Integrity Legal

Those who are regular readers of this blog will no doubt be aware that the issue of 221(g) denials promulgated in relation to visa applications brought before at US Missions, Embassies, and Consulates outside of the United States can be very concerning for those seeking American Immigration benefits for a foreign loved one. In the case of the US Embassy in Vietnam, most US family visa cases are processed out the US Consulate in Ho Chi Minh City. It would seem that the American Consulate in HCMC is considered by State Department officials to be a “high volume” Post as a significant number of visa applications are adjudicated in that jurisdiction each year. Meanwhile, as is the case for any US Mission abroad, the officers at the US Consulate in HCMC take visa fraud seriously and therefore heavy scrutiny is placed upon pending visa applications in an effort to ensure that those receiving visa benefits are legally entitled to such benefits. Furthermore, Consular Officers also review US family visa applications very carefully in order to ascertain whether or not a prospective foreign beneficiary has the requisite subjective intent. Subjective intent is often of great concern in K1 visa applications as the applicant must have a genuine intention to marry their American fiance within 90 days of entering the USA.

The culmination of the US visa process is usually the visa interview which is generally conducted at the US Mission with Consular jurisdiction to adjudicate the visa application. However, in some cases, a Consular Officer may feel that further documentation is necessary in order to complete the adjudication. The American State Department refers to the 221(g), which is a reference to section 221(g) of the United States Immigration and Nationality Act, as a refusal although for purposes of the Department of Homeland Security the 221g is considered a denial. This can be an important distinction for foreign nationals holding the passport of a country which participates in the US Visa Waiver Program as the United States Customs and Border Protection Service (USCBP) considers 221g refusals to be denials which must be disclosed by travelers through the Electronic System for Travel Authorization (ESTA). It should noted that Vietnam is not currently a participant in the Visa Waiver Pilot Program.

In some cases, 221g denials are highly complex and may cause frustration to the applicant and/or their American counterpart. Some find that attorney assistance can be beneficial. An American Immigration attorney can provide insight into the overall process and also assist in making a follow-up with the US Consulate regarding a 221g denial. Furthermore, American Immigration attorneys based in South East Asia can deal with such matters before the Consulate in real time. This can be especially beneficial if the 221g evolves into a situation in which the visa application is denied due to a legal finding of inadmissibility. This can sometimes occur and in such an event the finding of inadmissibility may only be overcome through use of an I-601 waiver. In some cases, there may be no remedy if the applicant is found inadmissible for reasons that cannot be waived. Those thinking about filing for immigration benefits should always be aware that putting on the best case at the outset is the most efficient way of attempting to ensure visa issuance.

For related information please see: US Visa Vietnam or US fiance visa.

Tags: 221 (g), 221(g) refusal, 221g, 221g denial, 221g Vietnam, American Visa Denial Vietnam, American Visa Vietnam, Electronic System for Travel Authorization, ESTA, I-601, I-601 Waiver, I-601 Waiver US Consulate HCMC, I-601 Waiver US Embassy Vietnam, I-601 Waiver Vietnam, I601, I601 Waiver, K-1 Visa, K-1 Visa Vietnam, K1 Visa, K1 Visa Vietnam, US Consulate HCMC, US Consulate HCMC 221g, US Consulate Vietnam, US Embassy Hanoi, US Embassy Vietnam, US Embassy Vietnam 221g, US Family Visa, US Fiance Visa, US fiance visa Vietnam, us visa denial, US Visa Denial Ho Chi Minh City, US Visa Denial Vietnam, US Visa Denied, US Visa Denied Vietnam, US Visa Vietnam, Visa Waiver Pilot Program
Posted in CR1 Visa, Department of Homeland Security, I-601 Waiver, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, US Consulate HCMC, US Embassy Hanoi, US Embassy Vietnam, US State Department, US Visa, US Visa and Immigration, USCBP, USCIS, Visa Waiver | No Comments »

Recently, this blogger was reading a report from the Department of State regarding the statistics pertaining to the United States Visa Process. To quote the report directly:

