Integrity Legal

Frequently this author uses this blog to post accurate processing time estimates for the United States Citizenship and Immigration Service (USCIS) Centers in the United States. USCIS is a key agency tasked with adjudicating Immigration petitions prior to possible Consular adjudication at a US Embassy or US Consulate abroad.

The following was quoted from the USCIS website on June 18, 2010. These are the current processing time estimates for the USCIS service center in California:

The following are estimated processing times for the USCIS Service Center in Vermont:

Those interested in bringing a foreign loved one to the United States on a K1 visa, K3 Visa, CR1 visa, or IR visa are advised to remember that the above processing time estimates do not take into account special circumstances, Consular Processing, I-601 waiver adjudication, or I-212 waiver adjudication. Therefore, those interested in obtaining a US visa are wise to consult a US Immigration lawyer prior to making any decisions as different visa categories can process faster relative to other categories.

Due to recent unrest in the Kingdom of Thailand, those processing through that Consular Post may find that it takes a bit longer to get an appointment compared to more tranquil periods. However, it should be noted that the US Embassy in Thailand has diligently worked to clear the backlog caused by the recent Embassy closure and processing is getting back to a state of relative normality.

For further information please see: US Visa Thailand.

Tags: American Visa, Consular Processing, CR1 Visa, How Much Time Does it Take to Get a US Visa, I-212 waiver, I-601 Waiver, IR1 Visa, K1 Visa, K3 Visa, US Consulate, US Embassy, US Visa, US Visa Thailand, USCIS, USCIS Processing Time
Posted in CR1 Visa, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, US Consulate Chiang Mai, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | 30 Comments »

The Department of State (DOS) is a multifaceted government agency as it is tasked with handling American foreign relations as well as Consular Affairs. That said, an often overlooked aspect of the American State Department’s mandate is refugee assistance. Unfortunately, throughout the world, economic and political turbulence causes the displacement and migration of local populations. In a recent government press release Eric Schwartz, Assistant Secretary of State for Population, Refugees, and Migration, had this to say about DOS’s role in international population migration:

In my first 11 months on the job, many friends, colleagues and counterparts have asked me about the scope of the humanitarian work of the State Department’s Bureau of Population, Refugees and Migration (PRM), which I am honored to lead. For those of you who already know our Bureau well, this note may not be critical reading. For those who don’t, I thought I’d take some time to describe the Bureau and its priorities, and finish by introducing our new Front Office team. Within the Department of State, PRM serves as the principal humanitarian advisor to the Secretary of State, provides key leadership on population and migration issues, and manages two high-impact foreign assistance accounts that totaled over $1.7 billion in FY 2009. Our mandate is to provide protection and solutions to the world’s most vulnerable people: refugees, conflict victims, stateless persons, and vulnerable migrants, and to do so by integrating diplomacy, advocacy and humanitarian assistance programs. In this effort, we seek to help realize the commitments of President Obama and Secretary Clinton to alleviate human suffering and create the conditions for sustainable recovery, and to build a more effective multilateral system for humanitarian response.

It is interesting to note that many of the issues associated with refugee assistance can trace their roots to routine diplomatic issues which is why the Department of State is an ideal mechanism for providing assistance to refugee populations. To quote the aforementioned press release further:

Most of the humanitarian situations to which PRM responds are rooted in political or security challenges. For this reason, our access to foreign heads of government and other key foreign government decision-makers is critical, as it fosters the integration of humanitarian diplomacy within a full range of U.S. government assistance and protection programs, and leverages these programs to achieve critical humanitarian objectives. Over the past many months, I’ve pursued international humanitarian objectives in visits with a range of senior foreign leaders and officials, including with President Fernandez of the Dominican Republic on issues relating to the status of Haitians; the Prime Minister of Jordan and the Vice Foreign Minister of Syria on issues relating to Iraqi and Palestinian refugees; and the President, Defense Minister and Foreign Minister on conditions for internally displaced persons in Sri Lanka.

