Integrity Legal

The administration of this blog routinely posts information which may be beneficial for those seeking a United States Visa. The lists below show the current estimated processing times for the USCIS service centers located throughout the United States. These figures are current estimates as of June 30, 2010. The Estimated Processing Times for the Vermont Service Center are as follows:

The estimated processing times for the USCIS California Service Center are as follows:

The estimated processing times for the USCIS Nebraska Service Center are as follows:

The estimated processing times for the USCIS Texas Service Center are as follows:

Those interested in learning information about the K1 visa should note that the I-129f petition (the petition for a K1 fiance visa) is now only being accepted at a USCIS lockbox facility rather than directly at Service Center facilities. Further, those researching US Immigration matters for the first time should note that the above processing times do not reflect an accurate time line for the entire US visa process. This is due to the fact that most petitions approved by USCIS must go to the National Visa Center for a security clearance to be initiated. After the initiation of a security clearance the file must then be forwarded to the US Embassy or US Consulate with appropriate jurisdiction over the Beneficiary’s place of residence.

To check USCIS processing times directly online please go to the following page by clicking here.

Tags: American Immigration, American Visa, CR1 Visa, E1 visa, E2 Visa, IR1 Visa, IR2 visa, K1 Visa, K2 Visa, K3 Visa, K4 Visa, L1 Visa, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Immigration, US Visa, USCIS, USCIS California Service Center, USCIS lockbox, USCIS Nebraska Service Center, USCIS Processing Time, USCIS Service Center, USCIS Texas Service Center, USCIS Vermont Service Center
Posted in CR1 Visa, E1 visa, E2 Visa, EB5 Visa, IR1 Visa, K1 Visa, K3 Visa, L1 Visa, National Visa Center, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, 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 Thailand, US Embassy Tokyo, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »

United States Citizenship is the highest lawful status that one can reach in the USA, from an Immigration perspective. Many people from around the world seek visas, travel documents, and permanent residence in the United States. Of the relative few who obtain lawful status in the United States, even fewer ultimately naturalize to US Citizenship. American Citizenship accords the Citizen with voting rights, work authorization, and virtually unfettered travel rights within the United States of America. That said, there are some situations where an American Citizen seeks to renounce their United States Citizenship. In a recent article from the New York Times it was noted that citizenship renunciation seems to be on the rise. To quote the article directly:

Amid mounting frustration over taxation and banking problems, small but growing numbers of overseas Americans are taking the weighty step of renouncing their citizenship.

“What we have seen is a substantial change in mentality among the overseas community in the past two years,” said Jackie Bugnion, director of American Citizens Abroad, an advocacy group based in Geneva. “Before, no one would dare mention to other Americans that they were even thinking of renouncing their U.S. nationality. Now, it is an openly discussed issue.”

The Federal Register, the government publication that records such decisions, shows that 502 expatriates gave up their U.S. citizenship or permanent residency status in the last quarter of 2009. That is a tiny portion of the 5.2 million Americans estimated by the State Department to be living abroad.

There are a significant number of American expatriates living throughout the world and it should be noted that not all of these individuals wish to renounce their US Citizenship. However the New York Times went on to point out:

Still, 502 was the largest quarterly figure in years, more than twice the total for all of 2008, and it looms larger, given how agonizing the decision can be. There were 235 renunciations in 2008 and 743 last year. Waiting periods to meet with consular officers to formalize renunciations have grown.

Anecdotally, frustrations over tax and banking questions, not political considerations, appear to be the main drivers of the surge. Expat advocates say that as it becomes more difficult for Americans to live and work abroad, it will become harder for American companies to compete.

Increasingly, international banks and financial institutions are finding it difficult to deal with some American financial regulations. That said, most American expatriates (or expats) seem to be more frustrated by American tax policy rather than American financial restrictions. The New York Times went on to note:

American expats have long complained that the United States is the only industrialized country to tax citizens on income earned abroad, even when they are taxed in their country of residence, though they are allowed to exclude their first $91,400 in foreign-earned income.

One Swiss-based business executive, who spoke on the condition of anonymity because of sensitive family issues, said she weighed the decision for 10 years. She had lived abroad for years but had pleasant memories of service in the U.S. Marine Corps.

Yet the notion of double taxation — and of future tax obligations for her children, who will receive few U.S. services — finally pushed her to renounce, she said.

“I loved my time in the Marines, and the U.S. is still a great country,” she said. “But having lived here 20 years and having to pay and file while seeing other countries’ nationals not having to do that, I just think it’s grossly unfair.”

