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Integrity Legal

Archive for the ‘US Visa and Immigration’ Category

27th February 2010

US Citizenship is an aspiration for many of those individuals who opt to immigrate to the United States of America. Naturalization is the legal process that foreign nationals undertake when they wish to become a US Citizen. For many the process is somewhat confusing. The naturalization process can also seem daunting as a foreign national must spend a significant amount of time any money in order to naturalize. Recently the United States Citizenship and Immigration Service (USCIS) stated that funds will be made available to assist in integrating foreign nationals into the American polity, the following is a press release from USCIS promulgated by the American Immigration Lawyers Association (AILA):

“U.S. Citizenship and Immigration Services (USCIS) announced today the availability of two different
grants designed to help prepare lawful permanent residents (LPRs) for citizenship and advance integration in the United States. This year’s program will make nearly $7 million available for citizenship education in communities across the country.”

This 7 million dollar grant shows a marked increase in funding for this initiative as this program was not as heavily funded in the past. It could be inferred that USCIS is resolved to promote Citizenship education for foreign nationals:

“’Each aspiring citizen represents a personal story of sacrifice and triumph,” said USCIS Director
Alejandro Mayorkas. “This funding will increase opportunities for English language instruction, promote the rights and responsibilities that define our nation, and provide much-needed support for individuals on the path to citizenship.’”

The funding provided in these grants will help facilitate multiple goals. All of these goals are within the context of Immigration to the United States and Naturalization to American Citizenship:


The first grant will strengthen locally-based citizenship preparation programs. The second grant will
increase the capacity of members or affiliates of national, regional, or statewide organizations to offer
citizenship services in underserved communities. USCIS expects to announce an estimated 50 award
recipients in September 2010.

When comparing this initiative to its counterpart in 2009, the difference in funding becomes glaringly obvious:

During fiscal year (FY) 2009, USCIS awarded $1.2 million in grants to 13 immigrant-serving organizations across the country. These awards are currently expanding services and outreach on U.S. citizenship, educational opportunities, and available resources to nearly 70,000 LPRs in 11 states.

That being said, USCIS’s efforts to fully integrate foreign nationals into the tapestry of Americana should be applauded as it marks a positive step. There are many who feel that naturalization makes individuals more engaged in the American way of life and provides recent immigrants with an aim and goal to pursue.

For more information about this and other US Immigration issues please see: Fiance Visa Thailand.

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25th February 2010

The K3 Visa was designed as an expedited alternative to Immigrant Marriage visas such as the IR1 Visa and the CR1 Visa. At one time, it could take as long as 3 years to process a marriage visa petition, which is why Congress created the K-3 visa category. However, in recent years the need for the K-3 visa has been less acute when compared to the past as the current processing times for the aforementioned Immigrant marriage visas is about 11-12 months. When comparing this to the K3 visa processing time one can see that the K-3 visa is becoming less of a necessity.

With that in mind, the United States Department of State’s National Visa Center (NVC) recently made an important announcement with regard to K-3 visas, the following quote is from a State Department publication promulgated by the American Immigration Lawyers Association (AILA):

“Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:


The nonimmigrant K visa will be administratively closed.
The application process explained below will not be applicable and cannot be used.


The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage. If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality. If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send your petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if your marriage took place in Iran where the U.S. does not have an embassy your petition would be sent to Turkey.”

There are some who are likely asking themselves: What does this all mean? USCIS adjudicates all visa petitions and, upon approval, forwards them to the National Visa Center (NVC). NVC processes all K3 visa applications before they go to the Consulate or Embassy abroad (for those applications which are to be processed in Thailand, the NVC handles the application prior to receipt by the US Embassy Bangkok).

In essence, the NVC will no longer process K-3 visa applications if an Immigrant visa application is received by the NVC prior to, or at the same time as, a K3 application. As a practical matter, all K-3 petitions have an Immigrant visa counterpart. It is believed that, most of the time, the NVC receives these applications either in tandem or nearly simultaneously. There may be a few instances where a K-3 application will make it to NVC prior to the Immigrant visa application, but for the most part this is not the case. As a result, it is highly likely that the K-3 visa will no longer be available to those seeking marriage visa benefits because the Immigrant visa application will reach the NVC prior to, or at the same time as, the K-3 application.

