Integrity Legal

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 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
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 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 | 1 Comment »

For those who have gone through the United States Immigration process or those who are thinking of doing so, the acronym USCIS will become familiar if it is not already. USCIS stands for the United States Citizenship and Immigration Service. This organization adjudicates many Immigrant visa petitions before they are sent to the the Department of State. In many ways USCIS carries out their duties in an effective and efficient manner. However, there are some situations in which some individuals feel that USCIS oversteps their authority.

In a recent blog posting, the past president of the American Immigration Lawyers Association wrote about the issues surrounding USCIS and dereliction of what some perceive as the proper interpretation of Federal law:

“[T]wice in the last two months the USCIS has issued “memos” that so dramatically change the framework under which these key programs operate, that it has clearly violated the APA [Administrative Procedure Act].”

The posting went into further detail below:

“USCIS has taken ignoring Federal Law to a new level with its recent actions. Of course we all know that the USCIS has been illegally changing the rules as they apply to individual cases for the last several years by engaging in “rulemaking by RFE;” making ridiculous requests for evidence, not based on any legal requirement, but rather, based upon someone’s bizarre notion of what they think the law should be, not what it really is. Now, however, with the two newest “Neufeld Memos” the USCIS has simply gone too far…The Neufeld memo on the EB-5 program, essentially makes that job creation program unworkable, and the Neufeld Memo on the H-1B program, literally changes decades of established policy on the most important visa allowing U.S. companies to hire foreign nationals.”

With regard to the employment visa issues noted above, the details of the memos in question have yet to be resolved. However, based upon anecdotal evidence from some practitioners, there does appear to be something of a rise in the number of Requests for Evidence (RFE) being promulgated by USCIS. This author can neither confirm nor deny that RFEs are on the rise, but it leads to the issue of RFE avoidance. Particularly in family visa cases, such as petitions for a K1 visa or a K3 Visa, a couple must be separated during the US visa process. Therefore, if an RFE is avoided it could mean that the couple will be reunited more quickly. As a result, proper petition preparation is necessary in order to have a better chance of forestalling an RFE.

Tags: AILA, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, Request For Evidence, RFE, US Visa, US Visa Process, US Visa Thailand, USCIS Request for Evidence, USCIS RFE, Visa Process
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 Visa and Immigration, US Visa Thailand, USCIS | No Comments »

As many are aware, the tragedy in Haiti left many Haitians without a home. The United States Citizenship and Immigration Service (USCIS) has acted with alacrity in authorizing Temporary Protected Status (TPS) to those Haitians who were in the USA at the time of the earthquake.  In this situation TPS was granted based upon humanitarian reasons as US policymakers felt that it would be inhumane to send Haitians back to a devastated nation.

Like many facets of American Immigration, the recent announcement regarding TPS for Haitians has resulted in “fly by night” operations preying upon the public by claiming that they can assist. Fortunately, USCIS made the following announcement:

“Please be aware that some unauthorized practitioners may try to take advantage of you by claiming they can file TPS forms. These same individuals may ask that you pay them to file such forms. We want to ensure that all potential TPS applicants know how to secure legitimate, accurate legal advice and assistance. A list of accredited representatives and free or low-cost legal providers is available on the USCIS website under Resources/Finding Legal Advice. Please see our Fact Sheet, “USCIS Warns of Immigration Scams Targeting Haitian Applicants for Temporary Protected Status” for helpful tips and further information on how to protect yourself from becoming a victim of fraud. We hope you will use this resource.”

“You do not need to have an attorney or a representative to apply for temporary protected status. If you choose to have a representative when filing an application or petition with USCIS, you may be represented by an attorney or an accredited representative of a recognized organization. Your representative must file a “Notice of Entry of Appearance as Attorney or Representative” form (Form G-28) with your TPS application. Please visit the “Finding Legal Advice” page on the USCIS website for more important information on this topic.”

