Integrity Legal

In a few recent blog posts, this author has discussed the proposed fee increases for services offered at US Diplomatic and Consular Posts abroad. Apparently, the Department of State will be increasing the fees associated with Passport procurement. Also, those who wish to obtain new pages in their passport will no longer be able to have pages added free of charge. Finally, although on a slightly different topic, the fees for non-immigrant family based visas is to be raised as well. For those who are unfamiliar with the details of US Immigration the US Fiance Visa (also called the K1 visa) and the Non-Immigrant US Marriage visa (Also called a K3 Visa) are issued at American Embassies overseas.

The Department of State issued some statements in a supplement regarding the proposed rule that would increase the fees for Consular Services:

“The Department of State (“Department”) published two proposed rules in the Federal Register on December 14, 2009 (74 FR 66076, Public Notice 6851, RIN 1400-AC57), and on February 9, 2010 (75 FR 6321, Public Notice 6887, RIN 1400-AC58), proposing to amend sections of part 22 of Title 22 of the Code of Federal Regulations, the Schedule of Fees for Consular Services. The Department’s proposed rules solicited comments, and a number of comments requested additional detail on the Consular Services Cost of Service Study (CoSS) as well as time to comment on that detail. In response, the Department is providing the additional written detail below.”

The Department of State should be commended for taking the time to explain to the public the policy reasons for a fee increase. In many ways, a fee increase is periodically necessary as each US Embassy and/or US Consulate must serve the needs of the Americans using the post while at the same time stay within a budget. Balancing these two objectives can be difficult at times. The statement went further in describing the reasons behind the increase in fees, but used an analogy to make the point:

“Example: Imagine a government agency that has a single facility it uses to prepare and issue a single product–a driver’s license. In this simple scenario, every cost associated with that facility (the salaries of employees, the electricity to power the computer terminals, the cost of a blank driver’s license, etc.) can be attributed directly to the cost of producing that single item. If that agency wants to ensure that it is charging a “self- sustaining” price for driver’s licenses, it only has to divide its total costs for a given time period by an estimate of the number of driver’s licenses to be produced during that same time period.”

As this analogy points out, if an organization is just producing one product, then determining the cost of the product is relatively easy:

“However, if that agency issues multiple products (driver’s licenses, non-driver ID cards, etc.), has employees that work on other activities besides licenses (for example, accepting payment for traffic tickets), and operates out of multiple facilities it shares with other agencies, it becomes much more complex for the agency to determine exactly how much it costs to produce any single product. In those instances, the agency would need to know what percent of time its employees spend on each service and how much of its overhead (rent, utilities, facilities maintenance, etc.) are consumed in delivering each service to determine the cost of producing each of its various products–the driver’s license, the non-driver ID card, etc. Using an ABC model would allow the agency to develop those costs.”

Apparently, the Department of State, through use of modeling, has discovered the true cost of their services and is attempting  to adjust their fees accordingly. It remains to be seen how thee changes will impact expats and Americans using United States Consular Posts abroad. In Thailand, it is this author’s opinion, that this fee increase will have the biggest impact upon the American Citizen Services Unit of the US Embassy Bangkok and the US Consulate Chiang Mai as those respective units deal with issues like new passport issuance on a regular basis.

Tags: American Citizen Services, American Embassy Bangkok, American Embassy Thailand, Free Visa Pages, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Consulate Chiang Mai, US Consulate General Chiang Mai, US Embassy, us embassy bangkok, us embassy thailand, US Fiance Visa, US Marriage Visa, US Passport Fee Increase, US Visa Thailand
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, Upcoming Legislation, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand | 7 Comments »

Although delicate, the issue of prostitution in Thailand and the impact upon United States Immigration is something that an American Immigration attorney in Thailand should discuss, if for no other reason than the fact that there is a great deal of misinformation about this topic throughout the internet.

First, the relevant law: The United States Immigration and Nationality Act §212(a)(2)(D) has the following to say on the topic of inadmissibility and prostitution:

(D) Prostitution and commercialized vice

Any alien who—

(i) is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of status,

(ii) directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, admission, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10-year period) received, in whole or in part, the proceeds of prostitution, or

(iii) is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution,

is inadmissible.

