Integrity Legal

Recently the Department of Homeland Security issued a notice that the rules regarding attorney representation would be amended in order to fall in line with the relevant Department of Justice regulations. To quote a the summary in the Federal Register which is displayed on the American Immigration Lawyers Association (AILA) website:

“The Department of Homeland Security (DHS) is amending its regulations governing representation and appearances by, and professional conduct of, practitioners in immigration practice before its components to: Conform the grounds of discipline and procedures regulations with those promulgated by the Department of Justice (DOJ); clarify who is authorized to represent applicants and petitioners in cases before DHS; remove duplicative rules, procedures, and authority; improve the clarity and uniformity of the existing regulations; make technical and procedural changes; and conform terminology. This rule enhances the integrity of the immigration adjudication process by updating and clarifying the regulation of professional conduct of immigration practitioners who practice before DHS.”

As has been discussed on this blog before, the issue of attorney representation is of great importance due to the fact that there are many disreputable organizations calling themselves such things as “visa company,” “visa agency,” or, “visa consultant” and other unscrupulous operators who go so far as to claim attorney credentials when they are, in fact, unlicensed to practice law in the United States and therefore unable to practice US Immigration law. To quote the Federal Register again:

“Definition of attorney. This rule amends the definition of “attorney” at 8 CFR 1.1(f), to conform with DOJ’s definition at 8 CFR 1001.1(f), by adding the requirement that an attorney must be eligible to practice law in the bar of any State, possession, territory, or Commonwealth of the United States, or of the District of Columbia, in addition to the other requirements for attorneys set forth in that regulation. State bar rules uniformly require licensed attorneys to maintain an active status in order to practice law; however, there has been some confusion as to the applicability of that requirement in determining eligibility to appear as a representative before DHS.”

It is interesting that this addition was made as it imposes an more stringent burden upon practitioners as anyone practicing before the Department of Homeland Security (DHS) or its agencies, like the United States Citizenship and Immigration Service (USCIS), the United States Customs and Border Protection Service (CBP), and the Immigration and Customs Enforcement Service (ICE) must be eligible to practice in virtually every American jurisdiction. It should be noted that eligibility is the only new requirement added as DHS does not require that practitioners be licensed to practice in all US jurisdictions.

It should also be pointed out that attorneys are not the only individuals who can represent clients before DHS. In fact, if an individual is accredited by the Board of Immigration Appeals, then they may represent individuals in certain DHS proceedings. However, such agents are usually non-profit organizations as non-attorney representatives are NOT entitled to charge anything except nominal fees.

For related information please see US Lawyer Thailand or US Visa Thailand.

Tags: AILA, CBP, Department of Homeland Security, DHS, ICE, US Attorney Thailand, US Immigration attorney, US Immigration Lawyer, US Lawyer Thailand, US Visa Attorney, us visa lawyer, US Visa Thailand, USCIS
Posted in General Legal Information, Upcoming Legislation, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

As readers of this blog may recall from a previous post, the Thai authorities recently announced that the fee waiver for Thai tourist visas was ending in March of this year. However, ThaiVisa.com has recently reported that the tourist visa waiver program is to be re-instituted in April of this year. Apparently, the positive impact upon the tourism sector is one of the underlying reasons for the extension of this program:

“Less than one month after Thailand’s Ministry of Foreign Affairs informed Thaivisa.com that the free tourist visa scheme would end on March 5, 2010, the Thailand Government has announced the tourism stimulus package will continue for another year, including $US10,000 in free riot insurance for tourists. The extension of the tourism industry stimulus package was approved by the cabinet today, March 2, 2010 in response to a request from the Ministry of Tourism and Sports. The extension will be effective from April 1, 2010 and go through to March 31, 2011 and appears to leave a three and a half week window in which tourist visas for Thailand will be charged for.”

As some may recall from another previous post on this blog, many Royal Thai Embassies, Consulates, and  Honorary Consuls around the world were unhappy with the no-cost tourist visa scheme as the funds previously accrued from processing tourist visas were no longer being paid. How this recent announcement will impact the Honorary Consulates as well as the Embassies and Consulates-General remains to be seen.