Immigrant visa issuances during fiscal year 2011 are limited by the terms of INA 201 to no more than 226,000 in the family-sponsored preferences and 140,000 in the employment-based preferences. (Visas for “Immediate Relatives” – i.e., spouses, unmarried children under the age of 21 years, and parents – of U.S. citizens are not subject to numerical limitation, however.) It should by no means be assumed that once an applicant is registered, the case is then continually included in the waiting list totals unless and until a visa is issued. The consular procedures mandate a regular culling of visa cases to remove from the count those unlikely to see further action, so that totals are not unreasonably inflated. If, for example, a consular post receives no response within one year from an applicant to whom the visa application instruction letter (i.e., the consular “Packet 3″ letter) is sent when the movement of the visa availability cutoff date indicates a visa may become available within a reasonable time frame, the case is considered “inactive” under the consular procedures and is no longer included in waiting list totals.

It has be routinely noted on this blog and elsewhere online that the American visa process is somewhat restrictive when it comes to non-immediate relative petitions as there are limited numbers of visas available to the immediate family of American lawful permanent residents and the non-immediate relatives of American Citizens. That said, this was not the portion of the above citation that this author felt was noteworthy. Instead, a central issue for this blogger is that of “culling visa cases”. For those who do not have a great deal of experience dealing with US Immigration matters it may seem rather heavy handed to simply cancel a visa file. However, it should be pointed out that a US Embassy or US Consulate abroad is responsible for reviewing, adjudicating, and processing a large number of visa applications each year. Therefore, in the name of organization and efficiency it is often necessary for cases to be removed from the processing queue lest the whole system become overloaded and inefficient.

Those wishing to obtain a visa to the USA should be cognizant of the fact that failure to follow up with the US Mission with Consular jurisdiction could result in the canceling of one’s visa application thereby resulting in an end to the entire proceeding. This is also true for those who receive a 221g denial as failure to respond within one year of the denial’s issuance could result in the culling of the case file.

Some find that the assistance of an American Immigration attorney can be highly beneficial as such an individual can provide insight into and assistance with the United States visa process. Furthermore, American attorneys working overseas can provide real time assistance with Consular processing at American Missions abroad.

For related information please see: Consular Processing.

Tags: Administrative Processing, American Consulate, American Embassy, American Institute, American Visa Process, Consular Processing, culling visa cases, US Consulate, US Embassy, US Immigration, US Mission, US Visa, US Visa Process, Visa Process
Posted in American Institute Taiwan, 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, US Citizenship, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »

The administrator of this blog recently came across a press release from the United States Mission in India. The following is quoted directly from the press release as distributed by the American Immigration Lawyers Association (AILA):

New Delhi – In an effort to make the visa application process more convenient for all Indians, the U.S. Embassy in New Delhi and Consulates General in Mumbai, Chennai, Kolkata and Hyderabad now accept visa applications from across India at all visa facilities, regardless of the applicant’s home address or city of residence. This is part of Mission India’s ongoing effort to facilitate legitimate travel to the United States.

Following the opening of Consulate General Hyderabad in 2008, the U.S. Mission has looked for ways to best capture the dynamism of India’s growth across the nation. As a result, we also redesigned our consular districts. Therefore, effective immediately, our consular districts will be reorganized as follows: Embassy Delhi: Bihar, Delhi, Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttarakhand, Uttar Pradesh, Bhutan; Consulate Mumbai: Goa, Gujarat, Madhya Pradesh, Maharashtra, Diu and Daman, and Dadra and Nagar Haveli; Consulate Hyderabad: Andhra Pradesh, Orissa; Consulate Chennai: Karnataka, Kerala, Puducherry, Lakshadweep, Tamil Nadu, Andaman and Nicobar Islands; Consulate Kolkata: Arunachal Pradesh, Assam, Chhattisgarh, Jharkhand, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, West Bengal

U.S. Ambassador to India Timothy J. Roemer said, “With these changes, we believe our Consulates General and our Embassy in New Delhi will be even better positioned to support and serve Indian visa applicants, as well as American citizens and businesses throughout India.”

