Integrity Legal

For those who are interested in learning about the details of tourist visas from Thailand please see our main page at: US tourist visa Thailand. For those who would like to see information about all aspects of American Immigration from the Kingdom of Thailand please see: US Visa Thailand.

The United States B-2 Tourist Visa in 2010

In 2010, it is this author’s opinion that the B2 visa process will remain largely the same as it was in 2009. However, a brief comparison of the current B2 visa process with that of  the year 2000 could be revealing. In 2000, it was still possible to obtain a United States tourist visa through the mail. At that time, interviews were not required in certain situations if the applicant met some pre-conditions. There is anecdotal evidence which suggests that the US tourist visa application approval rate was higher prior to the introduction of the rule that there must be visa interviews for all non-immigrant visa applicants.

At the present time, an American tourist visa applicant can apply for a US Visitor Visa at either the US Embassy in Bangkok or the US Consulate-General in Chiang Mai provided the applicant resides in the Consular District. Unfortunately, this category is often sought by those who probably should not be seeking a tourist visa. This is particularly the case when it comes to Thai fiancees or girlfriends. In many cases, American citizens encourage their Thai fiancees and/or girlfriends to apply for a US tourist visa because it is a less time consuming process when compared to the application process for a K1 fiance visa. That being said, it is not an appropriate visa for those who intend to apply for adjustment of status in the United States. This is due to the fact that the US tourist visa is not a dual intent travel document meaning that the applicant must have true non-immigrant intent when he or she submits a tourist visa application. Lying about one’s intentions on a Department of State application form could lead to serious civil and criminal penalties as such activity could be construed as visa fraud. Further, one who has been found to be presenting a fraudulent visa application could be found inadmissible to the United States and barred from entering for a statutorily prescribed period of time. For those who wish to bring their loved one to the US, it may be wise to look into a K1, K3, or CR1 visa.

Even those with bona fide non-immigrant intent must still overcome the presumption of immigrant intent under section 214b of the United States Immigration and Nationality Act. One must prove that they have strong ties to Thailand (or any other country besides the US) and weak ties to the USA before a Consular Officer will approve a B2 visa application.

Tags: American Embassy Bangkok, American Embassy Thailand, B-2 Visa, B-2 Visa Thailand, B2 Visa, B2 Visa Thailand, us embassy bangkok, us embassy thailand, US Tourist Visa, US Tourist Visa Thailand
Posted in CR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 3 Comments »

An occasional issue in United States Immigration matters is the termination of one’s lawful permanent residence in the USA (meaning the cancellation of one’s CR1 or IR1 visa). There are some who go to the US with the initial intention of remaining indefinitely, but these peoples’ intentions change and some opt to relinquish their lawful permanent residence. Surrender of one’s lawful permanent residence is facilitated by filing a form called an I-407 (Abandonment of Lawful Permanent Resident Status). Relinquishing one’s lawful permanent residence can be somewhat time consuming and the procedure is somewhat confusing. That being said the website of the American Embassy in the United Kingdom quickly sums up the process.

To quote directly from the website of the US Embassy in the UK:

“Once the U.S. Citizenship and Immigration Services office receives your completed Form I-407 and your Permanent Resident Card, the appropriate documentation stamps will be placed on the form along with the USCIS officer’s signature. A copy of this form will be returned to you in the stamped, self-address envelope you provide. This copy of the completed I-407 is your receipt and it validates the return of your Permanent Resident Card. You should keep a copy of the completed I-407 with your passport when you travel to the United States.”

This quote begs the question: “In what circumstances would a former permanent resident be allowed to visit the United States after formally renouncing their US Permanent Residence?” There are many cases where a former permanent resident wishes to visit the USA in order to see family, friends, or business associates. In many cases, former permanent resident’s opt to apply for a US tourist visa.

Under normal circumstances a tourist visa would be difficult to obtain if the applicant has family and friends in US because under section 214b of the United States Immigration and Nationality Act, Consular Officers at the US Embassy or US Consulate are required to make the presumption that an applicant for a non-immigrant visa such as a tourist visa is an undisclosed immigrant to the USA. This presumption is more easily overcome for those who have relinquished their permanent residence as the act is strong evidence contradicting the presumption of immigrant intent since the applicant has already immigrated once and opted to forfeit his or her immigration benefits.

Generally, US Consular Officers are more prone to issue tourist visas to former permanent residents due to the above analysis. However, this does not mean that the applicant for a tourist visa should not prepare and submit a well founded petition as adjudication of tourist visa applications is highly discretionary.