“It’s taxation without representation,” she added.

Stringent new banking regulations — aimed both at curbing tax evasion and, under the Patriot Act, preventing money from flowing to terrorist groups — have inadvertently made it harder for some expats to keep bank accounts in the United States and in some cases abroad.

Some U.S.-based banks have closed expats’ accounts because of difficulty in certifying that the holders still maintain U.S. addresses, as required by a Patriot Act provision.

Even though tax considerations, for both individuals in the present and for those in the future, may be enough for some to renounce their United States Citizenship it would seem that many Americans feel as if renunciation of United States Citizenship is a very drastic measure that should not be taken lightly. Those thinking about giving up their US Citizenship are well advised to seek competent counsel from a US Immigration attorney in order to ascertain all of the relevant ramifications of such a significant decision. Those thinking of renouncing their United States Lawful Permanent Residence (LPR) might also find it useful to seek the advice of a competent attorney who can explain the legal issues that arise as a result of giving up American LPR status.

For related information please see: I-407 or naturalization.

Tags: American expat, American expatriate, American LPR, expat, expatriate, Green Card Surrender, Lawful Permanent Residence, Naturalization, Renounce American Citizenship, Renouncing US Citizenship, Renunciation of US Citizenship, United States Citizenship, US Citizenship, US expat, US expatriate, US Green Card, US LPR, US Visa
Posted in News, US Citizenship, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, 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 Thailand, US Embassy Tokyo, US Embassy Vietnam, US Embassy Yangon, USCIS | No Comments »

The J1 visa can be an effective travel document for those seeking admission to the United States for cultural and educational exchange. It was recently announced that certain changes will be implemented which may have a significant impact upon J1 visa applicants. The American State Department has made rule changes which may effect J1 visa processing, to quote a recent press release distributed by the American Immigration Lawyers Association (AILA):

On June 19, 2007, the Department published an interim final rule amending its regulations regarding Trainees and Interns to, among other things, eliminate the distinction between “non-specialty occupations” and “specialty occupations,” establish a new internship program, and modify the selection criteria for participation in a training program.

This document confirms the Interim Final Rule as final and amends the requirements to permit the use of telephone interviews to screen potential participants for eligibility, to remove the requirement that sponsors secure a Dun & Bradstreet report profiling companies with whom a participant will be placed and also amends this provision to provide clarification regarding the verification of Worker’s Compensation coverage for participants and use of an Employer Identification Number to ascertain that a third-party host organization providing training is a viable entity, and to clarify that trainees and interns may repeat training and internship programs under certain conditions.

It would appear that the US State Department is making these changes in order to better enjoy the benefits of technological advances. The use of telephone interviews for eligibility screening purposes will likely decrease overall processing time. Furthermore, repealing the Dun & Bradstreet report requirement will likely save individuals as well as companies time and resources when they opt to file for J-1 visa benefits on behalf of a foreign national.

The J-1 visa is often utilized by those who travel to the USA as exchange visitors. Often, those applying for such a travel documents do so at a US Embassy or US Consulate abroad. As the J-1 visa is a non-immigrant visa, the Consular Officer adjudicating the application must ascertain whether the applicant should be granted the visa notwithstanding the provisions of section 214b of the United States Immigration and Nationality Act which requires that those seeking a non-immigrant visa show “strong ties” to their home country and “weak ties” to the United States. Some are under the mistaken impression that a J-1 visa is a “dual intent” travel document akin to the L1 visa. Due to the provisions of section 214b of the INA, the applicant for a J1 visa should not maintain an intention to remain in the USA indefinitely.

For related information please see: US Tourist Visa.

Tags: 214(b), American State Department, Cultural Exchange Visa, Department of State, dual intent, Exchange Visitor Visa, J1 visa, L1 Visa, United States Immigration and Nationality Act, US State Department, US Visa, US Visa Bangladesh, US Visa Burma, US Visa China, US Visa India, US Visa Japan, US Visa Korea, US Visa Laos, US Visa Malaysia, US Visa Myanmar, US Visa Nepal, US Visa Philippines, US Visa Singapore, US Visa Thailand, US Visa Vietnam
Posted in General Legal Information, J1 visa, J1 Visa Thailand, K-3 Visa Thailand, L1 Visa, Miscellaneous, Thai Family Law, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, 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 Thailand, US Embassy Tokyo, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »

As stated in recent postings on this blog, Holiday Closing Schedules for US Embassies and US Consulates overseas are routinely posted on this site in order to provide insight to those American travelers abroad who may be seeking services from a US Embassy or US Consulate located in one’s host country. Also, foreign nationals seeking services at an American Mission abroad may benefit from information regarding Post closure. The following Holiday closing schedule is directly quoted from the official website of the United States Consulate in Chennai, India:

The U.S. Mission will officially observe only the holidays listed below.

