Integrity Legal

The United States Citizenship and Immigration Service is preparing the unveiling of a newly designed webpage to replace the one currently found at www.USCIS.gov. United States President Barack Obama was quoted as saying

“In the next 90 days, USCIS will launch a vastly improved Web site that will, for the first time ever, allow applicants to get updates on their status of their applications via e-mail and text message and online.”

Apparently the new site will allow for case status updates to be sent to a person’s cell phone which would truly provide up-to-the-minute information. According to the American Immigration Lawyer’s Association website this revamp of the USCIS website is the result of culling information from in-depth focus groups tasked with reviewing the current USCIS website. Those participating in the focus groups spanned the spectrum from those with national and local cases pending to those visiting the United States.

At present, the United States Citizenship and Immigration Service website provides many features for those with cases pending and for those seeking information regarding Immigration to the United States. USCIS also offers e-filing of Immigration petitions for certain categories. At the current time, USCIS does not allow e-filing for most US Family Visa cases. Therefore, one cannot file for a K-1 visa, K-3 Visa, or CR-1 visa through the internet. The reason for the restriction of family visa submissions is likely due to the fact that many United States Family based petitions require proof of an existing bona fide relationship. Therefore, the documentation proving the bona fides of a relationship can be quite extensive and cannot easily be filed online.

It should always be borne in mind that USCIS is generally only phase one of the K1 visa process or the K3 visa process from Thailand. After USCIS adjudicates a petition they will send it on to the National Visa Center (NVC), NVC will determine which diplomatic post has jurisdiction over adjudicating the application (The US Embassy Thailand has jurisdiction over cases involving Thai nationals). The diplomatic post will conduct an visa interview and decide whether to approve the petition.

Of all the phases of the US Immigration process, generally the USCIS adjudication phase takes the longest because there is often a backlog of pending cases built up at the Service Center or lock box. Therefore, any improvements that USCIS can make in order to facilitate faster visa processing is always welcome.

(This is not legal advice. No Client-Lawyer relationship is formed from reading this posting.)

Tags: American Visa Thailand, K-1 Visa Process, K1 Visa Thailand, K3 Visa Thailand, US Immigration Process, US Visa Process, US Visa Thailand, USCIS
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US Immigration and Nationality is an interesting and complex area of American jurisprudence. As a statutorily driven field of law, it can be one of the more rules driven areas of Federal regulation. Many Americans born in the United States acquire their citizenship through a combination of jus sanguinis (Latin meaning “right of blood”) and/or jus soli (Latin meaning “right of the soil” or “right of the territory”). For those born outside of the United States, or its possessions, how can United States Citizenship be proven? This is why the United States government has promulgated the US Certificate of Citizenship.

The Certificate of United States Citizenship is a legal document distributed by the government authorities of the United States of America and used in order to provide proof of the bearer’s United States Citizenship. Those who are qualified to submit an application for a United States Certificate of Citizenship include those who acquired United States of America citizenship while living in the United States or those Americans who were born outside of the United States, or any possession or territory of the USA, to United States citizens. Specifically eligible to submit an application for a US Certificate of Citizenship are:

• those born abroad who have parents with United States citizenship, or

• those with at least one naturalized parent who naturalized when the citizen was  under 18 years of age and met special criteria of United States Immigration and Nationality law.

It should be noted that the US certificate of citizenship is a substantially different document from the United States naturalization certificate. Naturalization occurs when a foreign national acquires United States Citizenship. The certificate of naturalization is conferred in order to prove acquisition of US Citizenship. The certificate of citizenship is generally granted to those who were born as United States Citizens.  Therefore, the documents, although similar, denote two different types of US Citizenship.  Generally, one must submit an application to the United States Citizenship and Immigration Service (USCIS) in order to obtain a Certificate of Citizenship. USCIS is an agency under the Department of Homeland Security which is tasked with maintaining Immigration, naturalization, and Citizenship records for those persons in the USA.

