Integrity Legal

The administration of this blog routinely posts the updated processing times for the various service centers of the United States Citizenship and Immigration Service (USCIS). The following is quoted directly from the official website of USCIS:

It should be noted that the above quoted processing estimates may not accurately reflect the entire visa process as Consular Processing may be required at a US Embassy or Consulate abroad. Concurrently, the above cited processing time estimates may not accurately reflect the time it takes process an immigration petition at a USCIS field office abroad or through the process once referred to as Direct Consular Filing.

Tags: American Visa Process, CR1 Visa Process, IR1 Visa Process, K1 Visa Process, K3 Visa Process, US Visa Process, USCIS, USCIS Processing Times
Posted in CR1 Visa, E1 visa, E2 Visa, EB-1 Visa, EB-2 Visa, EB-3 Visa, EB-4 Visa, EB5 Visa, Fiance Visa Thailand, I-601 Waiver, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, lgbt immigration, same sex visa, US Visa Thailand, USCIS | No Comments »

The administration of this blog routinely posts the updated processing time estimates for the Service Centers of the United States Citizenship and Immigration Service (USCIS). The following was quoted directly from the official website of USCIS:

It should be noted that these processing time estimates do not reflect the time it takes to obtain a US visa as the US visa application process can be time consuming even after an initial immigration petition receives approval since processing at the National Visa Center and/or a US Consulate or US Embassy abroad may also be required.

Tags: Fiance Visa, Fiancee Visa, I-129f, I-130, K-1 Visa, K-3 Visa, Marriage Visa, US Visa Application, US Visa Process, USCIS
Posted in E1 visa, E2 Visa, EB-1 Visa, EB-2 Visa, EB-3 Visa, EB-4 Visa, EB5 Visa, Fiance Visa Thailand, I-601 Waiver, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, same sex visa, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The United States government has recently shut down due to the inability of Congress to make a deal regarding the budget and current debt ceiling level. The reverberations from this recent turn of events will likely be felt in many sectors of the United States government and by those who may have business with the US government. As a general matter, governmental functions which are deemed essential will still be available. However, those governmental activities and employees deemed non-essential will likely be discontinued and work furloughed until such time as Congress reaches an agreement. It has been 17 years since the United States government last shut down. As of the time of this writing, the Office of Management and Budget has instructed supervisors of various governmental entities to “execute plans for an orderly shutdown.”

What is the practical impact of the government’s closure upon the immigration process? It recently came to this blogger’s attention that the following has been posted on the official website of the United States Embassy in Bangkok, Thailand:

The U.S. Embassy in Bangkok and Consulate General Chiang Mai remain open to the public. As always, our priorities remain providing safety, security, and service to U.S. citizens. We are open for all consular services, including visa processing.

It could be inferred that the Embassy is attempting to dispel rumors that a shutdown will negatively impact the processing of US visa applications as well as applications for US passports, Consular Reports of Birth Abroad (CRBA), and various notarial services requested by Americans living in Thailand. Hopefully, the recently announced government shutdown will not last long and thus not cause any great problems for those seeking visas to the United States of America. However, a protracted shutdown could mean that processing of US visa applications could move at a slower pace, or, in a worst case scenario, be discontinued until such time as a budget is agreed upon. Hopefully, this will not happen and the processing of applications will continue apace.

Meanwhile, it is likely that the shutdown will not affect processing of immigration petitions at the United States Citizenship and Immigration Service (USCIS). As USCIS is funded by the fees paid by petitioners, it seems likely that a government shutdown will not adversely impact those seeking immigration benefits from USCIS. Again, as the United States has not seen a government shutdown in nearly two decades some of the details about the impact of the current shutdown remain somewhat speculative. Readers of this blog should take note that further information will be provided herein as it becomes available.