Another interesting aspect of the recent announcement is the fact that foreign nationals are also to be provided with no-cost riot insurance as part of this new program to revitalize the Thai tourist industry. To further quote from ThaiVisa.com:

“The $10,000 free riot insurance coverage was introduced last year and initiated by the Tourism Council of Thailand (TCT) in response to international insurance firms’ refusal to sell insurance coverage to visitors to Thailand following the 2008 closure of Thailand airports by members of the Peoples Alliance for Democracy (PAD). When the insurance coverage was first introduced last year, Kongkrit Hiranyakit, president of TCT, said the government had set aside Bt190.75 million ($US5.820 million) for the initial six month period covering May to October, 2009, with the Ministry of Tourism and Sports responsible for paying the insurance premium of $1 per visitor. The insurance policy provides for payments of up to $10,000 in the event of death, injury, and/or trip inconvenience, and appears to only cover people in possession of a 60-day tourist visa. Resident expatriates living and working in Thailand on non-immigrant visas do not appear to be covered for death, injury or inconvenience caused by riots.”

It will be interesting to see if the provision of this insurance will cause any stir among foreign residents as all of those who do not have Thai Permanent Residence are technically considered non-immigrants and therefore only “temporarily” staying in the Kingdom. This even applies to those with a Foreign Tabien Baan (also know as a Yellow Tabien Baan) as these registrations are specifically noted as “temporary.” Even though all non-residents are classified as non-immigrants, the category of the visa determines the privileges that will be extended to the visa holder. Therefore, those with a Thai business visa are entitled to file for a Thai work permit while those holding a tourist visa are not accorded that privilege. As a result, the provision of riot insurance could be viewed as as specific privilege that is only accorded to those holding certain types of Thai visas.

For further information about Thai Immigration please see: Thai visa.

Tags: Foreign Tabien Baan, Foreign Tambien Baan, Free Thai Tourist Visa, Thai Business Visa, Thai permanent residence, Thai Tourist Visa, Thai Visa, Thai Visas, Thai Work Permit, Thailand Visa, Yellow Tabien Baan, Yellow Tambien Baan
Posted in Miscellaneous, Thai Embassy Kuala Lumpur, Thailand Embassy, Thailand Embassy Myanmar, Thailand Embassy Singapore, Thailand Property, Thailand Real Estate, Thailand Visa, Upcoming Legislation | No Comments »

Recently, the Immigration Policy Center issued a so-called progress report for the Department of Homeland Security. For regular readers of this blog it may be recalled that the Department of Homeland Security has jurisdiction over the United States Citizenship and Immigration Service (USCIS), the Customs and Border Protection Service (CBP) as well as Immigration and Customs Enforcement (ICE). To quote the Immigration policy center blog:

“The month of March marks the seventh anniversary of the Department of Homeland Security (DHS) and its immigration agencies. It also marks the end of a sweeping internal review ordered by Secretary Janet Napolitano, a review which as not been made public. In order to assess the first year of immigration policy under the Obama Administration, the Immigration Policy Center releases the following Special Report which compare DHS’s actions with the recommendations (Transition Blueprint) made to the Obama Transition Team’s immigration-policy group. How does DHS stack up? The following IPC report finds a department caught between the competing priorities of old broken policy and new reforms. While DHS has failed to meet key expectations in some areas, it has engaged thoughtfully and strategically in others, and has made some fundamental changes in how it conducts its immigration business.”

The report itself is quite long and provides detailed information about ways in which USCIS and DHS can improve their organization. One of the most interesting recommendations calls for a concerted plan for integrated immigrants into the tapestry of American life. To quote the report directly:

“The Administration should create a national integration strategy, establish a National Office on Immigrant Integration, and gather data on the impact of government policies on immigrants, and coordinate agency decisions that affect them.”

This report went further and advocated for certain changes in the way that USCIS handles adjudications of applications and petitions for Immigration benefits:

“USCIS must clearly articulate the principles it uses to evaluate and adjudicate individual cases, and must address the complaints of recent years that too many people are denied benefits, or subjected to repeated requests for additional evidence, because adjudicators are looking for reasons to deny rather than grant benefits. Fee waivers and discretionary waivers should be applied more broadly, particularly where individuals in proceedings have immediate family members who are U.S. citizens.”

