Integrity Legal

Those who read this blog regularly will likely be aware that the administration of this blog routinely posts about issues related to the Immigrant Investor Visa colloquially referred to as the EB5 Visa. Recently, this author discovered an interesting piece on the internet which was written about the United States dollar versus the Singapore Dollar. to quote directly from the TheMalaysianInsider.com:

the Singapore dollar is forecast to strengthen to 1.356 against the US dollar by the end of the year, a central bank survey showed…The currency forecast translates into an appreciation of 3.35 per cent from 1.403 to the US dollar at the end of 2009.

Under certain circumstances, a strengthening local currency can be problematic as exporters generally wish to see a strong US dollar when trading with the US. However, those wishing to invest money into an enterprise in the United States of America may find that a strengthened local currency is a benefit. In the case of the EB-5 visa this is certainly the case as those who hold assets in strong foreign currency may find that the real cost of investing in the USA is cheaper compared to costs in the past due to a comparatively weak American dollar.

The EB-5 visa program requires the prospective immigrant investor to make a substantial investment in the USA. Prospective Immigrant Investors should be prepared to invest a minimum of $500,000 into an eligible investment program in the USA. Should an immigrant investor make the required investment, adhere to relevent regulations, and meet other eligibility criteria, then an EB-5 visa may be issued. Once in the USA, the EB-5 visa holder may one day be eligible to apply for naturalization to United States Citizenship. United States Citizenship is a highly sought after benefit as there are many privileges and rights which attach to an individual who has become an American Citizen.

It should be noted that there are a limited number of EB-5 visas available each year. To quote directly from the Beacon, the official web log of the United States Citizenship and Immigration Service (USCIS):

The Immigrant Investor Program, also known as “EB-5,” was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by immigrant investors by creating a new commercial enterprise or investing in a troubled business. There are 10,000 EB-5 immigrant visas available annually. In 1992 and regularly reauthorized since then, 3,000 EB-5 visas are also set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.

In many ways, the EB-5 visa program is a “win-win” situation as the alien is granted Lawful Permanent Residence (Green Card status) and the United States economy receives the benefit of foreign investment as well as the addition of an enthusiastic immigrant who is eager to contribute to America’s economic future.

For more information please see: EB-5 Visa Singapore.

Tags: American Immigration Singapore, American Visa Singapore, EB-5 Visa, EB-5 Visa Singapore, EB5 Visa, EB5 Visa Singapore, Immigrant Investor Visa, Immigrant Investor Visa Pilot Program, United States Immigration Singapore, United States Visa Singapore, US Immigration Singapore, US Visa Singapore, USA Visa Singapore
Posted in Department of Homeland Security, EB5 Visa, US Consulate Singapore, US Embassy Singapore, US State Department, US Visa, US Visa and Immigration, USCIS | No Comments »

Recently, this blogger was reading a report from the Department of State regarding the statistics pertaining to the United States Visa Process. To quote the report directly:

Immigrant visa issuances during fiscal year 2011 are limited by the terms of INA 201 to no more than 226,000 in the family-sponsored preferences and 140,000 in the employment-based preferences. (Visas for “Immediate Relatives” – i.e., spouses, unmarried children under the age of 21 years, and parents – of U.S. citizens are not subject to numerical limitation, however.) It should by no means be assumed that once an applicant is registered, the case is then continually included in the waiting list totals unless and until a visa is issued. The consular procedures mandate a regular culling of visa cases to remove from the count those unlikely to see further action, so that totals are not unreasonably inflated. If, for example, a consular post receives no response within one year from an applicant to whom the visa application instruction letter (i.e., the consular “Packet 3″ letter) is sent when the movement of the visa availability cutoff date indicates a visa may become available within a reasonable time frame, the case is considered “inactive” under the consular procedures and is no longer included in waiting list totals.

It has be routinely noted on this blog and elsewhere online that the American visa process is somewhat restrictive when it comes to non-immediate relative petitions as there are limited numbers of visas available to the immediate family of American lawful permanent residents and the non-immediate relatives of American Citizens. That said, this was not the portion of the above citation that this author felt was noteworthy. Instead, a central issue for this blogger is that of “culling visa cases”. For those who do not have a great deal of experience dealing with US Immigration matters it may seem rather heavy handed to simply cancel a visa file. However, it should be pointed out that a US Embassy or US Consulate abroad is responsible for reviewing, adjudicating, and processing a large number of visa applications each year. Therefore, in the name of organization and efficiency it is often necessary for cases to be removed from the processing queue lest the whole system become overloaded and inefficient.

