Integrity Legal

Those who have been following this blog with any regularity will likely have noticed that the administration has been attempting to follow the developments unfolding throughout the world as a consequence of the recent nuclear crisis in Japan. One way of monitoring the global response to radiation contamination is through following developing regulatory policies regarding the importation of Japanese products by countries outside of Japan.  In a recent posting on this blog the administration noted the fact that the authorities in many member nations of the Association of Southeast Asian Nations (ASEAN) had imposed restrictions upon imported Japanese foodstuffs. The same could also be said for some member economies of the Asia-Pacific Economic Cooperation (APEC) forum.  To quote directly from the website FocusTaiwan.tw:

Taipei, March 25 (CNA) Taiwan suspended imports of food products Friday from five Japanese prefectures, including Fukushima, where a nuclear power plant was damaged by a powerful earthquake and subsequent tsunami March 11.

Minister of Health Chiu Wen-ta said all safety inspections of food entering the country from Fukushima, Ibaraki, Tochigi, Gunma and Chiba — which have all reported widespread radioactive contamination — had been suspended, effectively barring all entry of food from those areas.

The administration of this blog highly recommends that readers click upon the two hyperlinks directly above this citation to read the entire article. As evidence continues to show an increasingly distressing situation in Japan it was also noted that Mainland Chinese officials have implemented new policies regarding food imports from Japan. To quote directly from the website DailyTimes.com.pk:

BEIJING: China banned imports of some Japanese food products on Friday amid fears of radiation contamination, hours after announcing that two Japanese travellers who had flown into an eastern city were found to have radiation levels well above safety limits.[sic]

China joins a growing list of countries that have stopped imports of some foodstuffs from Japan. The ban covers dairy, aquatic and vegetable products as well as fruit from the five Japanese prefectures of Fukushima, Tochigi, Gunma, Ibaraki, Chiba, China’s quality watchdog, the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) said in a statement…

Readers are highly encouraged to click on the hyperlinks above to read this enlightening piece in full. Clearly Chinese officials are joining their counterparts around the world in a trend of placing increasingly stringent restrictions on Japanese imports. More importantly, it would seem that authorities in China have also reported that two Japanese travelers showed signs of alarming levels of radiation upon arrival from Tokyo.  To quote further from the aforementioned piece:

Separately, the quality watchdog said that two Japanese travellers who flew into China’s eastern city of Wuxi from Tokyo on Wednesday had radiation levels that “seriously exceeded the limit”. [sic]

Clearly, as evidenced by the quotations above, the Chinese authorities are apprised of what appears to be an increasingly serious situation in Japan and are taking appropriate measures.

As the ramifications of this tragedy come into clearer focus concerns mount as to the long term consequences of the Japanese crisis. Meanwhile, concerned people around the world continue to watch as the Japanese people struggle to overcome what could prove to be the most daunting crisis ever to befall a modern nation-state.

For related information please see: business in China or business in Taiwan.

Tags: Administration of Quality Supervision, APEC, AQSIQ, ASEAN Business Law, Asia Pacific Economic Cooperation, ASsociation of Southeast ASian Nations, Business in Taiwan, Chiba, Chiba Prefecture, China Business, China Business Law, Food Imports Japan, Fukushima, Fukushima Prefecture, Gunma, Gunma Prefecture, Ibaraki, Ibaraki Prefecture, Inspection and Quarantine, Japan Nuclear Meltdown, Japan Radiation, Japanese Crisis, Japanese Imports, Taipei Business, Taiwan Business, Thailand Business Law, Tochigi, Tochigi Prefecture
Posted in American Business, American Institute Taiwan, ASEAN Business, Cambodia Business, China Business, Myanmar (Burma) Business, News, Thailand Business, US Embassy China, US Embassy Japan, US Embassy Tokyo | No Comments »

In recent months the likelihood of a government shutdown seems to be increasing as the politicians in the United States capital seem to be more polarized than ever. Meanwhile, some are arguing in favor of a shutdown (even going so far as to advocate for an extended period of governmental closure). At the same time, others argue against a shutdown. Regardless of one’s opinion either way, it seems possible that a shutdown may occur, and in the event that a shutdown does come to pass, those processing an immigration matter may be prudent to research the impact that a shutdown might have upon the immigration process.

The following was quoted directly from a recent posting on the website CaldwellTeaParty.org:

The next month will be marked by intense negotiations on the debt ceiling, and the GOP will then have to decide on a shutdown or a bipartisan budget deal with Kent Conrad and his allies.

