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Integrity Legal

Archive for the ‘K1 Visa Thailand’ Category

11th July 2009

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

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

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

For more information please see: US Visa Lawyer Thailand

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

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10th July 2009

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.)

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8th July 2009

Integrity Legal’s Thailand office is located in Bangkok, the nation’s capital. The majority of United States Visa cases that the firm handles are those involving loved ones of United States Citizens or Lawful Permanent Residents. Visas that require a familial relationship for approval are not generally processed at the Consulate General of the United States in Chiang Mai. For the most part,  the Chang Mai consulate handles non-immigrant visa applications. As a result, when writing this blog we sometimes overlook the US Consulate General in Chiang Mai even though the post does handle a significant amount of US Immigration matters.

The most common types of non-immigrant visas that the Consulate adjudicates are F-1 Student Visas, J-1 Exchange Visitor Visas, and B-1 Business Visas. Also, I assume that the Consulate General sees a great many applications for the US Tourist Visa.

Some US Citizens who are either living in Northern Thailand or who have a Thai fiancee or spouse from Northern Thailand mistakenly seek to obtain a K-1 visa or US Marriage visa from the Consulate in Chiang Mai. As all of these visas require some form of immigrant intent, they are usually not processed at the Consulate in  Chiang Mai, but instead find their way to the United States Embassy in Bangkok.

Other than processing visa applications and dealing with United States Citizens who need assistance, the Consulate also supports the exchange of information and culture between the Kingdom of Thailand and the United States of America. The Consulate General in Chiang Mai is involved in efforts to help preserve the environment. The American Consulate in Chiang Mai is a major supporter of programs to catch those involved in the trafficking of people across international boundaries. The United States of America actively and constantly supports efforts within the Kingdom of Thailand to stamp out the farming of opium. The US Consulate seems to wholeheartedly support the idea of providing information and incentives for farmers to grow other crops in place of opium.

Although we write about the US Consulate in Chiang Mai quite a bit less than the US Embassy in Thailand. It is still staffed by efficient and professional officers who do their job in an efficient and effective manner.

The Website for the consulate is very helpful for those seeking Consular assistance.

(Nothing contained in this post should be used as legal advice. No attorney/client relationship is created by reading this post. For legal advice contact an attorney. For more information about Immigration and visa issues in Chiang Mai, please contact the Consulate.)

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7th July 2009

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.

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6th July 2009

US Immigration and Thai Immigration have a great deal in common and also many differences. I decided to write a quick blog post exploring the differences between the two systems in order to provide more clarity for those seeking to immigrate to either Thailand or the United States.

With regard to ease of visa obtainment, overall it is generally more difficult to obtain a USA visa than a Thai Visa. That being said, there are certain aspects of US Immigration that are far more generous than Thailand’s system. For example Thai Permanent Residence is very difficult to obtain from a practical standpoint and almost no one enters the country with Permanent Residence, especially if they have never been to Thailand before. In contrast, the United States confers lawful permanent residence upon entry to the USA for those married to a United States Citizen for longer than 2 years at the time of visa application.  For those married less than 2 years at the time of application, conditional permanent residence is immediately granted upon entry and the conditionality must be lifted later.

A Thai Business Visa is somewhat similar to an American Business Visa in that both allow for travel to the USA or Thailand for business purposes. However, neither visa actually confers the right to work in either country. This is where the similarities end because in order to obtain lawful employment in the USA the immigrant would need to get a visa that has work authorization. In Thailand, the immigrant would need to obtain a Thai work permit. Getting work authorization for Thailand is somewhat easier in Thailand than in the United States.

The Thai Tourist Visa and the American Tourist Visa are quite similar. They both are non-immigrant visas designed for recreational purposes. Currently, the Thai Tourist visa is being offered free of charge to those wishing to visit the Kingdom of Thailand. This is not the case for the American tourist visa as a non-immigrant application fee and pin number fee are required for those applying for a tourist visa.

