Integrity Legal

This author has repeatedly discussed the problems arising from the unauthorized practice of law as so called “visa agents” and “visa companies” as well as those masquerading as legitimate attorneys can cause many problems for bi-national couples. With this in mind, we will briefly discuss the proliferation of “Do It Yourself” Kits and the American Visa Process.

Throughout the internet, it is becoming increasingly easy to find those touting “Kits” to provide guidance to those who are processing their own visa petition and application. First, it should be noted that this author is not concerned by those who opt to process their own US visa petition or US visa application. In fact, the right to unilaterally petition one’s government for benefits is something that should be preserved at all costs. However, some opt to seek counsel in processing their US visa application. In these cases, the use of a “kit” could prove more detrimental than beneficial. For example: most so-called “kits” simply provide information that is already freely available. In many cases, individuals find that when their “kit” arrives it contains information that could easily have been found on either the United States Citizenship and Immigration Service (USCIS) website or the website of the Department of State. In some cases, information found in these “kits” can prove to be less than useful as some have found that information contained in a “visa kit” is out of date.

United States Immigration law encompasses rules and regulations promulgated by multiple government agencies as well as local law in foreign jurisdictions and the local Embassy or Consulate procedures in nearly every country on the planet. It is extremely difficult to imagine a “kit” that could provide guidance for all possible scenarios that could arise throughout the process of obtaining a visa for a foreign loved one.

A case in point, only recently was it announced that the K3 Visa application would be administratively closed. It is hard to imagine that one who purchased a kit right before this change was announced would have up-to-date information regarding the processing of a US marriage visa. This is just one example of how “Kits” cannot be used as effectively as competent legal advice from a professional.

Many “kit” retailers provide a 100% Guarantee or some other form of guarantee. As has been repeated many times on this blog, no ethical individual, attorney or otherwise, can guarantee the outcome of any case pending before USCIS, the National Visa Center, or a US Embassy abroad. Those thinking about purchasing a “Kit” may be wise to simply save their money.

For related information please see: K1 visa.

Tags: American Visa Process, Do it yourself, Do It Yourself Visa Kit, I-129f Kit, I-130 Kit, K1 Visa, K1 Visa Kit, K3 Visa, K3 Visa Thailand, US Visa, US Visa Process, Visa Process
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 Visa and Immigration, US Visa Thailand, USCIS | No Comments »

As this author has discussed in previous blog posts, one major reason for US visa denial is based upon a finding that a legal grounds of inadmissibility exists in a given case. One legal grounds of inadmissibility is based upon a finding by the Consular Officer that the applicant committed a Crime Involving Moral Turpitude (CIMT). That being said, at times it can be difficult to determine whether or not an individual’s prior actions would be considered a crime involving moral turpitude. The Foreign Affairs Manual (FAM) provides some insight into what types of crimes are considered to be crimes involving moral turpitude, the following are excerpts from the FAM:

“9 FAM 40.21(a) N2.3-1 Crimes Committed Against
Property
(CT:VISA-1318; 09-24-2009)
a. Most crimes committed against property that involve moral turpitude
include the element of fraud. The act of fraud involves moral turpitude
whether it is aimed against individuals or government. Fraud generally
involves:
(1) Making false representation;
(2) Knowledge of such false representation by the perpetrator;
(3) Reliance on the false representation by the person defrauded;
(4) An intent to defraud; and
(5) The actual act of committing fraud”

Property Crimes are not the only activities that can be construed as crimes involving moral turpitude as criminal actions which violate or undermine governmental authority are also considered to be CIMT:

“9 FAM 40.21(a) N2.3-2 Crimes Committed Against
Governmental Authority
(CT:VISA-1318; 09-24-2009)
a. Crimes committed against governmental authority which fall within the
definition of moral turpitude include:
(1) Bribery;
(2) Counterfeiting;
(3) Fraud against revenue or other government functions;
(4) Mail fraud;
(5) Perjury;
(6) Harboring a fugitive from justice (with guilty knowledge); and
(7) Tax evasion (willful).”