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23rd February 2010

As many readers are probably aware, the United States of America and Cuba have had long standing political tensions. Official US policy regarding Cuba has remained largely unchanged over the past 40 years, but recently officials from the American State Department have been conducting meetings with Cuban authorities in order to come to some sort of agreement regarding migration between the two countries. The quotes cited below are from a recently promulgated State Department publication:

“On Friday, February 19, 2010 the United States and Cuba met in Havana to discuss implementation of the U.S.-Cuba Migration Accords. This was the second such meeting since the decision to renew the Talks in 2009. In the course of the meeting, the U.S. team, led by Principal Deputy Assistant Secretary of State for Western Hemisphere Affairs Craig Kelly, reaffirmed the U.S. commitment to promote safe, orderly, and legal migration.”

Many feel that the current state of the US-Cuban relationship has lead to a situation where the security of the United States and Cuba is affected. Also, US officials are seeking to be given access to information about those who are sent back to Cuba. Therefore, an accord with Cuba seems to increasingly be considered a necessity:

“The agenda for the talks reflected longstanding U.S. priorities on Cuba migration issues, including: ensuring that the U.S. Interests Section in Havana is able to operate fully and effectively; ensuring that the U.S. Interests Section in Havana is able to monitor the welfare of repatriated migrants; and gaining Cuban government acceptance for the repatriation of all Cuban nationals who are excludable on criminal grounds…The United States views these talks as an avenue to achieve practical, positive results that contribute to the full implementation of the Accords and to the safety of citizens of both countries.”

This blog is mostly concerned with American Immigration issues for foreign nationals in Southeast Asia. That being said, we try to provide information about US Immigration generally. Although the above issues do not directly impact US Immigration from Thailand, an accord with Cuba on these Immigration issues would likely mark a watershed moment in Cuban-American relations.

At one time, it was difficult for people from Communist countries to travel to the United States. Since the end of the cold war and the “thawing” of relations between the United States and China, Cuba has remained a country with few official ties to the United States. The above accord, may mark the beginning of friendlier relations between the two countries.

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20th February 2010

United States Citizenship is a substantial benefit for many foreign nationals and naturalization is something that many Immigrants in the United States take very seriously. This author recently came upon a publication promulgated by the US Army in which information is provided regarding US Citizenship for Lawful Permanent Residents and Conditional Lawful Permanent Residents who opt to enlist in the Army. The following is a direct quote from that publication.

“Welcome to the United States Army! You are either a Lawful Permanent Resident (LPR) or a Conditional Lawful Permanent Resident (CPR) who has enlisted in the US Army. As a non-US citizen enlisting in wartime, you are eligible to apply for naturalization under Immigration & Nationality Act Section 329 on your first day of active duty, if you so desire. The Army wants you to obtain your U.S. citizenship so that you can use your skills to achieve the Army mission. Obtaining US citizenship will allow you to move into more responsible jobs, open up new career fields, and even allow you to become an officer.”

Although the US Immigration and Nationality Act provides expedited naturalization for those in the military, the United States Citizenship and Immigration Service (USCIS) is still required to adjudicate Naturalization applications. To quote the aforementioned publication further:

“The Army does not decide, however, whether you can become a US citizen. You must file Form N-400, Application for Naturalization (citizenship) with United States Citizenship & Immigration Services (USCIS), part of the US Department of Homeland Security (DHS). USCIS must process your application and decide whether it can be approved.”

This being said, all organizations concerned will strive to see that an enlisted lawful permanent resident’s application for naturalization is processed as quickly as possible.

“United States Citizenship and Immigration Services (USCIS) works with the Army to process citizenship applications during Basic Combat Training (BCT). USCIS and the Army will try to ensure that all non-citizen Soldiers take their oath of citizenship prior to or concurrent with graduation from BCT. USCIS officers are present at each of the five BCT sites on a weekly basis to collect citizenship packets, interview and test Soldiers, and administer oaths. Soldiers should bring a completed citizenship packet to BCT and be prepared to take the citizenship test there. Please note that neither USCIS nor the Army guarantees any Soldier US Citizenship, or that the Soldier will receive citizenship prior to graduation from BCT.”

Although military service does not guarantee United States Citizenship it is admirable that the United States military as well as the USCIS go to great lengths to see that naturalization applications for enlisted personnel are processed in an efficient and timely manner.

For more on American Immigration please see: US Visa Thailand.

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19th February 2010

The US visa process begins with an initial petition which is submitted to the United States Citizenship and Immigration Service (USCIS). Below are the updated processing times for the two USCIS service centers which handle the vast majority of United States family-based visa petitions. The information below was updated by USCIS on February 17, 2010.

For those who are unfamiliar with the visa process, the I-129f petition is used when filing for K1 visa on behalf of a foreign fiancee. This petition can be used by those seeking K3 Visa benefits as well. The I-130 petition is also utilized by those seeking family visa benefits, but the I-130 is used to petition for Immigrant visa benefits.

