Integrity Legal

The administration of this blog routinely posts the holiday closing schedules of various United States Missions in Asia in an effort to share this information with those Americans or foreign nationals traveling outside of the United States who need to obtain services which can only be provided by an American Post abroad. The following is the holiday closing schedule of the US Embassy in Hanoi, Vietnam as quoted from the US Embassy’s official website:

The following list of official holidays for 2011 has been approved consistent with the provisions of 3 FAM 2336 (American holidays) and the revised Article 73 of the Vietnamese Labor Code. The U.S. Embassy will be closed on these days.

V = Vietnamese Holidays
A – American Holidays

Those seeking services such as issuance of a Consular Report of Birth Abroad, US Passport, or addition of visa pages to an already issued US Passport are well advised to contact the American Citizen Services Section of the nearest US Embassy, US Consulate, American Institute, or US Mission with appropriate Consular jurisdiction.

Those seeking the homepage of the official website of the US Embassy in Hanoi, Vietnam should click HERE.

Those seeking information regarding matters pertaining to United States Immigration are well-advised to contact a licensed American lawyer in order to receive advice and counsel regarding the practical implications of the application of relevant American Immigration law.

Those seeking Non-immigrant visas such as the B-2 visa for tourists, the B-1 visa for business travelers, the J-1 visa for cultural exchange visitors, or the F-1 visa for students are likely to have their visa application processed through the Non-immigrant Visa Unit of the nearest American Mission.

Generally, those seeking US family based visas are required to process their application through an Immigrant Visa Unit of a US Mission abroad. For purposes of visa application processing the non-immigrant US fiance visa (the K-1 visa category) is treated in essentially the same manner as the Immigrant spouse visas such as the CR1 Visa or the IR1 Visa.

Those seeking business and/or investment based visas such as the EB-5 visa or the L-1 visa are generally required to process an Immigration petition at the Department of Homeland Security‘s United States Citizenship and Immigration Service (USCIS) prior to Consular Processing of the visa application.

For related information please see: US Visa Vietnam or K-1 Visa Vietnam.

Tags: American Citizen Services Vietnam, American Embassy Hanoi, American Embassy Vietnam, American Visa Vietnam, B-2 Visa Vietnam, Consular Report of Birth Abroad Vietnam, CR-1 Visa Vietnam, EB-5 Visa Vietnam, F-1 Visa Vietnam, IR-1 Visa Vietnam, K-1 Visa Vietnam, K1 Visa Vietnam, L-1 Visa Vietnam, US Embassy Hanoi, US Embassy Vietnam, US fiance visa Vietnam, US Passport Vietnam, US Student Visa Vietnam, US Tourist Visa Vietnam, US Visa Vietnam, USA Visa Vietnam
Posted in CR1 Visa, EB5 Visa, IR1 Visa, J1 visa, K1 Visa, K2 Visa, K3 Visa, L1 Visa, US Consulate HCMC, US Embassy Hanoi, US Embassy Vietnam, US State Department, US Tourist Visa, US Visa, US Visa and Immigration, USCIS | No Comments »

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

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

A – American Holiday/L – Local Holiday

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

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

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

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

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

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

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

For related information please see: US Visa China.

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

It recently came to this blogger’s attention that the United States Embassy in Indonesia has made great progress in showcasing the USA to the people of Indonesia. In fact, it was recently reported that a new cultural center has been opened in Jakarta, Indonesia with the sole purpose of encouraging American and Indonesian exploration of new technology. To quote directly from the website America.gov:

NEW AMERICAN CULTURAL CENTER IN JAKARTA

After many months of planning, @america, the United States’ first high-tech cultural center, opened to the Indonesian public December 2…

According to the U.S. Embassy in Jakarta, @america is a one-of-a-kind, high-technology American cultural center where visitors can explore, experience and express their interests about the United States in innovative ways. In the physical and virtual spaces of @america, visitors will experience cutting-edge technology, interactive games and live events designed to facilitate people-to-people exchanges virtually and in real life.

