Integrity Legal

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

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

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

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

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

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

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

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

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

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

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

(D) Prostitution and commercialized vice

Any alien who—

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

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

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

is inadmissible.

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

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

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

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

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

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

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

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

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

For More Information Please See: US Visa Thailand.

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

For regular readers of this blog, it is probably no surprise that some of the most recent USCIS Service Center processing time estimates are being put up as a courtesy to readers and the immigrant community at large. However, we have begun adding other visa category processing time estimates as there may be those in Thailand interested in either the L1 visa for intracompany transferees or the E2 visa for those trading in the United States under the US-Thai Treaty of Amity.

The following are the processing time estimates from the California Service Center as of January 31, 2010:

The following are the processing time estimates for the Vermont Service Center as of January 31, 2010:

Please note that these estimates are for USCIS processing only and do not include processing time for an application at the National Visa Center or at the US Embassy or US Consulate that will ultimately adjudicate a foreign national’s visa application. Please be advised that recent changes implemented by NVC may have a dramatic impact upon the overal K3 Visa process, but these policies should not effect the processing of a K1 visa.

For information about assisting a loved one with US visa obtainment please see: Thai Girlfriend Visa.

Tags: Amity Treaty, CR1 Visa, E2 Visa, E2 Visa Thailand, I-129f, I-130, IR1 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, L1 Visa, L1 Visa Thailand, Thai Girlfriend Visa, Treaty of Amity, US-Thai Treaty of Amity
Posted in Amity Treaty, CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, US Consulate Chiang Mai, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, USCIS | 9 Comments »

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

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

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

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

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

Tags: Fiance Visa, Fiancee Visa, K-1 Visa, K1 Visa, K1 Visa Thai Girfriend, K1 Visa Thailand, Thai Girlfriend Visa, US Tourist Visa Thailand, US Visa Denial Thailand, US visa denied Thai girlfriend, US Visa For Thai, US Visa Thai Girlfriend, US Visa Thailand, visa denial Thai girlfriend
Posted in Adjustment of Status, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 6 Comments »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tags: American Passport, consular report of birth abroad, Consular Report of Birth Abroad Thailand, Consular Reports of Birtha Abroad, Passport Cost, Passport Cost increase, Passport Fee, Passport Fee Increase, US Consulate Chiang Mai, US Consulate General Chiang Mai, us embassy bangkok, us embassy thailand, us passport, US passport Thailand, US Visa Thailand
Posted in US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand | No Comments »

In a recent posting on this blog we discussed a recent internal rule change at the National Visa Center (NVC). The NVC announced that effective February 1, 2010 they will no longer process I-129f petitions for marriage visa benefits if the underlying I-130 petition arrives prior to, or at the same time as, the supplemental I-129f petition. There are those who are wondering what impact this will have upon visa seekers. For those seeking a K-3 visa, the impact of this recent announcement is very important because in many cases, the NVC will require couples to seek immigrant spouse visas such as the IR-1 visa and the CR-1 visa rather than the expedited K3 visa. However, some may be confused about how this new rule will impact those seeking a fiance visa.

In order to obtain a fiance visa, the US Citizen must file an I-129f petition for a K1 visa. If the initial petition is approved, then it will be forwarded to the National Visa Center for a security clearance. After a security clearance, it will be forwarded to the US Embassy or US Consulate with proper jurisdiction. Confusion may arise because some may be placed under the mistaken impression that the I-129f petition will be administratively closed by NVC in a fiance visa case. This is not the truth, as administrative closures of I-129f petitions are only to happen in the context of applications for the K3 visa and not the K1 visa. This recent rule change will likely have no impact upon the K1 visa process as the rule is designed to change the K3 visa process exclusively.

One upshot of this recent development is that the resources that NVC was expending in processing I-129f petitions for K-3 visas may be diverted to processing Immigrant visas or K1 visas. That being said, it is this author’s opinion that the K1 visa process is quite efficient and NVC usually takes very little time to process K1 visa applications. In most cases where the visa application is to be processed by the US Embassy Thailand, there is a two week waiting time between I-129f petition approval by USCIS and the forwarding of the file from NVC to the US Embassy. By most people’s estimate, this is a reasonable period of time to wait. In the case of Immigrant visas, the NVC processing time is considerably longer as the NVC requires more documentation in Immigrant visa matters compared to non-immigrant visa cases.

Tags: American Embassy Thailand, CR-1 Visa, CR1 Visa, Fiance Visa, Fiance Visa Thailand, Fiancee Visa, IR-1 Visa, IR1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, National Visa Center, US Consulate Chiang Mai, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

A recently proposed rule would increase the fees charged by the US Department of State for services performed at Embassies and Consulates abroad. To quote the AILA website:

“This rule proposes adjustments in current fees for consular services. The Department of State is adjusting the fees in light of an independent cost of service study’s (“CoSS”) findings that the U.S. Government is not fully covering its costs for providing these services under the current fee structure. The primary objective of the adjustments to the Schedule of Fees is to ensure that fees for consular services reflect costs to the United States of providing the services.”

