Integrity Legal

Visa denial is generally something that most bi-national couples do not wish to discuss, but it is something that should be researched by the prospective visa petitioner as legal grounds of inadmissibility and the I-601 waiver process could be relevant to an individual couple’s Immigration petition and visa application.

In a recent report from the Congressional Research service (distributed by AILA) the issue of visa denial was discussed as the report looked at the reasons for denial and the overall trends in inadmissibility findings:

“Most LPR [Lawful Permanent Residence] petitioners who were excluded on §212(a) grounds from FY1994 through FY2004 were rejected because the Department of State (DOS) determined that the aliens were inadmissible as likely public charges. By FY2004, the proportion of public charge exclusions had fallen but remained the top basis for denial. The lack of proper labor certification was another leading ground for exclusion from FY1994 through FY2004. By FY2008, however, illegal presence and previous orders of removal from the United States was the leading ground.”

The finding of a “public charge” grounds of inadmissibility is related to the affidavit of support. A finding that an alien is likely to be a “public charge” stems from a finding that the sponsor does not have the requisite income and assets necessary to support the alien for whom benefits are being sought. The report goes further to note that Comprehensive Immigration Reform may tackle some of the issues associated with the trends in visa application denials:

“Legislation aimed at comprehensive immigration reform may take a fresh look at the grounds for excluding foreign nationals enacted over the past two decades. Expanding the grounds for inadmissibility, conversely, might be part of the legislative agenda among those who support more restrictive immigration reform policies.”

It is interesting to note that the Immigration system may become more stringent or more lax depending upon the mood of legislators with regard to the issue of immigration. That being said, a more detailed look at the current trends provides insight into the dynamics of the system as a whole:

“[M]ost LPR petitioners who were excluded on §212(a) grounds in FY1996 and FY2000 were rejected because the DOS determined that the aliens were inadmissible as likely public charges. In FY2004, the proportion of public charge exclusions had fallen, but remained the top basis for denial. The lack of proper labor certification was another leading ground for exclusion in FY1996, FY2000, FY2004, and FY2008. By FY2008, however, illegal presence and previous orders of removal from the United States had become the leading ground.”

It is interesting to note that unlawful presence and previous removal had become the leading grounds of inadmissibility cited by the year 2008. This would seem to support the anecdotal evidence and personal experience of this author as more and more prospective entrants to the US seem to be placed in expedited removal proceedings with greater frequency. Also, there seems to be an increasing trend of increasingly zealous enforcement of Immigration law in the USA as illegal aliens are placed in removal proceedings more frequently.

For further information about visa denial please see: K1 visa. For general information about US Immigration from Thailand please see: US Visa Thailand.

Tags: deportation, Deported, expedited removal, removal, us visa denial, US Visa Denial Thailand
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, 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, USCBP, USCIS, USICE | No Comments »

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

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

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

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

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

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

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

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

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

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

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

(D) Prostitution and commercialized vice

Any alien who—

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

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

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

is inadmissible.

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

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

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

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

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

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

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

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

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

For More Information Please See: US Visa Thailand.

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

Many people contact this author in order to ask questions about the United States Immigration process. Sometimes, a question becomes so common that I feel the need to post an article about the subject on this blog. The question that has been recently posed with great frequency is: Can I get my Thai girlfriend to the United States on a US tourist visa? Strictly speaking, yes, but this answer needs to be highly qualified. Anyone who is approved for a US tourist visa can go to the United States and request admission, but obtaining approval of a US tourist visa application can be difficult for the boyfriend or girlfriend of an American Citizen. The difficulty arises under the provisions of the United States Immigration and Nationality Act.