The above citation most clearly and concisely sums up the current state of affairs regarding the possibility of a government shutdown. The administration encourages readers to click on the above links as this issue is quite complex. Those interested in understanding the ramifications of a government shutdown may be best informed by this administration quoting directly from Wikipedia:

A government shutdown occurs when a government discontinues providing services that are not considered “essential.” Typically, services that continue in spite of a shutdown include police, fire fighting, armed forces, utilities, air traffic management and corrections.

A shutdown can occur when a legislative body (including the legislative power of veto by the executive) cannot agree on a budget financing its government programs for a pending fiscal year. In the absence of appropriated funds, the government discontinues providing non-essential services at the beginning of the affected fiscal year. Government employees who provide essential services, often referred to as “essential employees”, are required to continue working.

Although the above citation clears up the issue of what constitutes a government shutdown, the question likely on the mind of those with foreign loved ones processing through the immigration system is: how would a government shutdown impact the processing of my loved one’s visa? The answer: a Federal government shutdown would result in a sort of “freeze” of most of the immigration apparatus as this falls within the bailiwick of the Federal government. Therefore, a Federal shutdown would likely result in little, if any, action being taken with regard to adjudication of visa applications  at each US Embassy or US Consulate abroad. For further insight it may be best to quote directly from a recent posting on the Diplopundit blog:

In 1995, all visa applications are walk-in.  Today, a good number of consular sections have online appointment systems. Which means, visa appointments will have to be canceled and rescheduled if there is a shutdown.  Consular sections may only be open for life and death emergencies. That means lost passport applications, reports of births abroad, adoption cases, notarials, etc. will all have to wait until the Federal government reopens.

The administration of this blog highly encourages readers to click on the above hyperlinks as the quotation above was found in a very interesting and detailed posting dealing with these issues.

Clearly, the ramifications of a government shutdown will be severe for those awaiting processing of a visa application. Meanwhile, it would appear as though USCIS will continue to operate as normal despite a possible shutdown. To quote directly from the website Martindale.com:

USCIS has announced that, because it is funded by filing fees, it should remain open during a government shutdown. The operations of the four Service Centers should remain largely unaffected. Local USCIS District Offices should also remain open.

Again, this blogger highly encourages readers to click on the hyperlinks above to learn more.

Notice that the above quotation uses the word should. This blogger only points this out as it goes to show how difficult it is to foretell what the impact of a government shutdown would be on the United States Citizenship and Immigration Service (USCIS) since that agency has attempted to remain self-funded through application fees. That said, the overall issue of government shutdown has yet to fully manifest itself, but that should not be construed to mean that it will not. In fact, those seeking American visas are likely to see an overall slowdown in the overall processing of cases as a result of a shutdown (should one actually occur, which remains to be seen).

Tags: American government shutdown, American Visa Process Government Shutdown, US Consulate shutdown, US Embassy shutdown, US government shutdown, US Visa Process Government Shutdown, USCIS shutdown
Posted in CR1 Visa, Department of Homeland Security, E1 visa, E2 Visa, EB5 Visa, I-601 Waiver, IR1 Visa, J1 visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, News, Transportation Security Administration (TSA), US Business, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Vladivostok, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Brunei Darussalam, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Kyrgyz Republic (Kyrgyzstan), US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Russia, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Taxes, US Tourist Visa, US Visa, US Visa and Immigration, US Visa Thailand, USCBP, USCIS, USICE, Visa Waiver | No Comments »

It recently came to this blogger’s attention that the Department of State has proposed a final rule which would raise some of the costs and fees associated with the J-1 visa, a travel document designed for exchange visitors wishing to visit the United States of America. To quote directly from the Federal Register’s official website FederalRegister.gov:

§ 62.17 Fees and charges.

(a) Remittances. Fees prescribed within the framework of 31 U.S.C. 9701 must be submitted as directed by the Department and must be in the amount prescribed by law or regulation...

(b) Amounts of fees. The following fees are prescribed...

(1) For filing an application for program designation and/or redesignation (Form DS-3036)—$2,700.00…

(2) For filing an application for exchange visitor status changes (i.e., extension beyond the maximum duration, change of category, reinstatement, reinstatement-update, SEVIS status, ECFMG sponsorship authorization, and permission to issue)—$233.00.

