Integrity Legal

As regular readers will likely note, we try to provide relevant and useful information to those interested in obtaining a US family visa from abroad. Below are the processing times for the United States Citizenship and Immigration Service (USCIS) Centers which process Immigrant and non-immigrant family based petitions for visas such as the K1 visa, the K3 Visa, the CR1 Visa, and the IR-1 Visa. The following processing time estimates for the California Service Center were quoted directly from the USCIS website:

As USCIS has two service centers which handle Family based Immigration adjudications it is fitting to post both both sets of processing time estimates. The following processing time estimates for the California Service Center were quoted
directly from the USCIS website:

If a family based petition is adjudicated and approved by USCIS, then it will be forwarded to the National Visa Center in New Hampshire where it will be processed and sent to the the US Embassy or US Consulate with appropriate jurisdiction. For further information about US Family Immigration generally please see: US Marriage Visa.

Tags: advance parole, CR1 Visa, E2 Visa, Fiance Visa, I-131, IR1 Visa, K1 Visa, K3 Visa, L1 Visa, National Visa Center, Spouse Visa, US Marriage Visa
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

This blog is dedicated to providing relevant information for those with pending Immigration petitions before the United States Citizenship and Immigration Service (USCIS). With that in mind, it is particularly important to provide relevant information to military personnel who have a spouse or loved one processing through the American Immigration system. This author recently discovered that USCIS has posted a set for frequently asked questions  (and their answers) regarding the US Immigration process for military personnel and their families. Below is a list of Questions and Answers promulgated by USCIS and distributed by the American Immigration Lawyers Association (AILA):

Questions and Answers for Members of the Military

U.S. Citizenship and Immigration Services (USCIS) offers immigration services and resources specifically for members of the U.S. Armed Forces and their families who are stationed in the United States and abroad. USCIS established a military assistance team to ensure that the military community receives quick and secure access to accurate information. Below is a list of answers to frequently asked questions received by our military assistance team.

Adjustments

Q. What is the fee for the Application for Naturalization (Form N-400) filed by spouses of military members?

A. The filing fee for the Application for Naturalization (Form N-400) is $675 ($595 plus a biometrics fee of $80). Individuals who submit FD-258 Fingerprint Cards directly to USCIS with their applications are not required to pay the biometrics fee. Applicants filing from within the United States should submit a single check or money order of $675 made payable to Department of Homeland Security or U.S. Citizenship and Immigration Services.

Q. I am a military member stationed abroad with my dependents. Can my dependents have their naturalization interviews conducted overseas?

A. Yes. Certain spouses or children of service members residing abroad with that service member (as authorized by official orders) may be eligible to become naturalized citizens without having to travel to the United States for any part of the naturalization process. Please see “Fact Sheet: Requirements for Naturalization Abroad by Spouses of Members of the U.S. Armed Forces” and “Overseas Naturalization Eligibility for Certain Children of U.S. Armed Forces Members” on www.uscis.gov/military for more information.

If you have an appointment for a naturalization interview and you have transferred overseas, contact USCIS by calling the Military Help Line by telephone: 1-877-CIS-4MIL (1-877-247-4645) or email: [email protected] and request to have your case transferred to your nearest USCIS overseas office.

Submitting Biometrics

Q. I am an active duty military member and am required to submit biometrics at a USCIS Application Support Center (ASC). Do I need an appointment?

A. No. Active duty military members do not need an appointment and will be accepted on a walk-in basis at any ASC in the United States. You should bring your military ID with you to the ASC.

Q. Can I submit fingerprints before I file the Application for Naturalization (Form N-400)?

A. Yes. You may submit fingerprints even if you have not yet submitted an Application for Naturalization.

Q. Where can military members or dependents that are living abroad go to have the fingerprints taken?

A. Military members and dependents stationed abroad can submit 2 properly completed FD-258 Fingerprint Cards taken by the Military Police, Department of Homeland Security officials or U.S. Embassy or Consulate officials.

Q. If my military installation does not use FD-258, can I submit another type of fingerprint document instead?

A. FD-258 is the preferred document used to submit fingerprint, however USCIS may be able to accept a comparable document, such as the Department of Defense SF-87, in place of the FD-258. Please contact the USCIS Military Help Line at 1-877-CIS-4MIL (1-877-247-4645) for more information.