In this author’s opinion, assisting refugees and displaced individuals is a noble pursuit. Therefore, the efforts of DOS in this regard should be applauded as this type of activity ought to continue as countries around the world strive for greater international harmony.

For related information please see: US Visa Thailand or US Embassy Thailand.

Tags: American Department of State, American State Department, DOS, State Department, US Department of State, us embassy thailand, US Visa Thailand
Posted in News, 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 Visa and Immigration, US Visa Thailand | No Comments »

Frequently on this blog the author tries to post information that may be of relevance to future visa seekers. Below is a schedule of the holidays quoted from the website of the US Embassy in Dhaka, Bangladesh:

2010 Mission Holiday Schedule Following is the Holiday Schedule for 2010 that will be observed by all U.S. Government agencies in Bangladesh.

HOLIDAYS		DATES MISSION CLOSED
New Year’s Day	American	December 31, 2009	Thursday
Martin Luther King’s Birthday	American	January 17	Sunday+
Washington’s Birthday	American	February 14	Sunday+
Martyr’s Day (Int’l Language Day)	Bangladeshi	February 21	Sunday
Bengali New Year’s Day	Bangladeshi	April 14	Wednesday
Buddha Purnima#	Bangladeshi	May 27	Thursday#
Memorial Day	American	May 30	Sunday+
Independence Day	American	July 4	Sunday
Shab-e-Barat*	Bangladeshi	July 28	Wednesday*
Labor Day	American	September 5	Sunday+
Shab-e-Quadr*	Bangladeshi	September 7	Tuesday*
Eid-ul-Fitr*	Bangladeshi	September 12	Sunday*
Columbus Day	American	October 10	Sunday+
Durga Puja#	Bangladeshi	October 17	Sunday#
Veterans Day	American	November 11	Thursday
Eid-ul-Azha*	Bangladeshi	November 17 & 18	Wednesday* & Thursday
Thanksgiving Day	American	November 25	Thursday
Victory Day	Bangladeshi	December 16	Thursday
Christmas Day	American	December 26	Sunday+

Please note that, although the Bangladesh Government observes more Bangladeshi holidays than those noted above, only these will be observed for purposes of closing the Embassy.

Notes:		(*) Date subject to appearance of the moon.
		(#) Date subject to change as the religious pundits select an auspicious date based the zodiac,  position of star, moon or other celestial bodies.

(+) American holidays that normally fall on Friday, Saturday or Monday will be observed on the following or preceding workday, due to Sunday-Thursday work week in Bangladesh.

For those with business at any US Embassy or US Consulate overseas it is prudent to note that local events on the ground can have a tremendous impact upon US Embassies and Consulates as staff are generally not required to come to the Post and the Post will cease operation under special circumstances. Therefore, those who must travel to a US Embassy to visit American Citizen Services or the Visa Unit are well advised to call-ahead in order to be certain that the Post is open.

In Consular Processing matters,  Consular closures can delay the visa process. That said, those who still have a case pending with USCIS need to be less concerned with the Embassy’s holiday closing schedule and more immediately concerned with the current USCIS processing times. As the US Family Visa process is bifurcated it is wise to note that three major agencies are involved in the adjudication of US visa cases: USCIS, the National Visa Center, and the US Embassy with appropriate jurisdiction over the Beneficiary. Therefore, those seeking answers as to why the process is delayed would be wise to note which agency is currently in possession of the petition or application.

With regard to processing of certain visa categories, recent Department of State fee increases could have an effect upon the overall immigration process. This is of special importance for those seeking a K1 visa or a K3 Visa.

For further related information please see: US Visa Thailand or US fiance visa.

