Integrity Legal

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 »

On this blog, we frequently take the time to point out the fact that only a US licensed attorney or other accredited representative can represent clients before the United States Citizenship and Immigration Service (USCIS), the National Visa Center (NVC), or the US Embassy in Bangkok. Recently, USCIS has promulgated a brochure for consumers regarding US Immigration and fraud perpetrated against unwitting immigrants. Unfortunately, there are those who claim to be US Immigration experts when they are in fact unlicensed to practice United States law. These people claim all sorts of titles in order to sound as though they have a right to practice American Immigration law. The fact of the matter is that there are only two types of representatives that USCIS or the Department of State recognizes as legally able to represent clients.

The first category of authorized representatives is Attorneys. To quote directly from the brochure, USCIS requires the following in order for an attorney to act as a representative for clients in an Immigration matter:

An attorney must be in good standing with a U.S. state bar association (or U.S. possession, territory, Commonwealth, or the District of Columbia) and may not be under any court order restricting their practice of law. The best way to protect yourself is to ask the attorney to show you their current attorney license document. Write down the information and contact the state bar admission office to verify the accuracy of the information.

In a further quote from this brochure, USCIS explains what an individual or organization needs in order to be recognized as an accredited representative in immigration matters:

An accredited representative must work for an organization that has permission from the Board of Immigration Appeals (BIA) to provide legal advice on immigration matters. The organization will have an order from the BIA that gives the accredited representative permission to assist individuals with their immigration applications and petitions. The best way to protect yourself is to ask the accredited representative to show you the BIA order. Write down the information and contact the BIA to verify the accuracy of the information.

There it is, from USCIS itself, there are only two ways to verify that one calling himself an attorney is actually certified or licensed to practice Immigration law. Those seeking Immigration advice would be wise to undertake the above measures in order to be certain that their representative is able to effectively represent their interests. So-called visa agents, Immigration Consultants, legal advisors, and/or anyone calling themselves a “lawyer” should be able to provide either a license to practice law in a US state or territory, a US bar membership card, or a letter of permission from the Board of Immigration Appeals, anyone who cannot produce one of these documents is not authorized under US law to practice in the area of United States Immigration. This brochure went on to note that only an American attorney or an accredited representative is entitled to submit a form G-28 to the USCIS service center. Anyone who prepares an application without including this G-28 document should be asked why they are not submitting it.

Tags: American Visa Thailand, Immigration attorney, Immigration Consultants, immigration law, Immigration Lawyer, us visa bangkok, US Visa Thailand, visa agents, visa consultants
Posted in Legal Opinion, Miscellaneous, US Consulate HCMC, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, USCIS | 29 Comments »

The United States Consulate at the American Embassy in Bangkok conducts most, if not all, of the immigrant and non-immigrant family based visa application interviews submitted by those resident in the Kingdom of Thailand. The Immigrant Visa Unit is a division of the United States Consulate which has been given the specific task of adjudicating Immigrant visa applications for travel documents such as the IR1 and the CR1 visa as well as the non-immigrant dual intent travel documents such as the K1 visa and the K3 visa.

The visa interview itself is viewed by many applicants with apprehension and fear as they are worried that it will be used in an attempt to undermine the applicant’s visa application. In reality, nothing could be further from the truth. In cases where the applicant has been candid, told the truth on the application forms,  and provided proper documentation the interview is simply an exercise on the part of the Consular Officers to determine that the applicant is who they say they are and that they meet the legal and factual requirements for visa issuance. The interview is not conducted in an effort to somehow humiliate or degrade the applicant, it is truly an investigation into the facts of the case. This being said, those that lie on an application or falsify documentation will likely have an unpleasant experience at the US Embassy as an Administrative Processing interview with the Fraud Prevention Unit can be a less-than-pleasant undertaking. Although courteous, the Consular Officers will often conduct their due diligence zealously in order to uncover the truth regarding the facts of the application.

Honesty is always the best policy when it comes to US Immigration matters. Unfortunately, some so-called “visa agents” in Thailand encourage applicants to lie in order to cover up some perceived problem with the application.  Not only is this practice unethical, but in the case of visa interviews it is almost cruel to send a non-native English speaker into the Embassy to be interrogated by officers trained and experienced in conducting these kinds of due diligence.