General Information
Q. What are the criteria to have an application or petition expedited for military personnel?

A. USCIS reviews all expedite requests on a case-by-case basis. Some examples of situations that may
qualify for expedited processing include:
• Pending military deployment
• Extreme emergent situation
• Humanitarian situation
Please contact your local USCIS office or the USCIS Military Help Line at 1 877 CIS 4MIL (1-877-
247-4645) for more information.

Q. I am an active duty military member stationed abroad. How do I check the status of my application?

A. You can check their status of any application by clicking on the “Check My Case Status” link on the right-hand side of this page. Note: when checking the status of an I-751, you must use the receipt number from the ASC appointment notice. You may also call the USCIS Military Help Line at 1-877-CIS-4MIL (1-877-247-4645).

It is admirable that USCIS took the time to provide this information to those serving in the American military. Many feel that one of the positive aspects of the US immigration system is the care and attention provided to members of the Armed Services and their families.

For information about Immigration options for Thai spouses and Fiances of US Citizens please see: US Marriage Visa or Fiance Visa Thailand.

Tags: American Immigration, American Visa, Fiance Visa Thailand, Immigration US Military, US Immigration, US Marriage Visa, US Visa, USCIS Frequently Asked Questions
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

This blog routinely discusses issues and news relevant to US Immigration. In a recent announcement from the Office of Public Engagement, within the United States Citizenship and Immigration Service (USCIS), it was noted that a new Director has been named to oversee the activities of the California Service Center. The following is a copy of the announcement directly quoted from the American Immigration Lawyers Association (AILA) website:

Dear Stakeholders,

USCIS Director Alejandro Mayorkas has appointed Rosemary Langley Melville, currently the Acting Regional Director in the Southeast Region, as the new California Service Center (CSC) Director. Ms. Melville will assume her new responsibilities in late August.

Effective Monday, July 12th Barbara Velarde, Deputy Associate Director for Service Center Operations, assumed the role of Acting Director of the CSC with Phoenix District Director John Kramar as the Acting Deputy Director. We look forward to working together as we continue to address areas of common interest.

The California Service Center plays an integral part in US Family Visa cases as it processes a large number of visa petitions each year. For those living in certain Western US States the California Service Center is most often the processing point for K1 visa applications as well as the I-129f petitions submitted in connection with the K3 Visa category.

Those seeking traditional US Marriage Visa benefits may also have their petition processed by the California Service Center. When an I-130 petition (used by those seeking the CR1 and/or IR1 visa) is submitted to USCIS, the Lockbox Facility will usually forward the petition to either the California Service Center or its counterpart, the USCIS Service Center in Vermont. USCIS adjudicates the merits of the petition and assuming there is an approval in the case the file will be forwarded to the Department of State’s National Visa Center where it will either be quickly forwarded to the proper US Consulate or US Embassy (as is the case in the K1 visa process or the K3 visa process) or the NVC will hold the petition and begin the process of accumulating relevant documentation. After necessary documents are compiled the whole file will be forwarded to the Consular Post with appropriate jurisdiction.

If a visa application is denied by the US Consulate then the file will be sent back to USCIS for revocation. Under certain circumstances, a petitioner may challenge a USCIS revocation.

For further information regarding recent developments pertaining to Consular Processing and USCIS revocation please see: US visa denial.

Tags: United States Citizenship and Immigration Servioce, US Embassy, US Family Visa, US Marriage Visa, US Visa, us visa denial, USCIS, USCIS California Service Center
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, National Visa Center, News, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | 2 Comments »

K1 visas are a topic frequently discussed on this web log as they are a rather popular travel document for those American Citizens who have a foreign fiancee living outside of the United States of America. That said, in a recently filed complaint before the Federal District Court of Oregon an American Citizen, Dzu Cong Tran, asked for declaratory and injunctive relief as well as a writ of mandamus in connection with his previously filed I-129f petition on behalf of his Vietnamese fiancee. To quote the opening of the complaint:

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND PETITION FOR WRIT OF MANDAMUS

Nearly three years ago, the former United States Citizenship and Immigration Services (“USCIS”) Ombudsman Mr. Prakash Khatri issued recommendations to Department of Homeland Security (“DHS”) and USCIS regarding necessary changes to the standards and
processes for re-adjudication of petitions returned by consular offices for revocation or revalidation, due to systemic nationwide failures of the system. Two years ago, Jonathan R. Scharfen, former Acting Director of USCIS under the Bush Administration responded to the USCIS Ombudsman’s recommendations, implementing only some of those recommendations and specifically rejecting others. This class action lawsuit involves some of the recommendations of the USCIS Ombudsman which were rejected by defendants, in addition to other issues.