Pursuant to Section 214(b) of the United States Immigration and Nationality Act a Consular Officer at a United States Embassy or United States Consulate-General is required to make a presumption that a non-immigrant visa applicant is actually an intending immigrant unless they can prove otherwise. This, in turn, leads to a factual analysis by the Consular Officer. The Consular Officer must believe that the applicant has “strong ties” to their home country, or any other country outside of the USA, and “weak ties” to the United States. In many cases, the mere existence of a US Citizen boyfriend or girlfriend will mitigate against any “strong ties” abroad and lead to a visa denial under section 214(b). This reasoning on the part of US Embassy personnel should not be misconstrued as a personal denial. Instead, the officer is legally compelled to deny a tourist visa application if the applicant cannot overcome the presumption imposed by section 214(b).

Many people then ask the question: can this visa denial be appealed? No, although an applicant may ask for a tourist visa application to be reopened. That being said, in virtually all cases, the denial will be upheld. A Consular Officer’s factual findings are not subject to appeal based upon the doctrine of Consular Absolutism. However, a legal finding may be subject to reversal. With that in mind, one should recognize that a visa denial under section 214(b) is a factual determination and therefore not generally subject to reversal.

If a couple truly has a bona fide intention to marry in the USA and apply for adjustment of status, then a tourist visa is really not the correct travel document as it specifically precludes immigrant intent (unlike a dual intent travel document such as a K1 visa or an L1 visa). Therefore, if the couple wishes to marry and adjust status, then a Fiance Visa is a more appropriate travel document. However, the couple must have a truly bona fide intention to marry and not simply a pretextual intention in order to pursue US Immigration benefits.

For further information for about visas in general and the complex issues surrounding family based petitions please see: US Visa Thai Girlfriend.

Tags: Fiance Visa, Fiancee Visa, K-1 Visa, K1 Visa, K1 Visa Thai Girfriend, K1 Visa Thailand, Thai Girlfriend Visa, US Tourist Visa Thailand, US Visa Denial Thailand, US visa denied Thai girlfriend, US Visa For Thai, US Visa Thai Girlfriend, US Visa Thailand, visa denial Thai girlfriend
Posted in Adjustment of Status, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, 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 | 6 Comments »

Consular Reports of Birth Abroad (CRBA) are similar to birth certificates in that they note that a child was born, but they differ in their reason for issuance. A Consular Report of Birth Abroad also notes that a child was born an American Citizen. There are two ways that a child can be born an American Citizen. One way is by birth in the United States. Although, the American Immigration and Nationality Act defines “United States” (for purposes of US Immigration) as all of the 50 states, the District of Columbia, Guam, the US Virgin Islands, and Puerto Rico birth in the non-US states or the District of Columbia may or may not cause the transmission of automatic Citizenship depending upon the situation. That being said, birth in the 50 US states definitely confers automatic Citizenship. However, there is another method of transmission of United States Citizenship and that is by blood. A United States Citizen may transmit their citizenship to their child outside of the US if  at least one of the child’s parent’s meets the legal requirements for Citizenship transmission. This can become complicated as automatic citizenship transmission can be dependent upon many factors.

In order to obtain a Consular Report of Birth Abroad an applicant usually makes an appointment with the American Citizen Services Section of the appropriate US Embassy or US Consulate. In Thailand, the CRBA interview would likely take place at either the US Embassy in Bangkok or the US Consulate General in Chiang Mai.

What concerns us in this post is the prospect of a Consular Report of Birth Abroad Denial. If, by law, an American Citizen cannot transmit their Citizenship to their child automatically because the US Citizen parent did not spend enough time physically present in the US at the time of the child’s birth, then a Consular Report of Birth Abroad may not be issued and the child may not be entitled to a US passport. It should be noted that in some cases a parent cannot prove up their actual presence in the United States, but later procures proof. In this case, it may be possible to re-apply for the CRBA and, assuming the new evidence is acceptable to the Consular Officer, thereby legally prove transmission of Citizenship. However, there are some cases where the transmission of Citizenship either cannot be proven or did not, in fact, occur. In situations such as these, Americans are basically left with one option: they may petition for an Immigrant visa for their child. An American Citizen may petition for Immigrant visa benefits for their child and upon approval of a visa application and petition, the child may enter the United States with their US Citizen parent. Under the provisions of the Child Citizenship Act of 2000 if the child enters with their US Citizen parent in order to take up residence, then the “foreign” child becomes a US Citizen by operation of law upon lawful admission.