The FAM also goes on to note the various activities that may not be considered CIMT. However, it is incumbent upon the adjudicating officer to examine the facts of a given case and make a decision as to whether the underlying actions that gave rise to a criminal conviction in fact constitutes a Crime Involving Moral Turpitude for purposes of visa issuance. If the officer decides that a CIMT was committed, then the visa application will likely be denied. Under the doctrine of Consular NonReviewability (also known as Consular Absolutism) this decision is not subject to appeal. However, the applicant make be able to overcome the visa denial by applying for, and obtaining, an I-601 waiver.

Of interest to some may be the recent Circuit Court decision which held:

“An order of removal from the United States was entered against Petitioner Armando Alvarez-Reynaga based on his felony conviction for receipt of a stolen vehicle in violation of section 496d(a) of the California Penal Code. His petition for review presents the questions of whether a conviction under that statute qualifies categorically as a conviction for an aggravated felony, and whether it qualifies categorically as a crime involving moral turpitude. We conclude that it qualifies as the first, but not the second. We deny the petition for review.”

As the law continues to evolve, so to does the definition of CIMT and the activities that are considered to be covered by the CIMT provisions of the Immigration and Nationality Act.

For more information about US Visas from the Kingdom of Thailand please see: US Visa Thailand.

(Readers should be advised that the above does not constitute a full analysis of CIMT issues. Each application has its own unique set of facts and those facts must be analyzed on an individual basis in order to form a professional opinion.)

Tags: 601 Waiver, American Immigration Thailand, American Visa Thailand, CIMT, Crimes Involving Moral Turpitude, FAM, Foreign Affairs Manual, I-601 Waiver, I601 Waiver, Inadmissibility, US Family Visa, US Immigration, US Immigration Thailand, us visa denial, US Visa Denial Thailand, US Visa Denied, US Visa Denied Thailand, US Visa Thailand, Waiver
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 Consulate Chiang Mai, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS, Visa Waiver | No Comments »

The United States Citizenship and Immigration Service (USCIS) is responsible for overseeing the United States naturalization process. Each year, many Immigrants in the United States take advantage of the ability to naturalize to US Citizenship. For some, the Naturalization test is a daunting prospect. In order to help inform the public, USCIS has provided a video on their website that can be of assistance to those looking into the naturalization process. To quote the USCIS website directly:

“The USCIS Naturalization Interview and Test was developed as an informational resource for individuals interested in learning more about the naturalization process. The 16-minute video provides an overview of the naturalization process including the eligibility requirements, the application process, preliminary steps, the naturalization interview, the English tests and the U.S. history and government test (civics). The video includes two simulated interviews between applicants and USCIS Officers. Individuals applying for naturalization may use this video as a reference tool to prepare for the naturalization interview. Teachers and volunteers can use this video to complement classroom instruction.”

Although naturalization is the most common method employed by foreign nationals seeking US citizenship. Few are aware that there is another method of obtaining Citizenship for the children of United States Citizens who did not receive Citizenship at birth. The Child Citizenship Act of 2000 provides a legal means for the minor children of United States Citizens to obtain American Citizenship.

Another interesting program for those interested in becoming United States Citizens is the expedited naturalization program for those foreign nationals enlisted in the United States military. The expedited naturalization process is a major benefit to foreign nationals and their families who choose to serve in A the United States trmed Forces.

Some are unaware that those who gained United States Lawful Permanent Residence based upon marriage are entitled to faster naturalization. For those who enter the United States and take up Permanent Residence based upon employment, the naturalization process generally takes about 5 years. However, for those married to a US Citizen the process takes 3 years from the time Permanent Residence is approved. This means that the naturalization “clock” starts running for K1 visa holders after the adjustment of status is approved. A CR1 visa holder who enters the country with conditional lawful permanent residence at entry begins accruing  presence that can be used toward naturalization at entry. This being said, a CR1 visa holder must still get a lift of conditions before they will be entitled to a 10 year “Green Card.”

