Integrity Legal

Although it is not an issue which most people wish to think about, the fact remains that each year many people are denied United States Immigration benefits. From Thailand, it is not entirely uncommon to see Thai nationals with improper documentation being turned away at the US port of entry. In many cases, those trying to enter the USA are given the opportunity to exercise the option to voluntarily depart the United States.

The legal act of Voluntary departure allows an alien, who could otherwise be deported or removed, to leave the United States of America at their own cost within a specified period of time and thereby avert an order of deportation or removal.  That being said, in certain cases voluntary departure is not a viable legal option.

Voluntarily departing the United States of America is more desirable from an Immigration standpoint when compared to being forced to leave the USA pursuant to an order of deportation.  Should an immigrant (or non-immigrant) be subjected to an order of removal (deportation) he or she might be precluded from coming back the United States of America for as long as a decade and could be subject to criminal and civil sanctions if he or she reenters without first obtaining appropriate legal authorization.  Should the immigrant depart the United States voluntarily within the time frame ordered by the judge or offered by the Immigration officer, then he or she will not be estopped from legally reentry to the United states at some point in the future. It should be noted that a person who has a removal order on his or her record is not allowed to apply for removal cancellation, adjustment of status and/or any other United States immigration benefits for certain statutorily prescribed periods.

Cases involving voluntary departure often arise when a Thai is using an improper visa to try to enter the US. This is especially common for those who try to use a US tourist visa, but have obvious immigrant intent. For instance, Thai women who are going to the the United States on a US tourist visa to visit their fiancee could be turned away because the Immigration officer feels they should obtain a K1 visa for such a purpose.  Technically, Customs and Border Patrol (CBP) have the authority to put the prospective entrant through expedited deportation, but in some cases they will simply allow the visa holder to depart of their own volition.

In order to forestall the need for voluntary departure, to avoid the possibility of expedited deportation, and simply to be ethical, it is never wise to dishonestly apply for a US tourist visa, student visa, US business visa, or Exchange visitor visa when the applicant intends to travel to the USA for the purposes of marriage and adjustment of status.

(This is not to be used as competent advice on the law. No attorney-client relationship should be inferred from reading this piece.)

Tags: American Visa Thailand, Fiancee Visa, Immigration rules, K1 Visa, K1 Visa Thailand, US Tourist Visa, US Visa, US Visa Thailand
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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
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For those seeking to obtain a USA Visa from Thailand, it is almost inevitable that the United States Citizenship and Immigration Service (USCIS) will be involved in the process. That being said, depending upon the visa being sought, USCIS may play less of a direct role in the initial process.

The United States Citizenship and Immigration Service has had an interesting recent history. Currently, the office is under the administrative jurisdiction of the Department of Homeland Security. USCIS former acronym was INS which stood for the Immigration and Naturalization Service. In the aftermath of  September 11, 2001 it was decided that the services provided by INS could be better facilitated under the aegis of the Department of Homeland Security and INS was folded into that agency. For a time, the United States Citizenship and Immigration Service was known simply as the Bureau of Citizenship and Immigration Services (BCIS), but the acronym and name was officially changed to the current form on October 13, 2004.

For Immigrant visas that confer either conditional or unconditional lawful permanent residence (Greencard) to an alien upon entry, USCIS will play a major role in adjudicating the I-130 visa application. In certain instances where the United States Citizen has been living in the Kingdom of Thailand for a specified period of time, it may be possible to locally file an I-130 application at the USCIS office in Bangkok. This procedure is sometimes mistakenly called “Direct Consular Filing,” but, in point of fact, this appellation is misapplied. A direct consular filing can only occur at a consular section when a United States consular officer at a US Embassy or Consulate General accepts a visa application that has not first been adjudicated by USCIS either in the United States or at an office abroad. In Thailand, it is very rare for a consular officer at the US Embassy in Bangkok or the Consulate General in Chiang Mai to accept a visa application directly because there is a large local USCIS office in Bangkok.

For those making a K-1 visa application, it will be necessary to file the application at a USCIS service Center in the United States. The United States Citizen petitioner’s residence will determine what service center should be used when submitting the initial application.  For those unfamiliar with the K-1 visa, it is a fiance visa designed to allow an American’s foreign fiance to come to the USA for the purpose of marriage.

For those making a K-3 visa application, the I-129f application must be sent to a USCIS service center and not the Chicago Lockbox. The K-3 visa was designed as an expedited marriage visa for spouses of American Citizens.

F-1 visa applications and J-1 visa applications are generally submitted directly to the United States Embassy with jurisdiction over the applicant’s place of residence. US Tourist Visa applications are also submitted directly to the US Embassy.

(This is intended for educational purposes only, it is not legal advice. For Legal advice about Immigration law, contact a visa lawyer. No attorney client relationship is created between the author and any reader of this piece.)