Those wishing to obtain a visa to the USA should be cognizant of the fact that failure to follow up with the US Mission with Consular jurisdiction could result in the canceling of one’s visa application thereby resulting in an end to the entire proceeding. This is also true for those who receive a 221g denial as failure to respond within one year of the denial’s issuance could result in the culling of the case file.

Some find that the assistance of an American Immigration attorney can be highly beneficial as such an individual can provide insight into and assistance with the United States visa process. Furthermore, American attorneys working overseas can provide real time assistance with Consular processing at American Missions abroad.

For related information please see: Consular Processing.

Tags: Administrative Processing, American Consulate, American Embassy, American Institute, American Visa Process, Consular Processing, culling visa cases, US Consulate, US Embassy, US Immigration, US Mission, US Visa, US Visa Process, Visa Process
Posted in American Institute Taiwan, 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 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 | No Comments »

In an effort to provide clarity to those interested in the United States Immigration process the administration of this blog routinely posts the estimated processing times of the service centers of the United States Citizenship and Immigration Service (USCIS). USCIS is tasked with adjudicating immigration petitions and applications for those seeking visa or immigration benefits. The following was quoted directly from the official website of USCIS:

Those seeking information about the US visa process should note that the USCIS processing times do not take into consideration processing at the United States National Visa Center nor the United States Mission, Embassy or Consulate overseas where the alien national may be processing their visa application. Consular processing times and NVC processing times generally depend upon the caseload of the US Embassy or US Consulate adjudicating the visa application.

Tags: American Visa Processing Time, CR-1 Visa Processing Time, I-129f, I-130, IR-1 Visa Processing Time, K-1 Visa Processing Time, K-3 Visa Processing Time, K1 visa processing time, K3 Visa processing time, National Visa Center, NVC, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Visa Processing Time, USCIS
Posted in American Institute Taiwan, 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 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 Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Since the topic of American Investment visas was first broached on this blog, this author has received some questions regarding the way in which United States Investment Visas actually operate in the real world. One of the most frequently asked questions pertaining to EB-5 visas is: “Can I get US Citizenship by investing in the United States?” The answer to that question is somewhat nuanced and it requires one to have a rather in-depth understanding of the EB-5 Immigrant Investor visa and the process for obtaining this type of travel document.

There are some countries around the world which have programs whereby investors can obtain virtually instantaneous citizenship simply by investing capital into the economy of the country issuing the nationality documents. In the United States, there is no program that operates this way. However, the EB-5 visa does grant the visa holder lawful permanent residence in the USA. This is a substantial benefit and should not be taken for granted as Lawful Permanent Residence is a highly sought after status that allows the Permanent Resident to permanently reside and work in the United States. Many often refer to Lawful Permanent Residence as “Green Card” status. That said, Lawful Permanent Residence is not American Citizenship. Those in the USA in Green Card status are not permitted to vote in elections, run for political office, and such individuals also cannot obtain a US passport. Although, those in Lawful Permanent Resident (LPR) status may be eligible to obtain a US reentry permit which allows the bearer to leave the United States for as long as two years without raising the presumption of residential abandonment.

Although there is no “citizenship by investment” program in the USA, the EB-5 visa could be the first step in the United States Naturalization process. For example, if an immigrant investor is granted an EB-5 visa and enters the United States, then that individual would be granted permanent residence upon lawful admission. After residing in the United States for a statutorily prescribed period of time, and assuming all other criteria are met, it may be possible for an EB-5 visa holder to apply for naturalization. Naturalization is the process whereby a foreign national becomes a United States Citizen. The process can be somewhat cumbersome and for those unaccustomed to dealing with immigration matters it may seem complex and frustrating at times, but upon approval of a petition for naturalization an EB-5 Immigrant Investor could theoretically obtain United States Citizenship.