Through the contradictory and unlawful practices of each defendant agency, plaintiff and class members have been aggrieved by agency action and inaction, have suffered agency action unlawfully withheld and unreasonably delayed, have been subjected to arbitrary, capricious and unlawful denials and file transfers, have been deprived of due process of law and had visa issuance and petition approval denied or unreasonably withheld contrary to constitutional right, contrary to procedure required by law, and contrary to the limitations of statutory jurisdiction and authority. Thousands of families across the country and around the
world have been separated due to a colossal sparring match between the defendant agencies, and because of internal dissent within each agency.

Specifically, Plaintiff Dzu Cong Tran, on behalf of himself and all others similarly situated, challenges (a) defendant U.S. State Department’s (State Department’s) policies and procedures for processing and returning approved petitions to defendant U.S.
Citizenship and Immigration Services (USCIS) with a recommendation that the petition be revoked; and (b) defendant USCIS’ policies and procedures for revoking, denying or terminating petitions returned to it by defendant State Department. Plaintiff respectfully petitions this Court for injunctive, declaratory and mandamus relief to: (a) compel State Department to schedule a
visa interview within a reasonable period from the date that State Department’s National Visa Center receives an approved I-129F petition for fiancé(e) from USCIS; (b) compel State Department to issue a K-1 visa to the fiancé(e) of a U.S. citizen or notify the petitioner and beneficiary that the petition will be returned to DHS/USCIS within reasonable period following interview; (c) compel State Department to provide a reasonable period during which a petitioner and beneficiary may rebut consular findings before the petition is returned to DHS/USCIS; (d) compel State Department to return petitions to DHS/USCIS only where substantial evidence
exists that fraud, misrepresentation, or ineligibility would lead to denial, and not where it is merely suspected; and to provide a written notice supported by the legal and factual basis for the visa denial and petition return that are not conclusive, speculative, equivocal or irrelevant; (e)compel State Department to render a final decision to approve the K-1 visa or return a petition to
DHS/USCIS within a reasonable period not to exceed 30 days from the receipt of all necessary documents from the petitioner and beneficiary, and to accomplish delivery of the petition to State Department’s National Visa Center within such period; (f) declare that 8 C.F.R. § 214.2(k)(5), which purports to limit the validity of a K-1 fiancé(e) petition (Form I-129F) to four months, is ultra vires and in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (g) following such declaration, enjoin DHS/USCIS from limiting the validity period of any approved fiancé(e) petition; (h) declare that the Foreign Affairs Manual, at 9 FAM 40.63 N10.1, which purports to establish the materiality of an alleged misrepresentation pursuant to 8 U.S.C. 1182(a)(6)(C)(i), INA 212(a)(6)(C)(i), merely based upon DHS/USCIS summary revocation of the petition is ultra vires and in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (i) issue a permanent injunction barring the State Department from placing a marker, called a “P6C1” marker, or “quasi-refusal” in a visa beneficiary’s record, and deeming the DHS/USCIS revocation of the petition as automatically establishing the permanent misrepresentation bar to any future immigration possibility; (j) compel DHS/USCIS to issue a notice to petitioner within a reasonable period of time not to exceed 30 days from receipt of the returned petition from the State Department, providing petitioner with the legal and factual basis for the consular recommendation that is not conclusive, speculative, equivocal or irrelevant; (k) compel DHS/USCIS to provide petitioner the opportunity to submit evidence to rebut the consular recommendation within a reasonable period of time; (l) compel DHS/USCIS, in the case of a reaffirmation of approval, to deliver the reaffirmed petition to the State Department within a reasonable period of time, and compel State Department to issue the K-1 visa within a reasonable period of time following reaffirmation; (m) compel DHS/USCIS, in the case of a denial, to issue a decision within a reasonable period of time, and to advise petitioner of the right to appeal the decision to the Administrative Appeals Office.