In this situation, the child may then obtain a Certificate of Citizenship (similar to a Naturalization Certificate) in order to prove their status.

For related information please see: US Visa Denial or CR1 Visa.

Tags: American Citizen Services, Certificate of Citizenship, Child Citizenship Act, Child Citizenship Act 2000, consular report of birth abroad, CRBA, US Consulate Chiang Mai, us embassy bangkok
Posted in CR1 Visa, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand | No Comments »

Recently we reported on this blog that the fees associated with passport issuance are likely to be increased in the near future. In a recent press release Brenda S. Sprague, Deputy Assistant Secretary for Passport Services, discussed the proposed fee increase and the policy reasons underlying the American State Department’s proposal for an increase in fees associated with American passports:

“Over the last five years, the demand for passports has increased to an average of 15 million applications per year. On February 9th, the State Department published a proposed rule in the Federal Register to increase certain fees related to U.S. passport and passport card applications. The proposed fee change is based on a comprehensive cost-ofservices study, completed in June, 2009, that was the most detailed and exhaustive study the U.S. State Department has ever conducted of its for-fee services, and updates the schedule of fees from four years ago.”

Many who are reading about this fee increase for the first time are probably wondering what the cost of passports would be under the recent proposed rule:

“Under the proposed fee schedule, the total cost for a first-time applicant aged 16 and older, who is applying for a passport book will be have $135. For those younger than 16, the price will be $105. The cost of a passport card for a first-time applicant 16 or older is $55. And for those younger than age 16, the price is $40. Passport books and cards for people who are 16 or older are valid for 10 years, books and cards issued to individuals younger than 16 are available for five years.”

When discussing this issue with American expatriates in Thailand, the initial reaction regarding this fee increase is: what are they increasing the fess and what will the new funding be used for? Hopefully the following excerpt will shed light on this issue:

“Passport fees are critically important to our keeping up with the latest developments in technology. Research and development, production, and implementation of new technologies for use in our U.S. passport books and cards must be an ongoing priority if we are to keep one step ahead of the resourceful and technologically savvy criminals, terrorists groups, and subversive elements bent on doing our nation harm. The fees cover the costs of fraud prevention initiatives such as facial recognition to help us to detect look-alike fraud and data-sharing programs that permit us to verify the validity of social security numbers, driver’s licenses, birth records, and naturalization certificates. Passport fees also help to cover the costs of providing emergency services for American citizens overseas in crises situations, something that our U.S. citizens stranded in Haiti undoubtedly appreciated.”

This issue is of critical importance to those who have American Citizen children outside of the USA. In Thailand, the usual protocol at the US Embassy in Bangkok or the US Consulate in Chiang Mai is for an American Citizen to first apply for a Consular Report of Birth Abroad. After this document is obtained from the American Citizen Services Section of the US Consulate in Bangkok, then a passport can be issued. However, the recently proposed rule would also increase the fees associated with Consular Reports of Birth Abroad as well. That being said, the rule has yet to be adopted as there is still an official comment period so these issues have yet to be fully resolved, but it is highly likely that the rule will be implemented and the fees will be raised apparently in an to reflect what the State Department claims are the increased costs of promulgating these travel documents.

For information about American Immigration from Thailand please see: US Visa Thailand.

Tags: American Passport, consular report of birth abroad, Consular Report of Birth Abroad Thailand, Consular Reports of Birtha Abroad, Passport Cost, Passport Cost increase, Passport Fee, Passport Fee Increase, US Consulate Chiang Mai, US Consulate General Chiang Mai, us embassy bangkok, us embassy thailand, us passport, US passport Thailand, US Visa Thailand
Posted in 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 | 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 »

On this blog, we frequently take the time to point out the fact that only a US licensed attorney or other accredited representative can represent clients before the United States Citizenship and Immigration Service (USCIS), the National Visa Center (NVC), or the US Embassy in Bangkok. Recently, USCIS has promulgated a brochure for consumers regarding US Immigration and fraud perpetrated against unwitting immigrants. Unfortunately, there are those who claim to be US Immigration experts when they are in fact unlicensed to practice United States law. These people claim all sorts of titles in order to sound as though they have a right to practice American Immigration law. The fact of the matter is that there are only two types of representatives that USCIS or the Department of State recognizes as legally able to represent clients.