Tags: Consular Reports of Birth Abroad, CRBA, Office of Management and Budget, United States Citizenship and Immigration Service, US Consulate Chiang Mai, us embassy bangkok, us embassy thailand, US passports, US Visa Application, US visa application Thailand, US Visa Process, USCIS
Posted in Adjustment of Status, CR1 Visa, Department of Homeland Security, E1 visa, E2 Visa, EB-1 Visa, EB-2 Visa, EB-3 Visa, EB-4 Visa, EB5 Visa, F1 Visa Thailand, Fiance Visa Thailand, I-601 Waiver, J1 visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, L1 Visa, Legal News, National Visa Center, News, same sex visa, US Consulate Chiang Mai, US Embassy Thailand, US Tourist Visa, US Visa, US Visa Thailand, USCIS | No Comments »

Periodically, the administration of this web log post the estimated processing times from the United States Citizenship and Immigration Service (USCIS). It should be noted that the following processing time estimates are exxactly that: estimates. Some petitions may process more quickly while other petitions may proccess more slowly. To quote directly from the USCIS official website:

It should be also noted that although these USCIS estimated processing times can provide a general framework for understanding the time frames for petition adjudication by USCIS, these estimates do not necessarily reflect the estimated time frame for the entire US visa process especially if the unique circumstances of a given case requires Consular Processing of a US visa application at a US Embassy or US Consulate abroad.

For a married couple seeking an IR1 visa or a CR1 Visa for a foreign spouse of US Citizen the process begins at the USCIS where the initial petition will be adjudicated. Assuming USCIS approves the initial petition, then the petition will be forwarded to the National Visa Center (NVC). NVC will require certain documents before forwarding the application to a US Embassy or Consulate abroad where a foreign spouse must undergo an interview prior to the Consular Officer making a decision regarding visa issuance. In some cases, the Consular Officer may approve the visa application at the interview. Meanwhile, in some circumstances, the officer may deny the application (especially where a ground of inadmissibility is found to exist in the case and under such circumstances the applicant must be granted an I-601 waiver, or something similar, prior to the application receiving further favorable treatment). In some cases, the officer may simply find that some further evidence of the relationship or documentation pertaining to the foreign national is lacking and will thereby deny the application pursuant to section 221(g) of the Immigration and Nationality Act. Under these circumstances, the 221(G) denial may be overcome by presenting further evidence to the Consular Officer and upon their finding that the relevant requirements have been met the application may be approved.

As one can infer from the above example, the USCIS estimateed  processing times may not accurately reflect the total time it may take to obtain a US visa since the process is sometimes more complex than simple USCIS petition approval.

Tags: 221g, American Consulate, American Embassy, American Fiance Visa, American Fiancee Visa, American Marriage Visa, American Visa, American Visa Process, Consular Processing, CR-1 Visa, CR1 Visa, EB-1 visa, EB-2 Visa, EB-3 Visa, EB-5 Visa, EB1 visa, EB2 Visa, EB3 Visa, EB5 Visa, Immigration and Nationality Act, IR-1 Visa, IR1 Visa, K-1 Visa, K-2 Visa, K-3 Visa, K1 Visa, K2 Visa, K3 Visa, L-1 visa, L1 Visa, National Visa Center, NVC, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Fiance Visa, US Fiancee Visa, US Marriage Visa, US Visa, US Visa Process, USA Consulate, USA Embassy, USA Fiance Visa, usa fiancee visa, USA Marriage Visa, USA Visa, USA visa process, USCIS, USCIS Processing, USCIS Processing Time, USCIS Processing Times
Posted in CR1 Visa, EB-1 Visa, EB-2 Visa, EB-3 Visa, EB-4 Visa, EB5 Visa, F1 Visa Thailand, Fiance Visa Thailand, I-601 Waiver, IR1 Visa, J1 visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, same sex visa, US Visa, US Visa and Immigration, US Visa Thailand, USCIS, Visa Waiver | No Comments »

In an effort to provide relevant information to those seeking insight into the American immigration process, the administration of this web log routinely posts the USCIS processing times for various types of immigration petitions. The following processing times are quoted directly from the official website of the United States Citizenship and Immigration Service (USCIS) as posted on January 25, 2012:

Those seeking further information are strongly encouraged to visit the official website of USCIS by either clicking HERE or clicking upon the hyperlink noted above.