Even though the United States does not offer a direct “Citizenship by Investment” program, one could argue that the US offers a “Path to Citizenship” by Investment program in the form of the EB-5 visa which places holders of said visa on track to possible American Citizenship should all other criteria be adhered to and the physical presence requirement be met.

For related information please see: EB-5 Visa Thailand, EB-5 Visa China, or EB-5 Visa Taiwan.

Tags: American Citizenship by Investment, American Immigrant Investor, EB-5 Visa, EB-5 Visa Australia, EB-5 Visa Bangladesh, EB-5 Visa Burma, EB-5 Visa China, EB-5 Visa Hong Kong, EB-5 Visa India, EB-5 Visa Indonesia, EB-5 Visa Japan, EB-5 Visa Korea, EB-5 Visa Laos, EB-5 Visa Macau, EB-5 Visa Malaysia, EB-5 Visa Myanmar, EB-5 Visa Nepal, EB-5 Visa New Zealand, EB-5 Visa Pakistan, EB-5 Visa Singapore, EB-5 Visa Sri Lanka, EB-5 Visa Taiwan, EB-5 Visa Thailand, EB-5 Visa Vietnam, EB5 Visa, Immigrant Investment Visa, Immigrant Investor Visa, Naturalization, path to citizenship, US Citizenship by Investment
Posted in American Institute Taiwan, EB5 Visa, 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 Emassy Mongolia, 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 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 Visa, US Visa and Immigration, US Visa Thailand | No Comments »

It recently came to the attention of this blogger that the Ombudsman for the United States Citizenship and Immigration Service (USCIS) has made some recommendations regarding the processing procedures associated with the I-601 waiver. To quote directly from a recent Memorandum sent to CIS Ombudsman January Contreras from USCIS Director Alejandro N. Mayorkas:

The CIS Ombudsman recommends that USCIS:

• Centralize processing of all Forms 1-601 to deliver faster and more standardized
adjudication; .

• Provide for concurrent filing of Form 1-601 and Form 1-130, Petition for Alien Relative;

• Prioritize the finalization of its overseas case management system (currently in
development) to provide for accurate statistical reporting of Forms.1-601, allowing for:
(1) posted processing times, and (2) tracking via the “My Case Status” feature on the
USCIS website;

• Publish clear filing instructions to guide customers in need of expedited Form 1-601
processing;

• Improve coordination between DOS consular· officers and USCIS adjudicators who work
with Forms 1-601 at CDJ; and,

• Amend CDJ’s office policy to allow USCIS employees to request digitized Alien Files
(A-files) upon receipt of interview schedules.

Some of these issues have been raised by those with cases pending before the United States Citizenship and Immigration Service or a US Embassy or US Consulate overseas. The aforementioned memorandum is quite extensive and those interested in learning further should check out the full memo online. That said, USCIS responded to many of the issues raised by the Ombudsman. For example, the memo noted the following:

1. Centralize processing of all Forms 1-601 to deliver faster and more standardized adjudication.

USCIS Response: USCIS agrees in part.

USCIS is currently evaluating different organizational models for processing Forms 1-601 filed overseas, with the aim of enhancing consistency and efficiency, optimizing use of USCIS resources, and further decreasing processing times for cases that cannot be quickly approved. While centralization is one model that could further these goals; other models, such as bispecialization (i.e.,processing particular forms in two locations only), may have some advantages…

The memorandum went on to reply further:

2. Provide for concurrent filing of Form 1-601 and Form 1-130, Petition for Alien Relative.

USCIS Response: USCIS is considering this recommendation.

In April 2010, USCIS formed a working group under the leadership of the Office of Policy and Strategy to explore concurrent filing and any possible challenges to implementation. Because the change in our process could result in unanticipated complications, it would have to be done in a manner that carefully manages applicant expectations and USCIS resources. The working group is focused on evaluating the feasibility and benefits of the potential process change…

This suggestion could prove interesting in practice as the dynamics of concurrent filing may not be feasible. As the tone of the above citation implies, there may be a great deal of study before such a suggestion could be acted upon. Meanwhile, under the current processing scheme those who need an I-601 waiver outside of the United States must first be deemed inadmissible in a visa adjudication conducted by a Consular Officer at a US Mission, US Embassy, or US Consulate abroad. Therefore, simultaneous application submission as suggested above may not comport with current processing procedures.