The United States of America’s immigration apparatus is complex and multifaceted. This is due to the fact that two Departments have a role in the Immigration process and within each of those Departments there are multiple government agencies with different roles at differing phases of the process. For example, the United States Citizenship and Immigration Service (USCIS) and the United States Customs and Border Protection Service (USCBP), respectively, have jurisdiction over adjudication of visa petitions and inspection of aliens upon admission to the United States. In the interim, the Department of State, through the National Visa Center and each US Embassy or US Consulate abroad, is tasked with adjudicating visa applications and making determinations regarding an individual applicant’s admissibility to the USA. In the vast majority of cases involving a US visa denial the applicant will be provided written notice of the denial along with factual and legal reasons for the denial. Amongst many other things, the aforementioned complaint alleged that the:

State Department issued the [visa] denial based on mere suspicion and failed to provide a written notice supported by the legal and factual basis for the visa denial and petition return that was not conclusive, speculative, equivocal or irrelevant.

When a US visa application is denied, the Consular Officer issuing the denial should provide a written notice of denial based upon findings of fact and conclusions of law. The complaint, in essence, would seem to be alleging that the Officer at the US Consulate in HCMC did not provide a legally sufficient basis for denial.  Of further interest within the complaint was the following allegation:

State Department, in its denial, stated that, “[i]f USCIS revokes the petition, beneficiary will become ineligible for a visa under section 212(a)(6)(C)(i) of the Act.” INA 212(a)(6)(C)(i), 8 U.S.C. 1182(a)(6)(C)(i), is a permanent bar to admissibility for misrepresentation. Pursuant to the Foreign Affairs Manual, 9 FAM 40.63 N10.1, State Department placed a marker, called a “P6C1” marker, or “quasi-refusal” in Ms. Pham’s records, and will deem USCIS revocation of the petition as automatically establishing the permanent misrepresentation bar to any future immigration possibility.

This is an interesting phenomenon. As the US Immigration system becomes more sophisticated Department of State refusals seem to be evermore problematic for those who may later seek admission to the United States. For example, in another post on this blog it was noted that those with a previously issued 221(g) denial from a US Embassy or US Consulate may be denied benefits under the visa waiver program pursuant regulations related to the Electronic System For Travel Authorization (ESTA). As ESTA is under the jurisdiction of the USCBP and since that agency considers 221g refusals to be denials, while the Department of State continues to refer to them as refusals, the issuance of 221g could lead to an otherwise admissible individual being deemed inadmissible to the United States. This author has never personally dealt with a situation in which a Consular Officer has denied a US visa without a factual or legal basis. Hopefully, this case will help ascertain the exact nature of visa refusals at Consulates and Embassies overseas. Bearing that in mind, the decision in a case such as this could have major ramifications upon Consular Processing procedures at virtually every US Consular Post abroad.

For further information related to the US fiance visa please see: K1 visa.

Tags: ESTA, K1 Visa, K1 Visa Denial, US Consulate, US Embassy, us visa denial, USCBP, USCIS, Visa Waiver Program, writ of mandamus
Posted in Department of Homeland Security, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, National Visa Center, US Consulate ChengDu, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, USCBP, USCIS | 4 Comments »

In a recent announcement from the American Department of State it was revealed that those agencies tasked with issuing US visas are to add security features to American travel documents issued to foreign nationals. To quote the announcement as posted on the American Immigration Lawyers Association (AILA) website:

This public notice announces an amendment to the Biometric Visa Program. Section 303 of the Enhanced Border Security and Visa Entry Reform Act of 2002 has required, since October 26, 2004, that all visas issued by the Department must be machine-readable and tamper-resistant and use biometric identifiers. In consultation with the Department of Homeland Security (DHS) and the Department of Justice (DOJ), the Department determined that fingerprints and a photo image should be required as biometric identifiers. When the biometric visa program began, available technology allowed for the efficient capture and comparisons of only two fingerscans. As a result of technological improvements, the Department instituted a ten fingerscan standard to raise the accuracy rate in matching fingerscans and enhanced our ability to detect and thwart persons who are eligible for visas.