Date	Day	Holiday	Type
January 1	Friday	New Year’s Day	American
January 14	Thursday	Pongal/Tamil New Year’s Day (not for Karnataka)	Indian
January 15	Friday	Thiruvalluvar Day	Indian
January 18	Monday	Martin Luther King’s Birthday	American
January 26	Tuesday	Republic Day	Indian
February 15	Monday	Washington’s Birthday	American
April 2	Friday	Good Friday	Indian
April 14	Wednesday	Dr. Ambedkar’s Birthday	Indian
May 31	Monday	Memorial Day	American
July 5*	Monday	Independence Day	American
September 1	Wednesday	Krishna Jayanthi	Indian
September 6	Monday	Labor Day	American
September 10	Friday	Idu’l Fitr (Ramzan)	Indian
October 11	Monday	Columbus Day	American
November 1	Monday	Karnataka Rajyotsava Day (for Karnataka only)	Indian
November 5	Friday	Deepavali	Indian
November 11	Thursday	Veteran’s Day	American
November 17	Wednesday	Idu’l Zuha (Bakrid)	Indian
November 25	Thursday	Thanksgiving Day	American
December 17	Friday	Muharram	Indian
December 24**	Friday	Christmas Day	American

* in lieu of July 4, Sunday
** in lieu of December 25, Saturday

Generally, Americans seeking assistance at a US Embassy or US Consulate overseas are in need of services such as Passport replacement, retrieval of a Consular Report of Birth Abroad, addition of visa pages, or signature notarization. For services such as this American Citizens are generally wise to check with the American Citizen Services (ACS) section of an Embassy or Consulate overseas in order to ascertain if appointments can be scheduled online. The reason why this is so important is due to the fact that many ACS sections have a great deal of demand placed upon their time. Therefore, scheduling an appointment in advance and specifying the services sought can assist the Consular Officers in streamlining their services in such a way that the customers needs are met quickly, efficiently, and effectively.

Those seeking a US visa abroad must check each Post’s policy regarding visa interview scheduling. Generally, non-immigrant visa interviews are conducted in a different manner compared to Immigrant visa interviews. It has been this author’s experience that for purposes of visa application adjudications abroad K1 visa applications are treated as Immigrant visa applications even though the visa itself is a non-immigrant quasi-dual intent travel document.

Tags: ACS, American Citizen Services, dual intent, Holiday Closing Schedule, Holiday Closing Schedule US Consulate Chennai, K1 Visa, US Consulate, US Consulate Chennai, US Embassy, US Embassy India
Posted in K1 Visa, US Consulate Chennai, US Embassy India | No Comments »

Every year, many Americans travel throughout Asia. As a result, these American travelers sometimes find themselves in need of services that can only be handled by an officer of the government of the United States of America. For example, an American Citizen who loses his or her passport overseas is well advised to travel to the nearest US Embassy or US Consulate in order to apply for a replacement passport. Unbeknownst to some, American Missions abroad generally close their facilities in observance of both American holidays as well as holidays observed in the host country. This author has personally traveled to the US Embassy Bangkok only to find the Post closed in observance of American Veterans’ Day. Hopefully, by posting Embassy and/or Consulate holiday closing schedules on this blog it will forestall futile travel to a closed Post. The following is directly quoted from the official website of the United States Consulate in Mumbai, India:

Holidays 2010

Date	Day	Holiday	American/Indian
January 01	Friday	New Year’s Day	American
January 14	Thursday	Makar Sankaranti (for Ahmedabad USCS only)	Indian
January 18	Monday	Martin Luther King’s B’Day	American
January 26	Tuesday	Republic Day	Indian
February 12	Friday	Mahashivratri	Indian
February 15	Monday	Washington’s Birthday	American
March 1	Monday	Holi	Indian
March 16	Tuesday	Gudi Padwa (for Ahmedabad USCS only)	Indian
April 2	Friday	Good Friday	Indian
May 27	Thursday	Buddha Pournima	Indian
May 31	Monday	Memorial Day	American
July 05 *	Monday	Independence Day	American
August 19	Thursday	Parsi New Year	Indian
September 06	Monday	Labor Day	American
September 10	Friday	Ramzan-Id (Id-ul-Fitar)	Indian
October 11	Monday	Columbus Day	American
November 5	Friday	Diwali (Laxmi Pujan)	Indian
November 11	Thursday	Veterans’ Day	American
November 17	Wednesday	Bakri Id (Id-ul-Zua)	Indian
November 25	Thursday	Thanksgiving Day	American
December 24**	Friday	Christmas Day	American

* In lieu of July 4, Sunday
** In lieu of December 25, Saturday

Note: The American Citizens Services Unit will remain closed for services on every last Wednesday of each month for administrative purposes.