Readers should note that these processing time estimates merely tabulate an estimated processing time for a USCIS petition and therefore may not accurately reflect the time it takes for an individual visa petition and application to fully process. In many cases, further time may be required for the approved petition to process through the National Visa Center (NVC). Furthermore, more time may elapse as a resulting from the need for Consular Processing at a US Embassy or US Consulate abroad.

For information related to legal matters arising in Southeast Asia please see: Legal.

Posted in CR1 Visa, E1 visa, E2 Visa, EB-1 Visa, EB-2 Visa, EB-3 Visa, EB-4 Visa, EB5 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

It recently came to this blogger’s attention that the Department of Homeland Security (DHS) is taking steps to encourage entrepreneurial immigration to the United States of America. In order to provide further insight it is necessary to quote directly from the official website of the DHS, DHS.gov:

WASHINGTON—Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas today outlined a series of policy, operational, and outreach efforts to fuel the nation’s economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in areas of high unemployment. “The United States must continue to attract the best and brightest from around the world to invest their talents, skills, and ideas to grow our economy and create American jobs,” said Secretary Napolitano. “Today’s announcements will help our nation fully realize the potential of existing immigration laws.” “Current immigration laws support foreign talent who will invest their capital, create new jobs for American workers, and dedicate their exceptional talent to the growth of our nation’s economy,” said Director Mayorkas. “USCIS is dedicated to ensuring that the potential of our immigration laws is fully realized, and the initiatives we announce today are an important step forward.” These actions mark the six-month anniversary of Startup America, a White House-led initiative to reduce barriers and accelerate growth for America’s job-creating entrepreneurs…

The administration of this web log asks readers to click upon the relevant hyperlinks above in order to read this article in detail.

In previous postings on this blog it has been noted that travel documents such as the EB-5 visa can be a satisfactory tool for those wishing to travel to the United States for the purposes of investing and residence. It should be noted that there are other employment based visa categories such as the EB-2 visa, the EB-3 visa, the EB-1 visa, and the EB-4 visa which may be used by individuals who find themselves in differing factual circumstances. Meanwhile, visas such as the L-1 visa and the E-2 visa are often used by non-immigrants who wish to travel to the United States of America for the purpose of either undertaking specialized employment or investing in a small business therein. That stated, those seeking immigration benefits are well advised to contact an American immigration lawyer since issues associated with American immigration can be legally complex and the process can sometimes prove cumbersome for those unaccustomed to dealing with matters pending before various agencies within the American federal bureaucracy.

In news pertaining to the continuing struggle for LGBT Equality, it recently came to this blogger’s attention that an attorney for the United States government has filed a response in a case involving a New York woman suing the government to have her same sex marriage recognized. To quote directly from a posting by Mark Hamblett for the New York Law Journal on the website Law.com:

Congress has fired back in a lawsuit challenging the constitutionality of the Defense of Marriage Act’s definition of marriage as between one man and one woman. In a motion to dismiss in the Southern District, former solicitor general Paul D. Clement and his legal team argue that the act, 1 U.S.C. §7, is entitled to a presumption of constitutionality, and that U.S. Supreme Court precedent holds that an exclusively heterosexual definition of marriage does not offend the equal protection clause. The motion came in Windsor v. United States, 10-cv-8435, which was brought by Edith Schlain Windsor…In his papers yesterday, Mr. Clement said that rational basis review, not heightened scrutiny, is the appropriate standard in judging the constitutionality of the statute and §3 “easily” passes that less exacting standard. In support of that view, he argues that DOMA does not infringe on the fundamental right to marriage, that “same-sex marriage is not a fundamental right” and that “DOMA implicates federal benefits, not the right of same-sex couples to marry.” Under the rational basis test, Mr. Clement said, Congress could have acted rationally “in the face of the unknown consequences of a proposed novel redefinition of the foundational social institution,” and it could have acted rationally to “protect the public fisc” in the balance it strikes in allocating federal burdens and benefits, and providing “consistency in eligibility for federal benefits based on marital status.” Congress also could have acted rationally “to avoid creating a social understanding that begetting and rearing children is not inextricably bound up with marriage” and to “foster marriages that provide children with parents of both sexes.”