United States Citizenship is important from a US Immigration perspective because only a US Citizen can petition for a K1 visa (fiance visa) or a K-3 visa (expedited marriage visa) on behalf of a foreign national. Therefore, proving one’s United States Citizenship could be critical in obtaining a USA Visa for a foreign loved one.

(This content is intended for educational purposes only and does not constitute advice regarding the law. No Lawyer-Client Relationship exists between author and reader.)

Tags: K-1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Immigration Thailand, US Visa Thailand, USA Visa Thailand, USCIS, Visa Lawyer 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 submit a visa application the first thing to think about is which office of the United States Citizenship and Immigration Service (USCIS) will take jurisdiction over adjudicating the petition. In instances involving an overseas filing of an Immigrant petition (sometimes known as Direct Consular Filing), this information is not useful, but for those living in the United States and filing non-immigrant spouse or fiance visa petitions, the following information may be helpful.

The K-1 visa application (the I-129f) should be filed with the office having jurisdiction over the petitioner’s home state.  There are currently two USCIS service centers adjudicating I-129f petitions (the K-3 visa application requires a supplemental I-129f petition after submission of an initial I-130 petition).

USICS Service Center: California

The California Service Center currently adjudicates petitions from the following US states and territories:

Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, or Wyoming. (As with all information concerning USCIS jurisdictional matters, the above list is subject to change.)

USICS Service Center: Vermont

The Vermont Service Center currently adjudicates petitions from the following US states and territories:

Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, West Virginia and the District of Columbia. (As with all information concerning USCIS jurisdictional matters, the above list is subject to change.)

(Some people confuse the Vermont Service Center with the National Visa Center in New Hampshire. The National Visa Center is not an organ of USCIS, but is a visa application processing center under the administrative jurisdiction of the United States Department of State.)

For those American Citizens who are resident in the Kingdom of Thailand, it may be possible to file an Immigrant Visa application with the USCIS office in Bangkok, Thailand. However, unlike a USCIS Service Center, the Bangkok District Office does not generally adjudicate K-1 visa applications. Further, the USCIS Service Centers in California and Vermont are not the correct locations to submit Immigrant Visa (I-130) applications for spouses of United States Citizens who are resident in the United States. Therefore, one should do careful research before submitting any visa application in order to be sure that an application will not be rejected based upon lack of proper jurisdiction.

(Do not use this information as a substitute for competent legal advice. No attorney-client relationship should be inferred to have formed between author and reader.)

Tags: American Visa Thailand, California Service Center, I-130, K-1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, United States Citizenship and Immigration Service, US Visa Thailand, USCIS, Vermont Service Center
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | 24 Comments »

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
Posted in F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Yesterday I received an inquiry regarding the possibility of obtaining a United States V Visa. It had been a while since I had read anything about that category so I decided to do some quick research and share a few things regarding the US V Visa.

The Immigration Category known as the V visa was created under the Legal Immigration Family Equity Act of 2000. In the provisions of this legislation, spouses and minor children (not married and under the age of twenty-one) of United States Lawful Permanent Residents (green card holders) could receive a temporary visa in order to join their family member in the United States, while the immigrant visa process is pending.

As a rule, spouses and children of American permanent residents must wait for a comparatively longer period of time to get a visa than the spouse of a United States Citizen or a child (or step-child) of a United States Citizen. That being said, lawful permanent residents cannot avail themselves of the comparative benefits of a fiance visa, also known as a K-1 visa, because that visa category is only available to those betrothed to an American Citizen.

Currently, the V visa is only available to spouses and children of Lawful Permanent Residents who filed their visa application on or before December 21, 2000, as a result of this provision, fewer and fewer V visas are being issued as the pending applications are adjudicated.

The V visa is somewhat similar to the K-3 visa because they were statutorily designed with the intention of allowing spouses and children to travel to the United States of America while their immigrant visa was processing through the United States Citizenship and Immigration Service (USCIS). A major difference between these two visa categories is the fact that the K-3 is still currently obtainable for the spouse of any United States Citizen and has not been effectively “phased out,” by statute. Thai being said, those that enter the United States on a K-3 visa after the approval of a K-3 application still must go through the adjustment of status process or return to Thailand in order to go through consular processing and visa interview at the US Embassy in Bangkok, Thailand because, like the V visa, the K-3 is a two year non-immigrant multiple entry visa and therefore is only issued for a validity of limited duration.