Although not exhaustive, the following quotes list the proposed fee increases for services that will likely have the biggest impact upon US Citizens resident abroad:

“Passport Book Application Services

The Department is increasing the application fee for a passport book for an adult (age 17 and older) from $55 to $70. The application fee for a passport book for a minor (age 16 and younger) will remain at $40. The CoSS estimated that the cost of processing first-time passport applications for both adults and minors is $105.80 based on a projected FY10 workload of 11.9 million. This cost includes border security costs covered by the passport book security surcharge, discussed immediately below. Because a minor passport book has a validity of just five years, in contrast with the ten-year validity period of an adult passport book, the Department has decided to leave the minor passport book application fee at $40, and allocate the remainder of the cost of processing minor passport book applications to the adult passport application fee.”

The proposed rule goes further as there will be further fee increases for new passport seekers:

“Passport Book Security Surcharge

The Department is increasing the passport book security surcharge from $20 to $40 in order to cover the costs of increased border security which includes, but is not limited to, enhanced biometric features in the document itself. The passport book security surcharge is the same for adult passport books and for minor passport books.”

The addition of visa pages to an American’s passport has always been a courtesy provided free of charge. However, the proposed rule would change this:

“Additional Passport Visa Pages

In the past, the Department provided extra pages in a customer’s passport, to which foreign countries’ visas may then be affixed, at no charge. The CoSS found that the cost of the pages themselves, of having the pages placed in the book in a secure manner by trained personnel, and of completing the required security checks results in a cost to the U.S. Government of $82.48 based on a projected FY10 workload of 218,000. Therefore, the Department will charge $82 for this service.”

For those American Citizens who have a child overseas a Consular Report of Birth Abroad (CRBA) is necessary in order to ultimately obtain a US passport for the child. That being said, the fee for a CRBA would be increased under the newly proposed rule:

“Application for Consular Report of Birth Abroad of a Citizen of the United States

The CoSS found that the cost of accepting and processing an application for a Consular Report of Birth Abroad of a Citizen of the United States is $197.28 based on an FY10 workload projection of 80,000 applications. The Department has decided to raise the fee from $65 to $100, still significantly less than cost, based on its view that too high a fee might deter U.S. citizen parents from properly documenting the citizenship of their children at birth, a development the Department feels would be detrimental to national interests.”

The Immigrant visa fees associated with the processing of Immigrant family based visa applications (such as IR-1 visas and CR-1 visas) are to be decreased pursuant to the proposed rule:

“Immigrant Visa Application Processing Fee

The Department is changing the fee for processing an immigrant visa from $355 for all immigrant visas, to a four-tiered fee based on CoSS estimates for each discrete category of immigrant visa, as applications for certain applications cost more to process than others. Accordingly, the application fee for a family-based (immediate relative and preference) visa (processed on the basis of an I-130, I-600 or I-800 petition) will be $330.”

This being said, employment based application fees are to rise dramatically. Immigrant visa fees should not be confused with non-immigrant dual intent visa fees (such as those payable for the obtainment of a K1 visa or a K3 Visa) which are expected to rise in the future. Finally, an often overlooked service of the American Citizen Services section of a US Embassy or a US Consulate involves document notarization and legalization:

“Providing Documentary Services

The CoSS found the cost to the U.S. Government of providing documentary services overseas is $76.36 per service based on a projected FY 2010 workload of 380,000 services. These are primarily notarial services, certification of true copies, provision of documents, and authentications. However, the Department is raising these fees only from $30 to $50, lower than cost, in order to minimize the impact on the public.”

The above changes in the fee structure for Consular services will hopefully result in increased funds which will provide Americans with better services when they need important documentation.

Tags: American Citizen Services, consular report of birth abroad, CR-1 Visa, dual intent, IR-1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K3 Visa, notary service at US Embassy, passport, US Consulate, US Embassy, US Visa
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Upcoming Legislation, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand | 1 Comment »

In cases where a US visa application is denied it may be possible to remedy the visa denial by applying for a waiver if the denial was based upon a legal grounds of inadmissibility. This type of waiver is called an I-601 waiver. At one time, if a United States visa applicant was infected with the Human Immunodeficiency Virus (HIV), then they would be denied a visa visa based upon this factor alone, if no other issues existed that called for a denial. However, recently the United States Immigration authorities have changed this rule. To quote a document promulgated by the American Immigration Lawyers Association (AILA):

“[I]nfection with the Human Immunodeficiency Virus (HIV) is no longer a ground of inadmissibility. If you have the HIV infection, you are no longer inadmissible to the United States, and are no longer required to file Form I-601 because of your HIV infection. As part of the revisions to Form I-601, any reference to HIV infection in the form and the instructions were removed.”

This is not the only rule change that has been recently promulgated as the filing instructions themselves have recently changed in order to more accurately reflect the proper filing locations as well as other regulatory modifications.