It should be noted that legality is not an issue when it comes to prostitution as even a legal act of prostitution is a legal ground of inadmissibility from the United States of America. In the US State of Nevada, prostitution is legal provided the brothel has a license and comports to certain regulatory rules with regard to health and advertising. However, the act of prostitution itself is not illegal under in Nevada so long as the prostitute works in a licensed establishment. Regardless of the fact that the act may be legal, the Immigration and Nationality Act still makes the act a legal grounds of inadmissibility if it occurred within 10 years of the application for admission to the United States of America.

This seemingly glaring disjunction is the result of the American doctrine of Federalism. In the US, there is one sovereign in the form of the Federal government and 50 sovereigns in the form of the 50 US states. It is possible that State and Federal law will occasionally conflict. For Immigration purposes, the Federal regulations and statutes are controlling over state law. Therefore, regardless of the fact that an act of prostitution may be legal in a US state, it may still be a legal grounds of inadmissibility if it occurred within 10 years of an application for admission to the USA.

In Thailand this is important to note because prostitution is only vaguely defined in criminal statutes. Under the provisions of the Thai Prevention and Suppression of Prostitution Act of 1996 the definition of prostitution is defined as:

“‘prostitution’ means sexual intercourse, or any other act, or the commission of any other act in order to gratify the sexual desire of another person in a promiscuous manner in return for money or any other benefit, irrespective of whether the person who accepts the act and the person who commits the act are of the same sex or not…”

The obvious problem with this definition is the phrase “in a promiscuous manner.” Authorities in Thailand seem to operate under the assumption that acts of prostitution occurring in private are not promiscuous and therefore do not meet the legal definition of prostitution. The United States immigration authorities do not take this view and their view of prostitution falls in line with the more traditional definition which mandates finding of previous engagement in acts of prostitution if the individual in question was paid in exchange for providing sexual gratification.

If a Consular Officer at a US Embassy or US Consulate abroad finds an alien inadmissible because the alien has engaged in prostitution within 10 years of filing an application for a US visa, then the alien will not be able to obtain a US visa, nor will they be allowed to enter the United States of America. This decision is not subject to appeal.

What is the solution if an alien is found inadmissible based upon a finding that they have engaged in prostitution within 10 years of applying for a US visa? Fortunately, the Immigration and Nationality Act provides a remedy for those who are found inadmissible under these circumstances. An I-601 waiver may be filed with USCIS and if approved, the alien will be able to seek admission to the United States of America.

Throughout the internet there are those who claim that the best way to avoid this issue is to lie to a Consular Officer or “omit certain facts.” This practice is highly inadvisable. First, it is illegal and in some cases punishable by five years in a federal penitentiary and a $250,000 fine. Second, it could lead to further problems for an alien because lying to a Consular Officer could result in a finding that the alien had engaged in fraud and misrepresentation which is a separate ground of inadmissibility. Third, such advice is highly unethical and reflects adversely upon anyone who advises a client to lie to a Consular Officer or in a visa application. Run, don’t walk, away from anyone who gives this kind of advice as it is unethical, illegal, and could result in a permanent bar to entering the United States.

Our firm’s policy is to disclose all legally relevant facts and deal with the legal consequences in a straightforward manner.

For More Information Please See: US Visa Thailand.

Tags: 601 Waiver, fiance visa bargirl, fiancee visa bargirl, I-601, I-601 Waiver, I601, I601 Waiver, Inadmissibility Prostitution, k1 visa bargirl, k1 visa prostitution, k3 visa bargirl, k3 visa prostitution, Prostitution, Prostitution Waiver, Thai fiancee worked in a bar, Thai girlfriend worked in a bar, Thai wife worked in a bar, Thailand bargirl visa, US Visa for Bargirl, US visa for girl who worked in a bar, US visa for someone who worked in a bar, US Visa Prostitution Waiver, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, USCIS | 1 Comment »

For regular readers of this blog, it is probably no surprise that some of the most recent USCIS Service Center processing time estimates are being put up as a courtesy to readers and the immigrant community at large. However, we have begun adding other visa category processing time estimates as there may be those in Thailand interested in either the L1 visa for intracompany transferees or the E2 visa for those trading in the United States under the US-Thai Treaty of Amity.

The following are the processing time estimates from the California Service Center as of January 31, 2010:

The following are the processing time estimates for the Vermont Service Center as of January 31, 2010:

Please note that these estimates are for USCIS processing only and do not include processing time for an application at the National Visa Center or at the US Embassy or US Consulate that will ultimately adjudicate a foreign national’s visa application. Please be advised that recent changes implemented by NVC may have a dramatic impact upon the overal K3 Visa process, but these policies should not effect the processing of a K1 visa.