For more information please see: US Visa Thailand

Tags: American Visa Thailand, US Consulate, US Embassy, US Tourist Visa, US Tourist Visa Thailand, US Visa Thailand, USCIS
Posted in CR1 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS | 2 Comments »

For Thai-American couples the most common method of immigrating to the USA is through use of a K1 visa. The K1 visa is a fiancee visa granting the bearer 90 days of lawful presence in the United States of America with the option to apply for adjustment of status. If an adjustment of status application is submitted and approved then the Thai fiancee will be granted conditional lawful permanent residence for 2 years. After nearly 2 years the couple should submit a petition for a lift of conditions of the Thai spouse’s permanent residence. Should this petition receive approval, the Thai spouse will become an unconditional lawful permanent resident of the United States of America.

There are some travel restrictions placed upon permanent residents of the United States. Namely, they cannot be outside of the USA for more than one year without endangering their resident status in the USA. For those who remain abroad for more than one year it may be necessary to apply for an SB-1 visa. This is a visa specifically meant for returning residents of the USA. For those who plan to be outside of the USA for a substantial period of time there is a way to forestall a finding of residential abandonment: a US reentry permit. This is a travel document that is very similar to advance parole in so far as it preserves the status of the lawful permanent resident while they remain abroad. These travel documents are generally granted with a validity period of 2 years from issuance.

Recently, this author came into contact with an individual who had lawful permanent resident status in the US, but had lost his Resident Alien Card (“Green Card”) and needed to return to the US. This individual still had a valid US reentry permit. After some research, this author discovered that a United States lawful permanent resident may reenter the country without a proper visa provided that they have a valid United States reentry permit.

To directly quote from the website of the US Embassy in Mumbai:

“Per 8CFR 211.1, an alien in possession of a valid form I-327, Permit to reenter the United states (i.e. reentry permit), does not require a visa to reenter the United States.  Therefore, [one] may travel [to the USA] with [only one's] valid reentry permit.”

In a way, the United States reentry permit is akin to a passport for lawful permanent residents although it is inherently more restrictive than a US passport. For those lawful permanent residents thinking of leaving the USA for a prolonged period of time it may be wise to seriously consider applying for a reentry permit because it provides not only the peace of mind that comes from preserving one’s status, it can also act as a backup travel document in the event one loses their resident alien card.

For related information please see our postings about losing a US passport and obtaining a new one from American Citizen Services at a US Consulate in Thailand.

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Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Visa and Immigration, US Visa Thailand | No Comments »

There is some misunderstanding as to an attorney’s role at the Consular processing phase of the US visa process. The Consular processing phase is usually the final visa processing phase as it usually culminates in the issuance of a US visa. In cases involving legal grounds of inadmissibility this may not be the case (as such cases require the extra step of obtaining an I601 waiver), but in a routine family visa application, such as an application for a CR1, K3, or K1 visa, the visa is generally issued soon after the Embassy interview.

Many are under the mistaken impression that an attorney can be present at the visa interview. Although this may be true at some posts, the US Embassy in Bangkok does not permit this practice. Under the provisions of the Foreign Affairs Manual (FAM), US Embassies and Consulates are entitled to set policy regarding attorney representation at the post:

“Each post has the discretion to establish its own policies regarding the extent to which attorneys and other representatives may have physical access to the Consulate or attend visa interviews, taking into consideration such factors as a particular consulate’s physical layout and any space limitations or special security concerns. Whatever policies are set must be consistent and applied equally to all.” [9 FAM 40.4 N12.4]

Although a post has wide discretion with regard to presence therein, the post is required to notify the attorney of record regarding the ultimate status of the application:

“The post must send a notification of the action taken at the time of the final immigrant visa appointment to the applicant’s attorney of record on a locally reproduced nonstandard form letter… If the immigrant visa is refused, you must hand a copy of the refusal letter, and a copy of Form OF-194, The Foreign Service of the United States of America Refusal Worksheet, attached to the form letter to the alien (making sure that the refusal worksheet is retained in the applicant’s visa file).” [9 FAM 40.4 N12.2]

The Foreign Affairs manual goes further by permitting direct correspondence between attorneys and Consular Officers:

“You may correspond directly with the applicant’s representative of record, even in cases where the applicant is physically present in the United States, unless the applicant requests otherwise.” [9 FAM 40.4 N12.1]

Importantly, the Foreign Affairs Manual requires that an attorney licensed in the US, but practicing abroad, be accorded those same courtesies granted to attorneys practicing in the USA:

“You must extend to a U.S. attorney who has been practicing abroad and is a member of a State bar association or to a local attorney-at-law, the same courtesies in correspondence that are extended to an attorney practicing in the United States…” [9 FAM 40.4 N12.3]

In this author’s experience, the US Embassy in Bangkok, Thailand diligently adheres to the rules in the Foreign Affairs Manual while exercising reasonable discretion in order to efficiently process a very large caseload. Although not permitted to be present at the visa interview, a US visa lawyer in Thailand can provide a great deal of insight into the final phases of the US visa process.