“In addition, USCIS… announced that there are revised filing instructions and addresses for applicants filing Form I-601, Application for Waiver of Ground of Inadmissibility. The change of filing location is part of an overall effort to transition the intake of benefit forms from USCIS local offices and Service Centers to USCIS Lockbox facilities. By centralizing form and fee intake to a Lockbox environment, USCIS can provide customers with more efficient and effective initial processing of applications and fees.”

The “lockbox” method is currently employed when processing immigrant visa applications such as the IR-1 visa and the CR-1 visa. This allows USCIS to streamline the application process as all applications are submitted to one location. K1 visa applications as well as K3 marriage visa applications are submitted directly to the USCIS Service Center with appropriate jurisdiction.

In situations where an I-601 waiver application is submitted overseas, the application is usually submitted at the US Embassy or US Consulate where the visa is denied. This allows the Consular Officer to make a recommendation regarding the waiver application. Those interested in US visa waivers should note that only licensed United States attorneys or accredited representatives are allowed to represent clients before both the United States Embassy and the United States Citizenship and Immigration Service (USCIS). That being said, only an attorney is entitled to charge fees for such services as accredited representatives are usually not-for-profit agencies who only charge a nominal fee (if anything) when assisting immigrants. Those who are not licensed to represent clients is US Immigration matters cannot charge a fee to represent clients in Immigration proceedings pursuant to US law.  For more information please click here.

For more information about American visas and the remedies available upon application denial please see: US Visa Denial.

Tags: 601 Waiver, HIV Waiver, I-601 Waiver, I601 Waiver, Inadmissibility, K1 Visa Thailand, K3 Visa Thailand, US Visa Attorney, us visa attorney bangkok, us visa attorney thailand, us visa denial, us visa lawyer, us visa lawyer bangkok, us visa lawyer thailand, US Visa Thailand, US Visa Waiver
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K3 Visa, US Consulate Chiang Mai, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS, Visa Waiver | No Comments »

Recently, one of the administrators of this blog came across an article on the Telegraph’s website. The article reported on the recently announced future legalization of same-sex marriage in the country of Nepal. To quote the article directly:

“Nepal’s homosexual community, which is led by Asia’s only openly gay member of parliament, will next month host a tourism conference to explore how to attract wealthy gay visitors to boost the country’s war-ravaged economy. The country’s new constitution will legalise homosexual marriage in May this year, when “Pink Mountain” will begin offering luxury honeymoon and wedding packages.”

This is a rather stunning announcement as few countries in Asia have legalized marriage between individual’s of the same sex. The article went further:

“Sunil Babu Pant, a Communist legislator and leader of the country’s homosexual rights movement, has launched a travel company dedicated to promoting the former Hindu kingdom to gay tourists in an effort to tap the so-called “Pink Pound” and dollar…Mr Pant is hoping to build on the government’s new determination to maximise income from tourism by targeting all potential markets…’The government is hoping to increase the number of tourists from 400,000 to one million next year and has taken a positive attitude to welcoming gay and lesbian visitors to help meet their ambitious target,’ he told The Daily Telegraph on Tuesday.”

This move should be applauded not only because many feel that it is the morally correct thing to do, but also because it will likely result in a major economic boon for Nepal.  A question on the minds of many who are interested in the issue of same-sex marriage and US Immigration is: how will this impact rights of gay couples who wish to immigrate to the United States of America?

In the short term, movements such as this will not have a direct impact on US Federal Immigration policy as the Defense of Marriage Act (DOMA) still precludes the promulgation of US Immigration benefits based solely upon a same-sex marriage. However, as more countries begin to legalize marriage between people of the same sex it becomes more apparent that the movement has gained something of a critical mass internationally. Further, the legality of DOMA is likely to eventually be taken up by the United States Supreme Court as there is currently a pending Federal Court Case in Massachusetts as well as a challenge in California Federal District Court to the provisions of “Prop 8″ in California.

It would seem that if the US Supreme Court overturns DOMA, then a valid same sex marriage in a country such as Nepal could be used as a basis for applying for US Immigration benefits. That being said, if DOMA were repealed then same-sex partners could possibly be entitled to file for such US Immigration benefits as a K1 visa or a K3 Visa at a US diplomatic post abroad (such as the US Embassy in Nepal). However, these issues have not been fully resolved and current US same-sex family immigration policy remains as an insurmountable obstacle to re-uniting many same-sex couples in the USA.

Another issue to remember on this topic is the Uniting American Families Act (UAFA) which would provide US Immigration benefits to the “Permanent Partners” of US Citizens or lawful permanent residents. A valid marriage would probably be seen as a strong piece of evidence supporting a claim of “permanent partnership.”

Tags: Defense of Marriage Act, DOMA, K1 Visa, K1 visa gay marriage, K1 visa same sex marriage massachusetts, K3 Visa, K3 visa gay marriage, Same Sex Marriage, same sex us immigration, uafa, Uniting American Families Act, US visa gay marriage
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Legal Opinion, Miscellaneous, US Embassy Kathmandu, US Embassy Nepal, US Visa and Immigration, US Visa Thailand | No Comments »