Actions such as those noted above can have a tremendous positive impact upon those Indian Nationals seeking United States Immigration benefits as the ability to process such travel documents at any Post in India generally results in a great deal more convenience compared to the policy of keeping Consular jurisdictions mutually exclusive.

Each year, many Indian Nationals seek visa benefits of the United States of America. While some may seek US family visa benefits in order to reunite with loved ones. Other applicants seek non-immigrant visas for short terms stays in the USA. Still others seek employment based visas to the US such as the L1 visa. Meanwhile, there are some who opt to seek United States Permanent Residence by investment through use of the EB-5 visa program.

Policies such as the aforementioned one adopted by the US Mission in India should be applauded as this shows a sincere effort on the part of the Mission in India to take measures which may be beneficial to those seeking visas to America.

For related information please see: EB-5 Visa India.

Tags: American Embassy India, American Immigration India, American Mission India, American Visa India, Consular Processing, Consular Processing India, CR1 Visa India, E1 Visa India, E2 Visa India, EB-5 Visa India, EB-5 Visa Program, IR1 Visa India, K1 visa India, K3 Visa India, L1 Visa, L1 Visa India, United States Visa India, US Embassy India, US Immigration India, US Mission India, US Visa India, US Visa Process, US Visa Process India
Posted in CR1 Visa, E1 visa, E2 Visa, EB5 Visa, IR1 Visa, J1 visa, K1 Visa, K2 Visa, K3 Visa, L1 Visa, Legal Opinion, National Visa Center, US Consulate Chennai, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Embassy India, US Embassy New Dehli, US State Department, US Tourist Visa, US Visa, US Visa and Immigration | No Comments »

In an effort to provide clarity to those interested in the United States Immigration process the administration of this blog routinely posts the estimated processing times of the service centers of the United States Citizenship and Immigration Service (USCIS). USCIS is tasked with adjudicating immigration petitions and applications for those seeking visa or immigration benefits. The following was quoted directly from the official website of USCIS:

Those seeking information about the US visa process should note that the USCIS processing times do not take into consideration processing at the United States National Visa Center nor the United States Mission, Embassy or Consulate overseas where the alien national may be processing their visa application. Consular processing times and NVC processing times generally depend upon the caseload of the US Embassy or US Consulate adjudicating the visa application.

Tags: American Visa Processing Time, CR-1 Visa Processing Time, I-129f, I-130, IR-1 Visa Processing Time, K-1 Visa Processing Time, K-3 Visa Processing Time, K1 visa processing time, K3 Visa processing time, National Visa Center, NVC, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Visa Processing Time, USCIS
Posted in American Institute Taiwan, 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, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In recent weeks, some websites have been abuzz with information pertaining to a recent memorandum from the United States Citizenship and Immigration Service (USCIS) which discussed Social Media platforms and their relevance in the context of United States Immigration.  To quote sections of the memo directly, as posted on the EFF.org (Electronic Frontier Foundation) website:

The Internet has made it increasingly easier for people to get connected with each other whether that is with long-distance family, fiiends [sic], or to find new loves and friendships. Social networking sites such as MySpace, Facebook, Classmates, Hi-5, and other similar sites are designed to allow people to share their creativity, pictures, and information with others. Sometimes people do this to find romance, sometimes they do it to find fiiends [sic] with similar interests, and sometimes they do it to keep in touch with family…This provides an excellent vantage point for FDNS to observe the daily life of beneficiaries and petitioners who are suspected of fraudulent activities. Generally, people on these sites speak honestly in their network because all of their friends and family are interacting with them via lM’s (Instant Messages), Blogs (Weblog journals), etc. This social networking gives FDNS an opportunity to reveal fraud by browsing these sites to see if petitioners and beneficiaries are in a valid relationship or are attempting to deceive CIS about their relationship.

Visa and Immigration Fraud are fundamental concerns of the Department of Homeland Security, the USCIS, and Fraud Detection and National Security (FDNS). Therefore, investigation into the bona fides of a relationship that is the basis for submission of a visa petition can be rather routine in circumstances where a United States Citizen or Lawful Permanent Resident has submitted a petition for immigration benefits on behalf of a foreign loved one. That said, the implications of USCIS’s monitoring social media sites can be somewhat unnerving for many as evidenced by a recent quote from a blog post on the ImmigrationEquality.org website:

While we would never encourage anyone to engage in immigration fraud, it is disturbing to think of government officials “friending” unknowing immigrants to use the information in their personal posts against them. In these times of technology speeding forward, it’s important to remember that when you post anything on a public site you have to anticipate that it could be used against you.