The administration of this blog highly recommends that those interested in this issue click on the links above to read the Federal Register entry in its entirety.

Those who are unfamiliar with the J-1 visa should also note that this visa category is sometimes utilized by foreign nationals wishing to act as Au pairs in the United States of America.

Pursuant to the provisions of section 214(b) of the United States Immigration and Nationality Act (INA) Consular Officers at every US Embassy or US Consulate abroad are required to make the presumption that the applicant for a non-immigrant visa is actually an intending immigrant unless the applicant can provide evidence to overcome this presumption. This triggers a “strong ties” vs. “weak ties” analysis in the mind of the interviewing Consular officer. During such an analysis, the Consular officer will weigh the ties that the applicant has to their home country and compare these with the applicant’s ties to the United States. If the offficer feels that the applicant has stronger ties to a country abroad than to the USA, then the visa will likely be granted.

In some cases, applicants for a United States visa are denied. This would seem to happen more frequently in non-immigrant visa cases than immigrant visa cases, but this can, at least partially, be attributed to the stringent analysis that all Consular Officers must make during the adjudication of certain non-immigrant visa applications. Should a visa be denied, then it may be possible to request reconsideration of that decision. That said, appealing visa denials, especially denials pursuant to section 214(b), is difficult, if not impossible, pursuant to the doctrine of Consular Non-Reviewability (sometimes referred to as Consular Absolutism). This doctrine states that, with exceptions in rare and highly extreme circumstances, a Consular Officer’s discretion regarding the issuance of a visa is virtually absolute.

Some have pondered whether the provisions of section 214(b) applies to applicants for a K-1 visa. In point of fact, although the K-1 visa is a non-immigrant visa category similar to the J-1 visa; the K-1 visa applicant is not scrutinized subject to section 214(b) of the INA as the applicant for said US fiance visa is entitled to have immigrant intent at the time of the K-1 application.

Tags: 214(b), Exchange Visitor Visa, J-1 visa, J-1 Visa Australia, J-1 Visa Bangladesh, J-1 Visa Burma, J-1 Visa Cambodia, J-1 Visa China, J-1 Visa India, J-1 Visa Indonesia, J-1 Visa Japan, J-1 Visa Korea, J-1 Visa Laos, J-1 Visa Malaysia, J-1 Visa Myanmar, J-1 Visa New Guinea, J-1 Visa New Zealand, J-1 Visa Russia, J-1 Visa Singapore, J-1 Visa Sri Lanka, J-1 Visa Taiwan, J-1 visa Thailand, J-1 Visa Vietnam, K-1 Visa, K-1 Visa Thailand, K1 Visa, K1 Visa Thailand, US Consulate, US Embassy
Posted in US Consulate ChengDu, US Consulate Chennai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Vladivostok, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Brunei Darussalam, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Russia, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department | No Comments »

Those who read this web log with any frequency may have noticed that the administration routinely posts the estimated processing times of the United States Citizenship and Immigration Service (USCIS) as both a courtesy to our clients and the public-at-large. The following estimated processing times were quoted directly from the official website of the United States Citizenship and Immigration Service (USCIS):

Those pondering the prospect of petitioning for Immigration benefits should note that the above estimated processing times only account for USCIS processing and do not take into account possible processing at the United States National Visa Center (NVC) as well as Consular Processing times at a US Embassy, US Consulate, American Institute, or US Mission abroad.

For related information please see: US fiance visa.

Tags: American Institute, National Visa Center, United States Citizenship and Immigration Service, United States Citizenship and Immigration Service processing time, United States Citizenship and Immigration Service processing times, US Consulate, US Embassy, US Fiance Visa, USCIS
Posted in American Institute Taiwan, CR1 Visa, Department of Homeland Security, EB5 Visa, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, US Citizenship, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

There was a recent story on the Telegraph.co.uk website entitled, “Boy, 9, has Disney World trip ruined after US Immigration rules him a threat” it was reported that a 9 year old child was denied a US tourist visa to the United States. To quote directly from the article:

They said there was a risk he would not leave the US at the end of his holiday and refused his application under Section 214 (b) of the Immigration and Nationality Act.