For information about US Immigration from Thailand Please See: American Visa Thailand.

Tags: American Immigration, American Visa, American Visa Thailand, Child Citizenship Act, CR1 Visa, CR1 Visa Thailand, Expedited Naturalization, K1 Visa, K1 Visa Thailand, Naturalization, USCIS
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, IR1 Visa, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The Office the Inspector General of the Department of Homeland Security is responsible for making investigations into the activities of the agencies under the jurisdiction of the Department. This can be a difficult, and likely thankless, task as the Department of Homeland Security is a very large organization. The United States Immigration and Customs Enforcement Service (USICE) has a mandate to enforce US Immigration and Customs regulations. That being said,  a recent report distributed by the American Immigration Lawyers Association discusses a recent investigation conducted by the Inspector General’s office into the activities of Immigration and Customs Enforcement and the relationship between ICE and local law enforcement agencies:

“Today the Department of Homeland Security Office of Inspector General issued a comprehensive report confirming civil rights abuses in a federal program that “deputizes” state and local law enforcement agencies to enforce immigration law. The Inspector General tells of local officers arresting individuals who have committed no offense – including even victims – for the sole purpose of identifying whether they have lawful immigration status.”

Although security and safety are important issues and it is necessary to take measures to ensure that America is safe and secure, there are many who argue that this security cannot come at the cost of American liberties and the ideals upon which America was founded. The report went further:

“Under section 287(g) of the Immigration and Nationality Act, state and local law enforcement agencies, acting under federal supervision, may assume federal immigration enforcement powers. This delegation of immigration enforcement power must be executed through formal written Memoranda of Agreement between the federal government and the local authority. The memoranda require state and local officers to abide by federal civil rights laws. The Inspector General found widespread lack of adequate training, guidance, monitoring or oversight. ‘The federal government has failed in its duty to train and supervise local officers. This program has turned local police into agents of fear within law-abiding communities,’ said Wolfsdorf. ‘Immigration lawyers hear reports everyday that immigrants are afraid to talk to the police and to report crimes. Through this program the federal government is undermining the ability of local authorities to ensure all Americans’ safety and security.’ The report also noted that Immigrations and Customs Enforcement (ICE) failed to provide accurate information about the program to Congress and the public.”

It is interesting to note that Department of Homeland Security personnel investigated this issue and made these issues public. The Office of the Inspector General should receive some accolades for assisting in bringing these issues to light.

For specific information about US Immigration from Thailand Please See: American Visa Thailand.

Tags: American Visa Thailand, Department of Homeland Security, DHS, Office of Inspector General DHS, US Immigration, US Visa, USICE
Posted in Department of Homeland Security, General Legal Information, Legal Opinion, US Visa and Immigration, US Visa Thailand, USICE | No Comments »

The Department of Homeland Security has a broad mandate to enhance the security of the United States. In many cases, the exact tactics employed by Department personnel are kept private in order to facilitate efficient implementation. That being said, oftentimes, the Department will make statements regarding general changes in policy. The following is quoted from a recent Department of Homeland Security Press Release which has been further distributed by the American Immigration Lawyers Association:

“Department of Homeland Security (DHS) Secretary Janet Napolitano today announced that the Transportation Security Administration (TSA) will begin implementing new enhanced security measures for all air carriers with international flights to the United States to strengthen the safety and security of all passengers—superseding the emergency measures put in place immediately following the attempted terrorist attack on Dec. 25, 2009.”

This announcement is interesting to note as it illustrates the ever-evolving nature of the Department of Homeland Security’s duties. To quote the press release further:

“These new, enhanced measures are part of a dynamic, threat-based aviation security system covering all passengers traveling by air to the United States while focusing security measures in a more effective and efficient manner to ensure the safety and security of the traveling public. Passengers traveling to the United States from international destinations may notice enhanced security and random screening measures throughout the passenger check-in and boarding process, including the use of explosives trace detection, advanced imaging technology, canine teams, or pat downs, among other security measures.”