Tags: American Visa Thailand, Green Card, K-1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, K3 Visa Thailand, US Tourist Visa, US Visa Thailand, USA Visa Thailand, USCIS
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One of the most prevalent advertising incentives utilized by people claiming to be a “visa agent,” “immigration consultant,” or “lawyer,” is the 100 percent guarantee that a visa will be issued. A variation on this scheme  is also the 100% money back guarantee if the visa is not obtained.

The most common visa category in which people run into these “guarantees” is the K-1 visa. When doing research regarding US Immigration Lawyers in Thailand, prospective petitioners and beneficiaries come across something that is seemingly too good to be true: a no-lose situation. The “agent,” does all of the work and should the visa be denied the fee will be refunded.

Sounds great right? Except for the fact that it really is too good to be true. First, no one can guarantee a visa will be obtained. Let me make this clear: NO ONE CAN GUARANTEE THAT A VISA WILL BE OBTAINED. Much like any other field of law, US Immigration has success and failure and there is a common incorrect belief that a marital, or intended marital, relationship with an American citizen gives the Thai spouse or fiancee the “right” to a marriage or fiance visa. Although an American Citizen does have the right to marry or date whomever they please, this relationship does not, in itself, create a right to United States Immigration benefits. Therefore, no visa guarantee can honestly be made regarding United States Immigration and visa regulations or how United States consular officers and USCIS adjudicators will interpret those regulations.

I have seen many cases in Thailand where an “agent” or “lawyer,” provided a 100% money back guarantee, failed to obtain a visa for his client, and did not subsequently provide a refund.

In the same vein as the 100% Guarantee is the notion that some “agents” have a special relationship with the US Embassy in Bangkok with regard to visa matters. In reality, no one has any type of special pull with Embassy and consular officials. In fact the US Embassy will occasionally comment regarding this phenomenon, if for no other reason than to explain that no person or organization has any special influence regarding Immigration or visa obtainment matters.

Although it is true that currently the US Embassy in Thailand will allow licensed American attorneys to present follow up documentation if a US visa is denied based upon section 221g of the US Immigration and Nationality Act, Embassy policy dictates that only the visa applicant may be present for the visa interview. Further, simply being able to present follow up documentation does not connote any sort of “special relationship,” but merely a policy decision.

(This posting doesn’t constitute legal advice. No attorney-client relationship should be inferred from reading this posting.)

Tags: 100% Guarantee, American Visa Thailand, K-1 Visa Guarantee, K-1 Visa Lawyer, K-1 Visa Thailand, K1 Visa Guarantee, K1 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand, Visa Guarantee
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Even with the current economy in a somewhat less-than-perfect state, the United States of America still boasts some of the best educational centers in the world. The United State has a great many post-secondary academic institutions and many of these institutions are considered by instructors, teachers, and professors to be the pinnacle of learning in the specialized fields on offer. As a result of America’s fairly unique position as a center of learning, many people from all over the world seek to travel to American in order to study. For nationals of many countries, traveling to the United States of America can a bit difficult, particularly if their country of origin is not a party to the US visa waiver program.

Citizens of the Kingdom of Thailand are unable to travel to the United states visa-free. As a result, any Thai national who wishes to travel to the United States to study must obtain a United States Student Visa, known in immigration circles by its categorical name: the F1 visa. The F1 visa is a non-immigrant visa, meaning that those traveling to the United States on an F-1 do so with the express intention to leave at the end of the visa’s validity.  Those who wish to apply for a US student visa must prove that they have the financial resources to pay for their entire stay in America without needing to resort to government assistance. Further, the applicant must prove that they are traveling to America to take up a bona fide course of study.

Many American’s who have a Thai loved one seek to obtain an F-1 student visa for the purpose of sidestepping the necessity of waiting for a US Family based visa petition to process. In comparison to even a K-1 visa (the US fiance visa that currently is the most expeditious family based visa that has inherent immigrant intent), the F-1 visa has a much shorter processing time. That being said, those who enter the United States of America on a non-immigrant visa, but in fact have immigrant intentions could be subject to criminal penalties as this course of action could be perceived as an attempt to provide false information to United States Immigration officials. Knowingly providing false information to American Immigration authorities could be construed as fraud and, at the least, would very likely result in a finding of legal inadmissibility against the immigrant. As a rule, it is always better for those wishing to travel to the United States to do so on the visa that most properly conveys the immigrants intentions.

For more information please see: US Visa Lawyer Thailand

(Nothing herein should be considered legal advice. For advice about the law, contact an attorney. No attorney/client relationship is made by reading this article.)

Tags: American Student Visa, American Visa Thailand, F-1 Visa, F1 Visa Thailand, K-1 Visa, K1 Visa Thailand, US Student Visa, US Visa Thailand
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