Tags: American Visa Bangladesh, Fiance Visa Bangladesh, K1 Visa, K1 Visa Bangladesh, K3 Visa, K3 Visa Bangladesh, US Consulate Bangladesh, US Consulate Dhaka, US Embassy Bangladesh, US Embassy Dhaka, US Embassy Dhaka Bangladesh, US Fiance Visa, US Visa Bangladesh, US Visa Thailand, USCIS
Posted in K1 Visa, K3 Visa, L1 Visa, US Embassy Bangladesh, US Embassy Dhaka, US Visa and Immigration, US Visa Thailand, USCIS | 8 Comments »

With the recently announced fee increases associated with K visa applications filed overseas, there are many who feel that serious thought should be given to the type of visa a couple should petition to obtain. In the past, many couples who were thinking of marriage opted to apply for a US fiance visa, also referred to as a K1 visa. That being said, it was recently announced that the application fee for all K visas sought overseas would be increased from $131 to $350. Apparently, the resources accrued are to be used in furtherance of fraud prevention measures as well as implementation of measures meant to streamline the overall visa process. As the fee increase was only recently announced, it remains to be seen how newly acquired fees will be used on the Consular level. With that in mind, it has also been recently announced that USCIS may be raising fees for Immigrant visa petitions. For those who are unfamiliar with this blog, it should be noted that for purposes of traveling to the USA, the K1 visa and the K3 Visa are considered to be immigrant visas even though they do not automatically confer lawful permanent residence to the bearer upon entry in the USA.

Those seeking a US visa would be prudent to seriously consider their options because the costs associated with the process of applying for and obtaining a CR1 visa or an IR1 visa may be lower in some cases when compared to the costs associated with the K1 visa process. When viewed from a long term perspective the CR1 visa, although more time consuming to obtain, confers lawful permanent residence to the bearer upon entry and thereby negates the necessity of adjustment of status which is necessary for those who travel to the US on a K1 visa with the intent to marry the Petitioner and remain in the USA permanently.

In most cases, those wishing to bring a spouse to the USA are wise to bear in mind the fact that K3 visa applications, once a popular travel document for bi-national married couples, are now being administratively closed by the National Visa Center if the underlying I-130 is approved prior to, or at the same time as, the I-129f application. This has lead to many instances of spouses being required by circumstance to process a CR1 or IR1 visa rather than a K3 visa because the NVC simply will not process the K3 application.

For those interested in further information about US Immigration please see: American Visa Thailand.

Tags: American Visa Thailand, CR1 Visa, CR1 Visa Thailand, IR1 Visa, IR1 Visa Thailand, K1 Visa, K1 Visa Costs, K1 Visa Fees, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Visa Costs, US Visa Fees, USCIS Costs, USCIS Fee hike, USCIS Fee Increase
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 Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, 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 Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS, Weird Law | No Comments »

A frequently discussed topic on this blog is the US Tourist Visa. The US Embassy Bangkok processes a significant number of US Tourist Visa applications each year. In the past, most non-immigrant visa applications required the submission of form DS-156. Recently, the US State Department announced that the DS-156 should no longer be used  by those seeking a US B2 Tourist Visa:

The new DS-160, Nonimmigrant Visa Electronic Application, is a fully integrated online application form that is used to collect the necessary application information from a person seeking a nonimmigrant visa. The DS-160 is submitted electronically to the Department of State via the Internet. Consular Officers use the information entered on the DS-160 to process the visa application and, combined with a personal interview, determine an applicant’s eligibility for a nonimmigrant visa.

Apparently, the DS-160 has been introduced in an effort to streamline the visa process for those seeking non-immigrant visas outside of the United States of America. To quote the above announcement further:

All U.S. Embassies and Consulates that process nonimmigrant visas now use the new online DS-160. Therefore, visa applicants will need to apply using the online DS-160 for most, but not all, nonimmigrant visa categories. Review the [State Department] FAQs for exceptions and to find out which nonimmigrant categories continue to use the DS-156 at this time.

There are many who worry that these recent changes will impact other types of applications. This worry seems to be most prevalently felt by those seeking K1 visa benefits or K3 Visa benefits for a foreign fiancee or spouse. That said, consultation with an American legal professional may be necessary in order to determine which forms should be used when filing for certain visa categories. As always, it should be noted that only a licensed American attorney is entitled to assist in American Immigration matters. That said, many find that applying for a US Tourist Visa does not require the assistance of an American lawyer as such assistance would likely add little value to such an application. However, many applicants for US family immigration benefits find that attorney assistance is beneficial.