Finally, the press release went on to provide answers to questions that those within the Department felt would be frequently asked:

“Is the list of 14 countries of concern still in use?

These measures supersede the list of countries concern put in place as an emergency measure on January 3, 2010. The enhanced security measures that are going into effect are tailored to intelligence about potential threats and are focused on all passengers from all countries. They are part of a dynamic, threat based process covering all passengers traveling to the United States while focusing security measures in a more effective and efficient manner to ensure the safety and security of all those traveling by air to the United States.

Is this a weakening of the current posture system?

It’s a strengthening of the system. These new, more flexible security protocols are tailored to reflect the most current information available to U.S. authorities and are based on real-time, threat-based intelligence that will now be applied to all passengers traveling to the United States. Which countries are affected by the new directives? The security measures apply to all passengers on international flights directly to the U.S. worldwide.

What can passengers expect to see at airports?

Passengers traveling to the U.S. from international destinations may notice enhanced security and screening measures throughout the passenger check-in and boarding process which could include explosives trace detection, use of advanced imaging technology, canine teams or pat downs, among other security measures to keep air travel safe.”

Many people, including this author, sometimes forget the rather daunting task of the Department of Homeland Security. On this blog, DHS is usually only discussed in the context of US Immigration, while in many ways their job is more than simply adjudicating visa petitions (USCIS), enforcing Immigration law (USICE), and patrolling America’s borders (USCBP).

For more information about United States Immigration from Thailand please see: US Visa Thailand.

Tags: American Immigration, American Immigration Thailand, American Visa, American Visa Thailand, Department of Homeland Security, US Immigration, US Visa, US Visa Thailand
Posted in US Visa and Immigration, US Visa Thailand, USCIS | 1 Comment »

As frequent readers of this blog may be aware, two of the most hotly debated issues in the realm of United States Immigration are: Comprehensive Immigration Reform and US Family Immigration benefits for LGBT bi-national couples. A seemingly unrelated issue is that of the upcoming United States Census. Recently, the LGBT immigration blog Immigration Equality.org discussed how the US Census and the issues of Comprehensive Immigration Reform and LGBT Visas are connected:

“Research conducted by the Asian American Legal Defense and Education Fund (AALDEF) shows an excellent reason for undocumented immigrants to participate in the census: They can actually use the completed census form as proof of continuous physical presence in the U.S., should Congress enact a path to citizenship, with requires such proof for residency, in the future. Additionally, certified copies of completed census forms can be used as evidence of continuous presence in the U.S. under certain current laws as well. These include the amnesty program under the Immigration Reform and Control Act of 1986 (IRCA); amelioration provisions of the Legal Immigration Family Equity Act of 2000; and for Temporary Protected Status (TPS) (for when one cannot return due to war, natural disasters etc.) under the Immigration and Nationality Act Section 244…There are undocumented immigrants living in the US in same-sex binational relationships as well, and they should be counted, too. A recent Immigration Equality client, living here with his American partner for nearly 20 years, was detained upon trying to re-enter the United States after going home to visit his dying mother. By participating in the confidential census process, couples like these can be “counted,” and give voice, through their numbers, to the very real plight of binational couples who have, for too long, remain too hidden in the shadows.”

As explained above, proof of having participated in a US Census can be used as evidence to show one’s continuous residence in the United States of America. Therefore, participating in the Census can be a beneficial endeavor for certain individuals.

It is interesting to note how the issue of undocumented aliens intersects with the issue of LGBT Immigration rights as these two groups would otherwise seem to have interests that are unrelated, but at this time same sex bi-national and undocumented aliens are in legally precarious position. In this author’s opinion, Comprehensive Immigration Reform could be the solution to both of these groups’ problems, but this author believes that it is more likely that the US Courts will deal with the issue of same sex immigration when they adjudicate the Constitutionality of the Defense of Marriage Act (DOMA). However, the outcome with regard to all of these issues remains to be seen.