Those seeking assistance in US Immigration matters should keep in mind that only a licensed attorney or an indvidual certified by the Board of Immigration Appeals is entitled to represent clients before USCIS, the Customs and Border Protection Service, and the Immigration and Customs Enforcement Service. In Thailand, many so-called “law firms” claim that they can assist in Immigration matters such as K1 visa and K3 visa obtainment when in fact they are legally precluded from doing so under US law unless they have US licensed attorney on staff. Anyone claiming to be a US attorney should be asked if they can produce a license to practice law in the USA or a membership card to an American Bar Association.

Tags: K-1 Visa, K-3 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, TPS, US Visa Thailand, USCIS
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The method of making an appointment at the US Embassy in Bangkok depends upon the reason for the appointment. For example, the appointment process for obtaining a Consular Report of Birth Abroad is different than the process for obtaining an appointment for a non-immigrant visa interview.

Many expatriates in Thailand seek such services as: Consular Reports of Birth Abroad (a document akin to a birth certificate) , notarization, visa page replacement, and new passport issuance. Virtually all of the issues surrounding these services can be dealt with at the American Citizen Services Section of the United States Embassy in Bangkok.  For those interested in making an appointment with the American Citizen Services Section of the US Embassy in Bangkok, it may be wise to click on this link.

For those who need a non-immigrant visa to the United States a visa interview appointment will likely be required. For those unfamiliar with the US visa process, a non-immigrant visa is granted to an individual who does not have the intention of remaining in the USA. Popular non-immigrant visa categories are the J1 visa, the F1 visa, the B1 visa, and the B2 visa (also known as a Tourist visa). The aforementioned visa categories are not the only non-immigrant visas, but they are currently the most popular among those interviewing at the US Embassy in Bangkok. For those interested in more information about non-immigrant visas please click here.

Another common reason for needing an appointment at the US Embassy in Bangkok is the need to finish the American Immigration process. For those who wish to immigrate to the United States, in order for a US visa to be issued, the applicant must undergo a visa interview. In Thailand, the popular immigrant visas are category CR-1 and IR-1 for Thai spouses. Although not immigrant visas in the strict sense of the word, the K1 visa and the K3 visa are treated as immigrant visas because they are dual intent travel documents. A dual intent visa (travel document) is designed for a foreign national to enter the United States in non-immigrant status with the option of adjusting status to that of an Immigrant at a later date. For many, the Immigrant visa process is time consuming and the final phase of the process can cause anxiety in many applicants. However, for the applicant who tells the truth and is forthright in their application, there is usually no reason to be anxious as the visa interview is nothing more than an exercise of due diligence on the part of the Consular officers. For more on immigrant visas please click here.

Tags: B1 Visa Thailand, B2 Visa Thailand, F1 Visa Thailand, J1 Visa Thailand, K-1 Visa, K-1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Tourist Visa Thailand, US Visa Thailand, US Visa Thailand Appointment
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, IR1 Visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand | No Comments »

Recently, the United States Tenth Circuit Court held that, under certain circumstances, those holding K-2 visas who wish to adjust status do not “age out.” The tenth circuit’s opinion is found in Colmenares Carpio v. Holder, No. 08-9536 (10th Cir. Jan 12, 2010). To quote directly from the immigration slip opinion blog regarding the underlying facts of the case:

The petitioner entered the United States in K-2 status 6 months before turning 21. His mother married the US citizen within the required 90 days, and the petitioner and his mother applied for adjustment of status before he turned 21. USCIS took two and a half years to decide his application for adjustment of status. USCIS denied the application based on Petitioner’s age on the date of adjudication of the application. An Immigration Judge found that Petitioner was not eligible to adjust status because he was over the age of 21, and the BIA affirmed with a one paragraph unpublished decision.

To further quote the aforementioned blog, within the language of the opinion, the Tenth Circuit Court commenced with an analysis “of [the] statutory construction and found that there is no age limitation on adjustment of status of K-2 visa holders.” That being said, the court’s analysis in this case, “declined to address other scenarios such as when the marriage or the filing of the application occur after turning 21.”