American Citizen Services (ACS) generally assists US Citizens, or Lawful Permanent Resident traveling abroad, with matters such as Passport issuance, Consular Report of Birth Abroad issuance, issuance of new visa pages, as well as notarizations. Those who may need to request the services of ACS are well advised to check the holiday closing schedule and also look to the official Consulate website in order to ascertain whether or not the Post provides online appointment scheduling. Scheduling an appointment online can greatly streamline dealing with ACS as Consular Officers are put on notice of requested services and can plan accordingly.

Tags: American Citizen Services, consular report of birth abroad, US Consulate, US Consulate Bombay, US Consulate Mumbai, US Embassy, us embassy bangkok, US Embassy India, US Visa
Posted in US Consulate Mumbai, US Embassy India | No Comments »

This blog frequently posts the holiday closing schedules of US Embassies and US Consulates overseas in an effort to forestall Americans or foreign nationals making an unnecessary and fruitless trip to the Post facilities of a US Mission abroad. The following is the holiday closing schedule for the United States Consulate-General in Kolkata, India as quoted directly from the official website of the US Consulate in Kolkata:

The U.S. Consulate General, the Consular/Visa Section, the Public Affairs Office at the American Center comprising of The American Library(AIRC), USIEF(United States India Educational Foundation) and the United States Foreign Commercial Service at Kolkata, India will observe the following American and Indian holidays in the year 2010.

DATE	DAY	HOLIDAY	TYPE
January 1	Friday	New Year’s Day	American
January 18	Monday	Martin Luther King’s Birthday	American
January 20	Wednesday	Shree Panchami	Indian
January 26	Tuesday	Republic Day	Indian
February 15	Monday	Washington’s Birthday	American
April 02	Friday	Good Friday	Indian
April 15	Thursday	Bengali New Year	Indian
May 31	Monday	Memorial Day	American
July 5	Monday*	Independence Day	American
September 6	Monday	Labor Day	American
October 11	Monday	Columbus Day	American
October 14	Thursday	Durga Puja(Saptami)	Indian
October 15	Friday	Durga Puja(Ashtami)	Indian
October 22	Friday	Lakshmi Puja	Indian
November 05	Friday	Kali Puja	Indian
November 11	Thursday	Veterans’ Day	American
November 17	Wednesday	Id-Ul-Zoha	Indian
November 25	Thursday	Thanksgiving Day	American
December 17	Friday	Muharram	Indian
December 24	Friday**	Christmas Day	American

*In lieu of Sunday , 7/4/10
** In lieu of Saturday, 12/25/10

Some of the popular reasons why American Citizens travel to a US Consular Post or a US Embassy overseas is to obtain new passports, visa pages, Consular Reports of Birth Abroad, or notarizations from the American Citizen Services Section of the Consulate. Those seeking such services are well advised to check the operating hours of the American Citizen Services Section of the Consulate as well as the holiday closing schedule in order to forestall a futile trip to the Post due to unforeseen closure.

It should also be noted that many United States Embassies and United States Consulates allow those with business at the post to book appointments online. This provides the Consular staff with an opportunity to better prepare to provide appropriate services to those seeking Consular assistance abroad.

Those seeking a visa to the United States do not deal with the American Citizen Services section of most US Consulates and/or Embassies as American visa applications are generally adjudicated by either the Immigrant visa unit or the non-immigrant visa unit (generally for purposes of Consular adjudication of a visa application the K1 visa is considered an Immigrant visa).