Immigration fraud is a serious issue as the integrity of United States immigration law must be upheld both by those seeking immigration benefits and those adjudicating immigration petitions. New technologies offer new ways to stay connected to friends, family, and loved ones in a global context.  However, comments made on social media sites which may seem innocuous or humorous to an online poster at the time of a comment’s posting could be taken out of context by immigration adjudicators who are not personally acquainted with the person or persons making such comments. At the end of the day, the main themes that may be gleaned from the recent revelation of this memo: DO NOT EVER attempt to defraud the U.S. government in an attempt to obtain immigration benefits and even those seeking immigration benefits for bona fide reasons should be cognizant of the fact that information posted on social media websites could, at some point, be heavily scrutinized by immigration officers and/or adjudicators.

For related information please see: US Visa Processing Time or I-601 waiver.

Tags: American Family Immigration, American Immigration, American Visa, Classmates, CR1 Visa, Department of Homeland Security, DHS, EFF.org, Facebook, FDNS, Fraud Detection and National Security, Hi-5, I-601 Waiver, ImmigrationEquality.org, IR1 Visa, K1 Visa, K3 Visa, MySpace, United States Immigration, United States Visa, US Immigration, US Visa, USCIS "friending", USCIS Social Media Monitoring
Posted in Adjustment of Status, American Institute Taiwan, CR1 Visa, Department of Homeland Security, Fiance Visa Thailand, General Legal Information, I-601 Waiver, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

This blog routinely discusses the ramifications of the National Visa Center’s policy regarding so-called administrative closure of K-3 visa applications. In order to understand how the “Administrative closure” policy can have a significant impact upon the US visa process it is best to understand how the K3 visa process works in the context of a foreign, in this blog post; Chinese, spouse.

The traditional method of obtaining a US Visa for a Chinese spouse was through petitioning for an Immigrant visa based upon the Chinese-American couple’s marital relationship. Although, in the later part of the last century, the processing time for immigrant spouse visas was becoming quite high due to a backlog at the United States Citizenship and Immigration Service (USCIS). In an effort to deal with the backlog problem the United States Congress, along with President William Jefferson Clinton promulgated legislation commonly referred to as the “Life Act”. The language of this statute created the travel document known now as the K3 visa. It should also be pointed out that the K-4 visa was also created by the legislation. The K-4 visa, like the K-2 visa associated with the K1 visa, is a derivative visa intended for the children of K-3 visa holders. Since the creation of the K-3 visa the backlog of immigrant spousal visa petitions at USCIS has decreased dramatically.Those seeking K3 visa benefits must file a supplemental visa petition subsequent to the filing of the initial immigrant visa petition.

In 2010, the US State Department’s National Visa Center (NVC) issued a new policy stating that all K-3 visa applications would be “administratively closed” if the underlying immigrant visa petition arrived at NVC with, or before, the supplemental K-3 petition. There are many who are quick to point out that the purpose of the K-3 visa is effectively negated once the immigrant visa receives adjudication and therefore the administrative closure policy makes sense from an efficiency perspective. Regardless, this policy has likely lead to many bi-national Chinese-American couples to seek immigrant visa benefits where once they may have pursued K-3 visa benefits. Those who submit an application for immigrant visa benefits may receive either a CR-1 visa or an IR-1 visa if their application is approved. Those who enter the United States in CR-1 visa status are considered conditional lawful permanent residents upon lawful admission to the USA while those admitted to the United States in IR-1 status are considered unconditional lawful permanent residents.

Fore related information please see: K3 Visa China or for information pertaining to Consular Processing please see: US Embassy China.