(This post is not legal advice and should not be construed as such. Please contact an Immigration lawyer for individualized legal advice. No Attorney-Client relationship is formed by reading this piece.)

Tags: American Visa Thailand, K-1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, us embassy bangkok, us embassy thailand, US Immigration Thailand, US Visa Thailand, V Visa, Visa Lawyer Thailand
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There are many family relationships that can be used as a basis for obtaining a US visa. In cases where a betrothed couple wishes to get married and live in America there is a US fiance visa, also known as a K-1 visa. For an expedited marriage visa, some people opt utilize a K-3 visa. Further, in cases where a couple wishes to have some discretion about where the visa application will be adjudicated a K-3 visa could theoretically be used to “forum shop.” However, the classic marriage visa are the immigrant spouse visas discussed further below. Of particular interest to those applying for an immigrant spouse visa is the fact that a step-child can also receive an immigrant visa based upon the child’s relationship to the United States Citizen and foreign beneficiary.

In cases where a couple gets married overseas and wishes to immigrate to the USA, there are immigrant spouse visas known as CR-1 and IR-1 visas.  These visas require the filing and approval of an I-130 immigrant visa application.  In many cases, the foreign spouse will have children. Therefore, the question arises: what is to be done with the step children? In most cases, a step child will be able to travel to the United States in order to take up residency, but it is possible that a step child will be precluded from immediately traveling to the United States.

For step children over the age of twenty-one, an visa petition will have a lower priority than for a step child under 21 years of age. An Immediate question that usually follows up this statement: what about a child who turns 21 while the visa application is pending? Under current Immigration law the step child who was under 21 at the time of USCIS approval will have their status preserved until visa issuance, so turning 21 after petition approval will not cause the applicant to fall into a lower preference category.

Another issue with regard to step-child petitions involves the age of the step child at the time of the marriage this fact can have a crucial impact upon the step-child’s status and possibly preclude the step-child from obtaining an immigrant visa in an expedited manner. In complicated cases, it may be best to consult an Immigration lawyer, but for those who wish to deal with the matter on their own, the website of the United States Citizenship and Immigration Service can be very helpful.

In cases involving K-4 visas, which are derivative of K-3 visas for step-children, some of the above analysis is correct, but due to the different nature of the K-3 application, the laws and regulations could be different. Where possible, it is usually better to obtain an Immigrant visa because the beneficiary obtains permanent residence (Green Card) upon entry into the USA.

(This article is not legal advcie. This article does not create any type of Attorney/Client relationship.)

Tags: American Visa Thailand, CR-1 Visa Thailand, K-1 Visa Thailand, K-3 Visa Thailand, Step Child Visa, US Visa Thailand
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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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Many people around the globe long to travel to the United States. Thailand is no different as many Thai nationals seek entrance to the United States as either immigrants or non-immigrants. Those entering with non-immigrant status tend to be entering on a US tourist visa, US student visa, or an Exchange Visitor Visa. The Exchange Visitor Visa is often referred to by its Immigration category: the J1 visa. There are certain requirements for obtaining a J1 visa and it is a somewhat unique visa because it confers certain rights and restrictions not imposed upon non-immigrants entering the United States upon visas in other categories.