Although this author does not necessarily agree wholeheartedly with all of the assertions in this progress report, there is no doubt that there is room for improvement in any organization and the Department of Homeland Security is no different. That being said, it is a tremendous task to ascertain where resources are most needed and allocate them accordingly. Therefore, we applaud the Department’s efforts at improve the system while encouraging DHS to continue to strive for greater efficiency tempered with a respect for the due process rights of all concerned.

For more information on this and other topics related to American Immigration please see: US Visa Thailand or K1 Visa Thailand.

Tags: American Immigration, CBP, Customs and Border Protection Service, Department of Homeland Security, DHS, ICE, Immigration and Customs Enforcement, K1 Visa Thailand, US Immigration, US Visa Process, US Visa Processing, US Visa Thailand, USCIS
Posted in K1 Visa, K1 Visa Thailand, Upcoming Legislation, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

US Citizenship is an aspiration for many of those individuals who opt to immigrate to the United States of America. Naturalization is the legal process that foreign nationals undertake when they wish to become a US Citizen. For many the process is somewhat confusing. The naturalization process can also seem daunting as a foreign national must spend a significant amount of time any money in order to naturalize. Recently the United States Citizenship and Immigration Service (USCIS) stated that funds will be made available to assist in integrating foreign nationals into the American polity, the following is a press release from USCIS promulgated by the American Immigration Lawyers Association (AILA):

“U.S. Citizenship and Immigration Services (USCIS) announced today the availability of two different
grants designed to help prepare lawful permanent residents (LPRs) for citizenship and advance integration in the United States. This year’s program will make nearly $7 million available for citizenship education in communities across the country.”

This 7 million dollar grant shows a marked increase in funding for this initiative as this program was not as heavily funded in the past. It could be inferred that USCIS is resolved to promote Citizenship education for foreign nationals:

“’Each aspiring citizen represents a personal story of sacrifice and triumph,” said USCIS Director
Alejandro Mayorkas. “This funding will increase opportunities for English language instruction, promote the rights and responsibilities that define our nation, and provide much-needed support for individuals on the path to citizenship.’”

The funding provided in these grants will help facilitate multiple goals. All of these goals are within the context of Immigration to the United States and Naturalization to American Citizenship:

The first grant will strengthen locally-based citizenship preparation programs. The second grant will
increase the capacity of members or affiliates of national, regional, or statewide organizations to offer
citizenship services in underserved communities. USCIS expects to announce an estimated 50 award
recipients in September 2010.

When comparing this initiative to its counterpart in 2009, the difference in funding becomes glaringly obvious:

During fiscal year (FY) 2009, USCIS awarded $1.2 million in grants to 13 immigrant-serving organizations across the country. These awards are currently expanding services and outreach on U.S. citizenship, educational opportunities, and available resources to nearly 70,000 LPRs in 11 states.

That being said, USCIS’s efforts to fully integrate foreign nationals into the tapestry of Americana should be applauded as it marks a positive step. There are many who feel that naturalization makes individuals more engaged in the American way of life and provides recent immigrants with an aim and goal to pursue.

For more information about this and other US Immigration issues please see: Fiance Visa Thailand.

Tags: American Immigration, Fiance Visa, Fiance Visa Thailand, Naturalization, US Citizenship, US Immigration, US Visa, USCIS, USCIS Director
Posted in Fiance Visa Thailand, Legal Opinion, Miscellaneous, Upcoming Legislation, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

A common method of land ownership in Thailand is through use of a Thai Limited Company. In many cases, a juristic person is incorporated to hold Thai property on behalf of the principal investors in the company.  Over the past three years the Thailand Real Estate market has been somewhat stagnant, but recently there seems to have been something of an upward trend in Real Estate transactions. This has resulted in the Ministry of the Interior raising the fees for land transactions, particularly with respect to land transactions executed on behalf of a corporation. To quote a Pattaya Times article promulgated on the website Thaivisa.com:

“‘A nationwide increase in land offices fees will go in effect on March 2,’ a spokeswoman for the Ministry of Interior announced in Bangkok. The fees for purchases and sales involving a Thai company limited which most foreigners use to buy land will go up from one percent to six and a half percent of appraised or contract value, whichever is higher. The head of the Chonburi Land Office, Director Vaiyavuth Surapruik, said, ‘In 2008 the fees were lowered to help the economy. This has stimulated the sale of properties. Since the fees were lowered almost two years ago there has been no slow-down in the number of transactions at the land office in Banglamung which services Pattaya so now fees will go back up in order to increase government revenues.’”

