waiver, USCIS, USCIS Costs, USCIS fees, USCIs processing fees
Posted in CR1 Visa, Department of Homeland Security, K1 Visa, K2 Visa, K3 Visa, L1 Visa, Upcoming Legislation, US Visa, US Visa and Immigration, USCIS | No Comments »

As regular readers will likely note, we try to provide relevant and useful information to those interested in obtaining a US family visa from abroad. Below are the processing times for the United States Citizenship and Immigration Service (USCIS) Centers which process Immigrant and non-immigrant family based petitions for visas such as the K1 visa, the K3 Visa, the CR1 Visa, and the IR-1 Visa. The following processing time estimates for the California Service Center were quoted directly from the USCIS website:

As USCIS has two service centers which handle Family based Immigration adjudications it is fitting to post both both sets of processing time estimates. The following processing time estimates for the California Service Center were quoted
directly from the USCIS website:

If a family based petition is adjudicated and approved by USCIS, then it will be forwarded to the National Visa Center in New Hampshire where it will be processed and sent to the the US Embassy or US Consulate with appropriate jurisdiction. For further information about US Family Immigration generally please see: US Marriage Visa.

Tags: advance parole, CR1 Visa, E2 Visa, Fiance Visa, I-131, IR1 Visa, K1 Visa, K3 Visa, L1 Visa, National Visa Center, Spouse Visa, US Marriage Visa
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

This blog is dedicated to providing relevant information for those with pending Immigration petitions before the United States Citizenship and Immigration Service (USCIS). With that in mind, it is particularly important to provide relevant information to military personnel who have a spouse or loved one processing through the American Immigration system. This author recently discovered that USCIS has posted a set for frequently asked questions  (and their answers) regarding the US Immigration process for military personnel and their families. Below is a list of Questions and Answers promulgated by USCIS and distributed by the American Immigration Lawyers Association (AILA):

Questions and Answers for Members of the Military

U.S. Citizenship and Immigration Services (USCIS) offers immigration services and resources specifically for members of the U.S. Armed Forces and their families who are stationed in the United States and abroad. USCIS established a military assistance team to ensure that the military community receives quick and secure access to accurate information. Below is a list of answers to frequently asked questions received by our military assistance team.

Adjustments

Q. What is the fee for the Application for Naturalization (Form N-400) filed by spouses of military members?

A. The filing fee for the Application for Naturalization (Form N-400) is $675 ($595 plus a biometrics fee of $80). Individuals who submit FD-258 Fingerprint Cards directly to USCIS with their applications are not required to pay the biometrics fee. Applicants filing from within the United States should submit a single check or money order of $675 made payable to Department of Homeland Security or U.S. Citizenship and Immigration Services.

Q. I am a military member stationed abroad with my dependents. Can my dependents have their naturalization interviews conducted overseas?

A. Yes. Certain spouses or children of service members residing abroad with that service member (as authorized by official orders) may be eligible to become naturalized citizens without having to travel to the United States for any part of the naturalization process. Please see “Fact Sheet: Requirements for Naturalization Abroad by Spouses of Members of the U.S. Armed Forces” and “Overseas Naturalization Eligibility for Certain Children of U.S. Armed Forces Members” on www.uscis.gov/military for more information.

If you have an appointment for a naturalization interview and you have transferred overseas, contact USCIS by calling the Military Help Line by telephone: 1-877-CIS-4MIL (1-877-247-4645) or email: [email protected] and request to have your case transferred to your nearest USCIS overseas office.

Submitting Biometrics

Q. I am an active duty military member and am required to submit biometrics at a USCIS Application Support Center (ASC). Do I need an appointment?

A. No. Active duty military members do not need an appointment and will be accepted on a walk-in basis at any ASC in the United States. You should bring your military ID with you to the ASC.

Q. Can I submit fingerprints before I file the Application for Naturalization (Form N-400)?

A. Yes. You may submit fingerprints even if you have not yet submitted an Application for Naturalization.

Q. Where can military members or dependents that are living abroad go to have the fingerprints taken?

A. Military members and dependents stationed abroad can submit 2 properly completed FD-258 Fingerprint Cards taken by the Military Police, Department of Homeland Security officials or U.S. Embassy or Consulate officials.

