Integrity Legal

This author has had the good fortune to witness the many different ways in which Thailand visa applications are adjudicated. Generally, the adjudication of Thai visa applications depends upon the post at which the applicant is applying.

At many of the Thai Consulates and Embassies in Southeast Asia a long term Thai visa can be difficult to obtain (long term meaning those visas issued with a validity of more than 90 days). This is likely due to the fact that many of the posts in Southeastern Asia have become used to so-called “visa runners” who use nearby Thai Consulates to obtain visas to remain in the country long term. At one time, the Royal Thai Consulate in Penang was popular among visa runners. This author recently had the opportunity to visit the Thai Consulate in Burma and was surprised to find an extremely efficient and well run post, but one that does not routinely issue visas with more validity than 90 days.

Unlike the United States, Thailand issues very few, if any, immigrant visas at Consulates and Embassies abroad. Part of this is likely due to the fact that these two Immigration systems are very different. However, another explanation could be the fact that Royal Thai Embassies and Consulates abroad may not have the capacity to handle the adjudication of Immigrant visas like a US Embassy or US Consulate. Also, Royal Thai Immigration is exclusively responsible for the adjudication of Immigrant visas (also known as Thai Permanent Residence) and such visa applications must be approved in Thailand.

Since Thai Embassies and Consulates generally only issue non-immigrant visas the next question that most people ask is: “how long are such visas valid.” This depends upon the category of the Thai visa, but Royal Thai Embassies generally have the discretion to issue visas with as much as 3 years validity. As a practical matter, the Consulate or Embassy will only issue a visa with a maximum validity of 1 year.

Some Consulates require the applicant to physically present themselves, while other allow for visas to be applied for by post. However, one should not assume that simply because the application is sent in by mail that the officer does not scrutinize the application. On the contrary, there are some who would argue that such applications are more heavily scrutinized compared to “walk in” applications.

Generally, Royal Thai Consulates post the general application requirements and it is incumbent upon the applicant to demonstrate that they meet the requirements and should therefore be granted the Thai visa. Thai tourist visas generally require the least expediture of resources on the part of the applicant. However, Thai Business visas, Thai Retirement visas, and Thai O visas can require a great deal of work in order for the applicant to obtain approval.

Tags: Thai Business Visa, Thai permanent residence, Thai Visa, Thailand Business Visa, Thailand Consulate, Thailand Embassy, Thailand Permanent Residence, Thailand Permanent Resident, Thailand Visa, US Consulate, US Embassy
Posted in Thailand Embassy, Thailand Embassy Myanmar, Thailand Visa, us embassy bangkok, US Embassy Thailand | No Comments »

An occasional issue in United States Immigration matters is the termination of one’s lawful permanent residence in the USA (meaning the cancellation of one’s CR1 or IR1 visa). There are some who go to the US with the initial intention of remaining indefinitely, but these peoples’ intentions change and some opt to relinquish their lawful permanent residence. Surrender of one’s lawful permanent residence is facilitated by filing a form called an I-407 (Abandonment of Lawful Permanent Resident Status). Relinquishing one’s lawful permanent residence can be somewhat time consuming and the procedure is somewhat confusing. That being said the website of the American Embassy in the United Kingdom quickly sums up the process.

To quote directly from the website of the US Embassy in the UK:

“Once the U.S. Citizenship and Immigration Services office receives your completed Form I-407 and your Permanent Resident Card, the appropriate documentation stamps will be placed on the form along with the USCIS officer’s signature. A copy of this form will be returned to you in the stamped, self-address envelope you provide. This copy of the completed I-407 is your receipt and it validates the return of your Permanent Resident Card. You should keep a copy of the completed I-407 with your passport when you travel to the United States.”

This quote begs the question: “In what circumstances would a former permanent resident be allowed to visit the United States after formally renouncing their US Permanent Residence?” There are many cases where a former permanent resident wishes to visit the USA in order to see family, friends, or business associates. In many cases, former permanent resident’s opt to apply for a US tourist visa.

Under normal circumstances a tourist visa would be difficult to obtain if the applicant has family and friends in US because under section 214b of the United States Immigration and Nationality Act, Consular Officers at the US Embassy or US Consulate are required to make the presumption that an applicant for a non-immigrant visa such as a tourist visa is an undisclosed immigrant to the USA. This presumption is more easily overcome for those who have relinquished their permanent residence as the act is strong evidence contradicting the presumption of immigrant intent since the applicant has already immigrated once and opted to forfeit his or her immigration benefits.

Generally, US Consular Officers are more prone to issue tourist visas to former permanent residents due to the above analysis. However, this does not mean that the applicant for a tourist visa should not prepare and submit a well founded petition as adjudication of tourist visa applications is highly discretionary.

For more information please see: US Visa Thailand

Tags: American Visa Thailand, US Consulate, US Embassy, US Tourist Visa, US Tourist Visa Thailand, US Visa Thailand, USCIS
Posted in CR1 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS | 2 Comments »

For Thai-American couples the most common method of immigrating to the USA is through use of a K1 visa. The K1 visa is a fiancee visa granting the bearer 90 days of lawful presence in the United States of America with the option to apply for adjustment of status. If an adjustment of status application is submitted and approved then the Thai fiancee will be granted conditional lawful permanent residence for 2 years. After nearly 2 years the couple should submit a petition for a lift of conditions of the Thai spouse’s permanent residence. Should this petition receive approval, the Thai spouse will become an unconditional lawful permanent resident of the United States of America.