This blogger noticed in the title of the original article that the use of the term “US Immigration” may have been somewhat opaque as the visa application was likely filed with a US Consulate under the jurisdiction of the United States Embassy in the United Kingdom and not the United States Citizenship and Immigration Service (USCIS) in the USA. That said, the article describes the visa application of a child in the United Kingdom and the denial of the application. The child’s parents were attempting to surprise him with a trip to Disney World in the US State of Florida. To quote further directly from the article itself:

Micah [the proposed beneficiary of the US B-2 Visa sought] was born in Britain and has lived in Middlesex all his life with his mum Claudia Lewis.

He holds a South African passport because his grandparents Kathy and Edward, who have lived and worked in Britain since 1990, only got him a South African passport.

They are originally from South Africa.

A letter from Micah’s primary school was included in his visa application confirming he attended the school.

But the US Embassy’s rejection letter to Micah said: “Because you either did not demonstrate strong ties outside the United States or were not able to demonstrate that your intended activities in the US would be consistent with the visa status, you are ineligible.”

His grandmother Kathy, from Brixton, South London, said: “It was going to be a total surprise. He would have loved it.

This blogger highly recommends that those interested in this heartfelt story go to the Telegraph website and read further.

Section 214(b) of the United States Immigration and Nationality Act is a provision which creates a legal presumption in the eyes of adjudicating Consular Officers at every US Mission abroad (US Embassy, US Consulate, American Institute, Visa Units, etc.) that an applicant for a United States visa is actually an undisclosed intending immigrant. Overcoming this presumption often occurs when a Consular Officer feels that, as opposed to the factual citing from the denial noted above, the applicant has shown “strong ties” to their country of origin, or another country abroad, and, simultaneously, “weak ties” to the United States.

In another section of the aforementioned article the author noted that the couple had spent a considerable sum of money purchasing plane tickets in anticipation of the proposed holiday in the USA. As noted in previous postings on this blog, it is not generally prudent in visa application proceedings to assume a particular outcome as issuance of United States travel documents to foreign nationals is not considered a foregone conclusion nor a “formality”. The circumstances mentioned above are unfortunate as they were unexpected and costly (in both monetary and emotional terms). Those foreign nationals wishing to travel to the United States should not make irrevocable travel arrangements until such time as a US visa has been issued and remitted to the applicant.

That said, the one major factor that could materially alter the outcome of another visa application in a case such as this: a UK Passport. As noted in the section quoted above from the US Embassy the applicant did not show “strong ties” to the UK or another country abroad. If the child always lived in the UK, but never possessed a UK passport and, as noted in the above cited section; never lived in South Africa, but was attempting to use a South African passport to travel to the US, then could it be inferred that the child’s ties to either country were attenuated? Possibly, and without knowing further about details, that may very well have been the reason for denial. However, as all cases are adjudicated based upon the unique facts under the circumstances any analysis of the aforementioned denial is merely an exercise in speculation.

It is generally imprudent to continuously resubmit American visa applications when there has been no material change to the facts of one’s case. However, when circumstances do change materially, then a subsequent application may not be frivolous. In the eyes of the law in many jurisdictions a change in nationality, the acquisition of nationality, the registration of nationality, or the naturalization to a new nationality all come with a host of different legal rights, obligations, and privileges not least of these may be a passport. Perhaps, after acquiring a UK Passport on behalf of the child, if eligible for such a travel document, another visa application would be approved? Better yet, upon acquisition of a UK Passport, the child in the article may be eligible for the visa waiver program, although his previous US visa denial would need to be noted in the Electronic System for Travel Authorization (ESTA) registration system.

Hopefully those thinking of applying for a US Tourist Visa in the future will take note of the fact that one’s nationality is an important facet of any immigration petition or visa application.

For related information please see: US Visitor Visa.

Tags: American Visa Denial, American Visa Denied, Immigration and Nationality Act, INA, nationality, Naturalization, Section 214(b), Telegraph, US Consulate, US Consulate UK, US Embassy, US Embassy UK, US Immigration, US Visa, us visa denial, US Visa Denied, Visa Unit
Posted in American Institute Taiwan, Legal Opinion, News, Opinion, US Citizenship, US Consulate ChengDu, US Consulate Chennai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Tourist Visa, US Visa, US Visa and Immigration, USCIS, Visa Waiver | No Comments »

The following is the holiday closing schedule of the United States Consulate in Shanghai, China as quoted directly from the Post’s official website:

The Consulate, including the Nonimmigrant Visa Unit, is scheduled to be closed on the following dates in observance of year 2011 official American and Chinese holidays.