On the one hand, the recovery of the Thailand Property market is definitely a positive development, and hopefully a sign of an underlying upsurge in the overall Thai economy. This upswing in Thai property sales may also be indicative of an overall upward trend in the world wide economy. However, for those who are thinking of purchasing Thai property be it land or another form of Thai Real Estate such as a Thai Condo, this development will likely be viewed negatively as it will result in increased fees for the buyer or seller of Thai property.

This fee increase will also have an impact on individuals as the aforementioned article concluded:

“Property transfered between individuals will be charged three percent fees if owned for more than two years by the current owner. If owned less than two years the fee is higher, between five and six and a half percent.” [sic]

Property transfers between individual foreigners is probably as common, if not less common, than property transfer between corporations controlled by foreigners. That being said, under certain conditions a foreigner can own a Thai Condominium in freehold and therefore could be effected by these increased individual transfer fees.

For related information on this blog please see: Thailand Property Law.

Tags: Thai Company, Thai Condo, Thai Property, Thai Real Estate, Thai Real Estate Law, Thailand company, Thailand limited company, Thailand Property, Thailand Property Law, Thailand Real Estate
Posted in General Legal Information, Thailand Business, Thailand Property, Thailand Real Estate, Upcoming Legislation | No Comments »

As many readers are probably aware, the United States of America and Cuba have had long standing political tensions. Official US policy regarding Cuba has remained largely unchanged over the past 40 years, but recently officials from the American State Department have been conducting meetings with Cuban authorities in order to come to some sort of agreement regarding migration between the two countries. The quotes cited below are from a recently promulgated State Department publication:

“On Friday, February 19, 2010 the United States and Cuba met in Havana to discuss implementation of the U.S.-Cuba Migration Accords. This was the second such meeting since the decision to renew the Talks in 2009. In the course of the meeting, the U.S. team, led by Principal Deputy Assistant Secretary of State for Western Hemisphere Affairs Craig Kelly, reaffirmed the U.S. commitment to promote safe, orderly, and legal migration.”

Many feel that the current state of the US-Cuban relationship has lead to a situation where the security of the United States and Cuba is affected. Also, US officials are seeking to be given access to information about those who are sent back to Cuba. Therefore, an accord with Cuba seems to increasingly be considered a necessity:

“The agenda for the talks reflected longstanding U.S. priorities on Cuba migration issues, including: ensuring that the U.S. Interests Section in Havana is able to operate fully and effectively; ensuring that the U.S. Interests Section in Havana is able to monitor the welfare of repatriated migrants; and gaining Cuban government acceptance for the repatriation of all Cuban nationals who are excludable on criminal grounds…The United States views these talks as an avenue to achieve practical, positive results that contribute to the full implementation of the Accords and to the safety of citizens of both countries.”

This blog is mostly concerned with American Immigration issues for foreign nationals in Southeast Asia. That being said, we try to provide information about US Immigration generally. Although the above issues do not directly impact US Immigration from Thailand, an accord with Cuba on these Immigration issues would likely mark a watershed moment in Cuban-American relations.

At one time, it was difficult for people from Communist countries to travel to the United States. Since the end of the cold war and the “thawing” of relations between the United States and China, Cuba has remained a country with few official ties to the United States. The above accord, may mark the beginning of friendlier relations between the two countries.

Tags: American State Department, Cuba, U.S.-Cuba Migration Accords, US Visa, US-Cuba Relations
Posted in General Legal Information, Legal Opinion, Miscellaneous, Upcoming Legislation, US Visa and Immigration | No Comments »

Recently the Royal Thai Immigration Police Department announced a new initiative to sweep up foreign criminals residing in Thailand. This effort is to be made possible through what appears to be the interlinking of various warrant databases. Once Thai Immigration officials link their system to that of countries such as the United States, or international organizations such as the European Union it will be less difficult to track down those in Thailand with a foreign arrest warrant or fugitive warrant.

The Bangkok Post is reporting that the new chief of the Thai Immigration Bureau is taking measures to see that foreign criminals in Thailand are apprehended through an initiative known as the “Three S’s” The Three S’s stand for “Security Standards and Service.”

