Integrity Legal

Although the topic of K-3 visa applications and “administrative closure” by the United States National Visa Center has been a highly discussed topic in recent postings on this web log it is important to note as it can have a tremendous impact upon the K3 visa process. The K3 visa process is often researched by those United States Citizens wishing to obtain a US Marriage Visa for their Malaysian husband or wife. Although the term “K3 visa” has been used colloquially to describe an American spousal visa on the internet, this is not really the classic method of obtaining marriage visa benefits for the spouse of an American. In reality, submitting the petition to obtain CR1 Visa and/or the IR1 Visa benefits has historically been the commonly followed route to bringing a spouse to the USA.

At one time, the United States Citizenship and Immigration Service (USCIS) had such a substantial backlog of marriage visa petitions that the United States Congress and President William Jefferson Clinton enacted legislation commonly referred to as the “Life Act” in an effort to create, among other things, an expedited marriage visa. As a result, the K3 visa category was promulgated. The K4 visa is a derivative visa category intended to be utilized by the children of a K3 visa holder, it is somewhat similar to the K2 visa in the context of the K1 visa process. Approximately ten years after the creation of the K3 visa, USCIS no longer had the processing backlog it once had for marriage visa petitions. This lead to a situation where the National Visa Center was receiving Immigrant visa applications before or with the supplemental K3 application. It would seem that a decision was made to “administratively close” K3 visa applications where the Immigrant visa application arrived before or with the supplemental application. The reason for this policy would seem to be that the K3 visa’s utility is rather negated if the Immigrant visa petition has already been adjudicated.

Those thinking about bringing their Malaysian husband or wife to the USA are well advised to conduct research in an effort to make an informed decision about which type of benefits best suit the needs of the parties. It should also be noted that only a licensed American attorney is qualified to provide US Immigration advice or represent clients before the Department of Homeland Security or its constituent agencies such as USCIS, USCBP, or USICE pursuant to the United States Federal Code. Therefore, those thinking of retaining professional assistance for the immigration process are well advised to check the credentials of anyone claiming expertise in American immigration matters.

For related information please see: K1 Visa Malaysia or K3 Visa Malaysia.

Tags: American Attorney, American Marriage Visa Malaysia, American Visa Malaysia, CR-1 Visa Malaysia, CR1 Visa, CR1 Visa Malaysia, IR-1 Visa, IR-1 Visa Malaysia, IR1 Visa, IR1 Visa Malaysia, K-1 Visa Malaysia, K-2 Visa, K-2 Visa Malaysia, K-3 Visa Malaysia, K-4 visa, K-4 Visa Malaysia, K1 Visa Malaysia, K2 Visa, K2 Visa Malaysia, K3 Visa, K3 Visa Malaysia, K4 Visa, K4 Visa Malaysia, US Marriage Visa, Us Marriage Visa Malaysia, US Visa Malaysia
Posted in CR1 Visa, Department of Homeland Security, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, National Visa Center, US Embassy Kuala Lumpur, US Embassy Malaysia, US State Department, US Visa, US Visa and Immigration, USCBP, USCIS, USICE | No Comments »

Those who have read some of the blog will no doubt note that this administration often posts information about the K3 visa process and the overall impact of administrative closing of K3 visa applications by the US State Department’s National Visa Center. Many American Citizens who have a Laotian husband or wife pose the question: “Can I get a K3 visa for my wife (or husband) to reunite with me in the USA?” The answer to this question, at the time of this writing, is a rather qualified: no. However, a brief overview of the K3 visa and the recent changes to the K3 visa process may enlighten those who are researching this issue on their own for the first time.