The new center, developed by the embassy in collaboration with Indonesian and U.S. partners, aims to expand engagement between young Indonesians and young Americans. The Indonesian firm PT Ganesha Aggies Jaya designed and will manage @america. The center is located in the Pacific Place Mall in Central Jakarta and admission is free.

This author must point out the obvious fact that this new technology center could prove to be a significant platform for cross-cultural communication. It would appear that in the coming years the United States and Indonesia may have increasingly close relations both diplomatically and economically as Indonesia (along with many other countries in Southern and Southeastern Asia) matures both as a nation and as an economic, trade, and manufacturing center. The details of future American-Indonesia relations remain to be seen, but it is clear that both countries can be very beneficial to one another as increased ties and trade is generally a mutually beneficial phenomenon.

Recently, the American President Barack Obama made a highly celebrated visit to Indonesia. It would appear that trip was a success with the Citizens of Indonesia as the President remains popular in this Southeast Asia nation. As many nations in Asia experience economic growth and success the United States of America will hopefully act as a role model for other countries in matters pertaining to technology as the technology sector in the United States remains vibrant compared to industries which were more hard hit by recent economic downturns. It could be argued that through greater technological integration the USA and countries such as Indonesia could form mutually beneficial relationships which result in innovation and increased business opportunities.

For related information please see: US Visa Indonesia, K-1 Visa Indonesia, or  EB-5 Visa Indonesia.

Tags: @America, @America Indonesia, America.gov, American Business Indonesia, American Company Indonesia, American Embassy Indonesia, American Embassy Jakarta, American Visa Indonesia, K-1 Visa Indonesia, K1 Visa Indonesia, US Business Indonesia, US Company Indonesia, US Embassy Indonesia, US Embassy Jakarta, US Visa Indonesia, USA Embassy Indonesia, USA Embassy Jakarta, USA Visa Indonesia
Posted in EB5 Visa, K1 Visa, US Business, US Embassy Indonesia, US Embassy Jakarta, US State Department, US Visa, US Visa and Immigration | No Comments »

This author recently came across an interesting piece of information on the official website of the American Immigration Lawyers Association (AILA). Apparently, the United States legislature has enacted legislation that would simplify the adoption process for Americans adopting a child, or children, outside of the United States of America. To quote directly from a recent AILA posting:

On 11/30/10, President Obama signed into law the International Adoption Simplification Act (P.L. 111-287).

The law amends the INA to include in the definition of “child,” and thus in the exemption from required admissions vaccination documentation, certain children who have been adopted in a foreign country that is a signatory to the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (Hague Convention) or who are emigrating from such a country for U.S. adoption.

It includes in such definition and exemption a child who is under the age of 18 at the time an immediate relative status petition is filed on his or her behalf, has been adopted abroad or is coming for U.S. adoption, and is the natural sibling of: (1) an adopted child from a Hague Convention signatory country; (2) a child adopted under the age of 16 who has lived with the adoptive parents for at least two years, or a child who has been abused; or (3) an orphan who was under the age of 16 at the time an immediate relative status petition was filed on his or her behalf.

The bill was passed in the Senate by unanimous consent on 7/21/10, and passed by the House of Representatives by a voice vote on 11/15/10.

It should be noted that not all countries are signatories to the Hague Convention noted above. However, for the USA, which has joined the Hague Convention, the simplification of the adoption process could result in families being reunited in the USA much more quickly compared to the process in the recent past.

In many ways, the foreign adoption process is somewhat similar to the process of obtaining American immigration benefits for a child purusuant to the provisions of the Child Citizenship Act of 2000. The CCA’s provisions can grant United States Citizenship by operation of law to the natural born child or children of an American Citizen. That said, the process for obtaining such benefits is often very much the same as the process utilized by those Americans wishing to bring a step-child of foreign nationality to the USA. The major difference between these two processes occurs at the United States Port of Entry where children of American Citizens born abroad become US Citizens by operation of law upon admission to the USA on an Immigrant visa in the company of the American parent.