For information about assisting a loved one with US visa obtainment please see: Thai Girlfriend Visa.

Tags: Amity Treaty, CR1 Visa, E2 Visa, E2 Visa Thailand, I-129f, I-130, IR1 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, L1 Visa, L1 Visa Thailand, Thai Girlfriend Visa, Treaty of Amity, US-Thai Treaty of Amity
Posted in Amity Treaty, CR1 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 Consulate Chiang Mai, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, USCIS | 9 Comments »

In a few previous posts of this blog we discussed the current posture of the K3 visa process. At present, K3 visa processing is becoming increasingly erratic as the National Visa Center will no longer process I-129f petitions for K3 visas if the underlying I-130 application arrives before, or at the same time as, the I-129f. It is a credit to the United States Citizenship and Immigration Service’s (USCIS) diligence that they are processing I-129f applications as well as I-130 applications in a quick and efficient manner. However, for those looking for expedited marriage visa benefits this efficiency could end up creating an unwanted situation.

The National Visa Center has stated that they will “administratively close” aforementioned I-129f applications. This could lead to a difficult situation for those couples who specifically got married in a jurisdiction in order to process the foreign spouse’s visa application in that jurisdiction’s US Embassy. Under the provisions of the statute creating the K3 Visa, the visa must be processed by the Embassy in the country where the marriage took place. This allowed many couples to “Forum Shop” for the country where they wished the process their visa. For example, if a couple wished to process a visa application in Italy, they could ensure that the K3 visa application would be processed in Italy simply by getting married in Italy.

Now, because the future of the K3 Visa remains uncertain, there is a distinct possibility that visa interview “forum shopping” will become a thing of the past. That being said, Immigrant visa applications for documents such as the CR1 visa and the IR1 visa could be sent to the foreign spouse’s country of Nationality as Embassies and Consulates only process third country nationals as a courtesy and if inconvenient will send the application to the Post that must process the application.

Hopefully, these recent changes will not result in problems, but it remains to be seen if this will be the case. That being said, so long as the United States Citizenship and Immigration Service continues to process the I-130 in such a quick manner, it remains likely that the National Visa Center will continue closing K3 cases and thereby forestalling the aforementioned practice of forum shopping. For those foreign fiancees in countries such as Burma (Myanmar) or Cambodia this change in policy could cause hardships as both of these countries’ bureaucracies can make it extremely difficult for a native born woman to marry an American man.

For information about how NVC policy may affect fiance visa processing please see: K1 visa.

Tags: administrative closing, Fiance Visa, Fiance Visa Thailand, Fiancee Visa, Fiancee Visa Thailand, I-129f, I-130, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, National Visa Center, USCIS
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, National Visa Center, US Visa and Immigration, US Visa Thailand | 2 Comments »

Those going through the US visa process may be aware of the I-864 affidavit of support. This document is used in order for the United States government to receive assurance that the prospective immigrant will not become a public charge in the United States. In family based immigrant visa cases involving visas such as the CR1 Visa or the IR1 visa the I-864 is used. The I-864 should not be confused with the I-134 affidavit of support which is often utilized by those seeking either a K1 visa or a K3 Visa. However, at the time of this writing, it is highly likely that use of the I-134 in K-3 cases will fall by the wayside as fewer K-3 visa applications will be forwarded on to US Embassies and Consulates abroad due to the administrative closure of new K-3 applications at the National Visa Center. That being said, non-immigrant dual intent travel documents such as the K1 fiance visa and the K3 marriage visa do not use the I-864, but use the I-134.

There are certain Immigrant visas which do not utilize the I-864 as the affidavit of support requirement is waived. These type of cases require the submission of the I-864w. To quote the United States Citizenship and Immigration Service (USCIS) in their own instructions for the form itself:

“The Form I-864 is legally required for many family-based immigrants and some employment-based immigrants to show that they have adequate means of financial support and that they are not likely to become a public charge. Certain classes of immigrants are exempt from the I-864 requirement and therefore must file Form I-864W instead of Form I-864 or Form I-864EZ.”