At one time, the United States Citizenship and Immigration Service (USCIS) had a substantial backlog of immigrant spouse visa petitions. This lead to a situation in which it could take as long as 3 years to receive USCIS adjudication of a mere immigrant spousal visa petition filed by an American Citizen. Due to this rather untenable situation, the United States Congress and President William Jefferson Clinton promulgated and executed a piece of legislation commonly referred to as the “Life Act”. Under the provisions of the Life Act, the K3 visa category and the K4 visa category were created (The K4 visa is a derivative visa for the children of foreign spouses similar to the derivative K2 visa which can be “piggybacked” onto a K1 visa application). At the time, the K3 visa was greeted by many as a severely needed stopgap solution to a rather pernicious problem: slow processing of classic immigrant visa petitions. In recent years, the USCIS has gone to great lengths to streamline the adjudication process and thereby decrease the time it takes to see an immigrant spouse visa petition adjudicated. As a result, many adjudicated immigrant visa petitions began arriving at the National Visa Center at the same time as their K3 counterparts. At one point, it would appear that a decision was made to “administratively close” K3 visa applications when the Immigrant petition arrives either before or at the same time as the K3 petition. This leads to a situation where American-Lao bi-national couples are compelled to seek immigrant visa benefits rather than K3 visa benefits. It should be noted that immigrant visa benefits are substantially superior to K3 visa benefits as immigrant visas confer lawful permanent residence upon the bearer at the time of his or her entry into the United States. Whereas the K3 visa is simply a non-immigrant spouse visa. Therefore, those entering the USA in K3 status must either file for an adjustment of status or Consular Process their immigrant visa petition at a US Embassy or US Consulate outside of the USA.

The term “K3 visa” has sort of become the buzzword used to refer to a US Marriage Visa over the internet. In point of fact, the classic travel documents used by Lao spouses to reunite with their American counterparts are referred to as either the CR1 Visa or the IR1 Visa. Depending upon a bi-national couple’s circumstances such travel documents may confer either conditional or unconditional lawful permanent residence upon admission to the USA.

For related information please see: K1 Visa Laos or K3 Visa Laos.

Tags: administrative closing, Administrative Closure, American Consulate Laos, American Embassy Laos, American Marriage Visa, American Marriage Visa Laos, CR-1 Visa Laos, CR1 Visa Laos, Fiance Visa Laos, IR-1 Visa Laos, IR1 Visa Laos, K-1 Visa Laos, K-3 Visa Laos, K1 Visa Laos, K3 Visa Laos, National Visa Center, NVC, United States Citizenship and Immigration Service, Us Consulate Laos, US Embassy Laos, US Marriage Visa, US Marriage Visa Laos, USCIS
Posted in Adjustment of Status, CR1 Visa, IR1 Visa, K1 Visa, K3 Visa, US Embassy Laos, US State Department, US Visa, US Visa and Immigration, USCIS | No Comments »

This blog frequently discusses American Immigration matters in a country-specific context in order to provide insight to those researching US Immigration issues for the first time. Some are not aware that in 2010 the United States National Visa Center (an agency under the jurisdiction of the US Department of State) promulgated the policy that K3 visa applications would be “administratively closed” if the underlying immigrant visa petition arrived at NVC prior to, or at the same time as, the K3 Visa petition.Those researching this issue for the first time may find a brief overview of the K3 visa’s history insightful as this may shed light upon the possible reasoning behind the “administrative closure” policy.

At one time, there was a rather large backlog of Immigrant spouse visa petitions (petitions for visas now classified as either a CR1 Visa or an IR1 Visa) at the United States Citizenship and Immigration Service (USCIS). Therefore, the United States Congress and President William Jefferson Clinton promulgated and executed legislation colloquially referred to as the “Life Act”. This statute effectively created the visa category known as the K-3 (for derivative dependents the visa category is a K-4 which is similar to the K-2 derivative visa associated with a K1 visa or fiance visa). Since the creation of the K-3 visa, the USCIS has cut down their backlog to the point where immigrant visa petitions are being adjudicated within a matter of months. As a result, there was a rather brief period of time in which USCIS was adjudicating immigrant visa petitions faster that K3 visa petitions. In any case, once USCIS has made their adjudication, such petitions are then sent to the NVC where they are the forwarded on to the US Mission, US Embassy, or US Consulate with appropriate jurisdiction for Consular Processing. At some point, a decision was made to “administratively close” K3 visa applications when the underlying immigrant visa petition arrives at NVC before, or contemporaneously with, the immigrant visa petition. In practical terms, this means that if the adjudicated immigrant visa petition arrives at NVC before the K3 petition, the K3 will be effectively set aside and the bi-national couple will be compelled to proceed with the immigrant visa process.