**        January 3          Monday          New Year’s Day
*          January 17        Monday          Martin Luther King, Jr.’s Birthday
**        February 2-6     Wed-Sun        Chinese (Lunar) New Year
*          February 21       Monday          President’s Day
**        April 5                Tuesday         Tomb Sweeping Day
**        May 1-2             Sun-Mon         International Labor Day
*          May 30               Monday          Memorial Day
**        June 6                Monday          Dragon Boat Festival
*          July 4                 Monday          Independence Day
*          September 5      Monday          Labor Day
**        September 12    Monday          Mid-Autumn Festival
**        October 1-5       Sat-Wed         Chinese National Day
*          October 10        Monday          Columbus Day
*          November 11     Friday             Veteran’s Day
*          November 24     Thursday        Thanksgiving Day
*          December 26     Monday          Christmas Day

*          Americans Holidays
**        Chinese Holidays
***      Chinese and American Holidays

Those who have read through this blog with any frequency may have already noted that the author routinely posts holiday closing schedules of US Posts as a courtesy to travelers abroad. Although the various websites of many US Missions post this information themselves, it can sometimes prove difficult to find for those who are in a rush or for those who have not previously used a US Embassy website. Furthermore, the administration hopes that by gathering many of these schedules together in one place it will prove beneficial for those American travelers and expatriates who routinely travel throughout Asia.

To visit the official homepage of the US Consulate in Shanghai please click HERE.

Those seeking services such as issuance of a Consular Report of Birth Abroad, US Passport, or new visa pages for a previously issued US Passport are well advised to contact the American Citizen Services Section of the nearest US Consulate. Please note that some US Consulates abroad allow individuals to make an appointment with the Post to process their request. Making an appointment in advance can greatly streamline the processing of requests since Consular Officers can anticipate some of the needs of the customer prior to their arrival at the Post.

Those seeking visas such as the B-2 tourist visa, F-1 student visa, J-1 exchange visitor visa, or the B-1 business visa are likely to process their application through a Non-Immigrant Visa Unit abroad. Meanwhile, those seeking United States Lawful Permanent Residence for Chinese family members are likely to process their application through an Immigrant Visa Unit at a US Embassy or US Consulate abroad. For processing purposes, the K-1 visa, a non-immigrant US fiance visa, is generally treated as if it were an immigrant visa since the applicant is entitled to file for adjustment of status within 90 days of entering the USA and after legally marrying the petitioner.

Employment based visa categories such as the L-1 visa or Investor visa categories such as the EB-5 visa generally require the filing and approval of a US immigration petition from the United States Citizenship and Immigration Service (USCIS) before a visa application can be processed abroad.

For related information please see: US Visa China.

Tags: Adjustment of Status, American Consulate Shanghai, American Immigration China, American Visa China, B-1 Visa China, B-2 tourist visa, B-2 Visa China, F-1 student visa, F-1 Visa China, J-1 exchange visitor visa, J-1 Visa China, K1 Visa China, or the B-1 business visa, US Consulate China, US Consulate Shanghai, US Consulate Shanghai Holidays, US Embassy China, US Visa China
Posted in US Consulate Shanghai | No Comments »

As this blogger has personally found himself at United States Embassies and Consulates overseas that were, previously unbeknown to him, closed due to observance of either an American or foreign holiday. In order to try to forestall this from happening to other travelers in the future, this blog routinely posts holiday closing schedules of various US Missions in Asia. The following is the holiday closing schedule of the United States Consulate in Shenyang, China:

The Consulate is open from 8:30 a.m. to 5:30 p.m. Monday through Friday. We are CLOSED on the following American and Chinese holidays:

To visit the official homepage of the United States Consulate in Shenyang’s website please click HERE.

Some individuals traveling to a US Post abroad are doing so because they are seeking services which can only be obtained from an American Citizen Services section of a US Mission abroad. Services such as this include, but are not limited to, issuance of a US Passport for those who have lost their original passport abroad, issuance of a Consular Report of Birth Abroad for an American child born overseas, or issuance of new visa pages for a previously issued passport.

Those foreign nationals seeking non-immigrant visa benefits are likely to process their application through a Non-Immigrant Visa (NIV) Unit of a US Mission abroad. Therefore those seeking a US Tourist Visa in China are likely to process their application through an NIV Unit of their nearest US Mission.