One of the most significant differences between United States Immigration and Immigration to Thailand is the fact that Thailand does not have any provisions in its Immigration law for a Fiance visa. The Fiancee Visa in the United States is commonly know by its visa category classification: K-1 visa. No matter what it is known as, it is designed to allow a Fiancee of an American Citizen entry into the United States for the purpose of marriage and permanent residence in the USA. Thailand has nothing remotely resembling this type of visa. Further, it does not appear that Thailand will be creating anything like the K1 Visa anytime soon.

Overall, Thai Immigration is dissimilar to American Immigration because US Immigration is far more substantially funded and has more agents operating under the aegis of USCIS and the US State Department.

(Nothing contained in this blog post should be used as legal advce. No Attorney/client relationship shall be created between author and reader.)

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1st July 2009

President Obama has recently been criticized by many members of the LGBT community for what appears to be a reversal of his campaign stance on same-sex rights.  Presently President Obama’s Justice Department is defending the Defense of Marriage Act (DOMA) in the US courts. However, President Obama has made statements claiming that while his administration is in the process of enforcing the provisions of DOMA, he is also working to have the law repealed. Apparently, President Obama is trying to apply pressure to Congress in order to make them repeal the Defense of Marriage Act. Mr. Obama was quoted in a speech as saying:

“I’ve called on Congress to repeal the so-called Defense of Marriage Act to help end discrimination against same-sex couples in this country. Now, I want to add we have a duty to uphold existing law, but I believe we must do so in a way that does not exacerbate old divides. And fulfilling this duty in upholding the law in no way lessens my commitment to reversing this law.”

What are the Consequences on US Immigration if the Defense of Marriage Act is Repealed?

Should the Defense of Marriage Act be repealed, the upshot would be that the Federal government would recognize same-sex marriage. Therefore, US Immigration benefits would likely be conferred based upon a marital relationship. Thus, if a same sex couple enters into a valid marriage in a country like Belgium, then they could file an I-130 petition for a CR-1 visa based upon their relationship (under this hypothetical scenario, they could also file a supplemental visa application for a K3 visa).

In another hypothetical situation, the same couple are now unmarried, but they have a bona fide relationship and intend to marry in the United States in a jurisdiction that allows and recognizes same sex marriage (Massachusetts for example). This factual situation would likely allow that couple to file a visa application for a K-1 visa because the parties would meet the legal requirements imposed upon those wishing to obtain a US visa for a fiance.

It is currently uncertain whether Obama will successfully lead the charge to repeal the Defense of Marriage Act. What is certain is the fact that should the Defense of Marriage Act be repealed it will have a major impact on United States law and a crucial impact upon same sex immigration rights. If Obama is successful in repealing DOMA the upshot will likely be that the Uniting American Families Act (UAFA) will be rendered superfluous because same sex marriage would be included in the umbrella term “marriage” under current US Immigration law.

(Please not that the above information is for eductaional purposes only. No attorney-client relationship shall be inferred to be formed between the author and any readers of this post.)

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28th June 2009

US Immigration from Thailand can be a complex and multifaceted process. Compiling Immigration forms and  documentation can be an arduous task for an American Citizen who understands the English language fluently. This difficulty is compounded when one takes into account the fact that a language barrier and 12 hour time difference can slow the visa obtainment process immeasurably. In some cases, the Thai fiancee must deal with Thai government offices, which can be frustrating and confusing depending upon the office in question.

In a previous post we discussed how retaining a US Immigration Lawyer can be highly advantageous for those seeking to obtain a US visa from Thailand. An American attorney on the ground in Bangkok can expedite the visa process by assisting a Thai fiancee with the US Immigration forms and 221 g follow up documentation at the US Embassy Thailand. Many American Citizens enjoy the peace of mind that comes from knowing a US visa lawyer is assisting their Thai loved one in real time.