This blogger recommends that readers click upon the hyperlinks above to read this article in detail as it is very enlightening about this case and the issues associated therewith.

The case noted above is interesting insofar as the underlying same sex marriage appears to have been legalized in Canada as opposed to another United States jurisdiction. How this fact will color a final adjudication remains to be seen, but it could have an adverse impact upon the outcome of the case as Full Faith and Credit issues pursuant to the Full Faith and Credit Clause of the United States Constitution may not be relevant under the circumstances. Frequent readers may recall that in an immigration context the so-called “Defense of Marriage Act” precludes immigration benefits such as the K-1 visa, the CR-1 visa, or the IR-1 visa from same sex bi-national couples even if they have been married in an American jurisdiction which legalizes and/or solemnizes same sex marriages. Legislation such as Representative Jerrold Nadler‘s Uniting American Families Act (UAFA) and the Respect for Marriage Act (RFMA) would ameliorate this discrimination, but such legislation has yet to see enactment.

For information related to legal services in Southeast Asia please see: Legal.

Tags: 1 U.S.C. §7, CR-1 Visa, CR1 Visa, Defense of Marriage Act, E 2 Visa, EB-1 visa, EB-2 Visa, EB-3 Visa, EB-4 visa, EB-5 Visa, equal protection clause, exceptional ability, foreign entrepreneurial talent, former solicitor general Paul D. Clement, Full Faith and Credit, Full Faith and Credit Clause, heterosexual definition of marriage, IR-1 Visa, IR1 Visa, K-1 Visa, K1 Visa, L-1 visa, LGBT Equality, Representative Jerrold Nadler, Respect for Marriage Act, RFMA, Same Sex Bi-National Couples, Same Sex Marriage, Secretary of Homeland Security Janet Napolitano, Startup America, startup companies, U.S. Citizenship and Immigration Services, U.S. Supreme Court, uafa, Uniting American Families Act, USCIS, USCIS Director Alejandro Mayorkas, Windsor v. United States
Posted in Department of Homeland Security, E2 Visa, EB-1 Visa, EB-2 Visa, EB-3 Visa, EB-4 Visa, EB5 Visa, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, L1 Visa, same sex visa | No Comments »

In a previous posting this blogger discussed issues associated with the EB-2 visa. On the same note, the following posting is a brief discussion of the Employment Based visa in the preference category 3. Readers should take note of the fact that Employment Based visa categories, classified as EB, are substantially different from the E-1 visa and the E-2 visa which are Treaty Trader and Treaty Investor visas, respectively, and somewhat dissimilar from employment based visas.  To quote directly from the official USCIS website, USCIS.gov:

The administration of this web log strongly encourages readers to keep in mind that the chart above is not an exhaustive explanation of the criteria associated with EB-3 visa issuance, but should merely be viewed as a brief overview of eligibility criteria for those thinking about petitioning for EB-3 visa benefits. The criteria for EB-3 visa issuance differ from the EB-1 visa and EB-2 visa criteria by some degree especially in the case of the EB-1 visa as that visa category is generally reserved for extraordinary recipients.

Those pondering petitioning for United States immigration benefits such as the EB-3 visa should bear in mind that the petition adjudication process is not necessarily the only phase of what could be a longer overall process if the proposed beneficiary resides outside of the United States and therefore must submit a US visa application and undergo Consular Processing at a US Embassy or US Consulate abroad.

For related information please see: American Embassy.

Tags: American Consulate, American Embassy, Consular Processing, E 2 Visa, E-1 Visa, EB-1 visa, EB-2 Visa, EB-3 Visa, EB1 visa, EB2 Visa, EB3 Visa, Employment-Based Immigration: Third Preference EB-3, Labor certification, Other Workers, Professionals, Skilled Workers, Treaty Investor, Treaty Trader, U.S. baccalaureate degree, Unskilled Workers, US Consulate, US Embassy
Posted in EB-3 Visa | No Comments »