Q. If my military installation does not use FD-258, can I submit another type of fingerprint document instead?

A. FD-258 is the preferred document used to submit fingerprint, however USCIS may be able to accept a comparable document, such as the Department of Defense SF-87, in place of the FD-258. Please contact the USCIS Military Help Line at 1-877-CIS-4MIL (1-877-247-4645) for more information.

General Information
Q. What are the criteria to have an application or petition expedited for military personnel?

A. USCIS reviews all expedite requests on a case-by-case basis. Some examples of situations that may
qualify for expedited processing include:
• Pending military deployment
• Extreme emergent situation
• Humanitarian situation
Please contact your local USCIS office or the USCIS Military Help Line at 1 877 CIS 4MIL (1-877-
247-4645) for more information.

Q. I am an active duty military member stationed abroad. How do I check the status of my application?

A. You can check their status of any application by clicking on the “Check My Case Status” link on the right-hand side of this page. Note: when checking the status of an I-751, you must use the receipt number from the ASC appointment notice. You may also call the USCIS Military Help Line at 1-877-CIS-4MIL (1-877-247-4645).

It is admirable that USCIS took the time to provide this information to those serving in the American military. Many feel that one of the positive aspects of the US immigration system is the care and attention provided to members of the Armed Services and their families.

For information about Immigration options for Thai spouses and Fiances of US Citizens please see: US Marriage Visa or Fiance Visa Thailand.

Tags: American Immigration, American Visa, Fiance Visa Thailand, Immigration US Military, US Immigration, US Marriage Visa, US Visa, USCIS Frequently Asked Questions
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, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

This blog routinely discusses issues and news relevant to US Immigration. In a recent announcement from the Office of Public Engagement, within the United States Citizenship and Immigration Service (USCIS), it was noted that a new Director has been named to oversee the activities of the California Service Center. The following is a copy of the announcement directly quoted from the American Immigration Lawyers Association (AILA) website:

Dear Stakeholders,

USCIS Director Alejandro Mayorkas has appointed Rosemary Langley Melville, currently the Acting Regional Director in the Southeast Region, as the new California Service Center (CSC) Director. Ms. Melville will assume her new responsibilities in late August.

Effective Monday, July 12th Barbara Velarde, Deputy Associate Director for Service Center Operations, assumed the role of Acting Director of the CSC with Phoenix District Director John Kramar as the Acting Deputy Director. We look forward to working together as we continue to address areas of common interest.

The California Service Center plays an integral part in US Family Visa cases as it processes a large number of visa petitions each year. For those living in certain Western US States the California Service Center is most often the processing point for K1 visa applications as well as the I-129f petitions submitted in connection with the K3 Visa category.

Those seeking traditional US Marriage Visa benefits may also have their petition processed by the California Service Center. When an I-130 petition (used by those seeking the CR1 and/or IR1 visa) is submitted to USCIS, the Lockbox Facility will usually forward the petition to either the California Service Center or its counterpart, the USCIS Service Center in Vermont. USCIS adjudicates the merits of the petition and assuming there is an approval in the case the file will be forwarded to the Department of State’s National Visa Center where it will either be quickly forwarded to the proper US Consulate or US Embassy (as is the case in the K1 visa process or the K3 visa process) or the NVC will hold the petition and begin the process of accumulating relevant documentation. After necessary documents are compiled the whole file will be forwarded to the Consular Post with appropriate jurisdiction.

If a visa application is denied by the US Consulate then the file will be sent back to USCIS for revocation. Under certain circumstances, a petitioner may challenge a USCIS revocation.

For further information regarding recent developments pertaining to Consular Processing and USCIS revocation please see: US visa denial.