For information about US Immigration from the Kingdom of Thailand please see: US Visa Thailand.

Tags: gay immigration, Gay Immigration Rights, gay us visa, lgbt immigration, LGBT Immigration rights, lgbt visa, same sex us visa, same sex visa, US Visa, US Visa Thailand
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, lgbt immigration, same sex visa, US Visa and Immigration, US Visa Thailand | No Comments »

An integral component of the US visa process is the submission of an affidavit of support which attests to the US Citizen Petitioner’s ability to support a foreign fiance for a K1 visa or spouse for a CR1 Visa, IR1 Visa, or K3 Visa once they are in the United States. Usually, the Federal Poverty Guidelines are used as a basis for ascertaining the guidelines used by Consular Officers and USCIS officers to adjudicate the ability to provide support. In most cases, the Federal poverty guidelines are updated on a yearly basis, as of the time of this writing, the 2010 guidelines have not been published, per se. Instead, the US Congress has extended the guidelines from 2009. The following is quoted from the website of Housing and Human Services:

“Congress has taken action to keep the 2009 poverty guidelines in effect until at least March 31, 2010.

Congressional actions on this matter have been in response to a decrease in the annual average Consumer Price Index (CPI-U) for 2009, projected during 2009 and announced on January 15, 2010 (see http://www.bls.gov/news.release/archives/cpi_01152010.pdf, Table 1A). In the absence of legislative change, this decrease–the first since the poverty guidelines began to be issued in 1965–would have required HHS to issue 2010 poverty guidelines that were lower than the 2009 poverty guidelines; that would have led to the “reduction in eligibility” referred to in the Congressional explanatory language quoted below. Congress took several actions on this matter:

1. On December 19, 2009, Congress enacted and the President signed the Department of Defense Appropriations Act, 2010 (Pub. L. 111-118), which included a provision affecting the poverty guidelines. Section 1012 of this law (as originally enacted, before subsequent amendment) stated that:

Notwithstanding any other provision of law, the Secretary of Health and Human Services shall not publish updated poverty guidelines for 2010 under section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)) before March 1, 2010, and the poverty guidelines published under such section on January 23, 2009, shall remain in effect until updated poverty guidelines are published.

The Congressional Record (House) (December 16, 2009, p. H15370) provided the following explanation of this Congressional action in Pub. L. 111-118:

Section 1012 includes a provision to freeze the Department of Health and Human Services poverty guidelines at 2009 levels in order to prevent a reduction in eligibility for certain means-tested programs, including Medicaid, Supplemental Nutrition Assistance Program (SNAP), and child nutrition, through March 1, 2010.

A Federal Register notice about this initial extension of the 2009 poverty guidelines was published on January 22, 2010. (See Federal Register, Vol. 75, No. 14, January 22, 2010, pp. 3734-3735.)

2. On March 2, 2010, Congress enacted and the President signed the Temporary Extension Act of 2010 (Pub. L. 111-144), which included a provision affecting the poverty guidelines. Section 7 of this law amended Section 1012 of the Department of Defense Appropriations Act, 2010, by replacing “March 1, 2010” with “March 31, 2010”. The effect of this was to extend the 2009 poverty guidelines until at least March 31, 2010.”

The issue of one’s ability to provide support to a foreign national is extremely important. Currently, the Federal poverty guidelines appear to still be those of the year 2009 as there is no word that new guidelines will be promulgated. Therefore, those who have an interest in the current guidelines would be wise to keep checking up on this issue as we are due for either a new extension of the 2009 guidelines or a new set of guidelines for 2010.

For further information please see: K1 Visa Requirements.