Under the Child Citizenship Act of the year 2000, there are certain children who enter the United States and become United States Citizens by operation of law upon admission at a port of entry by the Customs and Border Protection Service (CBP). These children may then apply for a certificate of citizenship which is somewhat similar to a naturalization certificate except for the fact that the child is not naturalized, but a citizen statutorily. In cases where the child would become a citizen upon entry, the obligations incurred by an I-864 would automatically extinguish upon entry since the child would be a US Citizen. Therefore, the need to adjudicate means of support are made somewhat redundant. This may be the policy reason underlying the promulgation of the I-864w.

Tags: Affidavit of Support, American Visa Thailand, Certificate of Citizenship, Child Citizenship Act, Child Citizenship Act of 2000, dual intent, Fiance Visa, Fiance Visa Thailand, I-864w, I864w, K-1 Visa, K-3 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, Naturalization, US Citizenship by operation of law, US Visa, US Visa Thailand
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In a recent posting on this blog we discussed a recent internal rule change at the National Visa Center (NVC). The NVC announced that effective February 1, 2010 they will no longer process I-129f petitions for marriage visa benefits if the underlying I-130 petition arrives prior to, or at the same time as, the supplemental I-129f petition. There are those who are wondering what impact this will have upon visa seekers. For those seeking a K-3 visa, the impact of this recent announcement is very important because in many cases, the NVC will require couples to seek immigrant spouse visas such as the IR-1 visa and the CR-1 visa rather than the expedited K3 visa. However, some may be confused about how this new rule will impact those seeking a fiance visa.

In order to obtain a fiance visa, the US Citizen must file an I-129f petition for a K1 visa. If the initial petition is approved, then it will be forwarded to the National Visa Center for a security clearance. After a security clearance, it will be forwarded to the US Embassy or US Consulate with proper jurisdiction. Confusion may arise because some may be placed under the mistaken impression that the I-129f petition will be administratively closed by NVC in a fiance visa case. This is not the truth, as administrative closures of I-129f petitions are only to happen in the context of applications for the K3 visa and not the K1 visa. This recent rule change will likely have no impact upon the K1 visa process as the rule is designed to change the K3 visa process exclusively.

One upshot of this recent development is that the resources that NVC was expending in processing I-129f petitions for K-3 visas may be diverted to processing Immigrant visas or K1 visas. That being said, it is this author’s opinion that the K1 visa process is quite efficient and NVC usually takes very little time to process K1 visa applications. In most cases where the visa application is to be processed by the US Embassy Thailand, there is a two week waiting time between I-129f petition approval by USCIS and the forwarding of the file from NVC to the US Embassy. By most people’s estimate, this is a reasonable period of time to wait. In the case of Immigrant visas, the NVC processing time is considerably longer as the NVC requires more documentation in Immigrant visa matters compared to non-immigrant visa cases.

Tags: American Embassy Thailand, CR-1 Visa, CR1 Visa, Fiance Visa, Fiance Visa Thailand, Fiancee Visa, IR-1 Visa, IR1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, National Visa Center, US Consulate Chiang Mai, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The K3 Visa was designed as an expedited alternative to Immigrant Marriage visas such as the IR1 Visa and the CR1 Visa. At one time, it could take as long as 3 years to process a marriage visa petition, which is why Congress created the K-3 visa category. However, in recent years the need for the K-3 visa has been less acute when compared to the past as the current processing times for the aforementioned Immigrant marriage visas is about 11-12 months. When comparing this to the K3 visa processing time one can see that the K-3 visa is becoming less of a necessity.

With that in mind, the United States Department of State’s National Visa Center (NVC) recently made an important announcement with regard to K-3 visas, the following quote is from a State Department publication promulgated by the American Immigration Lawyers Association (AILA):

“Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

The nonimmigrant K visa will be administratively closed.
The application process explained below will not be applicable and cannot be used.

The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage. If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality. If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send your petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if your marriage took place in Iran where the U.S. does not have an embassy your petition would be sent to Turkey.”

There are some who are likely asking themselves: What does this all mean? USCIS adjudicates all visa petitions and, upon approval, forwards them to the National Visa Center (NVC). NVC processes all K3 visa applications before they go to the Consulate or Embassy abroad (for those applications which are to be processed in Thailand, the NVC handles the application prior to receipt by the US Embassy Bangkok).

In essence, the NVC will no longer process K-3 visa applications if an Immigrant visa application is received by the NVC prior to, or at the same time as, a K3 application. As a practical matter, all K-3 petitions have an Immigrant visa counterpart. It is believed that, most of the time, the NVC receives these applications either in tandem or nearly simultaneously. There may be a few instances where a K-3 application will make it to NVC prior to the Immigrant visa application, but for the most part this is not the case. As a result, it is highly likely that the K-3 visa will no longer be available to those seeking marriage visa benefits because the Immigrant visa application will reach the NVC prior to, or at the same time as, the K-3 application.

