blog-hdr.gif

Integrity Legal

Archive for the ‘US Embassy Phnom Phen’ Category

23rd January 2010

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.

more Comments: 04

22nd January 2010

One of the major questions invariably on the lips of prospective visa applicant’s and petitioners is: how long will the process take? This question is not as easily answered as some might think because the entire process is actually three processes in one. First there is the United States Citizenship and Immigration Service (USCIS) adjudication phase, then there is the National Visa Center (NVC) processing phase, and finally there is the US Embassy interview and adjudication phase. In most cases, the interview phase is the final phase of the process as the visa application is either approved or denied at this point. However, if there is a legal grounds of inadmissibility or if the applicant has previously been subject to deportation or expedited removal in the US, then either an I-601 waiver or an I-212 waiver may be necessary. In routine cases, the interview is usually the last major phase of the visa obtainment process.

That being said, the first major phase of the process involves the submission of petitions to USCIS. As many petitions are filed with USCIS each year, this phase of the process is often the most time consuming as the US Citizen or Lawful Permanent Resident’s petition must wait in the queue for adjudication.

Recently, USCIS updated their processing time estimates, below please find the most recent processing time estimates for family based petitions for K-1 visas, K-3 visas, and Immigrant visas.

The California Service Center processing times are as follows:

I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-129F Petition for Alien Fiance(e) K-3/K-4 – Already married – spouse and/or dependent child 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 April 02, 2005
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 May 23, 2002
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister October 02, 2000
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 January 02, 2007
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 December 02, 2002
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal 4 Months

The Vermont Service Center processing times are as follows:

I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-129F Petition for Alien Fiance(e) K-3/K-4 – Already married – spouse and/or dependent child 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 July 23, 2007
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 July 23, 2007
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister April 23, 2008
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 May 28, 2007
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 March 27, 2007
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal 4 Months

One should not misunderstand the above information, these processing times do not reflect the entire time that it takes to complete the entire visa process as a US Family visa petition must also process through the National Visa Center as well as the Embassy in the country where the visa is to be issued. In Thailand, most visa applications for family members of US Citizens or Lawful Permanent Residents are adjudicated at the US Embassy in Bangkok.

more Comments: 04

18th January 2010

Every United States Diplomatic post observes United States Federal Holidays. At the same time, most posts also observe the national holidays of the host country where they are located. The United States Embassy in Cambodia is located in the capital city of Phnom Phen. In the year 2010, the US Embassy will be closed on the following dates in observance of either American or Khmer holidays:

Jan 1 Fri International New Year’s Day U.S.

Jan 18 Mon Birthday of Martin Luther King, Jr. U.S.

Feb 15 Mon George Washington’s Birthday U.S.

Mar 8 Mon International Women’s Day Khmer

Apr 14 Wed Khmer New Year’s Day Khmer

Apr 15 Thu Khmer New Year’s Day Khmer

Apr 16 Fri Khmer New Year’s Day Khmer

May 14 Fri King Sihamoni’s Birthday Khmer

May 31 Mon Memorial Day U.S.

Jun 18 Fri King Mother’s Birthday Khmer

Jul 5 Mon Independence Day U.S.

Sep 6 Mon Labor Day U.S.

Oct 8 Fri Pchum Ben Day Khmer

Oct 11 Mon Columbus Day U.S.

Nov 1 Mon King Father’s Birthday Khmer

Nov 9 Tue Independence Day Khmer

Nov 11 Thu Veterans Day U.S.

Nov 22 Mon Water Festival Khmer

Nov 25 Thu Thanksgiving Day U.S.

Dec 24 Fri Christmas U.S.

Dec 31 Fri International New Year’s Day U.S.

We post these dates as a courtesy to those American expats and travelers in Southeast Asia. For many, traveling to the US Embassy in a foreign country can be a major undertaking. This is why it is wise to check the holiday closing schedule before making such a trip as one can forestall a situation in which going to Embassy ultimately proves to be an effort in futility.

For those who are in an emergency situation it may be possible to contact the Embassy directly for assistance. That being said, many US State Department personnel working at the US Embassies and Consulates abroad use these scheduled holidays as an opportunity to take much needed leave time to return to the United States. Therefore, unless a matter is truly pressing, it is probably best to await normal business hours to contact or travel to the Embassy.

For Americans living or traveling abroad in need of Passports, visa pages, or notarizations it would probably be best to contact the American Citizen Services section of the nearest Consulate or Embassy in order to deal with such matters. For those interested in more information about holidays observed by the US Embassy in Cambodia, or simply to learn more about the post in general, please click here.

For those interested in further information about United States Immigration from Southeast Asia please see K3 visa, K1 visa, or CR1 Visa.

more Comments: 04

The hiring of a lawyer is an important decision that should not be based solely on advertisement. Before you decide, ask us to send you free written information about our qualifications and experience. The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.