Tags: American Immigration China, American Visa China, CR-1 Visa China, CR1 Visa China, IR-1 Visa China, IR1 Visa China, K-1 Visa China, K-3 Visa China, K1 Visa China, K3 Visa China, Marriage Visa China, National Visa Center, US Embassy China, US Immigrant Visa China, US Immigration China, US Marriage Visa China, US Visa China, USA Visa China
Posted in CR1 Visa, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, National Visa Center, US Consulate ChengDu, US Consulate Guangzhou, US Consulate Shanghai, US Consulate Shenyang, US Consulate Wuhan, US Embassy Beijing, US Embassy China, US State Department, US Visa, US Visa and Immigration, USCIS | No Comments »

Those American Citizens with Indian husbands or wives often research issues surrounding the US K-3 marriage visa category in an effort to make informed decisions about American travel documentation. Although the term “K-3 visa” has become a common buzzword used as a colloquial synonym for US Marriage Visa on the World Wide Web, the K-3 category was not always the widely utilized travel document for Indian-American couples reuniting in the United States as the Immigrant visa categories often referred to as CR-1 and/or IR-1 visas were once the only travel documents available to the spouses of American Citizens wishing to take up residence in the USA (note: the IR-1 visa category predates the CR-1 visa category as conditional lawful permanent residence status has not always been imposed upon foreign spouses of US Citizens married less than 2 years).

There was a rather significant backlog of Immigrant visa petitions at the agency now commonly referred to as the United States Citizenship and Immigration Service (USCIS) when the K3 visa category was created by Congressional legislation sometimes called the “Life Act” which was signed and executed by President William Jefferson Clinton prior to leaving office toward the end of his term (the K-4 visa, similar to the K2 derivative visa attached to the K1 visa, was a derivative visa category also created by the “Life Act” to be utilized by the children of an Indian K-3 spouse).

Currently, the United States Citizenship and Immigration Service does not have the backlog that it once had of Immigrant spousal visa petitions. As a result, the K-3′s utility has been increasingly marginalized as the estimated processing time for CR-1 visa petitions and IR-1 visa petitions has decreased. Relatively recently, the American State Department’s National Visa Center (NVC) promulgated the policy that K-3 visa applications would be administratively closed if and/or when the adjudicated immigrant visa petition arrives at NVC before or with the supplemental K-3 visa petition. This policy has likely lead to some Indian-American married couples to seek Immigrant visa benefits rather than K-3 visa benefits as “administrative closure” precluded further processing of the K-3 visa petition and application.

Those interested in the K3 visa process or the Immigrant visa process are well advised to research all options prior to making any irrevocable decisions. Furthermore, those seeking immigration advice and/or representation should check the credentials of those claiming expertise in American immigration matters as only licensed American attorneys may practice American immigration law pursuant to U.S. law.

Fore related information please see: K3 Visa India or K1 Visa India.

Tags: American Immigration India, American Marriage Visa, K-1 Visa India, K-3 Visa, K-3 Visa India, K1 visa India, K1 Visa Process, K3 Visa, K3 Visa India, K3 Visa Process, US Immigration India, US Marriage Visa, US Visa India, USA Marriage Visa, USA Visa India
Posted in CR1 Visa, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, National Visa Center, US Consulate Chennai, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Embassy India, US Embassy New Dehli, US State Department, US Visa, US Visa and Immigration, USCIS | No Comments »

Although the topic of K-3 visa applications and “administrative closure” by the United States National Visa Center has been a highly discussed topic in recent postings on this web log it is important to note as it can have a tremendous impact upon the K3 visa process. The K3 visa process is often researched by those United States Citizens wishing to obtain a US Marriage Visa for their Malaysian husband or wife. Although the term “K3 visa” has been used colloquially to describe an American spousal visa on the internet, this is not really the classic method of obtaining marriage visa benefits for the spouse of an American. In reality, submitting the petition to obtain CR1 Visa and/or the IR1 Visa benefits has historically been the commonly followed route to bringing a spouse to the USA.