3. Prioritize the finalization of its overseas case management system (currently in development) to provide for accurate statistical reporting of Forms 1-601, allowing for: (1) posted processing times, and (2) tracking via the “My Case Status” feature on the USCIS website.

USCIS Response: USCIS agrees.

USCIS is pleased to report that the USCIS overseas case management system, which has been an Agency priority over the course of FY2010, was released for use by all International Operations staff on August 16, 2010.

Hopefully, measures such as those noted above will lead to further streamlining of the overall United States Immigration process.To quote the memorandum further:

4. Publish clear filing instructions to guide Customers in need of expedited Form 1-601 processing.

USCIS Response: USCIS agrees.

USCIS is in the process of updating its International Operations Division’s standard operating guidance on Form 1-601 adjudications to address requests for expedited processing.

Hopefully, new guidance about expedited processing will assist petitioners and beneficiaries in understanding how to go about requesting expedited processing in cases where such service is warranted.

5. Improve coordination between DOS consular officers and USCIS adjudicators who work with Forms 1-601 at CDJ.

USCIS Response: USCIS agrees.

USCIS agrees that DOS consular officers and USCIS adjudicators should maintain close coordination at CDJ and all other overseas posts. All USCIS overseas offices closely collaborate with their DOS colleagues. In CDJ, DOS consular officers and USCIS adjudicators discuss shared concerns every day. The USCIS CDJ Field Office Director and the Immigrant Visa Chief also maintain daily contact…

In many ways, cooperation between officers at different government agencies represents one of the best hopes for an overall streamlining of the visa process. Although, those interested in understanding the I-601 waiver process should note that there are some functions that must be performed by Consular Officers and some that must be performed by USCIS Officers. In any case, effective communication between multiple individuals and agencies is likely to result in more convenience for those seeking an immigration benefit.

6. Amend CDJ’s office policy to allow USCIS employees to request digitized Alien Files (Afiles) upon receipt of interview schedules.

USCIS Response: USCIS agrees in part.

USCIS agrees that A-file records (whether digitized or hard copy) should be requested early in the adjudication process and is evaluating procedures to achieve this goal without significantly delaying the process.

Although digitized records represent further efficiency, it may take time to implement the recommendation noted above.

The process of obtaining a visa or an I-601 waiver of inadmissibility can be difficult to understand for those unaccustomed to the immigration process. In many cases where involving I-601 waivers, individuals or couples sometimes opt to retain the assistance of an American attorney experienced in United States Immigration matters as such individuals are licensed to provide advice and counsel in matters pertaining to US travel documents and waivers of inadmissibility to the USA.

Fore related information please see: US Visa Denial or K1 visa.

Tags: I-601 Waiver, I-601 Waiver Bangladesh, I-601 Waiver Burma, I-601 Waiver Cambodia, I-601 Waiver China, I-601 Waiver Hong Kong, I-601 Waiver India, I-601 Waiver Indonesia, I-601 Waiver Japan, I-601 Waiver Laos, I-601 Waiver Macau, I-601 Waiver Malaysia, I-601 Waiver Myanmar, I-601 Waiver Nepal, I-601 Waiver Pakistan, I-601 Waiver Singapore, I-601 Waiver South Korea, I-601 Waiver Sri Lanka, I-601 Waiver Thailand, I601 Waiver, Inadmissibility, January Contreras, Response to Recommendation Regarding the Processing ofWaivers of Inadmissibility, United States Citizenship and Immigration Service, US Visa, USCIS Director, USCIS Ombudsman
Posted in American Institute Taiwan, I-601 Waiver, 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 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, USCIS | No Comments »

In recent weeks, some websites have been abuzz with information pertaining to a recent memorandum from the United States Citizenship and Immigration Service (USCIS) which discussed Social Media platforms and their relevance in the context of United States Immigration.  To quote sections of the memo directly, as posted on the EFF.org (Electronic Frontier Foundation) website:

The Internet has made it increasingly easier for people to get connected with each other whether that is with long-distance family, fiiends [sic], or to find new loves and friendships. Social networking sites such as MySpace, Facebook, Classmates, Hi-5, and other similar sites are designed to allow people to share their creativity, pictures, and information with others. Sometimes people do this to find romance, sometimes they do it to find fiiends [sic] with similar interests, and sometimes they do it to keep in touch with family…This provides an excellent vantage point for FDNS to observe the daily life of beneficiaries and petitioners who are suspected of fraudulent activities. Generally, people on these sites speak honestly in their network because all of their friends and family are interacting with them via lM’s (Instant Messages), Blogs (Weblog journals), etc. This social networking gives FDNS an opportunity to reveal fraud by browsing these sites to see if petitioners and beneficiaries are in a valid relationship or are attempting to deceive CIS about their relationship.