Those seeking US family visa benefits are likely to process their application through an Immigrant Visa Unit of a US Mission abroad. In general, the K-1 visa, although technically a non-immigrant US fiance visa, is treated as if it were an immigrant visa for processing purposes.

Those Chinese Citizens seeking employment based visas such as the L-1 visa or investment based visas such as the EB-5 Visa may be required to process an immigration petition through the United States Citizenship and Immigration Service (USCIS) prior to processing their visa application through one of the various US Posts in the Peoples’ Republic of China.

For related information please see: EB-5 Visa China.

Tags: American Consulate China, American Consulate Shenyang, American Embassy China, American Visa China, American Visa Shenyang, CR-1 Visa China, EB-5 Visa China, IR-1 Visa China, K-1 Visa China, L-1 Visa China, US Consulate Shenyang, US Embassy China, US Tourist Visa China, US Visa China, US Visa Shenyang, USCIS
Posted in US Consulate Shenyang | No Comments »

Anyone who reads this blog with any type of regularity may have noted that the administration routinely posts the holiday closing schedules of various United States Missions in Asia, this is done in an effort to provide quick access to this information for those who are traveling outside of the USA. To quote directly from the official website of the United States Consulate in Guangzhou, China:

The Consulate is open from 8:30 a.m. to 5:30 p.m. Monday through Friday. We are CLOSED on the following American and Chinese holidays:

Those who wish to visit the homepage of the US Consulate in Guangzhou please click HERE.

Those seeking issuance of a Consular Report of Birth Abroad, new US Passport, or new visa pages for a previously issued US passport are well advised to contact the American Citizen Services (ACS) Section of the nearest US Embassy or US Consulate. Those seeking such services may find processing such requests mare efficient after making an appointment online. In many cases, making an appointment with ACS prior to arrival at the Mission provides Consular Officers with an opportunity to make preparations to better facilitate the processing of a specific request.

Those processing non-immigrant visas such as the B-2 visa for tourists, the B-1 visa for temporary business travelers, the J-1 visa for cultural exchange students, and the F-1 visa for foreign students wishing to study in the USA; may be required to process their applicatyion through a Non-Immigrant Visa Unit abroad.

Those attempting to obtain a US Immigrant visa such as a CR-1 visa or an IR-1 visa in order to reunite with family in the USA may be required to process their application through an Immigrant Visa Unit at a United States Mission abroad. For purposes of application processing the K-1 visa (also referred to as a US fiance visa) is effectively treated as an immigrant visa since K-1 visa holders are entitled to apply for adjustment of status after arrival in the USA provided the couple marries within 90 days of the foreign fiancee’s arrival in the US.

For related information please see: American Visa China.

Tags: American Visa China, B-1 Visa China, B-2 Visa China, CR-1 Visa China, F-1 Visa China, IR-1 Visa China, J-1 Visa China, K-1 Visa China, K1 Visa China, Lost Passport China, Stolen Passport China, US Consulate Guangzhou, US Consulate Guangzhou Holidays, US Embassy China, US Immigration China, US Passport China, US Visa China, US Visa Guangzhou
Posted in US Consulate Guangzhou | No Comments »

It recently came to this blogger’s attention, thanks to the efforts of the American Immigration Lawyers Association (AILA), that the Consular Report of Birth Abroad Certificate is being altered and updated in an effort to take further steps to ensure less forgery of such vitally important documents. To quote directly from the American State Department’s official website:

The Department of State is pleased to announce the introduction of a redesigned Consular Report of Birth Abroad (CRBA). The CRBA is an official record confirming that a child born overseas to a U.S. citizen parent acquired U.S. citizenship at birth. The redesigned document has state-of-the-art security features that make it extremely resistant to alterations or forgery.

CRBAs have been printed at U.S. Embassies and Consulates around the world since their introduction in 1919. Effective January 3, 2011, CRBAs will be printed at our passport facilities in Portsmouth, New Hampshire and New Orleans, Louisiana. Centralizing production and eliminating the distribution of controlled blank form stock throughout the world ensures improved uniform quality and lessens the threat of fraud.

Applications for U.S. passports and the redesigned CRBA will also use the title of “parent” as opposed to “mother” and “father.” These improvements are being made to provide a gender neutral description of a child’s parents and in recognition of different types of families.

It remains to be seen whether these changes will have a significant impact upon incidences of fraud in connection with Consular Reports of Birth Abroad (CRBA). That said, the Consular Report of Birth Abroad is an extremely important document as it is evidence of nationality for Americans born outside of the United States of America. Frequently, parents obtain a Consular Report of Birth Abroad immediately prior to obtaining a US Passport on behalf of a child born overseas.