Tags: American Consulate Kolkata, American Embassy India, American Immigration India, American Visa India, Fiance Visa India, K1 Visa, K1 visa India, US Consulate, US Consulate Kolkata, US Embassy, US Embassy India, US Embassy New Delhi, US Immigration India, US Visa India
Posted in K1 Visa, US Consulate Kolkata, US Embassy India | No Comments »

Frequently, the administration of this blog posts holiday closing schedules for US Embassies and US Consulates overseas. This information is posted in an effort to forestall unnecessary trips to a US Embassy or US Consulate abroad. Many natives of the host country of an American Mission abroad are unaware of some of the holidays celebrated by Americans (which may result in the closing of a Post abroad in observance of said holidays). Furthermore, many Americans are unaware of certain local holidays observed by the host country (which may also necessitate Post closure). The following information is conveyed in an effort to provide clarification regarding Post closure. To quote directly from the official website of the US Consulate in Hyderabad, India, the following is a breakdown of the holidays observed by that Post:

* in lieu of July 4, 2010.

Note: In the year 2010, two Indian National Holidays – Independence Day and Gandhi Jayanthi fall on a Sunday and Saturday. The post will observe these holidays on Sunday, August 15, 2010 and Saturday, October 2, 2010 respectively”

Many Americans traveling abroad seek services from a US Consulate or Embassy overseas. Those who seek services from an American Citizen Services section of a US Embassy or US Consulate are well advised to check the local Post’s hours of operation, holiday closing schedule, and also ascertain whether or not the Post takes appointments online. For those seeking services from a US Consulate overseas, the process can be far more efficient where an American makes an appointment online s the appointment system often provides the customer with the opportunity to explain the services sought prior to the appointment date. This provides the Consular Officers with an opportunity to prepare themselves to best serve the customer’s needs.

United States Visa applications are not generally adjudicated by the American Citizen Services Section of a US Consulate. For more information about US Immigration generally please see: US visa.

Tags: American Citizen Services, American Immigration, American Visa, US Consulate, US Consulate Hyderabad, US Consulate Hyderabad Holiday Closing Schedule, US Embassy, US Embassy India, US Immigration, US Visa
Posted in US Consulate Hyderabad, US Embassy India | No Comments »

In recent months, this author has received a number of inquires regarding the American EB-5 visa. Many seem interested in this visa category because it accords the bearer with substantial benefits in the United States and also puts EB-5 visa holders on track to obtain United States Citizenship. In order to provide the reading public with relevant information, this post will provide a brief overview of the EB-5 visa and some information regarding the application process.

A well rounded layman’s definition of the EB-5 visa can be found at wikipedia.com. To briefly quote wikipedia’s entry regarding the EB-5 visa directly:

“The EB-5 visa for Immigrant Investors is a United States visa created by the Immigration Act of 1990. This visa provides a method of obtaining a green card for foreign nationals who invest money in the United States.^[1] To obtain the visa, individuals must invest at least $1 million, creating at least 10 jobs.^[2]

By investing in certain qualified investments or regional centers with high unemployment rates, the required investment amount is $500,000. The Immigrant Investor Pilot Program was created by Section 610 of Public Law 102-395 on October 6, 1992. This was in accordance to a Congressional mandate aimed at stimulating economic activity and job growth, while allowing eligible aliens the opportunity to become lawful permanent residents. This “Pilot Program” required only $500,000 of investment in exchange for permanent resident status. The investment could only be received by an economic unit defined as a Regional Center.”

Although the above definition provides superficial insight into the mechanics of the EB-5 visa, the official website of the United States Citizenship and Immigration Service (USCIS) may provide deeper elucidation into the eligibility requirements for an EB-5 visa:

Eligibility Criteria

New Business Enterprise

To qualify you must:

1. Invest or be in the process of investing at least $1,000,000.  If your investment is in a designated targeted employment area (discussed further below) then the minimum investment requirement is $500,000.
2. Benefit the U.S. economy by providing goods or services to U.S. markets.
3. Create full-time employment for at least 10 U.S. workers.  This includes U.S. citizens, Green Card holders (lawful permanent residents) and other individuals lawfully authorized to work in the U.S. (however it does not include you (the immigrant), or your spouse, sons or daughters).
4. Be involved in the day-to-day management of the new business or directly manage it through formulating business policy – for example as a corporate officer or board member.

Targeted Employment Area is defined by law as “a rural area or an area that has experienced high unemployment of at least 150 percent of the national average.”  For further detail click on the Laws section of this website and access section 203(b)(5)(B) of the Immigration Nationality Act (INA).