That being said, there are certain aspects of the US visa process where a Thai attorney can be a boon to both the American client and the Thai fiancee. The first instance in which a legally trained Thai who is fluent in English can be useful is document translation. Thai legal documents that are pertinent to Visa obtainment should be translated by one with both a fluency in English and a familiarity with Thai law.  Further, some documents that are quite common in Thailand, have no analogous counterpart in the American common law system. A lack of familiarity with Thai legal documentation can create confusion and delay for visa cases submitted and processed by American citizens who opt not to retain representation. Therefore, a Thai attorney’s expertise with Thai legal documents can be essential to an expeditious visa processing time frame. Requests for Evidence (RFE) from USCIS and 221 g denials are far less common where the petitioner and beneficiary have opted to retain a firm that employs Thai and American attorneys.

A Thai Attorney can be of real assistance when it comes to dealing with government offices because they are familiar with bureaucratic protocol and can speak to the Thai officers in their own language.

A Thai attorney can assist an American attorney with preparing the applicant for the visa interview in Bangkok.  This preparation helps the fiancee or spouse feel more comfortable about the impending interview and also will make the interview proceed more quickly because the Thai is given a “heads up.”

A Thai attorney can be of great assistance in US Immigration matters, but they will not be able to accompany a Thai fiancee to the Visa interview at the US Embassy in Bangkok. No one is allowed to accompany a Thai visa applicant to the visa interview (this includes the US Citizen spouse or fiancee). With the large caseload processing through the American Embassy in Bangkok, the waiting room cannot accommodate all of the relatives of those seeking US Visas.

(Please note: the content contained herein is intended for informational purposes only. No attorney/client relationship is created by reading this post.)

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26th June 2009

There are essentially three government agencies that have a hand in the US Visa process: the United States Citizenship and Immigration Service (USCIS), the National Visa Center (NVC), and the United States Department of State (the Department with jurisdiction over the US Embassies, Consulates, and Diplomatic Posts abroad). Of these three agencies, USCIS has the case in its possession for the longest period of time because the petition must be initially adjudicated by their officers.

Within the USCIS administrative structure there are two service centers that handle the adjudication of the K1 visa application and K3 visa application for fiancees of United States Citizens (in both cases, the actual application form is called the I-129f). The Services Centers are located in California and Vermont, respectively. They each have their own unique jurisdiction depending upon the residence of the petitioner.

Within the past few days, the USCIS service center in California issued a revised estimate regarding how long it is taking for adjudication of K-1 visa applications and K-3 visa applications. They are now estimating that it will take 5 months for the average visa petition to be adjudicated. This is compared to the previous estimate of 6 months.

As I have explained on this blog and to people in the past. This estimate tends to be quite conservative as we tend to see these petitions adjudicated by USCIS in a much more timely manner than this. That being siad, the prospective immigrant or sponsor should be aware that the petition must also pass through the National Visa Center (which generally processes I-129f petitions faster than Immigrant Visa petitions) and the US Embassy Bangkok.

K3 visas a re also different because one needs to take into account the underlying I-130 petition that acts as the foundation for the supplemental I-129f petition that garners an expedited visa.

At the back of everyone’s mind should be the idea that all time frames for visa obtainment are estimates only as many factors can be at play when a visa application is processing. The best advice is to plan for the worst, but hope for the best. It has been our experience that the US Embassy in Thailand works in a very efficient manner in an effort to get petitions adjudicated quickly. The USCIS service centers are generally the “bottleneck” where visa applications can get delayed.

(No aspect of this piece should be construed as legal advice because this post is written for educational and informational purposes only. No attorney-client relationship should be construed to exist between the author and reader of this post.)

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20th June 2009

A question sometimes posed with regard to US Immigration from Thailand involves the possibility of a Thai fiancee or spouse eventually acquiring United States Citizenship by naturalization. Even in a case in which the couple in question is seeking a K-1 visa or a K-3 Visa (which are both non-immigrant visas) there still seems to be an underlying belief that eventually the immigrant fiancee or spouse will one day wish to acquire United States citizenship.