While the Department of Homeland Security is the primary agency with the mandate to facilitate the obtainment of exchange visitor visas, the Department delegates the task of exchange sponsorship to others, namely businesses, organizations, and other government agencies. Those organizations responsible for carrying out this Department of Homeland Security delegated mandate assist J1 applicants in entering the United states of America in order to engage in one of the following vocations:

1. Au pair (Nanny)

2. Camp Counselor

3. Student, college/university

4. Student, secondary

5. Government Visitor

6. International Visitor (reserved for U.S. Department of State use)

7. Alien physician

8. Professor

9. Research Scholar

10. Short-term Scholar

11. Specialist

12. Summer work/travel

13. Teacher

14. Trainee

For more information on each of these vocations please see the United States Department of State Website

Those wishing to engage in the above activity may be eligible to receive a J1 visa. That being said, documentation and interviews will most likely be required before the J-1 visa will be issued by the US Embassy in Thailand. As with any United States Visa, final visa application approval is provided by US State Department consular officers working at posts in Thailand. There are two diplomatic posts in Thailand which handle J1 visa petitions: the US Embassy in Bangkok (already mentioned) and the United States Consulate General in Chiang Mai.

As mentioned previously on this website, those seeking to bring a loved one to the United States on a J-1 visa because they wish to bypass comparatively longer processing times for family based visas should think twice before doing so. First of all, obtaining a non-immigrant visa when the applicant actually has immigrant intent is viewed by US officials as defrauding the United States Citizenship and Immigration Service. Further, obtaining and entering the USA on a J1 visa may be a bad tactical decision for those wishing to bypass K-1 visa or K-3 visa wait times because a J1 visa entrant may have a 2 year foreign residency requirement imposed upon them before they may reenter the United States. As a general rule, if one wishes to bring a loved one to the USA on a Fiance visa or Marriage visa, then it is best to use those designated visa categories rather than the J-1 visa.

(Please be aware that none of the above is intended for any use other than education. This is not legal advice. For legal advice contact a licensed US Attorney. No attorney-client relationship shall be created between the author and any reader of this posting.)

Tags: Exchange Visitor Visa, Exchange Visitor Visa Thailand, J-1 visa, J-1 visa Thailand, J1 visa, J1 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand
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Most United States Visas that process through the US Embassy in Bangkok, Thailand proceed in an efficient and uneventful manner. The Officers in the US Consular Section have a large caseload and generally do their job in a professional and diligent manner. This being said, some Immigration and visa cases are delayed. The term used in American Immigration circles when a visa application is set aside for further review is: administrative processing.

Administrative Processing and the 221(g)

Technically a 221g denial and request for more evidence could be classified as “administrative processing.” In practice, most cases that are in administrative processing have been red flagged because there is a suspicion of immigration fraud or there is some aspect of the case that the consular officer feels warrants further investigation. In cases such as this the application can be delayed for weeks or months until a final determination is made.

Does Administrative Processing mean a US Visa is Denied?

In some cases administrative processing can occur after a visa application has been denied and needs to be sent back to USCIS to close the case. In the case of a Fiance visa or marriage visa, this would likely only occur upon a factual finding by the consular officer that there is not a bona fide relationship underlying the visa application.  This type of visa denial is very rare in US Family Immigration matters.  However, a Consular officer who is suspicious about a particular visa application could put the case in administrative processing and ask for further documentation. The fraud unit would likely review the application further in order to ascertain the visa application’s merits.

There are other situations where a visa application could go into administrative processing. Of particular note are situations where beneficiaries have been present in the United States previously and have done things that may raise  questions about what they were doing while stateside. A good example would be someone in the United States on a visa without work authorization who was working. This factual scenario would probably cause a case to go into administrative processing because the Consular officers would want to know more details about the applicant’s previous experience in the USA.

Administrative Processing is something many applicants seek to avoid and one of the best methods of doing so is to have a well prepared application. Further, Consular Officers are very well trained when it comes to picking up on cues that an application might be fraudulent. For this reason, we highly recommend that the best way to stay out of administrative processing is to file a bona fide application. Honesty is always the best policy when dealing with the United States Government and the US Embassy Thailand is no exception.

If a case should be denied because the applicant was deemed legally inadmissible, then an I-601 waiver may be sought.

For more information please See K-1 Visa Thailand or K3 Visa Thailand.

Tags: 221g, 221g denial, American Visa Thailand, I-601 Waiver, K-1 Visa Thailand, us embassy bangkok, us embassy thailand, us visa denial, US Visa Thailand
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, Visa Waiver | 1 Comment »