Troubled Business

To qualify you must:

1. Invest in a business that has existed for at least two years.
2. Invest in a business that has incurred a net loss, based on generally accepted accounting principles, for the 12 to 24 month period before you filed the Form I-526 Immigrant Petition by an Alien Entrepreneur.
3. The loss for the 12 to 24 month period must be at least equal to 20 percent of the business’s net worth before the loss.
4. Maintain the number of jobs at no less than the pre-investment level for a period of at least two years.
5. Be involved in the day-to-day management of the troubled business or directly manage it through formulating business policy.  For example as a corporate officer or board member.
6. The same investment requirements of the new commercial enterprise investment apply to a troubled business investment ($1,000,000 or $500,000 in a targeted employment area).

Regional Center Pilot Program

To qualify you must:

1. Invest at least $1,000,000 or $500,000 in a regional center affiliated new commercial enterpriose or a troubled business located within the area of the USCIS designated Regional Center.  Regional Centers are defined and discussed further below.
2. Create at least 10 new full-time jobs either directly through the capital investment.

A Regional Center is defined as any economic unit, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment. The organizers of a regional center seeking the regional center designation from USCIS must submit a proposal showing:

• How the regional center plans to focus on a geographical region within the U.S., and msut explain how the regional center will achieve the required economic growth within this regional area
• That the regional center’s business plan can be relied upon as a viable business model grounded in reasonable and credible estimates and assumptions for market conditions, project costs, and activity timelines
• How in verifiable detail (using economic models in some instances) jobs will be created directly or indirectly through capital investments made in accordance with the regional center’s business plan
• The amount and source of capital committed to the project and the promotional efforts made and planned for the business project.

As can be seen from the above citation, the eligibility criteria for an EB-5 visa are rigorous, but not insurmountable for an applicant who has the assistance of a competent and experienced US Immigration attorney.  Obtainment of EB-5 visas can require a great deal of time and expense in an effort to ensure that the eligibility and application requirements are met at the time of application submission. Those interested in obtaining such a travel document are well advised to contact an American Immigration lawyer.

For further details about US Immigration in general please see: US Visa.

Tags: American Citizenship by Investment, American Investor Visa, American Permanent Residence by Investment, EB-5 Visa, EB5 Visa, Employment Visa, Investor Visa, United States Citizenship and Immigration Service, US Visa Asia, US Visa Cambodia, US Visa China, US Visa Hong Kong, US Visa India, US Visa Indonesia, US Visa Japan, US Visa Korea, US Visa Laos, US Visa Singapore, US Visa Sri Lanka, US Visa Thailand, US Visa Vietnam, USCIS
Posted in Department of Homeland Security, EB5 Visa, US Business, US Citizenship, US Company Registration, US Consulate ChengDu, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, 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 LLC, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

K1 visas are a topic frequently discussed on this web log as they are a rather popular travel document for those American Citizens who have a foreign fiancee living outside of the United States of America. That said, in a recently filed complaint before the Federal District Court of Oregon an American Citizen, Dzu Cong Tran, asked for declaratory and injunctive relief as well as a writ of mandamus in connection with his previously filed I-129f petition on behalf of his Vietnamese fiancee. To quote the opening of the complaint:

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND PETITION FOR WRIT OF MANDAMUS

Nearly three years ago, the former United States Citizenship and Immigration Services (“USCIS”) Ombudsman Mr. Prakash Khatri issued recommendations to Department of Homeland Security (“DHS”) and USCIS regarding necessary changes to the standards and
processes for re-adjudication of petitions returned by consular offices for revocation or revalidation, due to systemic nationwide failures of the system. Two years ago, Jonathan R. Scharfen, former Acting Director of USCIS under the Bush Administration responded to the USCIS Ombudsman’s recommendations, implementing only some of those recommendations and specifically rejecting others. This class action lawsuit involves some of the recommendations of the USCIS Ombudsman which were rejected by defendants, in addition to other issues.

Through the contradictory and unlawful practices of each defendant agency, plaintiff and class members have been aggrieved by agency action and inaction, have suffered agency action unlawfully withheld and unreasonably delayed, have been subjected to arbitrary, capricious and unlawful denials and file transfers, have been deprived of due process of law and had visa issuance and petition approval denied or unreasonably withheld contrary to constitutional right, contrary to procedure required by law, and contrary to the limitations of statutory jurisdiction and authority. Thousands of families across the country and around the
world have been separated due to a colossal sparring match between the defendant agencies, and because of internal dissent within each agency.