In a way, this policy makes some sense as the K3 visa’s utility is somewhat negated by the contemporaneous processing of an immigrant visa. As a result, at the time of this writing, there are many who feel that the K3 visa is not a particularly viable option for those Americans wishing to bring their Taiwanese husband or wife to the USA. It should be noted that the K3 visa was always a non-immigrant visa meaning that it did not confer lawful permanent residence upon the bearer when admitted to the USA. Those arriving in the USA on a K3 could choose to either consular process their immigrant visa application or file for adjustment of status in the USA.

For related information please see:  K1 Visa Taiwan or US Marriage Visa.

Tags: Adjustment of Status, American Immigration Taiwan, American Institute Taiwan, Department of State, Fiance Visa Taiwan, K-1 Visa Taiwan, K-3 Visa Taiwan, K1 Visa Taiwan, K3 Visa Taiwan, National Visa Center, US Immigration Taiwan, US Marriage Visa, US Marriage Visa Taiwan, US MArriage Visa Taiwanese Wife, US Visa Taiwan, USA Visa Taiwan
Posted in Adjustment of Status, CR1 Visa, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, National Visa Center, US State Department, US Visa, US Visa and Immigration, USCIS | No Comments »

A common question on the lips of many American Citizens with a Burmese husband or wife is: “Can I get my Burmese husband (or wife) a US K3 marriage visa?” In the past, this question would likely have received an unqualified: yes. However, recent changes to the K3 visa process have resulted in the effective end of broad K-3 marriage visa issuance due to the American State Department’s National Visa Center and their policy of “administrative closure” for many K3 visa applications.

To understand the K3 visa process one must first understand why the K3 visa was invented. It was designed to act as a sort of expedited travel document for spouses of American Citizens at a time when the backlog for adjudication of classic Immigrant spouse visa petitions at the United States Citizenship and Immigration Service (USCIS) was running quite high. In fact, there was a time when bi-national Burmese-American couples could wait as long as 3 years just to see their I-130 petition adjudicated (this does not take into account National Visa Center processing and Consular Processing of pending visa applications). Due to the aforementioned backlog, Congress and the US President enacted the so-called “Life Act” which, among other things, created the K-3 visa category. The K3 visa petition sort of “piggybacks” onto an underlying spouse visa petition and can only be filed after an initial Immigrant visa petition is filed.

In 2010, the National Visa Center announced that they would “administratively close” K3 visa applications when the underlying Immigrant visa petition arrived before, or at the same time as, the K-3 petition. It would seem that this policy is based upon the premise that the K-3′s utility is negated when USCIS has already adjudicated the Immigrant visa petition. Bearing this in mind, it should be noted that the Immigrant spouse visas (also known as the CR1 Visa or the IR1 Visa, depending upon the circumstances of the couple seeking the visa benefits) confer Lawful Permanent Residence upon the visa holder when admitted to the USA at a port of entry. A K3 visa holder is admitted as a non-immigrant, but the entrant retains the option of either adjusting status in the USA or applying for their immigrant visa at a US Embassy or US Consulate abroad. In any case, the K-3 visa, although slightly faster from an initial processing standpoint, does not grant superior benefits to the foreign spouse upon entry compared to the Immigrant visa categories. Therefore, those currently researching American spousal immigration are wise to delve into information regarding the CR1 or IR1 visas.

Fore related information please see: K3 Visa Burma or K1 Visa Burma.