Fore related information please see: Child Citizenship Act.

Tags: Adoption in Asia, Adoption in Thailand, AILA, American Immigration Lawyers Association, Child Citizenship Act, Child Citizenship Act of 2000, Foreign Adoption, Immigrant Visa, International Adoption Simplification Act, United States Citizenship
Posted in American Institute Taiwan, 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, USCBP, USCIS | No Comments »

This blogger recently came upon a press release detailing the enactment of a final rule regarding E-2 visas for those wishing to invest and conduct business in the Commonwealth of the Northern Mariana Islands (CNMI). The following is quoted directly from the official website of the United States Citizenship and Immigration Service (USCIS):

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today posted a final rule in the Federal Register that creates a nonimmigrant investor visa classification in the Commonwealth of the Northern Mariana Islands (CNMI). The “E-2 CNMI Investor Visa” allows foreign long-term investors to reside in the CNMI through December 2014. Petitions for the E-2 CNMI Investor classification will be accepted beginning Jan. 18, 2011. Petitions received before Jan. 18, 2011, will be rejected.

Authorized by the Consolidated Natural Resources Act (CNRA) of 2008, the E-2 CNMI Investor Visa will be issued for two years, is renewable, and is valid only in the CNMI. The investor’s spouse and children may also apply for status as dependents of the investor.

For those who are unfamiliar with matters pertaining to the CNMI it should be noted that only recently was this jurisdiction folded into the group of jurisdictions which utilize the Department of Homeland Security to set and enforce immigration law and policy. In the past, the CNMI maintained relatively autonomous status when it came to immigration matters, but newly enacted rules have made CNMI Immigration rules very similar to those of the rest of the USA.

E-2 visas are very useful travel documents for those wish to go to the United States of America (or in this instance, the Commonwealth of the Northern Mariana Islands) for business or investment purposes. Strictly speaking, E-2 visas are non-immigrant visas, but unlike the B-2 visa (US Tourist Visa) the E-2 is effectively treated as if it were a dual intent travel document in the same vein as an L-1 visa. One of the benefits of dual intent travel documents is that the applicant does not need to overcome the presumption of immigrant intent as set forth in section 214b of the United States Immigration and Nationality Act.

The E-2 visa is sometimes confused with the EB-5 visa. The United States EB-5 visa is an Immigrant Investor visa. Pursuant to the provisions of relevant American Immigration law the applicant for an EB-5 visa is accorded Lawful Permanent Resident status upon lawful admission to the United States in EB-5 status. It should be noted that the EB-5 visa process can be rather cumbersome as a petition must initially be filed with the United States Citizenship and Immigration Service (USCIS). Furthermore, the EB-5 visa seeker must also undergo Consular Processing at a US Embassy, US Consulate, American Institute, or US Mission with appropriate Consular jurisdiction. Finally, the United States Customs and Border Protection Service (USCBP) is tasked with inspecting and making findings of admissibility when any foreign national requests admission to the USA. As stated above, upon lawful admission to the USA, an alien national in EB-5 status will be granted conditional lawful permanent residence in the USA.

For related information please see: E2 Visa Thailand.

Tags: 214(b), American Immigrant Investor Visa, CNMI, Commonwealth of the Northern Mariana Islands, dual intent, E 2 Visa, E-2 Visa CNMI, E2 Visa, E2 Visa CNMI, EB-5 Visa, EB5 Visa, Immigrant Investor Visa, L-1 visa, L1 Visa, US Immigrant Investor Visa
Posted in American Institute Taiwan, Department of Homeland Security, E2 Visa, EB5 Visa, L1 Visa, 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 Tourist Visa, US Visa, US Visa and Immigration, USCBP, USCIS | No Comments »

Routinely, the administration of this blog posts the estimated processing times of the United States Citizenship and Immigration Service (USCIS) Centers in an effort to provide clarity and information to those interested in the US Immigration process. It should be noted that for visa petitioners seeking a K-1 visa or an Immigrant visa such as a CR-1 visa, these estimated processing times do not take into account the need to process many visa applications through the National Visa Center (NVC) and possibly a US Embassy or US Consulate abroad. Below are the estimated processing times for the Texas Service Center, the Nebraska Service Center, the Vermont Service Center and the California Service Center as quoted from the official website of USCIS:

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The above estimates are simply that: estimates. However, these time frames do represent a realistic assessment of the probable time it would take to process a visa petition at USCIS. Again, most visa cases require further processing by the Department of State so the above estimates do not reflect the full duration of the US visa process in most cases.