Specifically, Plaintiff Dzu Cong Tran, on behalf of himself and all others similarly situated, challenges (a) defendant U.S. State Department’s (State Department’s) policies and procedures for processing and returning approved petitions to defendant U.S.
Citizenship and Immigration Services (USCIS) with a recommendation that the petition be revoked; and (b) defendant USCIS’ policies and procedures for revoking, denying or terminating petitions returned to it by defendant State Department. Plaintiff respectfully petitions this Court for injunctive, declaratory and mandamus relief to: (a) compel State Department to schedule a
visa interview within a reasonable period from the date that State Department’s National Visa Center receives an approved I-129F petition for fiancé(e) from USCIS; (b) compel State Department to issue a K-1 visa to the fiancé(e) of a U.S. citizen or notify the petitioner and beneficiary that the petition will be returned to DHS/USCIS within reasonable period following interview; (c) compel State Department to provide a reasonable period during which a petitioner and beneficiary may rebut consular findings before the petition is returned to DHS/USCIS; (d) compel State Department to return petitions to DHS/USCIS only where substantial evidence
exists that fraud, misrepresentation, or ineligibility would lead to denial, and not where it is merely suspected; and to provide a written notice supported by the legal and factual basis for the visa denial and petition return that are not conclusive, speculative, equivocal or irrelevant; (e)compel State Department to render a final decision to approve the K-1 visa or return a petition to
DHS/USCIS within a reasonable period not to exceed 30 days from the receipt of all necessary documents from the petitioner and beneficiary, and to accomplish delivery of the petition to State Department’s National Visa Center within such period; (f) declare that 8 C.F.R. § 214.2(k)(5), which purports to limit the validity of a K-1 fiancé(e) petition (Form I-129F) to four months, is ultra vires and in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (g) following such declaration, enjoin DHS/USCIS from limiting the validity period of any approved fiancé(e) petition; (h) declare that the Foreign Affairs Manual, at 9 FAM 40.63 N10.1, which purports to establish the materiality of an alleged misrepresentation pursuant to 8 U.S.C. 1182(a)(6)(C)(i), INA 212(a)(6)(C)(i), merely based upon DHS/USCIS summary revocation of the petition is ultra vires and in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (i) issue a permanent injunction barring the State Department from placing a marker, called a “P6C1” marker, or “quasi-refusal” in a visa beneficiary’s record, and deeming the DHS/USCIS revocation of the petition as automatically establishing the permanent misrepresentation bar to any future immigration possibility; (j) compel DHS/USCIS to issue a notice to petitioner within a reasonable period of time not to exceed 30 days from receipt of the returned petition from the State Department, providing petitioner with the legal and factual basis for the consular recommendation that is not conclusive, speculative, equivocal or irrelevant; (k) compel DHS/USCIS to provide petitioner the opportunity to submit evidence to rebut the consular recommendation within a reasonable period of time; (l) compel DHS/USCIS, in the case of a reaffirmation of approval, to deliver the reaffirmed petition to the State Department within a reasonable period of time, and compel State Department to issue the K-1 visa within a reasonable period of time following reaffirmation; (m) compel DHS/USCIS, in the case of a denial, to issue a decision within a reasonable period of time, and to advise petitioner of the right to appeal the decision to the Administrative Appeals Office.

The United States of America’s immigration apparatus is complex and multifaceted. This is due to the fact that two Departments have a role in the Immigration process and within each of those Departments there are multiple government agencies with different roles at differing phases of the process. For example, the United States Citizenship and Immigration Service (USCIS) and the United States Customs and Border Protection Service (USCBP), respectively, have jurisdiction over adjudication of visa petitions and inspection of aliens upon admission to the United States. In the interim, the Department of State, through the National Visa Center and each US Embassy or US Consulate abroad, is tasked with adjudicating visa applications and making determinations regarding an individual applicant’s admissibility to the USA. In the vast majority of cases involving a US visa denial the applicant will be provided written notice of the denial along with factual and legal reasons for the denial. Amongst many other things, the aforementioned complaint alleged that the:

State Department issued the [visa] denial based on mere suspicion and failed to provide a written notice supported by the legal and factual basis for the visa denial and petition return that was not conclusive, speculative, equivocal or irrelevant.

When a US visa application is denied, the Consular Officer issuing the denial should provide a written notice of denial based upon findings of fact and conclusions of law. The complaint, in essence, would seem to be alleging that the Officer at the US Consulate in HCMC did not provide a legally sufficient basis for denial.  Of further interest within the complaint was the following allegation:

State Department, in its denial, stated that, “[i]f USCIS revokes the petition, beneficiary will become ineligible for a visa under section 212(a)(6)(C)(i) of the Act.” INA 212(a)(6)(C)(i), 8 U.S.C. 1182(a)(6)(C)(i), is a permanent bar to admissibility for misrepresentation. Pursuant to the Foreign Affairs Manual, 9 FAM 40.63 N10.1, State Department placed a marker, called a “P6C1” marker, or “quasi-refusal” in Ms. Pham’s records, and will deem USCIS revocation of the petition as automatically establishing the permanent misrepresentation bar to any future immigration possibility.