Below are the current USCIS processing estimates for the California Service Center:

I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-129F Petition for Alien Fiance(e) K-3/K-4 – Already married – spouse and/or dependent child 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 June 02, 2005
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 May 23, 2002
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister November 16, 2000
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 March 02, 2007
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 January 02, 2003
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal 4 Months

Below are the current processing time estimates for the Vermont Service Center:

I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-129F Petition for Alien Fiance(e) K-3/K-4 – Already married – spouse and/or dependent child 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 January 21, 2008
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 October 01, 2008
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister December 17, 2008
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 July 23, 2007
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 July 31, 2007
I-131 Application for Travel Document All other applicants for advance parole 3 Months
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal 4 Months

Those researching the US visa process for the first time should be aware the USCIS processing is simply the initial phase of the overall process as the petition must be forwarded to the National Visa Center and eventually a US Consulate or Embassy abroad. In the case of Thai nationals seeking US visa benefits, virtually all family based applications are processed by the US Embassy Thailand.

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18th February 2010

Naturalization is the process of obtaining American Citizenship for a foreign national. In some cases, the US naturalization process can be very time consuming, but those who marry a United States Citizen and obtain immigrant status based upon that marriage are subjected to fewer requirements when it comes to US naturalization. This could be of interest to those who enter the United States on a K1 visa or K3 visa as either of these travel documents could put the beneficiary on track for eventual US Citizenship.

The US naturalization process can be relatively different for those who are in the United States military. About 2 years prior to the posting of this article, Congress enacted legislation to make the US naturalization process easier for those in the military. To quote a recent publications from the Department of Homeland Security:

“In June 2008, Congress passed the Kendell Frederick Citizenship Assistance Act to streamline the process for U.S. military service members seeking to become U.S. citizens. The act directs the Secretary of Homeland Security to accept fingerprints submitted by military citizenship applicants at the time of their enlistment or from prior submissions to the Department of Homeland Security, expedite the processing of citizenship applications, and implement procedures to ensure rapid electronic transmission of biometric information and safeguarding of privacy.”

Although Congress has enacted the aforementioned legislation, it is incumbent upon the United States Citizenship and Immigration Service (USCIS) to implement the new policy. The above quoted DHS publication is an overview of the current status of the ongoing implementation of the Kendell Frederick Citizenship Assistance Act. To further quote DHS:

“USCIS has taken actions to meet the act’s requirements. Specifically, USCIS has implemented a process to use previously submitted fingerprints for military naturalizations, and it tracks and reports processing time to ensure that it completes adjudication of applications timely. USCIS has also undertaken several information technology initiatives to improve the military naturalization process. However, USCIS’ information technology systems, such as the application processing system and background check support systems, do not meet all user requirements. As a result, personnel must devote resources to work around system limitations. Further, USCIS had not yet completed a privacy assessment for its process to obtain enlistment fingerprints from partner agencies. Without such an assessment, we were unable to assess whether that process was properly safeguarded.”

A streamlined naturalization process for those serving in the US military is a “win-win” situation for both the newly naturalized Citizen as well as the USA as a whole. Although the above privacy issues must be further investigated hopefully the implementation of this act will prove to be an overall success.

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15th February 2010

A recently proposed rule would increase the fees charged by the US Department of State for services performed at Embassies and Consulates abroad. To quote the AILA website:

“This rule proposes adjustments in current fees for consular services. The Department of State is adjusting the fees in light of an independent cost of service study’s (“CoSS”) findings that the U.S. Government is not fully covering its costs for providing these services under the current fee structure. The primary objective of the adjustments to the Schedule of Fees is to ensure that fees for consular services reflect costs to the United States of providing the services.”

Although not exhaustive, the following quotes list the proposed fee increases for services that will likely have the biggest impact upon US Citizens resident abroad:

“Passport Book Application Services

The Department is increasing the application fee for a passport book for an adult (age 17 and older) from $55 to $70. The application fee for a passport book for a minor (age 16 and younger) will remain at $40. The CoSS estimated that the cost of processing first-time passport applications for both adults and minors is $105.80 based on a projected FY10 workload of 11.9 million. This cost includes border security costs covered by the passport book security surcharge, discussed immediately below. Because a minor passport book has a validity of just five years, in contrast with the ten-year validity period of an adult passport book, the Department has decided to leave the minor passport book application fee at $40, and allocate the remainder of the cost of processing minor passport book applications to the adult passport application fee.”