Tags: United States Citizenship and Immigration Servioce, US Embassy, US Family Visa, US Marriage Visa, US Visa, us visa denial, USCIS, USCIS California Service Center
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, National Visa Center, News, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | 2 Comments »

In a recent announcement from the American Department of State it was revealed that those agencies tasked with issuing US visas are to add security features to American travel documents issued to foreign nationals. To quote the announcement as posted on the American Immigration Lawyers Association (AILA) website:

This public notice announces an amendment to the Biometric Visa Program. Section 303 of the Enhanced Border Security and Visa Entry Reform Act of 2002 has required, since October 26, 2004, that all visas issued by the Department must be machine-readable and tamper-resistant and use biometric identifiers. In consultation with the Department of Homeland Security (DHS) and the Department of Justice (DOJ), the Department determined that fingerprints and a photo image should be required as biometric identifiers. When the biometric visa program began, available technology allowed for the efficient capture and comparisons of only two fingerscans. As a result of technological improvements, the Department instituted a ten fingerscan standard to raise the accuracy rate in matching fingerscans and enhanced our ability to detect and thwart persons who are eligible for visas.

As implied above, the Department of States is not the only American agency which will have a role in creating more effective security enhancements for American visas. The Department of Homeland Security will also play a part in this important endeavor. To further quote the announcement posted on the AILA website:

In establishing the Biometric Visa Program, the Department coordinated closely with the Department of Homeland Security (DHS). The Biometric Visa Program is a partner program to the DHS US-VISIT Program that is in effect at U.S. ports of entry and that uses the same biometric identifiers. By coordinating these two programs, the two departments have ensured the integrity of the U.S. visa. This is accomplished by sending the fingerscans and photos of visa applicants to DHS databases. When a person to whom a visa has been issued arrives at a port of entry, his or her photo is retrieved from a database and projected on the computer screen of the Customs and Border Protection officer. The person’s fingerscans are compared to the fingerscans in the database to ensure that the person presenting the visa is the same as the person to whom the visa was issued.

The new security features are likely be used for visa categories such as the K1 visa, the K3 Visa, and the common US Family Immigrant visas (CR1 Visa, IR1 visa) not to mention the non-immigrant visa categories such as the B1 visa and the B2 visa. That said, it seems unlikely that this will have an adverse impact upon those who seek a US visa in compliance with relevant US law.

Although the full-scale implementation of this program has yet to take effect, there are many who feel that more effective security measures will help ensure that there will be less fraud perpetrated against the United States government by foreign nationals wishing to illegally enter the USA.

For further information specifically related to US Consular Processing in Thailand please see: US Embassy Thailand.

Tags: B1 visa, B2 Visa, Consular Processing, CR1 Visa, Fiance Visa, IR1 Visa, K1 Visa, K3 Visa, us embassy thailand, US Visa
Posted in CR1 Visa, Department of Homeland Security, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Consulate ChengDu, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, 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 Tourist Visa, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »

On this blog we regularly post information of general interest to Americans or prospective immigrants seeking services at American Embassies or Consulates abroad. The following is the posted holiday closing schedule for the United States Consulate-General in Guangzhou, China. The following is a direct quotation from the US Embassy in China’s website:

We are CLOSED on the following American and Chinese holidays.

Holiday closure schedules can be very important for Americans as there often arise situations in which an American believes that the closest US Embassy or US Consulate will be open for business when, in fact, the Embassy or Consulate is closed for a holiday in the host country or one of the more obscure US holidays. This author has personally been the victim of this problem when traveling to the US Embassy in Bangkok and realizing that the Embassy was closed for American Veterans Day. To save others time and  frustration, we try to post these lists so that travelers can plan accordingly.

Many Americans traveling overseas find that they need the assistance of an American Citizen Services (ACS) section of an American Embassy or Consulate overseas. Many find that they need ACS to produce a replacement US passport, add visa pages, or, in some cases, more serious matters must be dealt with that can only be executed by an American Consular Officer.

In situations where a prospective immigrant to the United States wishes to set a visa interview appointment for a K1 visa, a K3 visa, a CR1 visa, or an IR1 visa it may be best if the applicant makes an appointment prior to traveling to the Post in order to be sure that the Post is functioning upon arrival. This is also the case for those seeking a non-immigrant visa such as a B1 visa, B2 visa, F1 visa, or J1 visa. Interviews for these types of travel documents are usually scheduled in advance, but it is recommended that one contact the post prior to interview in order to be fully apprised as to the pertinent protocols.