The first category of authorized representatives is Attorneys. To quote directly from the brochure, USCIS requires the following in order for an attorney to act as a representative for clients in an Immigration matter:

An attorney must be in good standing with a U.S. state bar association (or U.S. possession, territory, Commonwealth, or the District of Columbia) and may not be under any court order restricting their practice of law. The best way to protect yourself is to ask the attorney to show you their current attorney license document. Write down the information and contact the state bar admission office to verify the accuracy of the information.

In a further quote from this brochure, USCIS explains what an individual or organization needs in order to be recognized as an accredited representative in immigration matters:

An accredited representative must work for an organization that has permission from the Board of Immigration Appeals (BIA) to provide legal advice on immigration matters. The organization will have an order from the BIA that gives the accredited representative permission to assist individuals with their immigration applications and petitions. The best way to protect yourself is to ask the accredited representative to show you the BIA order. Write down the information and contact the BIA to verify the accuracy of the information.

There it is, from USCIS itself, there are only two ways to verify that one calling himself an attorney is actually certified or licensed to practice Immigration law. Those seeking Immigration advice would be wise to undertake the above measures in order to be certain that their representative is able to effectively represent their interests. So-called visa agents, Immigration Consultants, legal advisors, and/or anyone calling themselves a “lawyer” should be able to provide either a license to practice law in a US state or territory, a US bar membership card, or a letter of permission from the Board of Immigration Appeals, anyone who cannot produce one of these documents is not authorized under US law to practice in the area of United States Immigration. This brochure went on to note that only an American attorney or an accredited representative is entitled to submit a form G-28 to the USCIS service center. Anyone who prepares an application without including this G-28 document should be asked why they are not submitting it.

Tags: American Visa Thailand, Immigration attorney, Immigration Consultants, immigration law, Immigration Lawyer, us visa bangkok, US Visa Thailand, visa agents, visa consultants
Posted in Legal Opinion, Miscellaneous, US Consulate HCMC, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, USCIS | 29 Comments »

The United States Consulate at the American Embassy in Bangkok conducts most, if not all, of the immigrant and non-immigrant family based visa application interviews submitted by those resident in the Kingdom of Thailand. The Immigrant Visa Unit is a division of the United States Consulate which has been given the specific task of adjudicating Immigrant visa applications for travel documents such as the IR1 and the CR1 visa as well as the non-immigrant dual intent travel documents such as the K1 visa and the K3 visa.

The visa interview itself is viewed by many applicants with apprehension and fear as they are worried that it will be used in an attempt to undermine the applicant’s visa application. In reality, nothing could be further from the truth. In cases where the applicant has been candid, told the truth on the application forms,  and provided proper documentation the interview is simply an exercise on the part of the Consular Officers to determine that the applicant is who they say they are and that they meet the legal and factual requirements for visa issuance. The interview is not conducted in an effort to somehow humiliate or degrade the applicant, it is truly an investigation into the facts of the case. This being said, those that lie on an application or falsify documentation will likely have an unpleasant experience at the US Embassy as an Administrative Processing interview with the Fraud Prevention Unit can be a less-than-pleasant undertaking. Although courteous, the Consular Officers will often conduct their due diligence zealously in order to uncover the truth regarding the facts of the application.

Honesty is always the best policy when it comes to US Immigration matters. Unfortunately, some so-called “visa agents” in Thailand encourage applicants to lie in order to cover up some perceived problem with the application.  Not only is this practice unethical, but in the case of visa interviews it is almost cruel to send a non-native English speaker into the Embassy to be interrogated by officers trained and experienced in conducting these kinds of due diligence.