As implied above, the Department of States is not the only American agency which will have a role in creating more effective security enhancements for American visas. The Department of Homeland Security will also play a part in this important endeavor. To further quote the announcement posted on the AILA website:

In establishing the Biometric Visa Program, the Department coordinated closely with the Department of Homeland Security (DHS). The Biometric Visa Program is a partner program to the DHS US-VISIT Program that is in effect at U.S. ports of entry and that uses the same biometric identifiers. By coordinating these two programs, the two departments have ensured the integrity of the U.S. visa. This is accomplished by sending the fingerscans and photos of visa applicants to DHS databases. When a person to whom a visa has been issued arrives at a port of entry, his or her photo is retrieved from a database and projected on the computer screen of the Customs and Border Protection officer. The person’s fingerscans are compared to the fingerscans in the database to ensure that the person presenting the visa is the same as the person to whom the visa was issued.

The new security features are likely be used for visa categories such as the K1 visa, the K3 Visa, and the common US Family Immigrant visas (CR1 Visa, IR1 visa) not to mention the non-immigrant visa categories such as the B1 visa and the B2 visa. That said, it seems unlikely that this will have an adverse impact upon those who seek a US visa in compliance with relevant US law.

Although the full-scale implementation of this program has yet to take effect, there are many who feel that more effective security measures will help ensure that there will be less fraud perpetrated against the United States government by foreign nationals wishing to illegally enter the USA.

For further information specifically related to US Consular Processing in Thailand please see: US Embassy Thailand.

Tags: B1 visa, B2 Visa, Consular Processing, CR1 Visa, Fiance Visa, IR1 Visa, K1 Visa, K3 Visa, us embassy thailand, US Visa
Posted in CR1 Visa, Department of Homeland Security, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Consulate ChengDu, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Tourist Visa, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »

Those American Immigrants who remain outside of the United States for prolonged periods are strongly advised to either obtain a Re-Entry Permit or make certain that their absences from the United States comport with their lawful status in the USA. That said, in those cases where a lawful permanent resident has been overseas for a long period of time and wishes to go back to the United States for purposes of reestablishing their residence they may opt to apply for an SB-1 Returning Resident Visa.

Recently the Department of State announced changes to the Foreign Affairs Manual’s guidelines for issuance of SB-1 visas the following is a direct quote from the aforementioned announcement made available by AILA:

9 FAM 42.22 Notes has been updated to provide guidance on the processing of applications for special immigrant Returning Resident (SB) visas for lawful permanent resident (LPR) aliens who were unable to return to the United States within the validity of their I‐551 Permanent Resident Card or reentry permit. The guidance covers where applicants are able to file their DS‐117 Application to Determine Returning Resident Status, how post should process such applications, and new procedures for the creation of a permanent refusal record for denied DS‐117 applications.

Returning Residents must have their case re-adjudicated by a Consular Officer prior to returning to the USA to take up residence. The announcement went on to further note:

You [the Consular Officer] must conduct a personal interview with the applicant to determine whether the application for Returning Resident status is approvable…If you determine that the applicant has provided sufficient justification and evidence in accordance with 9 FAM 42.22 N1.1‐7, then you must obtain supervisory approval from a consular manager, mark form DS‐117 as approved, open a case in Immigrant Visa Overseas (IVO), and scan in the approved form DS‐117 and supporting documents…If the application is denied, you should enter [redacted] scanned copies of form DS‐117 and all supporting documents, and also enter notes supporting the denial decision.

As this author has stated repeatedly on this blog, those who may be outside of the United States of America for a period lasting longer than 6 months are well advised to apply for, and hopefully obtain, a US reentry permit. This travel document would allow the lawful permanent resident to remain abroad for up to two years without raising the presumption of residential abandonment. That said, there are always extenuating circumstances where an individual was unable to obtain a reentry permit and thereby placed their lawful status in jeopardy. For these individuals, an SB-1 visa may be the necessary travel document to reestablish lawful status.

For further reading about Consular Processing at the US Embassy in Bangkok please see: US Embassy Thailand.

Tags: FAM, Foreign Affairs Manual, Lawful Permanent Residence, Returning Resident Travel Document, Returning Resident Visa, SB-1 Visa, US reentry permit
Posted in US Consulate ChengDu, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »

This blog primarily reports upon issues revolving around US Family Visas. With that in mind the following announcement was made in a press release from the United States Department of Homeland Security’s Citizenship and Immigration Service (USCIS) Ombudsman, this quote is provided by the American Immigration Lawyers Association (AILA):

During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2A preference category). In FY 2009, approximately 10,000 family-based visas were unused and, by statute, were reallocated for use by employment-based immigrants in FY 2010.