Tags: ACS, American Citizen Services, American Passport, B1 visa, B2 Visa, CR1 Visa, Holiday Closing US Consulate Guangzhou, Holiday Closing US Embassy china, K1 Visa, US Embassy in Bangkok, us passport
Posted in CR1 Visa, IR1 Visa, K1 Visa, K3 Visa, US Consulate Guangzhou, US Embassy China, US Tourist Visa, US Visa | No Comments »

Frequently this author uses this blog to post accurate processing time estimates for the United States Citizenship and Immigration Service (USCIS) Centers in the United States. USCIS is a key agency tasked with adjudicating Immigration petitions prior to possible Consular adjudication at a US Embassy or US Consulate abroad.

The following was quoted from the USCIS website on June 18, 2010. These are the current processing time estimates for the USCIS service center in California:

The following are estimated processing times for the USCIS Service Center in Vermont:

Those interested in bringing a foreign loved one to the United States on a K1 visa, K3 Visa, CR1 visa, or IR visa are advised to remember that the above processing time estimates do not take into account special circumstances, Consular Processing, I-601 waiver adjudication, or I-212 waiver adjudication. Therefore, those interested in obtaining a US visa are wise to consult a US Immigration lawyer prior to making any decisions as different visa categories can process faster relative to other categories.

Due to recent unrest in the Kingdom of Thailand, those processing through that Consular Post may find that it takes a bit longer to get an appointment compared to more tranquil periods. However, it should be noted that the US Embassy in Thailand has diligently worked to clear the backlog caused by the recent Embassy closure and processing is getting back to a state of relative normality.

For further information please see: US Visa Thailand.

Tags: American Visa, Consular Processing, CR1 Visa, How Much Time Does it Take to Get a US Visa, I-212 waiver, I-601 Waiver, IR1 Visa, K1 Visa, K3 Visa, US Consulate, US Embassy, US Visa, US Visa Thailand, USCIS, USCIS Processing Time
Posted in CR1 Visa, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, US Consulate Chiang Mai, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | 30 Comments »

With the recently announced fee increases associated with K visa applications filed overseas, there are many who feel that serious thought should be given to the type of visa a couple should petition to obtain. In the past, many couples who were thinking of marriage opted to apply for a US fiance visa, also referred to as a K1 visa. That being said, it was recently announced that the application fee for all K visas sought overseas would be increased from $131 to $350. Apparently, the resources accrued are to be used in furtherance of fraud prevention measures as well as implementation of measures meant to streamline the overall visa process. As the fee increase was only recently announced, it remains to be seen how newly acquired fees will be used on the Consular level. With that in mind, it has also been recently announced that USCIS may be raising fees for Immigrant visa petitions. For those who are unfamiliar with this blog, it should be noted that for purposes of traveling to the USA, the K1 visa and the K3 Visa are considered to be immigrant visas even though they do not automatically confer lawful permanent residence to the bearer upon entry in the USA.

Those seeking a US visa would be prudent to seriously consider their options because the costs associated with the process of applying for and obtaining a CR1 visa or an IR1 visa may be lower in some cases when compared to the costs associated with the K1 visa process. When viewed from a long term perspective the CR1 visa, although more time consuming to obtain, confers lawful permanent residence to the bearer upon entry and thereby negates the necessity of adjustment of status which is necessary for those who travel to the US on a K1 visa with the intent to marry the Petitioner and remain in the USA permanently.

In most cases, those wishing to bring a spouse to the USA are wise to bear in mind the fact that K3 visa applications, once a popular travel document for bi-national married couples, are now being administratively closed by the National Visa Center if the underlying I-130 is approved prior to, or at the same time as, the I-129f application. This has lead to many instances of spouses being required by circumstance to process a CR1 or IR1 visa rather than a K3 visa because the NVC simply will not process the K3 application.

For those interested in further information about US Immigration please see: American Visa Thailand.

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