At one time, the United States Citizenship and Immigration Service (USCIS) had such a substantial backlog of marriage visa petitions that the United States Congress and President William Jefferson Clinton enacted legislation commonly referred to as the “Life Act” in an effort to create, among other things, an expedited marriage visa. As a result, the K3 visa category was promulgated. The K4 visa is a derivative visa category intended to be utilized by the children of a K3 visa holder, it is somewhat similar to the K2 visa in the context of the K1 visa process. Approximately ten years after the creation of the K3 visa, USCIS no longer had the processing backlog it once had for marriage visa petitions. This lead to a situation where the National Visa Center was receiving Immigrant visa applications before or with the supplemental K3 application. It would seem that a decision was made to “administratively close” K3 visa applications where the Immigrant visa application arrived before or with the supplemental application. The reason for this policy would seem to be that the K3 visa’s utility is rather negated if the Immigrant visa petition has already been adjudicated.

Those thinking about bringing their Malaysian husband or wife to the USA are well advised to conduct research in an effort to make an informed decision about which type of benefits best suit the needs of the parties. It should also be noted that only a licensed American attorney is qualified to provide US Immigration advice or represent clients before the Department of Homeland Security or its constituent agencies such as USCIS, USCBP, or USICE pursuant to the United States Federal Code. Therefore, those thinking of retaining professional assistance for the immigration process are well advised to check the credentials of anyone claiming expertise in American immigration matters.

For related information please see: K1 Visa Malaysia or K3 Visa Malaysia.

Tags: American Attorney, American Marriage Visa Malaysia, American Visa Malaysia, CR-1 Visa Malaysia, CR1 Visa, CR1 Visa Malaysia, IR-1 Visa, IR-1 Visa Malaysia, IR1 Visa, IR1 Visa Malaysia, K-1 Visa Malaysia, K-2 Visa, K-2 Visa Malaysia, K-3 Visa Malaysia, K-4 visa, K-4 Visa Malaysia, K1 Visa Malaysia, K2 Visa, K2 Visa Malaysia, K3 Visa, K3 Visa Malaysia, K4 Visa, K4 Visa Malaysia, US Marriage Visa, Us Marriage Visa Malaysia, US Visa Malaysia
Posted in CR1 Visa, Department of Homeland Security, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, National Visa Center, US Embassy Kuala Lumpur, US Embassy Malaysia, US State Department, US Visa, US Visa and Immigration, USCBP, USCIS, USICE | No Comments »

Those who have read some of the blog will no doubt note that this administration often posts information about the K3 visa process and the overall impact of administrative closing of K3 visa applications by the US State Department’s National Visa Center. Many American Citizens who have a Laotian husband or wife pose the question: “Can I get a K3 visa for my wife (or husband) to reunite with me in the USA?” The answer to this question, at the time of this writing, is a rather qualified: no. However, a brief overview of the K3 visa and the recent changes to the K3 visa process may enlighten those who are researching this issue on their own for the first time.

At one time, the United States Citizenship and Immigration Service (USCIS) had a substantial backlog of immigrant spouse visa petitions. This lead to a situation in which it could take as long as 3 years to receive USCIS adjudication of a mere immigrant spousal visa petition filed by an American Citizen. Due to this rather untenable situation, the United States Congress and President William Jefferson Clinton promulgated and executed a piece of legislation commonly referred to as the “Life Act”. Under the provisions of the Life Act, the K3 visa category and the K4 visa category were created (The K4 visa is a derivative visa for the children of foreign spouses similar to the derivative K2 visa which can be “piggybacked” onto a K1 visa application). At the time, the K3 visa was greeted by many as a severely needed stopgap solution to a rather pernicious problem: slow processing of classic immigrant visa petitions. In recent years, the USCIS has gone to great lengths to streamline the adjudication process and thereby decrease the time it takes to see an immigrant spouse visa petition adjudicated. As a result, many adjudicated immigrant visa petitions began arriving at the National Visa Center at the same time as their K3 counterparts. At one point, it would appear that a decision was made to “administratively close” K3 visa applications when the Immigrant petition arrives either before or at the same time as the K3 petition. This leads to a situation where American-Lao bi-national couples are compelled to seek immigrant visa benefits rather than K3 visa benefits. It should be noted that immigrant visa benefits are substantially superior to K3 visa benefits as immigrant visas confer lawful permanent residence upon the bearer at the time of his or her entry into the United States. Whereas the K3 visa is simply a non-immigrant spouse visa. Therefore, those entering the USA in K3 status must either file for an adjustment of status or Consular Process their immigrant visa petition at a US Embassy or US Consulate outside of the USA.