For more information on the Foreign Affairs Manual please see the US Department of State Website by clicking here.

Tags: CR1 Visa Thailand, FAM, Foreign Affairs Manual, K-1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Immigration Lawyer Thailand, us visa lawyer thailand, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

Although not boasting the same tourist numbers like countries such as Thailand and Indonesia, Myanmar (Burma) has a large number of nationals applying for United States visas, particularly when one takes into account the fact the Myanmar (Burma) is one of the most politically isolated countries in Southeast Asia. Although a member of the Association of Southeast Asian Nations (ASEAN), Myanmar has not signed the protocols allowing for visa free travel for citizens of ASEAN countries. Therefore, it can be extremely difficult for Burmese visa seekers to travel to another US Consular or Diplomatic post in the region in order to process a visa application.

The US Embassy in Myanmar (Burma) is located  in Yangon (Rangoon). This post does process visa applications for those of Burmese (Myanmar) nationality or those residing in the Consular District. That being said, obtaining a US visa for a Burmese national can be very complicated due to the fact that the government of the Union of Myanmar (Burma) is reluctant to issue passports to its citizenry. Further, the government in Myanmar (Burma) takes a dim view of Burmese nationals marrying foreigners. Government officials can often cause delays in obtaining necessary documentation. The implacable nature of some bureaucrats leads many to apply for a USA visa in a different jurisdiction.

Many Americans in Thailand meet Burmese nationals who are living and working in the Kingdom of Thailand. In most situations, Burmese-American couples opt to process their visa application at the US Embassy in Bangkok. Taking this course of action does not eliminate the need for a Myanmar passport, but in some cases, if the Burmese national can obtain a Thai visa, then they will be able to remain in Thailand until the visa interview at the US Embassy. Further, if the Burmese national obtains a Thai visa, then this will likely ensure that the US Embassy will take jurisdiction over the case, rather than forwarding the application to the Embassy in Yangon (Rangoon).

That being said, some opt to utilize the K-3 visa as it can be beneficial for those with a Burmese fiancee who wish to process their application in Thailand. Before getting married, the couple may need to decide where they wish to apply for a visa as this may have an effect upon where the marriage should be executed. Even still, a K1 visa will still be faster and if the Burmese national remains in lawful immigration status in Thailand, then it is likely that the American Embassy will take jurisdition over the case.

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Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Miscellaneous, Thailand Visa, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Visa and Immigration | No Comments »

The United States has a somewhat tenuous relationship with the Union of Myanmar (also known as Burma). This is due to the fact that Myanmar has been a somewhat isolated nation since the early 1960′s. Prior to that, the country was a colony of the British and briefly a member of the British commonwealth. Burma (Myanmar) has had a very turbulent history as there was once a great deal of factional infighting culminating in a takeover by military generals. The country has since been under a system known as “The Burmese Way Of Socialism.” According to those in power, the military authorities are holding power in a sort of trust until such time as the country is ready for democracy.

The United States maintains an Embassy in Burma (Myanmar) in the country’s capital Rangoon (also known as Yangon).  Interestingly, the Embassy maintains a American Center which is in a different location from the United States Embassy and the US Consular section in Yangon. This situation is not, in an of itself, uncommon. For example, the Consular Services Section of the US Embassy Bangkok is located across the street from the Embassy proper, that being said, it is still relatively close.

The United States Embassy in Yangon, Myanmar (Rangoon, Burma) as well as the Consular Services Section is located at:

110 University Ave, Kamayut Township, Rangoon, Burma

The American Center in Yangon is located at:

14, Tawwin Road, Dagon Township, Rangoon, Burma.

The office hours of the Consular Services Section are: 8:00 am to 4:30 pm Monday through Friday. Except for holidays.

Unlike the United States Embassy in Bangkok, Thailand, the post in Myanmar is not headed by an American Ambassador, but is instead headed by a Chargé d’Affaires.

Those seeking to obtain United States visas for loved ones living in Burma (Myanmar) will likely process through the United States Consulate in Yangon. In many cases, Burmese Nationals residing in Thailand may be able to enjoy the benefit of having their visa processed through the United States Embassy in Bangkok or the US Consulate in Chiang Mai depending upon the US visa category and the Burmese (Myanmar) national’s place of residence.

That being said, meeting the requirements for Consular jurisdiction in Thailand can be difficult for those with Burmese (Myanmar) Nationality. In some cases a K3 visa may be beneficial for those who wish to ensure a visa application will be processed in a certain jurisdiction. However, careful research and possibly the retention of expert immigration counsel may be necessary to properly determine where a US visa application will be adjudicated.

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Posted in K3 Visa, Thailand Business, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Visa and Immigration | No Comments »