Tags: Affidavit of Support, CR-1 Visa, CR-1 Visa Thailand, CR1 Visa, CR1 Visa Thailand, Federal Poverty Guidelines 2009, Federal Poverty Guidelines 2010, I-134, I-864, I134, I864, Income Requirements, K-1 Visa, K1 Visa, K1 visa requirements, K1 Visa Thailand
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, Upcoming Legislation, US Visa and Immigration, US Visa Thailand | No Comments »

As we have previously discussed on this blog, the K1 visa (the category that is used to denote the US fiance visa) has a derivative counterpart that allows for the children of a foreign fiance or fiancee to travel to the United States with their parent. From a legal standpoint, there is nothing particularly interesting about this, but it does become interesting when holders of K2 Visas apply for adjustment of status in order to obtain United States Lawful Permanent Residence also referred to as a “Green Card.” Under the current rules, there is some question as to whether or not a K2 visa holder is allowed to adjust status after they turn 21 years of age. In a recent article posted on the Immigration Slip Opinion Blog, the author noted that issues surrounding K2 adjustment have yet to be fully addressed, but upcoming cases before the Board of Immigration Appeals (BIA) may clarify this vexing issue:

“‘Aging out’ issues: K-2 and CSPA

There are at least seven cases currently before the BIA that raise the question of whether Congress intended that a K-2 visa holder, admitted to the United States as the child of a fiancé(e) of a U.S. citizen, would become ineligible for adjustment of status upon turning 21. In briefs submitted as amici curiae, the American Immigration Council (Immigration Council) and AILA argue that such a result would produce absurd results and could not have been Congress’s intent. After all, the statute permits – and DHS practice allows – a child of a fiancée to enter the country on a K-2 visa up until his or her 21st birthday. In numerous cases, children enter with only a few days to spare before turning 21. Interpreting the statute as allowing these children to enter until age 21, but then also requiring that an adjustment be completed before they turn 21, is simply unreasonable. The only reasonable interpretation of the statute is that a K-2 child must be under 21 at admission but not at the time of adjustment. A recent favorable 10th Circuit decision doesn’t go quite this far, but should help convince the BIA that DHS is wrong. We have asked the BIA to schedule oral argument on this issue and to decide these cases together.”

This author has yet to be convinced of Congress’s original intent, but this issue is interesting and it will be fascinating to see how this issue plays out in the Immigration Courts. A favorable decision could lead to major benefits for children of the Thai fiancees of American Citizens.

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

Tags: Adjustment of Status, Adjustment of Status K1 Visa, Adjustment of Status K2 Visa, Fiance Visa, Fiance Visa Thailand, Fiance Visas, K1 Visa, K1 Visa Thailand, K2 Visa, k2 visa thailand, US Fiance Visa, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, Upcoming Legislation, US Visa and Immigration, US Visa Thailand, USCIS | 25 Comments »

The issue of advance parole can be extremely important for those enter the United States on a K1 visa. A K1 visa is a US fiance visa that allows the fiance of a US Citizen to enter the United States for a period of 90 days in order to marry and apply for adjustment of status. Adjustment of Status is the process of acquiring Lawful Permanent Residence (Also Known as a “Green Card”). For those who are awaiting the approval of an adjustment application a sense of being in “limbo” can set in as the applicant does not yet have permanent residence and they cannot leave the United States without falling out of status and thereby, often inadvertently, causing the entire visa process to begin anew.

There is a way that a foreign national can keep from falling out of status and still leave the United States. If the foreign national petitions for, and obtains, advance parole, then they may leave the United States and preserve both their Fiance Visa and their adjustment application.

In the past, applications for advance parole were adjudicated by local USCIS offices. However, in a recent USCIS announcement distributed by AILA, this procedure is changing:

“WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced revised filing instructions and addresses for applicants filing an Application for Travel Document (Form I-131). The change of filing location is part of an overall effort to transition the intake of some USCIS forms from USCIS local offices and Service Centers to USCIS Lockbox facilities. By Centralizing form and fee intake to a Lockbox environment, the agency can provide customers with more efficient and effective initial processing of applications and fees.”