After the visa interview, should the application be approved, the Consular Officer will usually take the applicant’s passport and provide them with a “Red Card.” Many who research US Immigration are quite familiar with the so-called “Green Card,” which is the Resident Alien Card provided to aliens in the US as proof of lawful permanent residence in America. A “Red Card,” is the appellation that some Immigration attorneys in Thailand as well as Thai visa applicants have applied to the the small index card that the US Embassy in Bangkok provides the applicant should their passport be taken for visa issuance. The reason that this card is referred to it as a “Red Card” is due to the fact that the stamp on the card, which denotes (in Thai and English) the date and time that an applicant can pick up the passport and visa, is red.

Red Cards are not necessarily a guarantee of visa issuance as in rare cases necessary documentation is overlooked and must still be presented by the applicant. However, in the vast majority of cases when a Red Card it issued it means that the visa will more than likely be issued and can be picked up a few days after the conclusion of the interview.

Please note that each US Embassy or US Consulate has different administrative procedures and rules. Therefore, the information regarding “Red Card” issuance at the US Embassy in Bangkok may be completely irrelevant when it comes to other posts such as the US Embassy in Myanmar or the US Consulate in HCMC. Therefore it is advisable to refer to each Embassy’s individual website for specific information about processing a visa application through that particular post.

Tags: Administrative Processing, American Embassy Bangkok, American Embassy Thailand, CR-1 Visa, CR1 Visa, Fraud Prevention Unit, Green Card, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, Red Card, US Consulate, US Embassy, us embassy bangkok, us embassy thailand, Visa Interview
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, US Consulate HCMC, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand | 1 Comment »

Virtually every United States Embassy or Consulate will close in recognition of United States Federal Holidays. Most will also close in recognition of local holidays or customs. The United States Embassy in Vietnam is no different. Below, please find the 2010 holiday closing schedule for the US Embassy located in Hanoi:

The above notation of “A” and “V” denotes the type of holiday. “A” stands for American, while “V” stands for Vietnamese.

In Vietnam, the bulk of United States visa and immigration matters are handled at the US Consulate in Ho Chi Minh City. This situation is the opposite of the internal mechanics of the posts in Thailand as the US Embassy in Bangkok handles nearly all Immigrant visa petitions while the US Consulate in Chiang Mai deals with Non-Immigrant visa applications for visas such as the US Tourist Visa, the J1 visa, and the F1 visa.  That being said, the holiday closing schedule of the US Consulate in Ho Chi Minh City (HCMC) is identical to the schedule of the US Embassy in Hanoi. Therefore, those interested in that post’s closing schedule should look to the information above.

For those in a legitimate emergency, it may be possible to contact the Embassy during a holiday. That being said, this is contacting Embassy staff may be difficult as most Embassy and Consulate personnel use holidays to take much needed time off. Therefore, those with an impending issue would be wise to take care of it before a holiday as it is unlikely that the Embassy will make special accommodations.

For those who need passports, notary services, Consular Reports of Birth Abroad, or visa pages it would be wise to contact the American Citizen Services Section of the local US Embassy or US Consulate.

For those interested in learning more about the US Embassy in Hanoi please click here. For those who wish to learn maore about the US Consulate in HCMC please click here. Finally, for those interested in US visas from Southeast Asia please see K-1 visa, CR-1 visa, or K-3 visa.

Tags: American Citizen Services, CR-1 Visa, CR1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K3 Visa, US Consulate HCMC, US Consulate Ho Chi Minh City, US Embassy Hanoi, US Embassy Vietnam, US Tourist Visa, US Visa Hanoi, US Visa HCMC, US Visa Southeast Asia, US Visa Vietnam
Posted in K1 Visa, K3 Visa, US Consulate HCMC, US Embassy Hanoi, US Embassy Vietnam, US Tourist Visa, US Visa and Immigration | 29 Comments »