It is interesting to note the relative lack of interest in Family based visas under preference category F-2A because, in this author’s experience, there is little decline in the demand for spouse and family based visas for the immediate relatives of American Citizens. That said, there seems to have been a slight decrease in demand for the K1 visa in Thailand, but this is likely attributable to the recent unrest in the city of Bangkok.

For those readers who are unaware, United States Citizens may petition for their foreign fiancee to travel to the USA on a K1 Fiance Visa. After arrival the fiancee must marry the American petitioner within 90 days of entry and subsequently file an application for adjustment of status. Those American Citizens with a spouse overseas may petition for a US Marriage Visa. There are multiple marriage visa categories although the once popular K3 Visa is no longer being processed by the National Visa Center where the underlying visa petition arrives contemporaneously or before the K3 visa application.

For those who are not United States Citizens, a K1 visa is not available for the fiancees of Lawful Permanent Residents. Furthermore, the spouse of a Lawful Permanent Resident is not given high priority compared to the spouse of a US Citizen. This preference has existed for a relatively long period of time. There are those who argue for “rolling over” the balance of preference petitions in order to provide a chance for later applicants to enjoy the higher relative priority. That being said, current Immigration policy favors employment petitions if there is are any unused visa numbers in the aforementioned family based category.

Some speculate that Comprehensive Immigration Reform will have a dramatic impact upon the overall Immigration system, but for now the current system remains and those seeking a family based visa in the F-2a category would be wise to file sooner rather than later.

Tags: American Visa, F-2A, Fiance Visa, K1 Visa, Preference Petition, US Visa, USA Visa
Posted in Department of Homeland Security, 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 Visa and Immigration, USCIS | No Comments »

Marriage Fraud as well as Immigration Fraud are a serious issues in the eyes of those agencies tasked with the job of adjudicating visa petitions and enforcing American law with regard to admission to the United States. With that in mind, it should be noted that domestically the United States Immigration and Customs Enforcement Service (USICE) has jurisdiction to enforce immigration regulations as well as decisions issued by Immigration courts. The following is a direct quote from a recently promulgated press release from the Immigration and Customs Enforcement Service:

LOUISVILLE, Ky. – A U.S. citizen, who was paid to engage in a phony marriage with a Cambodian national to evade immigration laws, pleaded guilty Tuesday in federal court. The guilty plea resulted from an investigation by U.S. Immigration and Customs Enforcement (ICE). Justin Michael Martin, 25, of Georgetown, Ky., pleaded guilty June 22 in the Western District of Kentucky
to conspiracy to commit marriage fraud and marriage fraud. Martin admitted that between Jan. 1, 2000 and April 7, 2010, he knowingly reached an agreement with Yota Em, Phearoun Peter Em, aka Sophea Lim, and Michael Chanthou Chin to knowingly enter into a marriage to evade U.S. immigration laws. Martin admitted that Phearoun Peter Em drove Martin to a U.S.
Post Office in Lexington to apply for a U.S. passport, and that Phearoun Peter Em paid the passport
application fee. On June 17, 2004, Michael Chanthou Chin drove Martin and others to the Louisville airport. In exchange for a fee, Martin, Phearoun Peter Em, and others traveled from Kentucky to Cambodia. Once in Cambodia, Martin met with Cambodian national Yota Em and agreed to marry her to evade the immigration laws of the United States.

Photographs were taken of Martin and Yota Em during an engagement ceremony on June 25, 2004, and at other locations in Cambodia. While in Cambodia, members of the conspiracy paid for Martin’s lodging, food, transportation, sexual services from a Cambodian female, and other expenses.
On June 27, 2004, Martin returned to the United States and was met at the airport by Michael Chanthou Chin. Thereafter, certain immigration forms were completed by Martin and Yota Em, which falsely represented the marriage as genuine. On Sept. 27, 2005, Yota Em entered the United States using a K-1 (fiancée) visa. On March 5, 2007, Yota Em and Martin participated in a civil marriage ceremony in Lexington, knowing that the marriage was not entered into in good faith, was in exchange for something of value, and that the purpose of the marriage ceremony was to enable Yota Em to obtain U.S. permanent resident status in the United States. Phearoun Peter Em and Michael Chanthou Chin served as witnesses at the civil marriage ceremony.