For related information please see: K-1 Visa Thailand or K-3 Visa Thailand.

Tags: Advance Parole Processing Time, CR-1 Visa Processing Time, CR1 Visa Process, EB-5 visa process, EB-5 Visa Processing Time, IR-1 Visa Processing Time, IR1 Visa Process, K-1 Visa Processing Time, K-3 Visa Processing Time, K1 Visa Process, K3 Visa Process, L-1 Visa Processing Time, L1 Visa Process, National Visa Center, NVC, United States Citizenship and Immigration Service, US Consulate, US Embassy, USCIS, USCIS Processing Times
Posted in American Institute Taiwan, CR1 Visa, Department of Homeland Security, 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 Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The issue of immigration fraud is a serious one. Authorities of the United States government within the Department of Homeland Security (DHS), the Department of State (DOS), the United States Citizenship and Immigration Service (USCIS), the United States Customs and Border Protection Service (USCBP), and the United States Immigration and Customs Enforcement Service (USICE) are all tasked with the responsibility of screening and investigating matters pertaining to visa and immigration fraud. It recently came to this blogger’s attention that the Immigration and Customs Enforcement Service, colloquially referred to as ICE, apprehended a Nigerian man in connection with US visa fraud. To quote directly from the ICE.gov website:

HOUSTON – A Nigerian man on Monday was stripped of his U.S. citizenship at his sentencing hearing for conspiracy to commit marriage fraud, marriage fraud, naturalization fraud, and making a false statement to a federal agency. The sentence was announced by U.S. Attorney José Angel Moreno, southern District of Texas. The investigation was conducted by the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI). Ibraheem Adeneye, 33, who is originally from Nigeria and became a naturalized U.S. citizen, was convicted of the charges May 7 by a jury. He has been in federal custody on these charges for about six months. U.S. District Judge Kenneth Hoyt sentenced Adeneye to the time he has already served in prison. The judge also granted the government’s motion to strip Adeneye of his U.S. citizenship. Adeneye is now subject to deportation.

Denaturalization is the process by which a person is stripped of United States Citizenship and returned to foreign national status. Regarding the issue of sham marriage and the United States Immigration process, the report went on to note:

The ICE HSI investigation was initiated in 2008. Adeneye indicated that he was engaged in brokering sham marriages between Nigerian nationals and U.S. citizens so that the Nigerians could obtain immigration benefits, ultimately leading to U.S. citizenship. In return, the U.S. citizen “spouses” received cash payments to assist the Nigerians in the deception.

Incorporating a sham marriage into an effort to obtain United States visa benefits is a serious crime as can be seen from the above cited report. Those thinking of filing for American Immigration benefits should note that it is NEVER a wise course of action to lie to immigration authorities or attempt to deceive the United States government or its officers. Even if one becomes a United States Citizen, then previous fraudulent activity during the visa process could result in possible de-naturalization and criminal charges.

It should further be noted that those seeking American visa benefits should consult a licensed attorney in an effort to gain insight into the immigration process as only an American attorney licensed and in good standing in at least one US state is entitled to provide advice, counsel, and/or possible representation before the United States Department of Homeland Security and the Department of State.

For related information please see: K1 visa Thailand or K1 Visa Singapore.

Tags: American Visa Singapore, American Visa Thailand, DHS, DOS, ICE, Immigration and Customs Enforcement, Immigration Fraud, K-1 Visa, K-1 Visa Singapore, K-1 Visa Thailand, K1 Visa, K1 Visa Singapore, K1 Visa Thailand, Marriage Fraud, Sham Marriage, US Visa, US Visa Singapore, US Visa Thailand, USCBP, USCIS, USICE, visa fraud
Posted in American Institute Taiwan, CR1 Visa, Department of Homeland Security, Fiance Visa Thailand, I-601 Waiver, IR1 Visa, J1 visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, 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, USCBP, USCIS, USICE | No Comments »

For those who frequently read this web log will undoubtedly note that a frequent topic discussed within these pages is Comprehensive Immigration Reform. In a recent document promulgated by the Congressional Research Service and distributed by the American Immigration Lawyers Association (AILA), the matter of legal inadmissibility was discussed in the context of Comprehensive Immigration Reform. The following is a direct quotation from the document published by the Congressional Research Service (CRS) and distributed by AILA:

Legislation aimed at comprehensive immigration reform may take a fresh look at the grounds for excluding foreign nationals that were enacted in the 1990s. All foreign nationals seeking visas must undergo admissibility reviews performed by U.S. Department of State (DOS) consular officers abroad. These reviews are intended to ensure that they are not ineligible for visas or admission under the grounds for inadmissibility spelled out in the INA. These criteria are: health related grounds; criminal history; security and terrorist concerns; public charge (e.g., indigence); seeking to work without proper labor certification; illegal entrants and immigration law violations; ineligible for citizenship; and, aliens previously removed. Over the past year, Congress incrementally revised the grounds for inadmissibility. Two laws enacted in the 110th Congress altered longstanding policies on exclusion of aliens due to membership in organizations deemed terrorist.

Terrorism has been a key concern for American government officials across the entire spectrum of agencies associated with Immigration and travel to the United States. Public health and safety are also significant issues for American Immigration and Consular Officers. To quote the aforementioned publication further:

The 110th Congress also revisited the health-related grounds of inadmissibility for those who were diagnosed with HIV/AIDS. More recently, the “H1N1 swine flu” outbreak focused the spotlight on inadmissibility screenings at the border. Questions about the public charge ground of inadmissibility arose in the context of Medicaid and the state Children’s Health Insurance Program (CHIP) in the 111th Congress.

Influenza has been concerning to many health officials in recent years. However, for many the removal of HIV/AIDS from the list of diseases which can result in a finding of inadmissibility was a relief as many individuals who were previously inadmissible to the USA may have immediately become admissible after HIV/AIDS was no longer a legal grounds for finding someone inadmissible to the USA. This issue was especially acute in the LGBT community as HIV and AIDS issues seem to have a disproportionate impact upon individuals and couples within that community. The report went on to note that issues pertaining to legal inadmissibility are likely to be discussed in the context of proposed Comprehensive Immigration Reform legislation:

While advocacy of sweeping changes to the grounds for inadmissibility has not emerged, proponents of comprehensive immigration reform might seek to ease a few of these provisions as part of the legislative proposals. The provision that makes an alien who is unlawfully present in the United States for longer than 180 days inadmissible, for example, might be waived as part of a legislative package that includes legalization provisions. Tightening up the grounds for inadmissibility, conversely, might be part of the legislative agenda among those who support more restrictive immigration reform policies.

Many people are found inadmissible to the United States every year. Among those found inadmissible are those who are unable to seek a remedy in the form of either an I-601 waiver or an I-212 waiver application for advance permission to reenter the USA. Individuals who have been found inadmissible and cannot seek a waiver are colloquially referred to as being unwaivably excluded from the United States. Bearing this in mind, many findings of legal inadmissibility can be remedied through use of a waiver. That said, the waiver process and the standard of proof for obtaining a waiver can be difficult to overcome. For this reason, many bi-national couples opt to utilize the services of an American immigration attorney to assist in matters related to United States Immigration. It is always prudent to ask for the credentials of anyone claiming expertise in United States Immigration law as only a licensed American attorney is permitted to provide advice, counsel, and representation in pending matters before the United States Citizenship and Immigration Service (USCIS), the Department of Homeland Security (DHS), and the American State Department.