This decision deals with a somewhat narrow set of facts as the K1 visa holder managed to arrive in the US, marry within 90 days, apply for adjustment of status and obtain approval prior to the K2 visa holder’s 21st birthday. The K2 visa holder applied for adjustment of status prior to his 21st birthday, but the case was not adjudicated until afterward.  This court in the above cited opinion has held that based upon these facts, the K2 visa holder did not “age out” and could therefore still adjust status.

For those who are unaware of how the K1 visa process works: the K-1 visa holder enters the United States and has 90 days to get married and apply for adjustment of status. The K1 (or K2) holder is allowed to remain in the USA pending a decision on the adjustment application (in fact is departure is necessary an advance parole travel document should be obtained prior to departure in order to preserve status).

A K2 visa is derivative of a K1 and is intended for the children of K1 visa holders. The statute is somewhat ambiguous regarding K2 visa holder’s rights when it comes to adjustment of status, but the opinion above has clarified some of the issues surrounding K2 visas, but further clarification is needed as in a different factual scenario it is possible that a K-2 visa holder could be barred from adjusting their status.

Tags: Adjustment of Status, Aging Out K-2 Visa, Aging Out K2 Visa, K-1 Visa, K-1 Visa Thailand, K-2 Visa, K-2 Visa Age Out, K-2 Visa Aging Out, K-2 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Age Out, K2 Visa Aging Out, k2 visa thailand, US Visa, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, Upcoming Legislation, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

As with any large government agency, errors can occur in processing government documentation. The United States Citizenship and Immigration Service (USCIS) is not immune to human error and recently the Service issued some advance parole travel documents with incorrect dates. To quote a press release promulgated by the American Immigration Lawyers Association:

“U.S. Citizenship and Immigrations Services (USCIS) announced today that it will reissue Advance Parole documents (Form I-512) in response to documents that were mailed to applicants with an incorrect issue date of January 5, 1990. All affected documents have been identified and USCIS will automatically reissue documents to individuals who have received a document with the incorrect issue date.”

It is fortunate that USCIS caught this problem and took steps to remedy the situation. The aforementioned press release went on to say:

“All documents continue to be valid as the expiration dates remain accurate, therefore it is not necessary for applicants to contact USCIS regarding their pending application unless their application is outside the normal processing time of 90 days.”

Again, as USCIS took steps to quick deal with this problem the impact upon prospective immigrants or those with pending visa applications is likely to be blunted.  However, sometimes prospective immigrants or non-immigrants in the United States need to leave the country for an emergency, but do not wish to forfeit their immigration benefits by doing so, this press release went on to detail the steps that immigrants can take to obtain an emergency advance parole travel document:

“If you need to travel urgently and you have received a document with an invalid issue date, then you may travel using the incorrect document. U.S. Customs & Border Protection (CBP) has been alerted however, you may be questioned about the issuance date. Therefore, please print this explanation to share with CBP if necessary.”

For those unfamiliar with the subject of advance parole, it is the legal staus that a prospective immigrant or non-immigrant must obtain in order to leave the USA and return in status. This can be a particularly important issue for those present in the US on a K1 visa or a K3 Visa where the applicant has submitted an application for adjustment of status. Unlike an Immigrant Visa (CR1 or IR1), a K1 fiance visa or a K3 marriage visa requires that the applicant adjust status in order to obtain lawful permanent residence. Although this rarely comes up in the context of a K3 visa, the validity of a K1 visa is of such short duration that the underlying visa usually expires before the adjustment of status is approved. While the application is pending the K1 holder will be allowed to remain in the US, but if they leave before adjusting status they will fall out of status if they do not receive advance parole.

Tags: advance parole, 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 Thailand, K3 Visa, K3 Visa Thailand, travel document, US Visa Thailand, USCIS
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »