Integrity Legal

As regular readers will likely note, we try to provide relevant and useful information to those interested in obtaining a US family visa from abroad. Below are the processing times for the United States Citizenship and Immigration Service (USCIS) Centers which process Immigrant and non-immigrant family based petitions for visas such as the K1 visa, the K3 Visa, the CR1 Visa, and the IR-1 Visa. The following processing time estimates for the California Service Center were quoted directly from the USCIS website:

As USCIS has two service centers which handle Family based Immigration adjudications it is fitting to post both both sets of processing time estimates. The following processing time estimates for the California Service Center were quoted
directly from the USCIS website:

If a family based petition is adjudicated and approved by USCIS, then it will be forwarded to the National Visa Center in New Hampshire where it will be processed and sent to the the US Embassy or US Consulate with appropriate jurisdiction. For further information about US Family Immigration generally please see: US Marriage Visa.

Tags: advance parole, CR1 Visa, E2 Visa, Fiance Visa, I-131, IR1 Visa, K1 Visa, K3 Visa, L1 Visa, National Visa Center, Spouse Visa, US Marriage Visa
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

This blog is dedicated to providing relevant information for those with pending Immigration petitions before the United States Citizenship and Immigration Service (USCIS). With that in mind, it is particularly important to provide relevant information to military personnel who have a spouse or loved one processing through the American Immigration system. This author recently discovered that USCIS has posted a set for frequently asked questions  (and their answers) regarding the US Immigration process for military personnel and their families. Below is a list of Questions and Answers promulgated by USCIS and distributed by the American Immigration Lawyers Association (AILA):

Questions and Answers for Members of the Military

U.S. Citizenship and Immigration Services (USCIS) offers immigration services and resources specifically for members of the U.S. Armed Forces and their families who are stationed in the United States and abroad. USCIS established a military assistance team to ensure that the military community receives quick and secure access to accurate information. Below is a list of answers to frequently asked questions received by our military assistance team.

Adjustments

Q. What is the fee for the Application for Naturalization (Form N-400) filed by spouses of military members?

A. The filing fee for the Application for Naturalization (Form N-400) is $675 ($595 plus a biometrics fee of $80). Individuals who submit FD-258 Fingerprint Cards directly to USCIS with their applications are not required to pay the biometrics fee. Applicants filing from within the United States should submit a single check or money order of $675 made payable to Department of Homeland Security or U.S. Citizenship and Immigration Services.

Q. I am a military member stationed abroad with my dependents. Can my dependents have their naturalization interviews conducted overseas?

A. Yes. Certain spouses or children of service members residing abroad with that service member (as authorized by official orders) may be eligible to become naturalized citizens without having to travel to the United States for any part of the naturalization process. Please see “Fact Sheet: Requirements for Naturalization Abroad by Spouses of Members of the U.S. Armed Forces” and “Overseas Naturalization Eligibility for Certain Children of U.S. Armed Forces Members” on www.uscis.gov/military for more information.

If you have an appointment for a naturalization interview and you have transferred overseas, contact USCIS by calling the Military Help Line by telephone: 1-877-CIS-4MIL (1-877-247-4645) or email: [email protected] and request to have your case transferred to your nearest USCIS overseas office.

Submitting Biometrics

Q. I am an active duty military member and am required to submit biometrics at a USCIS Application Support Center (ASC). Do I need an appointment?

A. No. Active duty military members do not need an appointment and will be accepted on a walk-in basis at any ASC in the United States. You should bring your military ID with you to the ASC.

Q. Can I submit fingerprints before I file the Application for Naturalization (Form N-400)?

A. Yes. You may submit fingerprints even if you have not yet submitted an Application for Naturalization.

Q. Where can military members or dependents that are living abroad go to have the fingerprints taken?

A. Military members and dependents stationed abroad can submit 2 properly completed FD-258 Fingerprint Cards taken by the Military Police, Department of Homeland Security officials or U.S. Embassy or Consulate officials.

Q. If my military installation does not use FD-258, can I submit another type of fingerprint document instead?

A. FD-258 is the preferred document used to submit fingerprint, however USCIS may be able to accept a comparable document, such as the Department of Defense SF-87, in place of the FD-258. Please contact the USCIS Military Help Line at 1-877-CIS-4MIL (1-877-247-4645) for more information.

General Information
Q. What are the criteria to have an application or petition expedited for military personnel?

A. USCIS reviews all expedite requests on a case-by-case basis. Some examples of situations that may
qualify for expedited processing include:
• Pending military deployment
• Extreme emergent situation
• Humanitarian situation
Please contact your local USCIS office or the USCIS Military Help Line at 1 877 CIS 4MIL (1-877-
247-4645) for more information.

Q. I am an active duty military member stationed abroad. How do I check the status of my application?

A. You can check their status of any application by clicking on the “Check My Case Status” link on the right-hand side of this page. Note: when checking the status of an I-751, you must use the receipt number from the ASC appointment notice. You may also call the USCIS Military Help Line at 1-877-CIS-4MIL (1-877-247-4645).

It is admirable that USCIS took the time to provide this information to those serving in the American military. Many feel that one of the positive aspects of the US immigration system is the care and attention provided to members of the Armed Services and their families.

For information about Immigration options for Thai spouses and Fiances of US Citizens please see: US Marriage Visa or Fiance Visa Thailand.

Tags: American Immigration, American Visa, Fiance Visa Thailand, Immigration US Military, US Immigration, US Marriage Visa, US Visa, USCIS Frequently Asked Questions
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, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

This blog routinely discusses issues and news relevant to US Immigration. In a recent announcement from the Office of Public Engagement, within the United States Citizenship and Immigration Service (USCIS), it was noted that a new Director has been named to oversee the activities of the California Service Center. The following is a copy of the announcement directly quoted from the American Immigration Lawyers Association (AILA) website:

Dear Stakeholders,

USCIS Director Alejandro Mayorkas has appointed Rosemary Langley Melville, currently the Acting Regional Director in the Southeast Region, as the new California Service Center (CSC) Director. Ms. Melville will assume her new responsibilities in late August.

Effective Monday, July 12th Barbara Velarde, Deputy Associate Director for Service Center Operations, assumed the role of Acting Director of the CSC with Phoenix District Director John Kramar as the Acting Deputy Director. We look forward to working together as we continue to address areas of common interest.

The California Service Center plays an integral part in US Family Visa cases as it processes a large number of visa petitions each year. For those living in certain Western US States the California Service Center is most often the processing point for K1 visa applications as well as the I-129f petitions submitted in connection with the K3 Visa category.

Those seeking traditional US Marriage Visa benefits may also have their petition processed by the California Service Center. When an I-130 petition (used by those seeking the CR1 and/or IR1 visa) is submitted to USCIS, the Lockbox Facility will usually forward the petition to either the California Service Center or its counterpart, the USCIS Service Center in Vermont. USCIS adjudicates the merits of the petition and assuming there is an approval in the case the file will be forwarded to the Department of State’s National Visa Center where it will either be quickly forwarded to the proper US Consulate or US Embassy (as is the case in the K1 visa process or the K3 visa process) or the NVC will hold the petition and begin the process of accumulating relevant documentation. After necessary documents are compiled the whole file will be forwarded to the Consular Post with appropriate jurisdiction.

If a visa application is denied by the US Consulate then the file will be sent back to USCIS for revocation. Under certain circumstances, a petitioner may challenge a USCIS revocation.

For further information regarding recent developments pertaining to Consular Processing and USCIS revocation please see: US visa denial.

Tags: United States Citizenship and Immigration Servioce, US Embassy, US Family Visa, US Marriage Visa, US Visa, us visa denial, USCIS, USCIS California Service Center
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, News, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | 2 Comments »

In a recent announcement from the American Department of State it was revealed that those agencies tasked with issuing US visas are to add security features to American travel documents issued to foreign nationals. To quote the announcement as posted on the American Immigration Lawyers Association (AILA) website:

This public notice announces an amendment to the Biometric Visa Program. Section 303 of the Enhanced Border Security and Visa Entry Reform Act of 2002 has required, since October 26, 2004, that all visas issued by the Department must be machine-readable and tamper-resistant and use biometric identifiers. In consultation with the Department of Homeland Security (DHS) and the Department of Justice (DOJ), the Department determined that fingerprints and a photo image should be required as biometric identifiers. When the biometric visa program began, available technology allowed for the efficient capture and comparisons of only two fingerscans. As a result of technological improvements, the Department instituted a ten fingerscan standard to raise the accuracy rate in matching fingerscans and enhanced our ability to detect and thwart persons who are eligible for visas.

As implied above, the Department of States is not the only American agency which will have a role in creating more effective security enhancements for American visas. The Department of Homeland Security will also play a part in this important endeavor. To further quote the announcement posted on the AILA website:

In establishing the Biometric Visa Program, the Department coordinated closely with the Department of Homeland Security (DHS). The Biometric Visa Program is a partner program to the DHS US-VISIT Program that is in effect at U.S. ports of entry and that uses the same biometric identifiers. By coordinating these two programs, the two departments have ensured the integrity of the U.S. visa. This is accomplished by sending the fingerscans and photos of visa applicants to DHS databases. When a person to whom a visa has been issued arrives at a port of entry, his or her photo is retrieved from a database and projected on the computer screen of the Customs and Border Protection officer. The person’s fingerscans are compared to the fingerscans in the database to ensure that the person presenting the visa is the same as the person to whom the visa was issued.

The new security features are likely be used for visa categories such as the K1 visa, the K3 Visa, and the common US Family Immigrant visas (CR1 Visa, IR1 visa) not to mention the non-immigrant visa categories such as the B1 visa and the B2 visa. That said, it seems unlikely that this will have an adverse impact upon those who seek a US visa in compliance with relevant US law.

Although the full-scale implementation of this program has yet to take effect, there are many who feel that more effective security measures will help ensure that there will be less fraud perpetrated against the United States government by foreign nationals wishing to illegally enter the USA.

For further information specifically related to US Consular Processing in Thailand please see: US Embassy Thailand.

Tags: B1 visa, B2 Visa, Consular Processing, CR1 Visa, Fiance Visa, IR1 Visa, K1 Visa, K3 Visa, us embassy thailand, US Visa
Posted in CR1 Visa, Department of Homeland Security, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Consulate ChengDu, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, 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 Tourist Visa, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »

This blog primarily reports upon issues revolving around US Family Visas. With that in mind the following announcement was made in a press release from the United States Department of Homeland Security’s Citizenship and Immigration Service (USCIS) Ombudsman, this quote is provided by the American Immigration Lawyers Association (AILA):

During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2A preference category). In FY 2009, approximately 10,000 family-based visas were unused and, by statute, were reallocated for use by employment-based immigrants in FY 2010.

It is interesting to note the relative lack of interest in Family based visas under preference category F-2A because, in this author’s experience, there is little decline in the demand for spouse and family based visas for the immediate relatives of American Citizens. That said, there seems to have been a slight decrease in demand for the K1 visa in Thailand, but this is likely attributable to the recent unrest in the city of Bangkok.

For those readers who are unaware, United States Citizens may petition for their foreign fiancee to travel to the USA on a K1 Fiance Visa. After arrival the fiancee must marry the American petitioner within 90 days of entry and subsequently file an application for adjustment of status. Those American Citizens with a spouse overseas may petition for a US Marriage Visa. There are multiple marriage visa categories although the once popular K3 Visa is no longer being processed by the National Visa Center where the underlying visa petition arrives contemporaneously or before the K3 visa application.

For those who are not United States Citizens, a K1 visa is not available for the fiancees of Lawful Permanent Residents. Furthermore, the spouse of a Lawful Permanent Resident is not given high priority compared to the spouse of a US Citizen. This preference has existed for a relatively long period of time. There are those who argue for “rolling over” the balance of preference petitions in order to provide a chance for later applicants to enjoy the higher relative priority. That being said, current Immigration policy favors employment petitions if there is are any unused visa numbers in the aforementioned family based category.

Some speculate that Comprehensive Immigration Reform will have a dramatic impact upon the overall Immigration system, but for now the current system remains and those seeking a family based visa in the F-2a category would be wise to file sooner rather than later.

Tags: American Visa, F-2A, Fiance Visa, K1 Visa, Preference Petition, US Visa, USA Visa
Posted in Department of Homeland Security, 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 Visa and Immigration, USCIS | No Comments »

Frequently this author uses this blog to post accurate processing time estimates for the United States Citizenship and Immigration Service (USCIS) Centers in the United States. USCIS is a key agency tasked with adjudicating Immigration petitions prior to possible Consular adjudication at a US Embassy or US Consulate abroad.

The following was quoted from the USCIS website on June 18, 2010. These are the current processing time estimates for the USCIS service center in California:

The following are estimated processing times for the USCIS Service Center in Vermont:

Those interested in bringing a foreign loved one to the United States on a K1 visa, K3 Visa, CR1 visa, or IR visa are advised to remember that the above processing time estimates do not take into account special circumstances, Consular Processing, I-601 waiver adjudication, or I-212 waiver adjudication. Therefore, those interested in obtaining a US visa are wise to consult a US Immigration lawyer prior to making any decisions as different visa categories can process faster relative to other categories.

Due to recent unrest in the Kingdom of Thailand, those processing through that Consular Post may find that it takes a bit longer to get an appointment compared to more tranquil periods. However, it should be noted that the US Embassy in Thailand has diligently worked to clear the backlog caused by the recent Embassy closure and processing is getting back to a state of relative normality.

For further information please see: US Visa Thailand.

Tags: American Visa, Consular Processing, CR1 Visa, How Much Time Does it Take to Get a US Visa, I-212 waiver, I-601 Waiver, IR1 Visa, K1 Visa, K3 Visa, US Consulate, US Embassy, US Visa, US Visa Thailand, USCIS, USCIS Processing Time
Posted in CR1 Visa, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, US Consulate Chiang Mai, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | 30 Comments »

On this blog, we regularly discuss the US Embassy in Bangkok, Thailand. However, we relatively rarely discuss the US Embassies and Consulates located throughout Southeastern Asia. There are many other American Diplomatic and Consular facilities in Southern Asia and one of those Posts is the US Embassy Jakarta. This Embassy is located in the capital city of Indonesia and routinely processes US visas such as the K1 visa, the K3 Visa, as well as the CR1 and IR1 visa categories. Just like any other US Consulate, the Consulate at the US Embassy in Jakarta is also tasked with adjudicating non-immigrant visa applications for categories such as the B1 visa, the B2 visa, the F1 visa, and the J1 visa (to name just a few).

Recently, this author came across an interesting statement from the US Embassy in Indonesia’s website which is quoted here:

The decision whether or not to hire a lawyer is yours alone.  We cannot tell you whether or not to obtain representation, nor can we recommend any specific lawyers.  If you do hire an attorney or other representative, that person may accompany you to your visa interview but may not/not answer questions on your behalf.  You, the applicant, must answer the consular officer’s questions.  If your case is complicated, or if you cannot devote the necessary care to properly prepare, then we encourage you to find a lawyer qualified in immigration law by visiting www.aila.org.

Generally, each Consulate sets its own rules regarding participation by American attorneys in the Consular processing phase of the US Immigration process. Some posts refuse to allow anyone except the beneficiary into the Consulate on the date of interview (this policy is generally based upon space considerations) while others allow virtually unfettered participation by American attorneys. Many ask: which is the better approach? For the most part, there is no “best” approach to Consular processing as each country is unique and certain considerations in one country may lead to one type of policy while different circumstances in another country results in a different policy decision by the US Consulate in that country. Furthermore, circumstances are always fluid and policies can change. For this reason, it is always wise to frequently check the status of the regulations at any facility in which one’s visa petition or application is awaiting adjudication.

Recently discussed fee increases are likely to impact those processing through US Embassies and Consulates worldwide as the Department of State recently raised the fees associated with many visa categories most notably those visas categorized as K visas.

Tags: American Consulate, American Embassy, B1 visa, B2 Visa, CR1 Visa, F1 Visa, IR1 Visa, J1 visa, K1 Visa, K3 Visa, US Consulate, US Consulate Indonesia, US Consulate Jakarta, US Embassy, US Embassy Indonesia, US Embassy Jakarta, US Embassy Jakarta Indonesia
Posted in IR1 Visa, K1 Visa, K2 Visa, K3 Visa, US Embassy Indonesia, US Embassy Jakarta | No Comments »

With the recently announced fee increases associated with K visa applications filed overseas, there are many who feel that serious thought should be given to the type of visa a couple should petition to obtain. In the past, many couples who were thinking of marriage opted to apply for a US fiance visa, also referred to as a K1 visa. That being said, it was recently announced that the application fee for all K visas sought overseas would be increased from $131 to $350. Apparently, the resources accrued are to be used in furtherance of fraud prevention measures as well as implementation of measures meant to streamline the overall visa process. As the fee increase was only recently announced, it remains to be seen how newly acquired fees will be used on the Consular level. With that in mind, it has also been recently announced that USCIS may be raising fees for Immigrant visa petitions. For those who are unfamiliar with this blog, it should be noted that for purposes of traveling to the USA, the K1 visa and the K3 Visa are considered to be immigrant visas even though they do not automatically confer lawful permanent residence to the bearer upon entry in the USA.

Those seeking a US visa would be prudent to seriously consider their options because the costs associated with the process of applying for and obtaining a CR1 visa or an IR1 visa may be lower in some cases when compared to the costs associated with the K1 visa process. When viewed from a long term perspective the CR1 visa, although more time consuming to obtain, confers lawful permanent residence to the bearer upon entry and thereby negates the necessity of adjustment of status which is necessary for those who travel to the US on a K1 visa with the intent to marry the Petitioner and remain in the USA permanently.

In most cases, those wishing to bring a spouse to the USA are wise to bear in mind the fact that K3 visa applications, once a popular travel document for bi-national married couples, are now being administratively closed by the National Visa Center if the underlying I-130 is approved prior to, or at the same time as, the I-129f application. This has lead to many instances of spouses being required by circumstance to process a CR1 or IR1 visa rather than a K3 visa because the NVC simply will not process the K3 application.

For those interested in further information about US Immigration please see: American Visa Thailand.

Tags: American Visa Thailand, CR1 Visa, CR1 Visa Thailand, IR1 Visa, IR1 Visa Thailand, K1 Visa, K1 Visa Costs, K1 Visa Fees, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Visa Costs, US Visa Fees, USCIS Costs, USCIS Fee hike, USCIS Fee Increase
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, News, 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 Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS, Weird Law | No Comments »

In a recent transcript from a news conference held by the United States Citizenship and Immigration Service (USCIS) it was announced that USCIS may be increasing many of the fees associated with US Immigration petitions. The following is a direct quote from the aforementioned news conference transcript:

While we received appropriations from Congress, budget cuts of approximately $160 million have not bridged the remaining gap between costs and anticipated revenue. A fee adjustment, as detailed in the proposed rule, is therefore necessary to address that gap.

Although few seem to doubt the fact that USCIS has experienced a revenue shortfall, many seem to be perturbed by the announcement of fee increases. The following is quoted from the AILA Leadership blog:

Yesterday, due to lower than projected fee revenues, USCIS proposed a fee increase that will amount to an average increase of  10% across the board.  USCIS will issue the formal proposal on Friday and there will be a 45 day comment period.  This, in combination with the 66% fee increase that was implemented in 2007, constitutes a tremendous hit in the pocketbook for a variety of users of immigration services. For example, an I-130 petition for an alien relative will jump from $355 to $420, under this proposal, thus impacting those who want to be reunited with family members.  An I-131 application for a travel document goes up by $55, and an application for an employment authorization document increases by $40.  Adjustment of status fees will increase by $55.  Businesses will also bear some of the brunt, with I-140 petitions for immigrant workers increasing over $100, premium processing going up by $225 and a brand new fee of $6,230 to establish a Regional Center under the EB-5 program. And –perhaps the coup de grace—fees for filing I-290 Notices of Appeal will increase from $585 to $630, a $45 dollar increase that will allow us to continue to file appeals that take over 2 years to adjudicate and generally conclude with either a rubber stamping of the original decision, or as in a handful of recent AAO decisions, a tortured legal analysis resulting in increasingly restrictive interpretations of the law.

The tone of the above quote leaves some readers feeling as though the author is rather upset about the recently proposed fee increase. The following passages from the aforementioned post on the AILA Leadership blog leaves little to the imagination regarding some practitioners feelings with regard to the proposed fee increases:

Why do these fee increases feel like a punch in the stomach to immigration practitioners?  Because they come at a time when the quality of decision-making and the ability to correct even the simplest errors or address basic problems with USCIS are at an all-time low. A small sampling of the problems we have all experienced with alarming increased frequency over the past few years…Application of new extra-regulatory standards in case adjudication…Adjudication of issues not within the province of USCIS…A “pick and choose” attitude with respect to previously issued long-standing agency guidance…Lack of accessibility of agency officials and decision-makers…Lack of predictability in decision-making…Lack of respect for the role of counsel in various proceedings: Examples:  Practitioners report that they are sometimes not copied on RFE’s, and that district offices from time to time have barred attorneys from accompanying their clients to adjustment interviews.

Although USCIS adjudicates cases on an individual basis and no single practitioner can make a generalized statement about USCIS adjudication generally, there appears to be an increasingly common feeling among immigration practitioners that agencies associated with Immigration adjudication are becoming rather unpredictable.

Also of possible interest to those seeking certain family based visas such as the K1 visa and the K3 Visa is the fact that the US Department of State has recently raised the fees associated with such applications when adjudicated by US Consulates abroad. The previous fee for K visa applications was $131, but under the newly promulgated rules the K visa application fee has been raised to $350. Those seeking K3 visas are unlikely to be adversely impacted by the recent fee increase as K3 visa applications are currently being “administratively closed,” in many cases, by the National Visa Center. That said, those seeking a K1 Fiance Visa will likely be required to pay the increased fee in order to have their K1 visa application adjudicated.

Tags: K1 Visa, K1 visa application, K3 Visa, US Visa Costs, US Visa Fees, USCIS, USCIS fees
Posted in CR1 Visa, Department of Homeland Security, 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, News, USCIS | 3 Comments »

A frequently discussed topic on this blog is the US Tourist Visa. The US Embassy Bangkok processes a significant number of US Tourist Visa applications each year. In the past, most non-immigrant visa applications required the submission of form DS-156. Recently, the US State Department announced that the DS-156 should no longer be used  by those seeking a US B2 Tourist Visa:

The new DS-160, Nonimmigrant Visa Electronic Application, is a fully integrated online application form that is used to collect the necessary application information from a person seeking a nonimmigrant visa. The DS-160 is submitted electronically to the Department of State via the Internet. Consular Officers use the information entered on the DS-160 to process the visa application and, combined with a personal interview, determine an applicant’s eligibility for a nonimmigrant visa.

Apparently, the DS-160 has been introduced in an effort to streamline the visa process for those seeking non-immigrant visas outside of the United States of America. To quote the above announcement further:

All U.S. Embassies and Consulates that process nonimmigrant visas now use the new online DS-160. Therefore, visa applicants will need to apply using the online DS-160 for most, but not all, nonimmigrant visa categories. Review the [State Department] FAQs for exceptions and to find out which nonimmigrant categories continue to use the DS-156 at this time.

There are many who worry that these recent changes will impact other types of applications. This worry seems to be most prevalently felt by those seeking K1 visa benefits or K3 Visa benefits for a foreign fiancee or spouse. That said, consultation with an American legal professional may be necessary in order to determine which forms should be used when filing for certain visa categories. As always, it should be noted that only a licensed American attorney is entitled to assist in American Immigration matters. That said, many find that applying for a US Tourist Visa does not require the assistance of an American lawyer as such assistance would likely add little value to such an application. However, many applicants for US family immigration benefits find that attorney assistance is beneficial.

It should be noted that many applicants find their application for a visa denied pursuant to the Consular Officer’s application of Section 214(b) of the United States Immigration and Nationality Act. Such a finding basically means that the applicant was unable to show requisite “strong ties” to their home country and “weak ties” to the United States. Those seeking a visa to the USA should be advised that if immigration is the ultimate goal, then a tourist visa is not the proper travel document. Even if a visa application is approved by a US Consulate overseas, the foreign national could still be placed in expedited removal proceeding upon arrival at the port of entry in the USA if the Customs and Border Protection officers have reason to believe that the applicant is an undisclosed intending immigrant attempting to enter the USA.

Tags: American Department of State, American State Department, Customs and Border Protection, DOS, DS-156, DS-160, expedited removal, K1 Visa, K3 Visa, US Department of State, us embassy bangkok, us embassy thailand, US Tourist Visa, US Tourist Visa Thailand, USCBP
Posted in K1 Visa, K2 Visa, 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 Tourist Visa, US Visa and Immigration, USCBP | 1 Comment »