For related information please see: US Visa Denial.

Tags: American Immigration Attorney, American State Department, American Visa Denial, American Visa Denied, HIV Waiver, I-212, I-212 waiver, I-601, I-601 Waiver, I212, I212 waiver, I601, I601 Waiver, Inadmissibility, Legal Grounds of Excludability, legal grounds of inadmissibility, lgbt immigration, lgbt visa, United States Citizenship and Immigration Service, United States Visa Denied, unwaivably excluded, US Immigration, US Immigration AIDS, US Immigration HIV, US State Department, US Visa, US Visa AIDS, us visa denial, US Visa Denied, US Visa HIV, USCIS, Waiver
Posted in American Institute Taiwan, Comprehensive Immigration Reform, CR1 Visa, Department of Homeland Security, E1 visa, E2 Visa, EB5 Visa, F1 Visa Thailand, Fiance Visa Thailand, I-601 Waiver, IR1 Visa, J1 visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, lgbt immigration, same sex visa, 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 Tourist Visa, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In an interesting recent decision by the United States Circuit Court of Appeals for the 8th Circuit the Court found that they indeed have the prerogative to review and rescind an I-130 denial. The following is a direct quotation from the Court’s opinion which was distributed by the American Immigration Lawyers Association (AILA):

In addition, interpreting the statutory language as the government advocates would force this court to classify every decision involving fact-finding by the Attorney General as discretionary and would remove all such decisions from judicial review. That is not a reasonable interpretation in light of the provisions of the Immigration and Nationality Act itself setting forth our standard of review for factual determinations in removal proceedings.

As one could likely gather from the above cited quote, the United States government’s position regarding denial of I-130 petitions basically could have created a situation in which Courts would not be able to review the decisions made by adjudicators at the United States Citizenship and Immigration Service (USCIS). It was interesting that the Court was not persuaded by this argument and reviewed the decision notwithstanding government objection.

For those who are unaccustomed to the US visa process, the I-130 petition is generally the first step in bringing an alien immediate relative to the USA. This petition is often utilized by those wishing to bring a foreign spouse to the United States. In cases where the I-130 petition is approved, the case file is usually forwarded on to the United States National Visa Center (NVC) which is an agency under the jurisdiction of the American State Department. The NVC acts as a sort of clearinghouse for visa applications. Therefore a Vietnamese spouse will likely process his or her visa application at the United States Consulate in Ho Chi Minh City via the NVC. Meanwhile, a Thai spouse will likely process his or her visa application through the US Embassy in Bangkok by way of the National Visa Center. Chinese spouses may process through one of the many US Consulates in China or the US Embassy in Beijing. The same can be said for India as the US Missions in both countries have dramatically changes Consular Processing procedures to provide more convenient options to American visa seekers after NVC processing.

The issue of judicial review in matters pertaining to United States immigration is a complicated one. Therefore, differing aspects of the US visa process may be subject to varying levels of judicial review depending upon the circumstances of a given case. For this reason some bi-national couples opt to retain attorney assistance in processing visa petitions and applications as a licensed professional can provide significant insight into overall processing procedures and provide strategies for streamlining the visa process.

Fore related information please see: K1 Visa Thailand, IR1 Visa Thailand, or CR1 Visa Thailand.

Tags: American Immigration Denial, American Visa Denial, CR-1 Visa Thailand, CR1 Visa Thailand, I-130, I-130 USCIS, I130, Immigrant Visa, IR-1 Visa Thailand, IR1 Visa Thailand, K-1 Visa Thailand, K1 Visa Thailand, US Immigration Denial, us visa denial, US Visa Process, US Visa Processing, USCIS Appeal, USCIS Denial, visa denial
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 Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Those who read this blog on a regular basis will no doubt realize that when new information regarding Consular processing comes out this administration tries to post it in an effort to provide insight to those processing a visa application through the relevant Post. It recently came to this blogger’s attention that the United States Embassy in Manila, Philippines is changing their protocols for Immigrant visa processing. The following is a brief quotation from the official website of the US Embassy in Manila:

Effective December 1, 2010, various changes to immigrant visa services are as follows:

• Immigrant visa applicants whose appointments have not been scheduled through the National Visa Center (NVC) (i.e., immigrant visa petitions approved by the U.S. Citizenship and Immigrations Services Manila) may request a visa appointment by visiting the U.S. Embassy in Manila’s Visa Information and Appointment Service online at http://www.ustraveldocs.com/ph or by calling (632) 982-5555. The Visa Information and Appointment Service is open Monday through Friday, from 8:00 a.m. to 8:00 p.m. (Manila time), except on U.S. and Philippine holidays. Callers in the U.S. should call (214) 571-1600, from 7:00 p.m. to 7:00 a.m. (Eastern Standard Time). Callers are able to speak with an English-, Tagalog-, Ilocano- or Cebuano-speaking operator.
• Visa Information and Appointment Service representatives can provide information on visa appointment-related inquiries only. Inquiries on a specific case may be directed to the Immigrant Visa (IV) Unit by e-mail at [email protected] or by fax at (632) 301-2591. Petitioners and applicants may also call the IV Inquiry line at (632) 301-2000, extension 5184 or 5185 during normal business hours.
• Immigrant visa applicants who have been scheduled by the NVC for a visa appointment at the Embassy are required to visit the online appointment website to register their delivery address.
• K visa applicants who have been notified by the Embassy to prepare for their interview, must pay the visa application fee of $350 before they can request a visa appointment via the online appointment website or the Visa Call Center
  

It should be noted that the above quotation does not encompass all of the information provided upon the official website. Those interested in obtaining further information are encouraged to correspond directly with either an American immigration attorney or the US Embassy in the Philippines.

The Consular Processing phase is usually the last phase of the US visa process for those with immigrant intent. Although in certain cases, a 221g refusal may be issued if the adjudicating Consular Officer feels that further documentation is required to process an application. Furthermore, a visa application may be denied if it is found that a legal grounds of inadmissibility exists in a given case. Under such circumstances, it may be possible to remedy the denial through use of an I-601 waiver of inadmissibility.

In American family based visa cases, the Immigrant Visa Unit of a US Consulate abroad is responsible for the adjudication of a visa application for those seeking a K1 visa, K3 visa, CR-1 visa, or an IR-1 visa.  Those seeking a non-immigrant visa such as a B1 visa (US Business Visa), B2 visa (US Tourist Visa), F1 visa (US Student Visa), or J1 visa (Cultural Exchange Visa) must interview with an adjudicator at the Non-immigrant visa unit of the Post with Consular jurisdiction to adjudicate a visa application.

For related information please see: US Embassy Philippines.

Tags: 221(g) refusal, 221g, 221g denial, American Visa Philippines, B-1 Visa, B-2 Visa, B1 visa, B2 Visa, Consular Processing, CR-1 Visa, CR1 Visa, CR1 Visa Philippines, CR1 Visa Process, F-1 Visa, F1 Visa, I-601 Waiver, I-601 waiver Philippines, Immigrant Visa Unit US Embassy Philippines, IR-1 Visa, IR1 Visa, IR1 Visa Philippines, IR1 Visa Process, J-1 visa, J1 visa, K-1 Visa, K-3 Visa, K1 Visa, K1 Visa Philippines, K1 Visa Process, K3 Visa, K3 Visa Philippines, K3 Visa Process, US Business Visa, US Consulate Manila, US consulate Philippines, US Embassy Manila, US Embassy Philippines, US Exchange Visitor Visa, US Student Visa, US Tourist Visa, US Visa Philippines, USA Visa Philippines
Posted in CR1 Visa, I-601 Waiver, IR1 Visa, J1 visa, K1 Visa, K2 Visa, K3 Visa, US Embassy Manila, US Embassy Philippines, US State Department, US Tourist Visa, US Visa, US Visa and Immigration, USCIS, Visa Waiver | No Comments »