After the visa interview, should the application be approved, the Consular Officer will usually take the applicant’s passport and provide them with a “Red Card.” Many who research US Immigration are quite familiar with the so-called “Green Card,” which is the Resident Alien Card provided to aliens in the US as proof of lawful permanent residence in America. A “Red Card,” is the appellation that some Immigration attorneys in Thailand as well as Thai visa applicants have applied to the the small index card that the US Embassy in Bangkok provides the applicant should their passport be taken for visa issuance. The reason that this card is referred to it as a “Red Card” is due to the fact that the stamp on the card, which denotes (in Thai and English) the date and time that an applicant can pick up the passport and visa, is red.

Red Cards are not necessarily a guarantee of visa issuance as in rare cases necessary documentation is overlooked and must still be presented by the applicant. However, in the vast majority of cases when a Red Card it issued it means that the visa will more than likely be issued and can be picked up a few days after the conclusion of the interview.

Please note that each US Embassy or US Consulate has different administrative procedures and rules. Therefore, the information regarding “Red Card” issuance at the US Embassy in Bangkok may be completely irrelevant when it comes to other posts such as the US Embassy in Myanmar or the US Consulate in HCMC. Therefore it is advisable to refer to each Embassy’s individual website for specific information about processing a visa application through that particular post.

Tags: Administrative Processing, American Embassy Bangkok, American Embassy Thailand, CR-1 Visa, CR1 Visa, Fraud Prevention Unit, Green Card, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, Red Card, US Consulate, US Embassy, us embassy bangkok, us embassy thailand, Visa Interview
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 embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand | 1 Comment »

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

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

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

The California Service Center processing times are as follows:

The Vermont Service Center processing times are as follows:

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

Tags: American Visa Thailand, K-1 Visa, K-3 Visa, K1 Visa, K1 visa processing time, K1 Visa Processing Times, K1 Visa Thailand, K3 Visa, K3 Visa processing time, 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, K3 Visa, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Virtually every United States Embassy or Consulate will close in recognition of United States Federal Holidays. Most will also close in recognition of local holidays or customs. The United States Embassy in Vietnam is no different. Below, please find the 2010 holiday closing schedule for the US Embassy located in Hanoi:

The above notation of “A” and “V” denotes the type of holiday. “A” stands for American, while “V” stands for Vietnamese.

In Vietnam, the bulk of United States visa and immigration matters are handled at the US Consulate in Ho Chi Minh City. This situation is the opposite of the internal mechanics of the posts in Thailand as the US Embassy in Bangkok handles nearly all Immigrant visa petitions while the US Consulate in Chiang Mai deals with Non-Immigrant visa applications for visas such as the US Tourist Visa, the J1 visa, and the F1 visa.  That being said, the holiday closing schedule of the US Consulate in Ho Chi Minh City (HCMC) is identical to the schedule of the US Embassy in Hanoi. Therefore, those interested in that post’s closing schedule should look to the information above.

For those in a legitimate emergency, it may be possible to contact the Embassy during a holiday. That being said, this is contacting Embassy staff may be difficult as most Embassy and Consulate personnel use holidays to take much needed time off. Therefore, those with an impending issue would be wise to take care of it before a holiday as it is unlikely that the Embassy will make special accommodations.

For those who need passports, notary services, Consular Reports of Birth Abroad, or visa pages it would be wise to contact the American Citizen Services Section of the local US Embassy or US Consulate.

For those interested in learning more about the US Embassy in Hanoi please click here. For those who wish to learn maore about the US Consulate in HCMC please click here. Finally, for those interested in US visas from Southeast Asia please see K-1 visa, CR-1 visa, or K-3 visa.

Tags: American Citizen Services, CR-1 Visa, CR1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K3 Visa, US Consulate HCMC, US Consulate Ho Chi Minh City, US Embassy Hanoi, US Embassy Vietnam, US Tourist Visa, US Visa Hanoi, US Visa HCMC, US Visa Southeast Asia, US Visa Vietnam
Posted in K1 Visa, K3 Visa, US Consulate HCMC, US Embassy Hanoi, US Embassy Vietnam, US Tourist Visa, US Visa and Immigration | 29 Comments »