The proposed rule goes further as there will be further fee increases for new passport seekers:

“Passport Book Security Surcharge

The Department is increasing the passport book security surcharge from $20 to $40 in order to cover the costs of increased border security which includes, but is not limited to, enhanced biometric features in the document itself. The passport book security surcharge is the same for adult passport books and for minor passport books.”

The addition of visa pages to an American’s passport has always been a courtesy provided free of charge. However, the proposed rule would change this:

“Additional Passport Visa Pages

In the past, the Department provided extra pages in a customer’s passport, to which foreign countries’ visas may then be affixed, at no charge. The CoSS found that the cost of the pages themselves, of having the pages placed in the book in a secure manner by trained personnel, and of completing the required security checks results in a cost to the U.S. Government of $82.48 based on a projected FY10 workload of 218,000. Therefore, the Department will charge $82 for this service.”

For those American Citizens who have a child overseas a Consular Report of Birth Abroad (CRBA) is necessary in order to ultimately obtain a US passport for the child. That being said, the fee for a CRBA would be increased under the newly proposed rule:

“Application for Consular Report of Birth Abroad of a Citizen of the United States

The CoSS found that the cost of accepting and processing an application for a Consular Report of Birth Abroad of a Citizen of the United States is $197.28 based on an FY10 workload projection of 80,000 applications. The Department has decided to raise the fee from $65 to $100, still significantly less than cost, based on its view that too high a fee might deter U.S. citizen parents from properly documenting the citizenship of their children at birth, a development the Department feels would be detrimental to national interests.”

The Immigrant visa fees associated with the processing of Immigrant family based visa applications (such as IR-1 visas and CR-1 visas) are to be decreased pursuant to the proposed rule:

“Immigrant Visa Application Processing Fee

The Department is changing the fee for processing an immigrant visa from $355 for all immigrant visas, to a four-tiered fee based on CoSS estimates for each discrete category of immigrant visa, as applications for certain applications cost more to process than others. Accordingly, the application fee for a family-based (immediate relative and preference) visa (processed on the basis of an I-130, I-600 or I-800 petition) will be $330.”

This being said, employment based application fees are to rise dramatically. Immigrant visa fees should not be confused with non-immigrant dual intent visa fees (such as those payable for the obtainment of a K1 visa or a K3 Visa) which are expected to rise in the future. Finally, an often overlooked service of the American Citizen Services section of a US Embassy or a US Consulate involves document notarization and legalization:

“Providing Documentary Services

The CoSS found the cost to the U.S. Government of providing documentary services overseas is $76.36 per service based on a projected FY 2010 workload of 380,000 services. These are primarily notarial services, certification of true copies, provision of documents, and authentications. However, the Department is raising these fees only from $30 to $50, lower than cost, in order to minimize the impact on the public.”

The above changes in the fee structure for Consular services will hopefully result in increased funds which will provide Americans with better services when they need important documentation.

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12th February 2010

For those who have gone through the United States Immigration process or those who are thinking of doing so, the acronym USCIS will become familiar if it is not already. USCIS stands for the United States Citizenship and Immigration Service. This organization adjudicates many Immigrant visa petitions before they are sent to the the Department of State. In many ways USCIS carries out their duties in an effective and efficient manner. However, there are some situations in which some individuals feel that USCIS oversteps their authority.

In a recent blog posting, the past president of the American Immigration Lawyers Association wrote about the issues surrounding USCIS and dereliction of what some perceive as the proper interpretation of Federal law:

“[T]wice in the last two months the USCIS has issued “memos” that so dramatically change the framework under which these key programs operate, that it has clearly violated the APA [Administrative Procedure Act].”

The posting went into further detail below:

“USCIS has taken ignoring Federal Law to a new level with its recent actions. Of course we all know that the USCIS has been illegally changing the rules as they apply to individual cases for the last several years by engaging in “rulemaking by RFE;” making ridiculous requests for evidence, not based on any legal requirement, but rather, based upon someone’s bizarre notion of what they think the law should be, not what it really is. Now, however, with the two newest “Neufeld Memos” the USCIS has simply gone too far…The Neufeld memo on the EB-5 program, essentially makes that job creation program unworkable, and the Neufeld Memo on the H-1B program, literally changes decades of established policy on the most important visa allowing U.S. companies to hire foreign nationals.”