It should be noted that many applicants find their application for a visa denied pursuant to the Consular Officer’s application of Section 214(b) of the United States Immigration and Nationality Act. Such a finding basically means that the applicant was unable to show requisite “strong ties” to their home country and “weak ties” to the United States. Those seeking a visa to the USA should be advised that if immigration is the ultimate goal, then a tourist visa is not the proper travel document. Even if a visa application is approved by a US Consulate overseas, the foreign national could still be placed in expedited removal proceeding upon arrival at the port of entry in the USA if the Customs and Border Protection officers have reason to believe that the applicant is an undisclosed intending immigrant attempting to enter the USA.

Tags: American Department of State, American State Department, Customs and Border Protection, DOS, DS-156, DS-160, expedited removal, K1 Visa, K3 Visa, US Department of State, us embassy bangkok, us embassy thailand, US Tourist Visa, US Tourist Visa Thailand, USCBP
Posted in K1 Visa, K2 Visa, K3 Visa, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, 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 Tourist Visa, US Visa and Immigration, USCBP | 1 Comment »

A frequent topic on this blog is same sex marriage and the intersection of that issue with US Immigration law. Currently, the Defense of Marriage Act (DOMA) effectively prevents Federal recognition of Same Sex Marriages when adjudicating US Immigration petitions. Therefore, different sex couples who are validly married in a jurisdiction in the United States can petition for Immigration benefits if one of the partners is foreign national. This is not the case for same sex couples as same sex partners are currently barred from obtaining US Immigration benefits based upon a bona fide same sex marriage. This issue is being widely discussed in US Immigration circles. An example of this discussion can be found in the most recent edition of The Voice, a publication promulgated by the American Immigration Lawyers Association (AILA). The following is an excerpt from a recent article discussing LGBT immigration issues:

“At present, gay and lesbian marriages are recognized in 10 countries. The Netherlands, Belgium, Spain, Canada, South Africa, Norway, and Sweden recognize marriage equality uniformly throughout their territories.5 Same-sex marriages
also are recognized in some parts of Argentina and Mexico.6 However, DOMA closes the door to same-sex marriage recognition under any federal law, including the Immigration and Nationality Act (INA). So for those couples who have united legally in one of the many countries stated above, DOMA would keep federal immigration laws from legally recognizing those unions upon their immigration to the United States.

Many courts have found that the language of DOMA is clear and unambiguous. But can DOMA be struck down? In addition to suits filed in Massachusetts,8 at least one other high-profile case in California, Perry v. Schwarzenegger, D.Ct.N.D.Cal. case 3:2009cv02292 (filed May 22, 2009), is currently challenging the constitutionality of discrimination against same-sex marriages more generally. If such a case were successful, it might lead courts to strike down DOMA and all anti-gay state marriage amendments, presumably resulting in the clear recognition of all bona fide same sex marriages in the United States.”

Although there are many legal obstacles in the path of equal Immigration rights for same sex couples, there may be a light at the end of the tunnel as a repeal of DOMA would create an opening that could be exploited by advocates for same ex immigration. To quote the aforementioned article:

“In a world without DOMA, U.S. immigration law would clearly recognize the same-sex marriage of a couple residing in a U.S. state that recognizes the marriage. It is also highly likely that the marriages would be recognized for residents of other states with no laws prohibiting same-sex marriage.”

Although repeal of DOMA may not be a perfect legal solution from an Immigration standpoint, a repeal of DOMA in conjunction with the adoption of a statute such as the Uniting American Families Act (UAFA) would likely be an optimal solution to the current legal impasse.

For more information please see: Same Sex Visa.