The term “K3 visa” has sort of become the buzzword used to refer to a US Marriage Visa over the internet. In point of fact, the classic travel documents used by Lao spouses to reunite with their American counterparts are referred to as either the CR1 Visa or the IR1 Visa. Depending upon a bi-national couple’s circumstances such travel documents may confer either conditional or unconditional lawful permanent residence upon admission to the USA.

For related information please see: K1 Visa Laos or K3 Visa Laos.

Tags: administrative closing, Administrative Closure, American Consulate Laos, American Embassy Laos, American Marriage Visa, American Marriage Visa Laos, CR-1 Visa Laos, CR1 Visa Laos, Fiance Visa Laos, IR-1 Visa Laos, IR1 Visa Laos, K-1 Visa Laos, K-3 Visa Laos, K1 Visa Laos, K3 Visa Laos, National Visa Center, NVC, United States Citizenship and Immigration Service, Us Consulate Laos, US Embassy Laos, US Marriage Visa, US Marriage Visa Laos, USCIS
Posted in Adjustment of Status, CR1 Visa, IR1 Visa, K1 Visa, K3 Visa, US Embassy Laos, US State Department, US Visa, US Visa and Immigration, USCIS | No Comments »

This blog frequently discusses American Immigration matters in a country-specific context in order to provide insight to those researching US Immigration issues for the first time. Some are not aware that in 2010 the United States National Visa Center (an agency under the jurisdiction of the US Department of State) promulgated the policy that K3 visa applications would be “administratively closed” if the underlying immigrant visa petition arrived at NVC prior to, or at the same time as, the K3 Visa petition.Those researching this issue for the first time may find a brief overview of the K3 visa’s history insightful as this may shed light upon the possible reasoning behind the “administrative closure” policy.

At one time, there was a rather large backlog of Immigrant spouse visa petitions (petitions for visas now classified as either a CR1 Visa or an IR1 Visa) at the United States Citizenship and Immigration Service (USCIS). Therefore, the United States Congress and President William Jefferson Clinton promulgated and executed legislation colloquially referred to as the “Life Act”. This statute effectively created the visa category known as the K-3 (for derivative dependents the visa category is a K-4 which is similar to the K-2 derivative visa associated with a K1 visa or fiance visa). Since the creation of the K-3 visa, the USCIS has cut down their backlog to the point where immigrant visa petitions are being adjudicated within a matter of months. As a result, there was a rather brief period of time in which USCIS was adjudicating immigrant visa petitions faster that K3 visa petitions. In any case, once USCIS has made their adjudication, such petitions are then sent to the NVC where they are the forwarded on to the US Mission, US Embassy, or US Consulate with appropriate jurisdiction for Consular Processing. At some point, a decision was made to “administratively close” K3 visa applications when the underlying immigrant visa petition arrives at NVC before, or contemporaneously with, the immigrant visa petition. In practical terms, this means that if the adjudicated immigrant visa petition arrives at NVC before the K3 petition, the K3 will be effectively set aside and the bi-national couple will be compelled to proceed with the immigrant visa process.

In a way, this policy makes some sense as the K3 visa’s utility is somewhat negated by the contemporaneous processing of an immigrant visa. As a result, at the time of this writing, there are many who feel that the K3 visa is not a particularly viable option for those Americans wishing to bring their Taiwanese husband or wife to the USA. It should be noted that the K3 visa was always a non-immigrant visa meaning that it did not confer lawful permanent residence upon the bearer when admitted to the USA. Those arriving in the USA on a K3 could choose to either consular process their immigrant visa application or file for adjustment of status in the USA.

For related information please see:  K1 Visa Taiwan or US Marriage Visa.

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Posted in Adjustment of Status, CR1 Visa, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, National Visa Center, US State Department, US Visa, US Visa and Immigration, USCIS | No Comments »