Tags: administrative closing, Administrative Closure, administratively close, American Visa Burma, American Visa Myanmar, K1 Visa Burma, K1 Visa Myanmar, K1 Visa Process, K3 Visa Burma, K3 Visa Myanmar, K3 Visa Process, National Visa Center, United States Citizenship and Immigration Service, US Immigration Burma, US Immigration Myanmar, US Marriage Visa Burma, US Marriage Visa Myanmar, US Visa Burma, US Visa Myanmar, USCIS
Posted in Adjustment of Status, CR1 Visa, K3 Visa, National Visa Center, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Yangon, US State Department, US Visa, US Visa and Immigration, 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 have noticed that administrative closure of K3 visa applications has been a topic of discussion since the Department of State’s National Visa Center (NVC) announced that K3 visa applications would be administratively closed if the underlying I-130 petition arrives at NVC prior to, or at the same as, the supplemental I-129f petition. Those who conduct research about the US visa process over the internet may have noticed that the buzzword used to describe a US Marriage Visa is: K3 visa. However, the K3 Visa is not the classic travel document used to bring a Vietnamese spouse to the United States of America. This is due to the fact that in the relatively recent past the only travel document available to the foreign spouse of a US Citizen, based upon the marriage alone, was either an IR-1 visa or a CR1 Visa both of which are only available to those filing an Immigrant visa petition.

The K-3 visa category’s creation was the result of a piece of legislation commonly referred to as the “Life Act”. This bill was promulgated by the United States Congress and signed into law by President William Jefferson Clinton. At that time, the United States Citizenship and Immigration Service (USCIS) was processing Immigrant spouse visa petitions quite slowly due to a rather significant backlog of such petitions. The K-3 was designed to alleviate some of this backlog as well as reunite bi-national married couples as quickly as possible in the USA.

Recently, the USCIS has been processing Immigrant spouse petitions in a much more efficient manner. This has lead to many approved Immigrant petitions reaching the National Visa Center (NVC) at the same time or before the supplemental petition used to seek K3 visa benefits. As a result, the NVC made the policy that K3 visa applications would be “administratively closed” if the CR1 or IR1 visa petition arrived at NVC prior to or at the same time as the K3 petition. This has effectively compelled bi-national Vietnamese-American couples to seek Immigrant visa benefits rather than non-immigrant K3 visa benefits. That said, the Immigrant visa really is a preferable visa category to the K-3 as those Vietnamese spouses of American Citizens entering the USA on an Immigrant visa are granted Lawful Permanent Residence (either CR-1 or IR-1 status depending upon the couple’s circumstances) upon admission to the United States at a Port of Entry. Those entering the USA on a K3 visa are not granted lawful permanent residence upon admission, but instead must file for adjustment of status in the USA which can be costly and rather time consuming. Therefore, some have argued that NVC’s administrative closure policy has actually lead to an overall streamlining of the US Marriage Visa process.

For related information please see: K3 Visa Vietnam or K1 Visa Vietnam.

Tags: administrative closing, Administrative Closure, American State Department, American Visa Vietnam, CR-1 Visa Vietnam, CR1 Visa Vietnam, Department of State, IR-1 Visa Vietnam, IR1 Visa Vietnam, K-1 Visa Vietnam, K-3 Visa Vietnam, K-4 Visa Vietnam, K1 Visa Vietnam, K3 Visa Application, K3 Visa Process, K3 Visa Vietnam, K4 Visa Vietnam, National Visa Center, US State Department, US Visa Vietnam, USA Visa Vietnam
Posted in CR1 Visa, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, National Visa Center, US Embassy Hanoi, US Embassy Vietnam, US State Department, US Visa, US Visa and Immigration | No Comments »

Although it has been written of often on this blog, the issue of section 214 (b) of the United States Immigration and Nationality Act and its impact upon the United States tourist visa process is one of concern to some abroad as few understand why its application can be somewhat unsympathetic when applied to applicants who have a boyfriend or girlfriend of American nationality or in Lawful Permanent Resident status in the United States of America.