Visa and Immigration Fraud are fundamental concerns of the Department of Homeland Security, the USCIS, and Fraud Detection and National Security (FDNS). Therefore, investigation into the bona fides of a relationship that is the basis for submission of a visa petition can be rather routine in circumstances where a United States Citizen or Lawful Permanent Resident has submitted a petition for immigration benefits on behalf of a foreign loved one. That said, the implications of USCIS’s monitoring social media sites can be somewhat unnerving for many as evidenced by a recent quote from a blog post on the ImmigrationEquality.org website:

While we would never encourage anyone to engage in immigration fraud, it is disturbing to think of government officials “friending” unknowing immigrants to use the information in their personal posts against them. In these times of technology speeding forward, it’s important to remember that when you post anything on a public site you have to anticipate that it could be used against you.

Immigration fraud is a serious issue as the integrity of United States immigration law must be upheld both by those seeking immigration benefits and those adjudicating immigration petitions. New technologies offer new ways to stay connected to friends, family, and loved ones in a global context.  However, comments made on social media sites which may seem innocuous or humorous to an online poster at the time of a comment’s posting could be taken out of context by immigration adjudicators who are not personally acquainted with the person or persons making such comments. At the end of the day, the main themes that may be gleaned from the recent revelation of this memo: DO NOT EVER attempt to defraud the U.S. government in an attempt to obtain immigration benefits and even those seeking immigration benefits for bona fide reasons should be cognizant of the fact that information posted on social media websites could, at some point, be heavily scrutinized by immigration officers and/or adjudicators.

For related information please see: US Visa Processing Time or I-601 waiver.

Tags: American Family Immigration, American Immigration, American Visa, Classmates, CR1 Visa, Department of Homeland Security, DHS, EFF.org, Facebook, FDNS, Fraud Detection and National Security, Hi-5, I-601 Waiver, ImmigrationEquality.org, IR1 Visa, K1 Visa, K3 Visa, MySpace, United States Immigration, United States Visa, US Immigration, US Visa, USCIS "friending", USCIS Social Media Monitoring
Posted in Adjustment of Status, American Institute Taiwan, CR1 Visa, Department of Homeland Security, Fiance Visa Thailand, General Legal Information, I-601 Waiver, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, 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 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 Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Regular readers of this blog are likely to note that the administration often posts the most recent USCIS (United States Citizenship and Immigration Service) estimated processing times in an effort to provide insight to those researching United States Immigration for the first time. Depending upon the visa category that is sought, the USCIS processing time may vary as different visa categories require unique adjudication. The following time frames were quoted directly from the official website of the United States Citizenship and Immigration Service:

After a petition is submitted to either a USCIS lockbox or Service Center, the adjudication of the petition will generally occur based upon the order in which said petition is received. It should be noted that the above processing time estimates do not take into account the time it takes for the National Visa Center to process visa applications. Furthermore, Consular Processing at a US Mission, US Embassy or US Consulate abroad can add to the overall visa processing time. Therefore, even if a visa petition is approved, this does not mean that a visa will be immediately issued.

For further related information please see: K1 visa, L1 visa, E1 visa, E2 visa, or EB5 visa.