In the realm of security, new initiatives are to be taken which will provide Royal Thai Immigration Police with access to international criminal warrant databases. These records would provide Thai Immigration officers as well as regular police officers with criminal histories of foreigners present in the Kingdom of Thailand. This information will be used to ascertain the location of such international criminals and facilitate apprehension.

The new campaign will also entail the creation of a new National Criminal Center. This Center seems to be intended as a repository for international criminal records. At the time of this writing, it is the author’s understanding that this Center will coordinate their activities with such foreign agencies as the Federal Bureau of Investigation, Drug Enforcement Agency, as well as other national, state, and local law enforcement agencies throughout the United States and around the world.

Another facet of Thai Immigration’s crackdown is the campaign to apprehend and deal with illegal aliens. Based upon the information contained in the above cited Bangkok Post article the new Royal Thai Immigration Chief seems to have expressed an intention to apprehend those foreign nationals who are present in the country illegally. How this will impact long term western tourists and expatriates remains to be seen as overstaying one’s Thai visa has become increasingly common since it is not longer possible to obtain a 30 day visa exemption stamp at Thai land borders.

In a way, these two initiatives are related as it could be easily inferred that those using Thailand as a place to evade foreign criminal warrants could also be Thailand visa violators.

For more information on this issue please see a previous blog post located here: criminal warrant.

Tags: arrest warrant, criminal warrant, Fugitive Warrant, Thai Visa, Thailand Immigration, Thailand Visa, US Arrest Warrant Thailand, US warrant, US Warrant Thailand, warrant
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thailand Visa, Upcoming Legislation, US Warrants | No Comments »

United States criminal warrants are a serious matter that should be addressed in a timely fashion. That being said, there are those Americans outside of the USA who have outstanding US warrants. In many cases, the presence of a US warrant on one’s record can cause many travel complications.

In the past, the Thai Immigration database was not equipped to retain information regarding arrest and fugitive warrants for other countries. However, a recently released article promulgated through the website Thaivisa.com has noted that Royal Thai Immigration Police are implementing new measures in order to apprehend those with outstanding warrants from countries outside of Thailand. To quote Thaivisa.com directly:

“Thai Immigration officials plan to build an online information network that will collect arrest warrants from around the world in hopes of nabbing criminals hiding out in the Pattaya area…At a meeting at Immigration Division 3, Col. Athiwit Kamolrat, head of the Chonburi Immigration Office, said immigration police are working with the Suppression of Human and Child Trafficking, and Youth and Women’s Protection divisions of the Royal Thai Police to tighten the noose on human traffickers, pedophiles and international fugitives that often use Pattaya as a base or hideout…He said officials are currently closely monitoring Europeans from France, Italy, Germany, the Netherlands, Scandinavia, Switzerland and the United Kingdom; Asians from Malaysia, Pakistan, the Philippines, Singapore and South Korea; as well as those from Russia and the United States for whether they have entered Thailand legally, have obeyed the law and are not hiding from authorities at home…To boost their efforts, Athiwit said the Pattaya Immigration Office will take the lead in setting up a “transitional crimes information center” which will collect arrest warrants from around the global as well as extradition requests received by the Ministry of Foreign Affairs.”

For those with an outstanding US criminal warrant or fugitive warrant obtaining a new passport can be very difficult as the personnel at the American Citizen Services Section of the US Embassy in Bangkok will likely confiscate the passport of an American with outstanding criminal warrants. The measures being undertaken by the Thai Immigration authorities would seem to denote that the Thai government is increasingly looking to crack down on fugitives who are present in Thailand. How these new rules will ultimately effect the Thai Immigration process and the obtainment of a Thai visa remains to be seen, but it could be inferred that Thailand is taking an increasingly hard line against the presence of foreign fugitives in the Kingdom of Thailand.

Tags: American Warrant Thailand, Criminal Warrant Thailand, Fugitive Warrant, Fugitive Warrant Thailand, US Arrest Warrant Thailand, US Criminal Warrant, US Criminal Warrant Thailand, US Fugitive Warrant, US Fugitive Warrant Thailand, US Warrant Thailand
Posted in General Legal Information, Thailand Visa, Upcoming Legislation, US Warrants | 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 »

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 »