Those seeking a US tourist visa must subject themselves to an interview prior to visa issuance (and visa issuance assumes application approval which is not a foregone conclusion). At the visa interview the Consular Officer will adjudicate the merits of a tourist visa application. Section 214(b) of the United States Immigration and Nationality Act compels Consular Officers to deny a tourist visa application (or any non-immigrant visa application that requires 214b analysis such as a J1 visa, an F1 visa, or a B1 visa to name just a few relevant categories) if the officer finds that the applicant cannot overcome the presumption of immigrant intent contained within the provisions of section 214b. This presumption creates a sort of “strong ties” vs. “weak ties” analysis which is utilized by those adjudicating non-immigrant applications. Therefore, those with strong ties to Malaysia (or another country abroad) and weak ties to the USA will be more likely to be granted a tourist visa compared to those in circumstances which mitigate in favor of the presumption of immigrant intent.

In the past, there were some who attempted to utilize the B2 visa (the categorical classification of the US Visitor Visa) as a means of circumventing the comparatively long processing time for visas such as the K1 visa or the CR1 visa. It should be noted that applying for a non-immigrant visa while maintaining immigrant intent could be construed as visa fraud particularly where the applicant is seeking a Visitor Visa which specifically is meant for those wishing to travel to the USA for a relatively short holiday.

Those wishing to bring a Malaysian loved one to the United States for the purpose of marriage are well advised to seek either a US fiance visa (K1 visa) or a US Marriage Visa (if the couple is already married the duration of the marriage may dictate if the Malaysian spouse is eligible for a CR1 Visa or an IR1 visa). A marriage or intended marriage should never be entered into as a pretext. Therefore, so-called marriages of convenience should not be the basis of a visa petition. Those seeking US family visa benefits are well advised to only seek visa benefits based upon a genuine bona fide relationship.

For related information please see: US Visa Lao Girlfriend of K1 Visa Malaysia.

Tags: 214(b), B-2 Visitor Visa, B1 visa, B2 Visa, B2 visa Malaysia, B2 Visitor Visa, CR1 Visa, Fiance Visa Malaysia, IR1 Visa, J1 Visa Malaysia, K1 Visa, K1 Visa Malaysia, Section 214(b), US Family Visa, US Fiance Visa, US Tourist Visa Malaysia, US Visitor Visa
Posted in CR1 Visa, IR1 Visa, J1 visa, K1 Visa, K2 Visa, US Embassy Kuala Lumpur, US Embassy Malaysia, US State Department, US Tourist Visa, US Visa, US Visa and Immigration | 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

[[Page 60847]]

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 »

Southeast Asia is a beautiful and  often visited part of the world. One of the lesser known, but highly enjoyable, destinations in Southeast Asia is the country of Laos. This small landlocked country north of the Kingdom of Thailand, the Kingdom of Cambodia, and South of the Peoples’ Republic of China has been a destination of choice for those seeking the adventure and natural beauty of tropical Asia. Some Americans who travel to Laos meet a special someone whom they wish to bring back to America. For these people, the first thing that comes to mind is: “Will my girlfriend (or boyfriend) need a US Visa?” In most cases, a visa will be necessary as the United states does not allow Laotians to come to America on the US Visa Waiver Program. Therefore, the next question for many is: “Can I get my Lao girlfriend (or boyfriend) a US Tourist Visa?” In most cases, the answer to this question is: no, but a deeper understanding of relevant immigration law may provide insight into the reason for possible denial.