This blogger found it interesting that the Department of State has taken steps to make such documents more gender neutral. In a similar move, in 2010, the State Department announced that measures had been implemented to allow transgender individuals to change their sex on their US Passport. It would appear that the efforts toward gender neutrality implemented in the updating of the Consular Report of Birth Abroad take into account the fact that the traditional gender roles within families and the family structure itself are in something of a state of flux as American families are becoming increasingly unorthodox compared to times past.

Under certain circumstances, children born to some Americans outside of the USA are not automatically vested with United States Citizenship. Should that be the case, then the American parent may be able to see that their children become US Citizens by filing a petition for immigration benefits pursuant to the Child Citizenship Act (CCA) of 2000. Those children of American Citizens who become US Citizens by operation of law pursuant to the CCA may obtain a Certificate of Citizenship which is very similar to a naturalization certificate although the bearer is not technically a naturalized US Citizen.

For related information please see: Consular Report of Birth Abroad.

Tags: Certificate of Citizenship, consular report of birth abroad, Consular Report of Birth Abroad Certificate, Consular Report of Birth Abroad Changes, CRBA, CRBA Certificate, CRBA Certificate Changes, Naturalization Certificate
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Those who may have seen this blog previously might have taken notice of the fact that the administration routinely posts the holiday closing schedules of US Missions in the Asia-Pacific regions in an effort to provide a courtesy to those with business at an American Mission abroad. The following is quoted directly from the official website of the US Consulate in Hong Kong (Special Autonomous Region of the Peoples’ Republic of China)   with American Consular jurisdiction over the Special Autonomous Region of Macau:

The following list includes all official holidays (both U.S. and Hong Kong) for 2011.

A – American Holiday/L – Local Holiday

Notes:  Three local holidays falling on Saturdays are not included in the 2011 holiday schedule (the third day of the Lunar New Year, February 5, the day following Good Friday, April 23 and National Day, October 1)

Those seeking services such as the issuance of a Consular Report of Birth Abroad, US Passport, or addition of new visa pages to a previously issued US passport are well advised to contact the American Citizen Services Section of the nearest US Embassy, Consulate, American Institute, or Mission with Consular jurisdiction over the geographical area in which one is located.

Those seeking the homepage of the official website of the United States Consulate: Hong Kong & Macau please click HERE.

Those interested in retaining advice and counsel regarding United States Immigration matters are well advised to contact a licensed American Attorney in order to be apprised of the practical implications of the application of relevant United States immigration law.

Those seeking family based visas typically process their visa application through an Immigrant Visa Unit of a US Mission abroad, for purposes of visa application processing US fiance visa applications (the K-1 visa category) are treated in essentially the same manner as Immigrant visa categories like the CR-1 visa and the IR-1 visa categories.

Business and Investment visa applications for visa categories such as the L-1 visa and the EB-5 visa are typically processed after the adjudication of an initial immigration petition at the American Department of Homeland Security‘s United States Citizenship and Immigration Service (USCIS).

Those seeking non-immigrant visas to the USA under visa categories such as the B-2 (US Tourist Visa), B-1 (US Business Visa), F-1 (US Student Visa), J-1 (US Cultural Exchange Visitor) categories are generally required to process their visa application through a Non-immigrant Visa Unit of a US Mission in their jurisdiction.

For related information please see: US Visa China.

Tags: American Embassy China, American Mission China, CR-1 Visa Hong Kong, CR-1 Visa Macau, EB-5 Visa Hong Kong, EB-5 Visa Macau, IR-1 Visa Hong Kong, IR-1 Visa Macau, K-1 Visa Hong Kong, K-1 Visa Macau, L-1 Visa Hong Kong, L-1 Visa Macau, US Consulate Hong Kong, US Consulate Hong Kong Holiday Closing Schedule, US Consulate Macau, US Embassy China, US Embassy China Holiday Closing Schedule 2011, US Mission China, US Visa China, US Visa Hong Kong, US Visa Macau
Posted in CR1 Visa, Department of Homeland Security, EB5 Visa, K1 Visa, K2 Visa, K3 Visa, L1 Visa, US Consulate Hong Kong, US Consulate Macau, US Embassy China, US State Department, USCIS | No Comments »