Martin and Yota Em subsequently participated in a marriage interview with immigration officials in Louisville and falsely claimed that they married in good faith. Phearoun Peter Em acted as an interpreter for Yota Em. On June 30, 2009, Martin and Yota Em were divorced. The marriage between Martin and Yota Em was fraudulent and was entered into solely to evade U.S. immigration laws. Martin admitted that he was paid about $7,000 for participating in the marriage fraud scheme.
Defendant Yota Em is currently a fugitive. Anyone with information about her whereabouts should call 1-866-DHS-2ICE. The maximum potential penalties for Martin are 10 years’ imprisonment, a $500,000 fine, and supervised release for a period of six years.

Assistant U.S. Attorney Ann Claire Phillips, Western District of Kentucky, is prosecuting the case. For more information, visit www.ice.gov.

It is unfortunate to see this type of fraud occurring as it makes it increasingly difficult for bona fide couples to receive immigration benefits due to the fact that the American government must expend resources in an effort to catch fraudulent visa petitions and applications. As time and resources are spent investigating visa fraud, the overall visa process for all applicants could slow down. That said, Officers of the United States government should be commended for their diligence in apprehending the individuals involved in the conspiracy noted above. Fraud Prevention is a serious issue that must be dealt with in order to forestall an erosion of the integrity of the US Immigration system.

In recent weeks it has been announced that fees associated with the K1 visa and the K3 Visa are increasing. There is speculation that the funds derived from the increase in fees will be used to combat immigration fraud on a wider scale as the fee is being increased by the Department of State for those applications filed at a US Consulate or US Embassy abroad. Many feel that the funds will likely be used to increase the resources available to each Fraud Prevention Unit attached to US Missions overseas. Hopefully, by increasing resources available to Fraud Prevention Units outside of the USA, there will be fewer people entering the United States illegally based upon sham relationships.

Tags: Conspiracy to Commit Marriage Fraud, Department of Homeland Security, DHS, Fiance Visa Fraud, Fraud Prevention, Fraud Prevention Unit, ICE, Immigration and Customs Enforcement, Marriage Fraud, Marriage Visa Fraud, Sham Marriage, US Consulate, US Embassy, US Immigration, US Immigration Fraud, US Visa, US Visa Cambodia, US Visa Fraud, USICE
Posted in Department of Homeland Security, K1 Visa, K3 Visa, US Consulate ChengDu, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, USICE | 1 Comment »

This blog routinely discusses interesting issues associated with American Immigration and US Embassies and Consulates overseas. That being said, in a recent press release from the American State Department it was noted that Officers at the US Embassy in China are opening their facilities in order to assist in processing the extremely large number of visa applications made by Chinese nationals who are seeking admission to the United States. The following is a direct quote from the aforementioned press release:

The U.S. Embassy in Beijing, along with four U.S. consulates general across China, is opening on Saturdays over the next few weeks to accommodate thousands of Chinese travelers seeking visas to visit the United States.

Trade, commerce, people-to-people exchanges, and tourism between China and the United States have grown dramatically over the past couple years. In 2009, U.S. consulates in China issued more than 487,000 visas to Chinese travelers. Sixty-six percent of these visas were for business and tourism. Growth in 2010 has been even more dramatic. China’s 2010 visa load is up 28 percent over the same period last year.

“We’re excited about the extraordinary growth in visa demand in China and what it means for our countries’ deepening economic and interpersonal relationship,” said Janice Jacobs, Assistant Secretary of State for Consular Affairs. “We expect this trend to continue and are actively increasing staffing in our Embassy and consulates. We also introduced new technologies to improve our efficiency while providing more convenient procedures for applicants.”

“While we’re pleased about increased Chinese interest in traveling to the United States, we are not pleased by the increased wait times for a visa appointment,” observed U.S. Ambassador to China Jon Huntsman, Jr. “We applaud the efforts of our Consular staff and the Bureau of Consular Affairs to think creatively and boost resources to help clear the backlog. I witnessed our team’s dedication when I visited the Consular Section last week.”