Many people wonder about the time and residency requirements for naturalization. In many cases the ability to read, speak, and write in the English language is a requirement and a general knowledge of the history and government of the United States is also mandatory.

As to the residency requirement, the United States Citizenship and Immigration Service (USCIS) stipulates that one must have been lawfully admitted to permanent residence in the United States in order to subsequently apply for citizenship. The USCIS website goes further and states:


“Lawfully admitted for permanent residence means having been legally accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Individuals who have been lawfully admitted as permanent residents will be asked to produce an I-551, Alien Registration Receipt Card, as proof of their status.”

To quote further from the USCIS website, in order to Naturalize as a United States Citizen one must meet the following eligibility requirements set forth under the Immigration and Nationality Act. Basically, the applicant must:

  1. have resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
  2. have been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant’s continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
  3. have resided within a state or district for at least three months

Beyond these requirements the applicant must also show that they are of good character. Which is best indicated by an absence of criminal record. In cases where a child of an American Citizen is not eligible to acquire US citizenship at birth, naturalization technically occurs automatically upon the child’s entry into the United States on an Immigrant Visa.

Please note: that where the applicant for naturalization gained lawful permanent residence due to marriage to a United States Citizen, the time requirement for naturalization is 3 years of permanent residence and 18 months physical presence in the United States.

(This post is intended for general informational purposes only and should not be used as substantive legal advice. For more information please contact a licensed attorney. This post does not create a lawyer-client relationship between the person writing this post and those later reading it.)

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18th June 2009

Hiring an Immigration attorney is a decision that each couple makes based upon their unique set of circumstances and that decision should be made after careful review and research. That being said, when the decision is made that a US visa lawyer is necessary,  sometimes couples are unwittingly duped into hiring a non-licensed “immigration consultant” or “visa agent.” In even worse situations, the couple believes that they are actually retaining the services of a licensed lawyer when in fact they are dealing with someone who has never completed formal legal training or been licensed to practice law.

Form G-28 is a required form that must be submitted to the United States Citizenship and Immigration Service (USCIS) when the initial visa application is sent to the USCIS Service Center. Basically, the G-28 puts the United States government officers working at USCIS on notice that an attorney will be representing the petitioner, beneficiary, or (more common in family base cases) both parties. Further, the US Embassy in Bangkok will currently allow attorney’s to present 221g follow up documentation provided a G-28 form has been signed by the Beneficiary and the attorney can produce credentials showing that they are in fact licensed to practice law in at least one United States jurisdiction.

One of the convenient aspects of hiring an attorney from the point of view of the United States Citizen petitioner and the Thai fiancee Beneficiary is the fact that once the attorney enters his or her appearance, then most, if not all correspondence, will be sent to the attorney’s office.

Also, the G-28 acts as a litmus test to determine if the person or organization one is dealing with is an actual attorney or law firm. USCIS has made regulations which stipulate that only attorneys and non-profit organizations are allowed to represent clients in United States Immigration matters. With regard to non-profit organization, these types of institutions are defined as those like the Red Cross or other non-governmental refugee organizations. In circumstances where a “representative” is used who is not a licensed attorney, USCIS has stated that the representative must take little or nothing with regard toa fee. This provision seems truly to have been designed with organizations assisting indigent refugees in mind.

On the G-28 form, the attorney, petitioner, and beneficiary will need to affix their signatures. The attorney will also place his or her state of licensure on the form. In the case of the K-1 visa application, the attorney will also place his or her G-28 number on the form I-129f.

For further information please see:

K1 Visa

K3 Visa

(Please be on Notice: this piece is not intended to be regarded as a substitute for legal advice. Please seek legal advice from a licensed attorney. This post creates no lawyer-client relationship between the parties writing or reading it.)

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