Tags: AILA, American Visa, American Visa Same Sex Couple, Defense of Marriage Act, DOMA, lgbt immigration, Same Sex Marriage, same sex us visa, same sex visa, The Voice, uafa, Uniting American Families Act, US Immigration, US Immigration Law, Us Visa Same Sex Partner
Posted in lgbt immigration, same sex visa, US Visa and Immigration | No Comments »

In previous postings on this blog, we have discussed the naturalization process and the various ways in which individuals can become Citizens of the United States of America. Many believe, erroneously, that once a person is naturalized to US Citizenship, they cannot lose their citizenship. Unfortunately for some, this is not necessarily the case. US law provides for denaturalization under certain circumstances. Generally, denaturalization only occurs in siutuations where the applicant for naturalization was dishonest in their application for US Citizenship. The following is a quote from a recent presss release promulgated by the American Justice Department:

A former member of the Bosnian Serb Army has left the United States to return to Serbia after a federal judge ordered his denaturalization based on concealment during his application for U.S. citizenship that he served in the military during the Bosnian war, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division, U.S. Attorney Brian Albritton of the Middle District of Florida and Assistant Secretary John Morton of U.S. Immigration and Customs Enforcement (ICE).

Jadranko Gostic, 47 , a former resident of St. Petersburg, Fla., departed the United States on June 1 , 2010. U.S. District Court Judge James Moody in Tampa, Fla., ordered his denaturalization on May 26, 2010. Gostic was indicted in December 2006 on one count of unlawful procurement of citizenship and one count of making false statements. In January 2010, a civil complaint was filed against Gostic alleging illegal procurement of U.S. citizenship and requesting his denaturalization. Court documents allege that Gostic served in the Zvornik Infantry Brigade of the Bosnian Serb Army from April 1992 until December 1995. According to court documents, international tribunals have found that some units of the Zvornik Brigade engaged in war crimes and crimes against humanity , and that they participated in the July 1995 action against the Srebrenica enclave during which some 8,000 Muslim men and boys were executed.

Gostic entered the United States in 1999, received lawful permanent residence status in 2002 and was naturalized in 2004. According to court documents, at each stage of the immigration and naturalization process Gostic concealed his service in the Zvornik Brigade, even when specifically asked about his prior military service.

Gostic agreed to admit to the allegations against him, to be denaturalized, to surrender his lawful permanent resident status and to depart the United States. Gostic fulfilled the requirements of this agreement and departed the United States. As a result of his cooperation, the criminal charges against Gostic will be dismissed.

This case was investigated by the ICE Tampa Special-Agent-in-Charge Office and was prosecuted by Senior Trial Attorney William Kenety in the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and Assistant U.S. Attorney Donald Hansen of the U.S. Attorney’s Office for the Middle District of Florida.

The Criminal Division announced the formation of HRSP on March 30, 2010, as part of the U.S. government’s efforts to bring human rights violators to justice and deny those violators safe haven in the United States. The new section represents a merger of the Criminal Division’s Domestic Security Section (DSS) and the Office of Special Investigations (OSI).

As can be gathered from the above press release, Denaturalization proceedings are not taken lightly by the American government nor is it a matter that is taken lightly by the US Courts. That said, in certain situations, denaturalization is warranted if the naturalized American’s actions require the implementation of such a measure. This is one more prime example of why honesty is the best policy when it comes to US Immigration as dishonesty can “unravel” one’s lawful status in the United States, even if that status is US Citizenship.

For related information please see:  US Visa Thailand or Child Citizenship Act.

Tags: Child Citizenship Act, denaturalization, Justice Department, Naturalization, US Citizenship, US Citizenship by Naturalization, US Visa Thailand
Posted in US Citizenship, US Visa and Immigration, US Visa Thailand | No Comments »