Tags: CR-1 Visa, CR1 Visa, IR-1 Visa, IR1 Visa, K-3 Visa, K-3 Visa Thailand, K-3 Visas, K3 Visa, K3 Visa administratively closed, K3 Visa Thailand, K3 Visas, National Visa Center, NVC, US Visa, US Visa Thailand, US Visas, US visas Thailand
Posted in CR1 Visa, IR1 Visa, K-3 Visa Thailand, K3 Visa, National Visa Center, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | 2 Comments »

The US visa process begins with an initial petition which is submitted to the United States Citizenship and Immigration Service (USCIS). Below are the updated processing times for the two USCIS service centers which handle the vast majority of United States family-based visa petitions. The information below was updated by USCIS on February 17, 2010.

For those who are unfamiliar with the visa process, the I-129f petition is used when filing for K1 visa on behalf of a foreign fiancee. This petition can be used by those seeking K3 Visa benefits as well. The I-130 petition is also utilized by those seeking family visa benefits, but the I-130 is used to petition for Immigrant visa benefits.

Below are the current USCIS processing estimates for the California Service Center:

Below are the current processing time estimates for the Vermont Service Center:

Those researching the US visa process for the first time should be aware the USCIS processing is simply the initial phase of the overall process as the petition must be forwarded to the National Visa Center and eventually a US Consulate or Embassy abroad. In the case of Thai nationals seeking US visa benefits, virtually all family based applications are processed by the US Embassy Thailand.

Tags: Fiance Visa, Fiance Visa Thailand, Fiancee Visa, Fiancee Visa Thailand, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 Visa Thailand, K1 Visa, K1 visa processing time, K1 Visa Thailand, K3 Visa, K3 Visa processing time, K3 Visa Thailand, US Visa Thailand, USCIS Processing Time
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Naturalization is the process of obtaining American Citizenship for a foreign national. In some cases, the US naturalization process can be very time consuming, but those who marry a United States Citizen and obtain immigrant status based upon that marriage are subjected to fewer requirements when it comes to US naturalization. This could be of interest to those who enter the United States on a K1 visa or K3 visa as either of these travel documents could put the beneficiary on track for eventual US Citizenship.

The US naturalization process can be relatively different for those who are in the United States military. About 2 years prior to the posting of this article, Congress enacted legislation to make the US naturalization process easier for those in the military. To quote a recent publications from the Department of Homeland Security:

“In June 2008, Congress passed the Kendell Frederick Citizenship Assistance Act to streamline the process for U.S. military service members seeking to become U.S. citizens. The act directs the Secretary of Homeland Security to accept fingerprints submitted by military citizenship applicants at the time of their enlistment or from prior submissions to the Department of Homeland Security, expedite the processing of citizenship applications, and implement procedures to ensure rapid electronic transmission of biometric information and safeguarding of privacy.”

Although Congress has enacted the aforementioned legislation, it is incumbent upon the United States Citizenship and Immigration Service (USCIS) to implement the new policy. The above quoted DHS publication is an overview of the current status of the ongoing implementation of the Kendell Frederick Citizenship Assistance Act. To further quote DHS:

“USCIS has taken actions to meet the act’s requirements. Specifically, USCIS has implemented a process to use previously submitted fingerprints for military naturalizations, and it tracks and reports processing time to ensure that it completes adjudication of applications timely. USCIS has also undertaken several information technology initiatives to improve the military naturalization process. However, USCIS’ information technology systems, such as the application processing system and background check support systems, do not meet all user requirements. As a result, personnel must devote resources to work around system limitations. Further, USCIS had not yet completed a privacy assessment for its process to obtain enlistment fingerprints from partner agencies. Without such an assessment, we were unable to assess whether that process was properly safeguarded.”

A streamlined naturalization process for those serving in the US military is a “win-win” situation for both the newly naturalized Citizen as well as the USA as a whole. Although the above privacy issues must be further investigated hopefully the implementation of this act will prove to be an overall success.