With regard to the employment visa issues noted above, the details of the memos in question have yet to be resolved. However, based upon anecdotal evidence from some practitioners, there does appear to be something of a rise in the number of Requests for Evidence (RFE) being promulgated by USCIS. This author can neither confirm nor deny that RFEs are on the rise, but it leads to the issue of RFE avoidance. Particularly in family visa cases, such as petitions for a K1 visa or a K3 Visa, a couple must be separated during the US visa process. Therefore, if an RFE is avoided it could mean that the couple will be reunited more quickly. As a result, proper petition preparation is necessary in order to have a better chance of forestalling an RFE.

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11th February 2010

As many are aware, the tragedy in Haiti left many Haitians without a home. The United States Citizenship and Immigration Service (USCIS) has acted with alacrity in authorizing Temporary Protected Status (TPS) to those Haitians who were in the USA at the time of the earthquake.  In this situation TPS was granted based upon humanitarian reasons as US policymakers felt that it would be inhumane to send Haitians back to a devastated nation.

Like many facets of American Immigration, the recent announcement regarding TPS for Haitians has resulted in “fly by night” operations preying upon the public by claiming that they can assist. Fortunately, USCIS made the following announcement:

“Please be aware that some unauthorized practitioners may try to take advantage of you by claiming they can file TPS forms. These same individuals may ask that you pay them to file such forms. We want to ensure that all potential TPS applicants know how to secure legitimate, accurate legal advice and assistance. A list of accredited representatives and free or low-cost legal providers is available on the USCIS website under Resources/Finding Legal Advice. Please see our Fact Sheet, “USCIS Warns of Immigration Scams Targeting Haitian Applicants for Temporary Protected Status” for helpful tips and further information on how to protect yourself from becoming a victim of fraud. We hope you will use this resource.”

“You do not need to have an attorney or a representative to apply for temporary protected status. If you choose to have a representative when filing an application or petition with USCIS, you may be represented by an attorney or an accredited representative of a recognized organization. Your representative must file a “Notice of Entry of Appearance as Attorney or Representative” form (Form G-28) with your TPS application. Please visit the “Finding Legal Advice” page on the USCIS website for more important information on this topic.”

Those seeking assistance in US Immigration matters should keep in mind that only a licensed attorney or an indvidual certified by the Board of Immigration Appeals is entitled to represent clients before USCIS, the Customs and Border Protection Service, and the Immigration and Customs Enforcement Service. In Thailand, many so-called “law firms” claim that they can assist in Immigration matters such as K1 visa and K3 visa obtainment when in fact they are legally precluded from doing so under US law unless they have US licensed attorney on staff. Anyone claiming to be a US attorney should be asked if they can produce a license to practice law in the USA or a membership card to an American Bar Association.

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9th February 2010

The method of making an appointment at the US Embassy in Bangkok depends upon the reason for the appointment. For example, the appointment process for obtaining a Consular Report of Birth Abroad is different than the process for obtaining an appointment for a non-immigrant visa interview.

Many expatriates in Thailand seek such services as: Consular Reports of Birth Abroad (a document akin to a birth certificate) , notarization, visa page replacement, and new passport issuance. Virtually all of the issues surrounding these services can be dealt with at the American Citizen Services Section of the United States Embassy in Bangkok.  For those interested in making an appointment with the American Citizen Services Section of the US Embassy in Bangkok, it may be wise to click on this link.

For those who need a non-immigrant visa to the United States a visa interview appointment will likely be required. For those unfamiliar with the US visa process, a non-immigrant visa is granted to an individual who does not have the intention of remaining in the USA. Popular non-immigrant visa categories are the J1 visa, the F1 visa, the B1 visa, and the B2 visa (also known as a Tourist visa). The aforementioned visa categories are not the only non-immigrant visas, but they are currently the most popular among those interviewing at the US Embassy in Bangkok. For those interested in more information about non-immigrant visas please click here.

Another common reason for needing an appointment at the US Embassy in Bangkok is the need to finish the American Immigration process. For those who wish to immigrate to the United States, in order for a US visa to be issued, the applicant must undergo a visa interview. In Thailand, the popular immigrant visas are category CR-1 and IR-1 for Thai spouses. Although not immigrant visas in the strict sense of the word, the K1 visa and the K3 visa are treated as immigrant visas because they are dual intent travel documents. A dual intent visa (travel document) is designed for a foreign national to enter the United States in non-immigrant status with the option of adjusting status to that of an Immigrant at a later date. For many, the Immigrant visa process is time consuming and the final phase of the process can cause anxiety in many applicants. However, for the applicant who tells the truth and is forthright in their application, there is usually no reason to be anxious as the visa interview is nothing more than an exercise of due diligence on the part of the Consular officers. For more on immigrant visas please click here.

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