Tags: CR-1 Visa, CR1 Visa, E 2 Visa, E-1 Visa, E1 visa, E1 Visa Process, E2 Visa, E2 Visa Process, EB5 Visa, EB5 Visa Process, IR-1 Visa, IR1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K1 Visa Process, K3 Visa, L-1 visa, L1 Visa, US Visa Process, US Visa Processing Time, USCIS Processing Time, USCIS Processing Times
Posted in American Institute Taiwan, CR1 Visa, E1 visa, E2 Visa, EB5 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 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 Emassy Mongolia, 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 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 »

Those familiar with this blog may note that the Diversity Visa Lottery is on the horizon. This is a no-cost application and our firm currently does not take clients for Diversity Visas. That said, there are many around the world who are eligible to submit an application to be entered in the Diversity Visa Lottery. The following is language from the Federal Register quoted directly from a posting on the American Immigration Lawyers Association (AILA) website:

[Federal Register: October 1, 2010 (Volume 75, Number 190)]
[Notices]
[Page 60846-60854]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc10-116]

—————————————

DEPARTMENT OF STATE

[Public Notice: 7184]

Bureau of Consular Affairs; Registration for the Diversity Immigrant (DV-2012) Visa Program

AGENCY: Department of State.

ACTION: Notice.

—————————————

SUMMARY: This public notice provides information on how to apply for the DV-2012 Program. This notice is issued pursuant to 22 CFR 42.33(b)(3) which implements sections 201(a)(3), 201(e), 203(c) and 204(a)(1)(I) of the Immigration and Nationality Act, as amended, (8 U.S.C. 1151, 1153, and 1154(a)(1)(I)).

Instructions for the 2012 Diversity Immigrant Visa Program (DV-2012)

The congressionally mandated Diversity Immigrant Visa Program is administered on an annual basis by the Department of State and conducted under the terms of Section 203(c) of the Immigration and Nationality Act (INA). Section 131 of the Immigration Act of 1990 (Pub. L. 101-649) amended INA 203 and provides for a class of immigrants known as “diversity immigrants.” Section 203(c) of the INA provides a maximum of 55,000 Diversity Visas (DV) each fiscal year to be made available to persons from countries with low rates of immigration to the United States.

The annual DV program makes permanent residence visas available to persons meeting the simple, but strict, eligibility requirements. A computer-generated random lottery drawing chooses selectees for Diversity Visas. The visas are distributed among six geographic regions with a greater number of visas going to regions with lower rates of immigration, and with no visas going to nationals of countries sending more than 50,000 immigrants to the United States over the period of the past five years. Within each region, no single country may receive more than seven percent of the available Diversity Visas in any one year.

For DV-2012, natives of the following countries are not eligible to apply because the countries sent a total of

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more than 50,000 immigrants to the United States in the previous five years:

BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PERU, the PHILIPPINES, POLAND, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM.

Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible. For DV-2012, no countries have been added or removed from the previous year’s list of eligible countries.

The Department of State implemented the electronic registration system beginning with DV-2005 in order to make the Diversity Visa process more efficient and secure. The Department utilizes special technology and other means to identify those who commit fraud for the purposes of illegal immigration or who submit multiple entries.

Diversity Visa Registration Period

Entries for the DV-2012 Diversity Visa Lottery must be submitted electronically between noon, Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 5, 2010, and noon, Eastern Standard Time (EST) (GMT-5) Wednesday, November 3, 2010. Applicants may access the electronic Diversity Visa Entry Form (E-DV) at http://www.dvlottery.state.gov during the registration period. Paper entries will not be accepted. Applicants are strongly encouraged not to wait until the last week of the registration period to enter. Heavy demand may result in Web site delays. No entries will be accepted after noon, EST, on November 3, 2010.

Requirements for Entry

To enter the DV lottery, you must be a native of one of the listed countries. See “List of Countries by Region Whose Natives Qualify.” In most cases this means the country in which you were born. However, there are two other ways you may be able to qualify. First, if you were born in a country whose natives are ineligible but your spouse was born in a country whose natives are eligible; you can claim your spouse’s country of birth, provided both you and your spouse are on the selected entry, are issued visas, and enter the United States simultaneously. Second, if you were born in a country whose natives are ineligible, but neither of your parents was born there or resided there at the time of your birth, you may claim nativity in one of your parents’ country of birth, if it is a country whose natives qualify for the DV-2012 program.