Relatively few Americans are aware of a provision in the United States Immigration and Nationality Act called section 214(b). Under this section of the INA a Consular Officer adjudicating a non-immigrant visa application (like a B2 visa application, B2 is the official category for tourist visas) must presume that the applicant is an intending immigrant unless the applicant can provide strong evidence to the contrary. This creates a sort of “strong ties” vs. “weak ties” analysis whereby the Consular Officer will balance the applicant’s ties to the USA and Laos (or another country abroad). If the applicant can show strong ties to Laos and weak ties to the USA, then that applicant may be granted the tourist visa. However, in cases where a US Citizen is a significant other of the applicant such a relationship may have a negative impact upon the visa application as the relationship itself could be viewed as a “strong tie” to the USA. This should NOT be read as to imply that a relationship should not be disclosed as it is this author’s opinion that failure to disclose the existence of an American significant other could be construed as misrepresentation. That said, such a relationship could still have an adverse impact upon an applicant’s tourist visa application.

Those who wish to bring a Lao loved one back to the United states for the purposes of marriage and subsequent residence are well advised to seek either a US fiance visa (K1 visa) or a US Marriage Visa (CR1 Visa, IR1 Visa, or a K3 Visa although the K3 visa category has been effectively phased out by the National Visa Center in recent months).  That said, no one should ever enter into any type of relationship strictly as a pretext for obtaining a US Immigration benefit. Therefore, the relationship that acts as a basis for any visa application or petition ought to be bona fide and genuine.

For related information please see: US Visa Vietnamese Girlfriend or K1 Visa Laos.

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Posted in CR1 Visa, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, US Embassy Laos, US State Department, US Tourist Visa, US Visa, US Visa and Immigration | 1 Comment »

A frequently asked question among American expatriates and tourists overseas is: “Can I bring my foreign girlfriend with me to the United States on a Tourist visa?” In the context of Burma (Myanmar) some Americans may pose the question: “Can I bring my Burmese boyfriend or girlfriend to the United States on a Tourist Visa?” In many cases, the answer to either of these questions is a qualified: No. However, an in depth understanding of the statutory scheme underlying the Consular adjudication of visa applications can provide insight into the reasons for denial of these types of visas when sought by the significant others of United States Citizens or Lawful Permanent Residents.

Relatively few people (Americans included) are aware that United States Immigration law imposes a rather stringent statutory presumption that Consular Officers must adhere to when adjudicating non-immigrant visa applications. Under section 214(b) of the United States Immigration and Nationality Act a Consular Officer adjudicating a non-immigrant visa application abroad must refuse to issue the visa if the applicant cannot overcome the presumption that they are intending to immigrate to the United States of America. This creates a sort of “strong ties” vs. “weak ties” analysis whereby the Officer adjudicating the application can only grant the requested visa if the applicant can show sufficient “strong ties” to their home country and “weak ties” to the USA. This presumption is not easily overcome under the best of circumstances, but when an officer takes into account the fact that a non-immigrant visa applicant has an American boyfriend or girlfriend, the presumption could become virtually insurmountable without strong documentation in support of issuance.

Unfortunately, in the past there have been instances of couples attempting to utilize the US tourist visa for the purpose of circumventing the relatively long processing times associated with applying for US family immigration benefits. It should be noted that misrepresenting one’s intentions on a visa application could be construed as visa fraud by American authorities. A finding that fraud has occurred could result in civil and criminal sanctions for both the applicant and the American significant other.

Those couples wishing to obtain a family immigration benefit through use of an American fiance visa (K1 visa) or a spousal visa (K3 Visa in limited cases or a classic CR1 Visa or IR1 Visa in the vast majority of cases) should bear in mind that a visa petition should only be brought if the couple has a bona fide relationship. In short: a couple should not get married or file for a fiance visa if they do not have a bona fide relationship. A pretextual relationship, or so-called “marriage of convenience”, should not be used as a basis for submitting an application for a US visa.

For related information please see: US Visa Indonesian Girlfriend or K1 Visa Burma.

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Posted in CR1 Visa, IR1 Visa, J1 visa, K1 Visa, K3 Visa, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Yangon, US State Department, US Tourist Visa, US Visa, US Visa and Immigration | Comments Off