This author applauds the efforts of the US Embassies and Consulates in China. The attitude taken toward the backlog of pending applications in China is similar to the attitude taken by the US Embassy in Bangkok regarding the backlog arising from recent unrest in the city. In Thailand, this author is pleased to have been witness to the exceptionally diligent efforts of the Consular Officers and support staff at the US Consulate in Bangkok as they cleared a rather large caseload which arose as a result of the extended closure of the Post due to the protests that broke out in the district in which the Post is located.

Although the US Immigration process can be rather cumbersome, it is nice to see that officers in the Department of State are taking active measures to creatively and efficiently deal with what could be viewed by others as an overwhelming work load.

Tags: American Consulate Chendu, American Consulate Guangzhou, American Consulate Shanghai, American Consulate Shenyang, American Consulate Wuhan, American Embassy Beijing, American Embassy China, US Consulate, US Consulate ChengDu, US Consulate China, US Consulate Guangzhou, US Embassy, US Embassy Beijing, US Embassy China, US Visa
Posted in US Consulate ChengDu, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate Shanghai, US Consulate Shenyang, US Consulate Wuhan, us embassy bangkok, US Embassy Beijing, US Embassy China, US Embassy Thailand, US Tourist Visa, US Visa, US Visa and Immigration | No Comments »

On this blog we often discuss issues associated with US passports and US Immigration. Recently, this author discovered that the Department of State (DOS) is seeking comments regarding a proposed rule change which would alter the way in which DOS collects information prior to American passport issuance. The following excerpts are taken from the American Immigration Lawyers Association (AILA) website. To quote one page from the AILA website:

The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995….

Abstract of proposed collection:

The information collected on the DS-3053 is used to facilitate the issuance of passports to U.S. citizens and nationals under the age of 16. The primary purpose of soliciting the information is to ensure that both parents and/or all guardians consent to the issuance of a passport to a minor under age 16, except where one parent has sole custody or there are exigent or special family circumstances.

Methodology:

Passport Services collects information from U.S. citizens and non- citizen nationals when they complete and submit the Statement of Consent or Special Circumstances: Issuance of a Passport to a Minor under Age 16. Passport applicants can either download the DS-3053 from the Internet or obtain one from an Acceptance Facility/Passport Agency. The form must be completed, signed, and submitted along with the applicant’s DS-11, Application for a U.S. Passport…

Clearly the Department of State wishes to use the DS-3053 in order to collect what they deem to be the necessary information before issuing a passport to a minor child. The public policy reasons for this change of rules is somewhat obvious as the Department is likely concerned about improper issuance of a US passport to minor.

To quote another page on the AILA website:

60-Day Notice of Proposed Information Collection: Form DS-5504, Application for a U.S. Passport: Name Change, Data Correction, and Limited Passport Book Replacement, OMB Control Number 1405-0160…

The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995…

We are soliciting public comments to permit the Department to:

Evaluate whether the proposed information collection is necessary for the proper performance of our functions…

The information collected on the DS-5504 is used to facilitate the re-issuance of passports to U.S. citizens and nationals when (a) the passport holder’s name has changed within the first year of the issuance of the passport; (b) the passport holder needs correction of descriptive information on the data page of the passport; or (c) the passport holder wishes to obtain a fully valid passport after obtaining a full-fee passport with a limited validity of two years or less. The primary purpose of soliciting the information is to establish citizenship, identity, and entitlement of the applicant to the U.S. passport or related service, and to properly administer and enforce the laws pertaining to the issuance thereof…

In this instance, it would seem that the Department of State is primarily concerned with collecting necessary data so as to issue US passports only to those individuals who are legally entitled to such travel documents. US Citizenship has many benefits that are not accorded to Non-US Citizens. Therefore, those issuing US passports must take appropriate measures to ensure that US passports are not issued to individuals who are not legally entitled to such status. With laws such as the Child Citizenship Act, these measures are likely to become more necessary as individuals are deriving their US Citizenship in different way compared to Americans in previous generations.

For those interested in obtaining a US Passport in Thailand or information about visa services please see: American Citizen Services or US Embassy Thailand.

Tags: American Citizen Services, American State Department, Child Citizenship Act, Department of State, DOS, DS-3053, DS-5504, State Department, us embassy thailand, US Immigration, us passport, US passports, US State Department
Posted in Extradition, Upcoming Legislation, US Citizenship, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Bangladesh, US Embassy Burma, US Embassy Cambodia, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Warrants | No Comments »