To enter the lottery, you must meet either the education or work experience requirement of the DV program. You must have either a high school education or its equivalent, defined as successful completion of a 12-year course of elementary and secondary education; OR, two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform. The U.S. Department of Labor’s O*Net OnLine database will be used to determine qualifying work experience. For more information about qualifying work experience, see Frequently Asked Question 13. If you cannot meet either of these requirements, you should NOT submit an entry to the DV program. [AILA InfoNet Doc. No. 10100163 (posted Oct. 1, 2010)]

Those wishing to apply for a Diversity Visa should first ascertain if they are eligible. After determining eligibility an application must be submitted. Should an entrant be chosen to receive the visa, then Consular Processing will still be required. Therefore, applicants for a US diversity visa may still be required to submit themselves for interview at a US Embassy or US Consulate outside of the United States. Some find that attorney assistance is beneficial during the Consular Processing phase of this type of application while others choose to file pro se.

It should be noted that the Visa Lottery does not require payment of any fees  initially (although winners may need to pay Consular Processing fees and travel expenses). Therefore, those wishing to obtain this type of travel document should view anyone seeking an “application fee” with caution. Finally, as always, before retaining anyone to assist with any type of visa application it may be prudent to check the credentials of the individual to be retained in an effort to determine if he or she is a licensed American attorney who is able to practice US Immigration law.

For related information please see: US Visa Thailand.

Tags: American State Department, Department of Homeland Security, Department of State, DHS, Diversity Visa, Diversity Visa Lottery, DOS, DV program, State Department, USCIS, Visa Lottery
Posted in Department of Homeland Security, US Consulate ChengDu, US Consulate Chennai, 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 Emassy Mongolia, 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 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 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 Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Those who read this blog on a regular basis may have noted that recently less attention has been paid to the K1 visa than in the past. This development is partly due to the fact that there has been little to report regarding the US fiance visa as there have been few dramatic changes to the K1 visa process since the beginning of the year 2010. That said, with Comprehensive Immigration Reform possibly on the horizon, there are those who believe that many changes will be made to current US Immigration protocols. In a recent announcement, the American State Department sought comments regarding the DS-156K. This form is specifically used for Consular Processing of the K1 fiance visa. To directly quote an excerpt from the announcement as distributed by the American Immigration Lawyers Association (AILA):

We are soliciting public comments to permit the Department to: Evaluate whether the proposed information collection is necessary to properly perform our functions. Evaluate the accuracy of our estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. Enhance the quality, utility, and clarity of the information to be collected. Minimize the reporting burden on those who are to respond, Abstract of proposed collection: Form DS-156K is used by consular officers to determine the eligibility of an alien applicant for a non- immigrant fiancee visa. Methodology: The DS-156K is submitted to consular posts abroad.

In the past, the DS-156K might have also been utilized in a K3 Visa application pending before a US Consulate or US Embassy. However, the National Visa Center announced this year that many of the K3 visa applications will be “administratively closed” in cases where the underlying I-130 petition (used for spouse visas such as the CR1 Visa and the IR1 Visa) arrives at NVC simultaneously or prior to the arrival of the I-129f petition for a K3 visa.

In the context of the K1 visa, this request for comments would appear to be an attempt by the State Department to assess the utility of the DS-156K in an effort to streamline the processing of future K visa applications. How the comments will ultimately be used remains to be seen, but any attempt to make the visa process more efficient should be greeted positively by this author as the visa process can sometimes prove to be confusing and cumbersome those American Citizens wishing to bring a loved one to the United States.

For further information please see: K1 Visa Thailand or K3 Visa Thailand.

Tags: American Visa Asia, American Visa Thailand, CR1 Visa, DS-156K, Fiance Visa Thailand, IR1 Visa, K1 Fiance Visa, K1 Visa, K1 Visa Cambodia, K1 Visa China, K1 visa India, K1 Visa Indonesia, K1 Visa Laos, K1 Visa Malaysia, K1 Visa Singapore, K1 Visa Taiwan, K1 Visa Thailand, K1 Visa Vietnam, K3 Visa Thailand, National Visa Center, US Consulate, US Embassy, US Fiance Visa
Posted in American Institute Taiwan, Comprehensive Immigration Reform, CR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 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 Emassy Mongolia, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, 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 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 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 and Immigration, US Visa Thailand | No Comments »

The United States Customs and Border Protection Service (USCBP) is tasked with maintaining the security of America’s ports and overseeing the execution of customs regulations. In previous posts on this blog, it has been noted that there is a great deal of economic opportunity in the Asia-Pacific region. Some Americans are unfamiliar with a body known colloquially as APEC (Asia Pacific Economic Cooperation). This body has become an increasingly important platform for discussion of various subjects pertaining to inter-jurisdictional matters arising in the Asia-Pacific region. To quote the APEC website directly:

Asia-Pacific Economic Cooperation, or APEC, is the premier forum for facilitating economic growth, cooperation, trade and investment in the Asia-Pacific region .