“Beginning March 19, 2010 applicants will file their applications at the USCIS Vermont Service Center or at one of the USCIS Lockbox facilities. Detailed guidance can be found in updated Form I-131 instructions page at www.uscis.gov.”

Many people may already be asking themselves: What if I inadvertently filed my advance parole application at the wrong location because I was unaware of the change? Luckily, USCIS is dealing with this internally, at least for now:

“The USCIS Service Centers will forward incorrectly filed Form I-131 applications to the USCIS Lockbox facilities for 30 days, until Monday, April 19, 2010. After April 19, 2010, incorrectly filed applications will be returned to the applicant, with a note to send the application to the correct location.”

Since USCIS will discontinue forwarding incorrectly filed applications, those seeking advance parole should carefully study this issue before submitting an application as failure to do so could cause delays in being granted permission to leave the USA and preserve one’s status.

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

Tags: Adjustment of Status, advance parole, American Immigration Thailand, Fiance Visa, Fiance Visa Thailand, I-131, I131, K1 Visa, K1 Visa Thailand, US Fiance Visa, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

It is common knowledge that many people seek United States travel documents from the US Embassy Thailand. However, are those who have complex questions regarding United States Tourist visas and in many cases, these questions can only be answered by either an attorney or a Foreign Service Officer. Thanks to the internet, there are more and more opportunities for those with sought out knowledge to communicate with those who need specific questions answered. The website Thaivisa.com is reporting that the US Embassy in Bangkok has initiated a live chat program to allow the public to interact directly with Embassy personnel online:

“U.S. Embassy Bangkok Non-Immigrant Visa Webchat

Interested in visiting the U.S. as a tourist? Looking to study in the U.S.? If you have questions about non-immigrant visas to the U.S. here is your chance to ask! The U.S. Embassy Bangkok Consular Section will be online to answer questions about non-immigrant visa services for Thai citizens and residents of Thailand. Join us for this special webchat!

Date: Tuesday, March 30, 2010
Time: 6:00-7:00pm (Bangkok time)

To participate:

1. Go to https://statedept.connectsolutions.com/bangkok
2. Enter as a Guest (Type your name)
3. Submit your questions (We accept questions and comments in advance of, and at any time during the program)

We look forward to chatting with you then!

Please Note: At this time questions can be submitted in English only.”

Although this chat session has already occurred one should note that this is a terrific resource for those interested in a tourist visa as it allows for an applicant to have their inquiries answered in real time by one who is knowledgeable about US visa matters. It is interesting to note that the Thaivisa.com posting only makes reference to the the US Tourist Visa and not other visa categories. This is probably due to the fact that employment based visas such as the E2 visa or the L1 visa are granted after an assessment of the unique set of facts and issues in a given case so it would be difficult to discuss such visas through the internet. That being said, tourist visa adjudications are based upon the facts in the case, but judging an applicant’s likelihood of obtaining a US visa is often easier, compared to employment based cases, due to section 214(b) of the US Immigration and Nationality Act. Family based visa applications for visas such as the K1 visa, the K3 Visa, the IR1 visa and the CR1 Visa are also adjudicated based upon the facts of the case and in many cases the likelihood of ultimate approval is not easy to determine unless one delves deeply into the details of the case. This could explain why these types of applications do not appear to be the intended topic of discussion in the aforementioned live chat session.

Hopefully, this will become a regular addition to the already quality service provided by the US Embassy in Bangkok.

Tags: B-2 Visa, B2 Visa, B2 Visa Thailand, E 2 Visa, E-2 Visa Thailand, E2 Visa, E2 Visa Thailand, K1 Visa, L-1 visa, L-1 Visa Thailand, L1 Visa, L1 Visa Thailand, US Embassy, us embassy bangkok, us embassy thailand, US Tourist Visa, US Tourist Visa Thailand
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 Consulate Chiang Mai, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand | No Comments »