For those who read this blog on a regular basis a common theme is that of LGBT immigration rights. US Immigration law, under current regulations including the Defense of Marriage Act (DOMA), dictates that Same-Sex Bi-National Couples are legally precluded from receiving US Immigration benefits based upon a legally solemnized same sex marriage, civil partnership, or civil union. That said, in recent years, Congressional Representatives such as Jerry Nadler have introduced legislation, often referred to as the Uniting American Families Act or simply UAFA, that would provide a means of applying for Immigration benefits for same-sex “permanent partners.” In previous blog posts, this author has discussed Comprehensive Immigration Reform and how changes in American Immigration law may, or may not, change the current rules in order to allow bi-national same sex partners to apply for family immigration benefits. In a previous blog post, we discussed recently proposed Comprehensive Immigration Reform legislation introduced by Illinois Representative Luis Gutierrez and how said draft legislation did not include provisions for same sex immigration benefits. On that note, the following was posted on the WashingtonBlade.com:

An influential pro-immigrant U.S. House member has endorsed including protections for LGBT bi-national couples as part of comprehensive immigration reform legislation. In a statement Thursday, Rep. Luiz Gutierrez (D-Ill.) said inclusion of language allowing LGBT Americans to sponsor foreign partners for residency in the United States is an important part of a broader reform bill. “Our efforts to fix our broken immigration system and protect basic civil rights are not truly comprehensive if we exclude same-sex couples,” he said. Standalone legislation that would enable an estimated 36,000 bi-national same-sex couples to stay together in the United States is known as the Uniting American Families Act. Proponents of the legislation have been seeking inclusion of UAFA as part of upcoming comprehensive immigration reform legislation in Congress. Gutierrez is schueduled to announce officially his support for inclusion of UAFA on Monday at a press conference in Chicago, Ill. Joining him at the conference will be Rep. Mike Quigley (D-Ill.) and gay Rep. Jared Polis (D-Colo.), who also support inclusion of LGBT couples in immigration reform. Late last year, Gutierrez introduced his own version of comprehensive immigration reform legislation that was seen an alternative to the working bill expected later. However, even though Gutierrez is a co-sponsor of UAFA, the legislation didn’t include UAFA-like language. According to the statement from Gutierrez’ office, the lawmaker’s recent announcement means he’s “recommitting himself” to inclusion of specific UAFA-like language as part of comprehensive reform…

In the previous post in which this proposed Comprehensive Immigration Reform (CIR) legislation was discussed this author found it unfortunate that LGBT Immigration issues were not mentioned in the provisions of the draft legislation. That said, this author is happy to see that the issue of Same-Sex and LGBT Immigration rights is being discussed within the context of CIR. Should it come to pass, Comprehensive Immigration Reform will likely represent one of the most important changes to Federal Immigration law in, at least, the past 25 years. With this in mind, the fact that LGBT Immigration is currently being discussed within the context of CIR at least hints at the possibility that US Immigration law will be modified in order to grant benefits to those couples who, at the time of this writing, cannot be re-united in the United States in the same manner as so-called “different-sex” couples.

For further related information please see: US Visa Thailand, K1 visa, same sex visa or same sex marriage.

Tags: CIR, Comprehensive Immigration Reform, Defense of Marriage Act, different-sex Immigration, different-sex marriage, DOMA, Jerry Nadler, K1 Visa, lgbt immigration, lgbt visa, Same Sex Marriage, same sex visa, uafa, Uniting American Families Act, US Immigration Law, US Visa Thailand
Posted in Comprehensive Immigration Reform, K1 Visa, lgbt immigration, News, same sex visa, US Visa and Immigration, US Visa Thailand | No Comments »

For those who bring a foreign fiance or fiancee to the United States of America, an often asked question is: “What if my fiancee wants to work in the USA prior to her adjustment of status?” The answer to this question is somewhat complicated. When a foreign fiancee or spouse enters the United States on a non-immigrant K1 visa or K3 Visa, the entrant is generally not authorized to take up employment in the USA until that alien either adjusts status to permanent residence (Green Card) or obtains employment authorization. Recently, the United States Citizenship and Immigration Service (USCIS) announced that, in an effort to decrease immigration fraud, new Employment Authorization Documents are to be issued. The following is a direct quote from USCIS’s official statement:

U.S. Citizenship and Immigration Services (USCIS) today announced that it has revised the Employment Authorization Document (EAD), or Form I-766, to incorporate the addition of a machine-readable zone on the back of the card.. This update to the EAD is part of USCIS’s ongoing efforts to deter immigration fraud. Starting May 11, USCIS began issuing the revised EAD cards. The machine-readable zone is compliant with International Civil Aviation Organization standards. USCIS also removed the two-dimensional bar code on the backside of the card and moved the informational box of text to just beneath the magnetic stripe on the card. The revised card retains all of its existing security features.