Tags: K-1 Visa, K-3 Visa, K1 Visa, K3 Visa, Kendell Frederick Citizenship Assistance Act, Naturalization Process, US Citizenship, US Naturalization, US Visa, USCIS
Posted in K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Legal Opinion, Miscellaneous, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

A recently proposed rule would increase the fees charged by the US Department of State for services performed at Embassies and Consulates abroad. To quote the AILA website:

“This rule proposes adjustments in current fees for consular services. The Department of State is adjusting the fees in light of an independent cost of service study’s (“CoSS”) findings that the U.S. Government is not fully covering its costs for providing these services under the current fee structure. The primary objective of the adjustments to the Schedule of Fees is to ensure that fees for consular services reflect costs to the United States of providing the services.”

Although not exhaustive, the following quotes list the proposed fee increases for services that will likely have the biggest impact upon US Citizens resident abroad:

“Passport Book Application Services

The Department is increasing the application fee for a passport book for an adult (age 17 and older) from $55 to $70. The application fee for a passport book for a minor (age 16 and younger) will remain at $40. The CoSS estimated that the cost of processing first-time passport applications for both adults and minors is $105.80 based on a projected FY10 workload of 11.9 million. This cost includes border security costs covered by the passport book security surcharge, discussed immediately below. Because a minor passport book has a validity of just five years, in contrast with the ten-year validity period of an adult passport book, the Department has decided to leave the minor passport book application fee at $40, and allocate the remainder of the cost of processing minor passport book applications to the adult passport application fee.”

The proposed rule goes further as there will be further fee increases for new passport seekers:

“Passport Book Security Surcharge

The Department is increasing the passport book security surcharge from $20 to $40 in order to cover the costs of increased border security which includes, but is not limited to, enhanced biometric features in the document itself. The passport book security surcharge is the same for adult passport books and for minor passport books.”

The addition of visa pages to an American’s passport has always been a courtesy provided free of charge. However, the proposed rule would change this:

“Additional Passport Visa Pages

In the past, the Department provided extra pages in a customer’s passport, to which foreign countries’ visas may then be affixed, at no charge. The CoSS found that the cost of the pages themselves, of having the pages placed in the book in a secure manner by trained personnel, and of completing the required security checks results in a cost to the U.S. Government of $82.48 based on a projected FY10 workload of 218,000. Therefore, the Department will charge $82 for this service.”

For those American Citizens who have a child overseas a Consular Report of Birth Abroad (CRBA) is necessary in order to ultimately obtain a US passport for the child. That being said, the fee for a CRBA would be increased under the newly proposed rule:

“Application for Consular Report of Birth Abroad of a Citizen of the United States

The CoSS found that the cost of accepting and processing an application for a Consular Report of Birth Abroad of a Citizen of the United States is $197.28 based on an FY10 workload projection of 80,000 applications. The Department has decided to raise the fee from $65 to $100, still significantly less than cost, based on its view that too high a fee might deter U.S. citizen parents from properly documenting the citizenship of their children at birth, a development the Department feels would be detrimental to national interests.”

The Immigrant visa fees associated with the processing of Immigrant family based visa applications (such as IR-1 visas and CR-1 visas) are to be decreased pursuant to the proposed rule:

“Immigrant Visa Application Processing Fee

The Department is changing the fee for processing an immigrant visa from $355 for all immigrant visas, to a four-tiered fee based on CoSS estimates for each discrete category of immigrant visa, as applications for certain applications cost more to process than others. Accordingly, the application fee for a family-based (immediate relative and preference) visa (processed on the basis of an I-130, I-600 or I-800 petition) will be $330.”

This being said, employment based application fees are to rise dramatically. Immigrant visa fees should not be confused with non-immigrant dual intent visa fees (such as those payable for the obtainment of a K1 visa or a K3 Visa) which are expected to rise in the future. Finally, an often overlooked service of the American Citizen Services section of a US Embassy or a US Consulate involves document notarization and legalization:

“Providing Documentary Services

The CoSS found the cost to the U.S. Government of providing documentary services overseas is $76.36 per service based on a projected FY 2010 workload of 380,000 services. These are primarily notarial services, certification of true copies, provision of documents, and authentications. However, the Department is raising these fees only from $30 to $50, lower than cost, in order to minimize the impact on the public.”

The above changes in the fee structure for Consular services will hopefully result in increased funds which will provide Americans with better services when they need important documentation.

Tags: American Citizen Services, consular report of birth abroad, CR-1 Visa, dual intent, IR-1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K3 Visa, notary service at US Embassy, passport, US Consulate, US Embassy, US Visa
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