APEC is the only inter governmental grouping in the world operating on the basis of non-binding commitments, open dialogue and equal respect for the views of all participants. Unlike the WTO or other multilateral trade bodies, APEC has no treaty obligations required of its participants. Decisions made within APEC are reached by consensus and commitments are undertaken on a voluntary basis.

This consensus driven initiative has proven effective in facilitating international trade, cooperation, and dialogue. In a recent press release it was announced that the USCBP will likely be taking on a more hand-on role within the APEC framework. To quote the press release as distributed by the American Immigration Lawyers Association (AILA):

U.S. Customs and Border Protection announced today that it will host the Subcommittee on Customs Procedures as part of the 2011 Asia-Pacific Economic Cooperation (APEC) meetings that will be chaired by the United States. The Sub-committee on Customs Procedures coordinates CBP’s efforts in customs, immigration and counter-terrorism with partner agencies throughout APEC member countries. The yearlong chairmanship will be handed over to CBP from the Japan Customs and Tariff Bureau today.

“CBP is proud to be hosting the distinguished members of the Sub-committee on Customs procedures for the 2011 APEC meetings,” said Commissioner Alan Bersin. “It is of vital importance to the security of our global economy for the members to coordinate and share
customs best practices.”

The subcommittee is a working level group within APEC. It brings Customs administrations of APEC Member Economies together to simplify and harmonize customs procedures and to ensure trade moves efficiently and safely across the Asia-Pacific region. APEC is the premier forum for facilitating economic growth, cooperation, trade and investment in the Asia-Pacific region. The APEC region is home to more than 2.7 billion
people and represents approximately 60 percent of the world GDP and 44 percent of world trade.

Japan officially turns over the Chair of APEC to President Barack Obama at the November 13-14, 2010 Leader’s Meeting in Yokohama, Japan.

This is a very interesting development from an economic perspective as it would appear that the United States is taking a keener interest in Asia-Pacific affairs. This may be due to the recent downturn in the US economy as well as the rise of The Peoples’ Republic of China as a major player in global economic relations. Whatever the reason for this increasing interest in the region, this author welcomes further streamlining of Customs procedures in an effort to stimulate new transnational trade and facilitate preexisting trading relationships in an effort to increase the volume trade between the United States and the members of APEC.

Hopefully, through voluntary cooperation trade can be increased and the security of the USA and the other APEC member nations will be increased. To further quote the aforementioned press release distributed by AILA:

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation’s borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

Hopefully, this new multilateral initiative will be beneficial for all concerned as US officials and Customs authorities from other participating nations can pool some resources in an effort to combat international crime and facilitate the execution of relevant immigration laws.

Many Americans and foreign nationals are under the mistaken impression that Customs and Border Protection simply “rubber stamps” entrants to the United states who are either from countries participating in the Visa Waiver Program or have a US Tourist Visa. Nothing could be further from the truth as even those entering the USA with a valid visa could be turned away or placed in Expedited removal proceedings depending upon their travel history. Those interested in traveling to the USA from a country abroad may find the assistance of an American attorney beneficial as such an individual may be able to provide insight into the Immigration process and streamline the processing of visa applications and petitions.

For related information please see: US Visa China.

Tags: AILA, American Attorney, APEC, ASEAN, Asia Pacific Economic Cooperation, Department of Homeland Security, deportation, expedited removal, removal, United States Customs and Border Protection, US Tourist Visa, US Visa China, US Visa Thailand, USCBP
Posted in American Institute Taiwan, Department of Homeland Security, US Business, 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 Emassy Mongolia, 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 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 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 Tourist Visa, US Visa, US Visa and Immigration, US Warrants, USCBP | No Comments »