This is an interesting phenomenon. As the US Immigration system becomes more sophisticated Department of State refusals seem to be evermore problematic for those who may later seek admission to the United States. For example, in another post on this blog it was noted that those with a previously issued 221(g) denial from a US Embassy or US Consulate may be denied benefits under the visa waiver program pursuant regulations related to the Electronic System For Travel Authorization (ESTA). As ESTA is under the jurisdiction of the USCBP and since that agency considers 221g refusals to be denials, while the Department of State continues to refer to them as refusals, the issuance of 221g could lead to an otherwise admissible individual being deemed inadmissible to the United States. This author has never personally dealt with a situation in which a Consular Officer has denied a US visa without a factual or legal basis. Hopefully, this case will help ascertain the exact nature of visa refusals at Consulates and Embassies overseas. Bearing that in mind, the decision in a case such as this could have major ramifications upon Consular Processing procedures at virtually every US Consular Post abroad.

For further information related to the US fiance visa please see: K1 visa.

Tags: ESTA, K1 Visa, K1 Visa Denial, US Consulate, US Embassy, us visa denial, USCBP, USCIS, Visa Waiver Program, writ of mandamus
Posted in Department of Homeland Security, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, National Visa Center, US Consulate ChengDu, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, 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, US Visa and Immigration, USCBP, USCIS | 4 Comments »

In a recent announcement from the American Department of State it was revealed that those agencies tasked with issuing US visas are to add security features to American travel documents issued to foreign nationals. To quote the announcement as posted on the American Immigration Lawyers Association (AILA) website:

This public notice announces an amendment to the Biometric Visa Program. Section 303 of the Enhanced Border Security and Visa Entry Reform Act of 2002 has required, since October 26, 2004, that all visas issued by the Department must be machine-readable and tamper-resistant and use biometric identifiers. In consultation with the Department of Homeland Security (DHS) and the Department of Justice (DOJ), the Department determined that fingerprints and a photo image should be required as biometric identifiers. When the biometric visa program began, available technology allowed for the efficient capture and comparisons of only two fingerscans. As a result of technological improvements, the Department instituted a ten fingerscan standard to raise the accuracy rate in matching fingerscans and enhanced our ability to detect and thwart persons who are eligible for visas.

As implied above, the Department of States is not the only American agency which will have a role in creating more effective security enhancements for American visas. The Department of Homeland Security will also play a part in this important endeavor. To further quote the announcement posted on the AILA website:

In establishing the Biometric Visa Program, the Department coordinated closely with the Department of Homeland Security (DHS). The Biometric Visa Program is a partner program to the DHS US-VISIT Program that is in effect at U.S. ports of entry and that uses the same biometric identifiers. By coordinating these two programs, the two departments have ensured the integrity of the U.S. visa. This is accomplished by sending the fingerscans and photos of visa applicants to DHS databases. When a person to whom a visa has been issued arrives at a port of entry, his or her photo is retrieved from a database and projected on the computer screen of the Customs and Border Protection officer. The person’s fingerscans are compared to the fingerscans in the database to ensure that the person presenting the visa is the same as the person to whom the visa was issued.

The new security features are likely be used for visa categories such as the K1 visa, the K3 Visa, and the common US Family Immigrant visas (CR1 Visa, IR1 visa) not to mention the non-immigrant visa categories such as the B1 visa and the B2 visa. That said, it seems unlikely that this will have an adverse impact upon those who seek a US visa in compliance with relevant US law.

Although the full-scale implementation of this program has yet to take effect, there are many who feel that more effective security measures will help ensure that there will be less fraud perpetrated against the United States government by foreign nationals wishing to illegally enter the USA.

For further information specifically related to US Consular Processing in Thailand please see: US Embassy Thailand.

Tags: B1 visa, B2 Visa, Consular Processing, CR1 Visa, Fiance Visa, IR1 Visa, K1 Visa, K3 Visa, us embassy thailand, US Visa
Posted in CR1 Visa, Department of Homeland Security, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Consulate ChengDu, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, 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, US Visa and Immigration, US Visa Thailand | No Comments »