In most cases, foreign fiancees or spouses of US Citizens opt to wait for permanent residence before taking up employment. However, in some instances this is not the case as there are increasing numbers of foreign fiancees and spouses who work for multi-national companies. These international businesses sometimes wish to have their non-US Citizen employee start work in the USA as soon as they can. Therefore, there are situations in which speedy employment authorization is a necessity.

In the past, K3 Visa holders could seek employment authorization at the port of entry when they entered the USA. As the K-3 Visa is being increasingly phased out, this method of receiving employment authorization is being employed less frequently. Another issue that often arises in the context of Employment Authorization is that of advance parole. Holders of a US fiance visa cannot leave the United States prior to adjustment of status and simultaneously maintain their lawful K1 status unless they apply for, and receive, an advance parole travel document.  In some cases, couples making an application for advance parole will also make an application for an EAD in order to work in the USA.

Tags: advance parole, AP, EAD, Employment Authorization Document, Fiance Visa Thailand, I-766, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, United States Citizenship and Immigration Service, US Fiance Visa Thailand, USCIS
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | 3 Comments »

In recent postings on this blog, this author has discussed proposed fee increases for Consular services at US Embassies and Consulates outside of the United States of America.  Recently the American State Department made the following announcement:

The Department is increasing fees to ensure sufficient resources to cover the rising cost of processing nonimmigrant visas. This increase applies both to nonimmigrant visas placed in passports and to border crossing cards issued to certain applicants in Mexico. The new, tiered fee structure was created to cover the higher unit costs for processing certain categories of nonimmigrant visas that are more complicated and require more in-depth consideration than most other categories of nonimmigrant visas. The Department is required to recover, as far as possible, the cost of processing nonimmigrant visas through the collection of the application fees. For a number of reasons, including new security enhancements, the $131 fee set on January 1, 2008 no longer covers the current, actual cost of processing nonimmigrant visas. Under the new schedule of fees, applicants for all visas that are not petition-based, including B1/B2 tourist and business visitor visas and all student and exchange visitor (F, M and J) visas, will pay a fee of $140. Applicants for petition-based visas will pay an application fee of $150. These categories include:

· H visa for temporary workers and trainees
· L visa for intracompany transferees
· O visa for aliens with extraordinary ability
· P visa for athletes, artists and entertainers
· Q visa for international cultural exchange visitors
· R visa for religious occupations

The application fee for K visas for fiancé(e)s of U.S. citizens will be $350. The fee for E visas for treaty-traders and treaty investors will be $390.

The last portion of this announcement is of the most pressing concern to those wishing to bring a Thai loved one to the USA. Many Americans opt to use a K1 visa to bring a Thai fiancee to the United States. In the past, many also utilized the K3 Visa to bring Thai spouses to the USA. At the time of this writing the National Visa Center (under the authority of the Department of State) is administratively closing all I-129f petitions for K3 Visas if the underlying I-130 petition has been submitted to the NVC concurrently with, or prior to, the submission of the I-129f petition. Therefore, the increase in fees is unlikely to have a major impact upon those seeking a US marriage visa as the vast majority of US Marriage visas being processed out of any US Consulate or US Embassy are immigrant visas (CR1 or IR1) rather than non-immigrant K3 visas.

For further general information about US Immigration from Thailand please see: Fiance Visa Thailand.

Tags: American States Department, Consular Fees, Costs for K visa, CR1, Fee Increase, IR1, K visa fees, K1 Visa, K3 Visa, National Visa Center, NVC
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, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, 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 and Immigration, US Visa Thailand | 7 Comments »