There are some travel restrictions placed upon permanent residents of the United States. Namely, they cannot be outside of the USA for more than one year without endangering their resident status in the USA. For those who remain abroad for more than one year it may be necessary to apply for an SB-1 visa. This is a visa specifically meant for returning residents of the USA. For those who plan to be outside of the USA for a substantial period of time there is a way to forestall a finding of residential abandonment: a US reentry permit. This is a travel document that is very similar to advance parole in so far as it preserves the status of the lawful permanent resident while they remain abroad. These travel documents are generally granted with a validity period of 2 years from issuance.

Recently, this author came into contact with an individual who had lawful permanent resident status in the US, but had lost his Resident Alien Card (“Green Card”) and needed to return to the US. This individual still had a valid US reentry permit. After some research, this author discovered that a United States lawful permanent resident may reenter the country without a proper visa provided that they have a valid United States reentry permit.

To directly quote from the website of the US Embassy in Mumbai:

“Per 8CFR 211.1, an alien in possession of a valid form I-327, Permit to reenter the United states (i.e. reentry permit), does not require a visa to reenter the United States.  Therefore, [one] may travel [to the USA] with [only one's] valid reentry permit.”

In a way, the United States reentry permit is akin to a passport for lawful permanent residents although it is inherently more restrictive than a US passport. For those lawful permanent residents thinking of leaving the USA for a prolonged period of time it may be wise to seriously consider applying for a reentry permit because it provides not only the peace of mind that comes from preserving one’s status, it can also act as a backup travel document in the event one loses their resident alien card.

For related information please see our postings about losing a US passport and obtaining a new one from American Citizen Services at a US Consulate in Thailand.

Tags: American Visa Thailand, conditional lawful permanent residence, Fiancee Visa Thailand, K1 Fiance Visa, K1 Visa, K1 Visa Thailand, Lawful Permanent Residence, Lift of Conditions, Lost US Green Card, Lost US Passport, Reentry Permit, SB-1, SB-1 Visa, unconditional lawful permanent residence, US Consulate, US Embassy, US Visa Thailand
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Visa and Immigration, US Visa Thailand | No Comments »

As it is the Holiday season in the United States many families are reunited with their loved ones in order to be together during the festivities. However, there are some families who cannot be reunited in the US due to restrictions imposed by US Immigration law. Most notable among those who probably will not be re-united this Christmas are same-sex bi-national couples. Since the Defense of Marriage Act was passed in the mid-1990′s it has been virtually impossible for bi-national same-sex couples to receive US Immigration benefits even where their marriage was executed in a jurisdiction in the United States of America. In a recent blog post on the website ImmigrationEquality.org the author notes that recently proposed Immigration reform legislation does not address the issues associated with Lesbian, Gay, Bisexual, and Transgendered (LGBT) Immigration.  To quote directly from the blog:

“Earlier today, Congressman Luis Gutierrez (D-IL) introduced an immigration reform proposal in the House of Representatives that does not include lesbian, gay, bisexual and transgender families. We pushed hard for inclusion in this bill, and we are deeply disappointed. However, I want to be clear: this is not the comprehensive immigration reform package which will move through the House. And, there are many reasons to remain optimistic about our inclusion in CIR down the road.

First, it is important to note that Congressman Gutierrez remains a co-sponsor of the Uniting American Families Act (UAFA) and the LGBT-inclusive Reuniting Families Act (RFA) in Congress. In the weeks and months leading up to the introduction of the Gutierrez bill, Immigration Equality pushed for inclusion of our families. When it became clear that this was not to be, we asked for the Congressman to continue to work for an end to immigration laws that discriminate against LGBT families, and we have every expectation that he will do so.”

It is this author’s opinion that the same-sex immigration issue will likely be dealt with in the United States Courts as the United States House of Representatives and the United States Senate seems reluctant to either overturn the Defense of Marriage Act (DOMA) or pass the Uniting American Families Act (UAFA). However, this author believes that the Defense of Marriage Act is in direct violation of the 10th Amendment of the United States Constitution because DOMA overrides state prerogatives regarding what constitutes a valid marriage. From a Constitutional standpoint, this author hopes to soon see the onerous provisions of DOMA either repealed through legislation or struck down by the courts.

For more information please see: US Visa Thailand

Tags: American Immigration, American Visa, lgbt immigration, lgbt visa, same sex us visa, same sex visa, US Visa, US Visa Thailand
Posted in Legal Opinion, Upcoming Legislation, US Visa and Immigration, US Visa Thailand | No Comments »

For those who have been married to an alien spouse for less than 2 years, the only immigrant visa category that the couple may apply for is a CR1 visa. For those who have been married for more than 2 years at the time of application an IR1 visa may be available. Usually, when the alien spouse travels to the United States of America on a CR1 visa he or she will be admitted with conditional lawful permanent residence. However, there is a question on the lips of many couples: what if we were married less than two years when we filed a visa application, but more than two years when we obtained the visa? The answer: the alien spouse’s status at entry may depend upon the duration of the marriage at the time of his or her admission to the United States of America.

For aliens with conditional lawful permanent residence, it is necessary to file for a lift of conditions before the alien will be granted unconditional lawful permanent residence.

When an alien is admitted to the United States, they must pass through a Customs and Border Protection checkpoint, this is commonly referred to as a port of entry. It is a common misconception that a US visa gives the visa holder the “right,” to enter the USA. In reality, a visa only provides the bearer with the right to travel to a US port of entry and ask for admission. When a CR1 visa holder travels to the USA they are admitted in lawful permanent residence, but the conditionality of that residence is determined by the Customs and Border Protection Officer admitting the alien. For couples who have had their two year anniversary before the alien spouse’s first trip to the USA, Customs and Border Protection will likely admit the alien spouse to unconditional permanent residence because conditionality is determined at the time of entry.

In some cases where a couple fails to meet the two year marriage requirement, but their second anniversary is in the very near future, it may be prudent for them to simply wait until after their second anniversary before the alien spouse asks for permission to enter the US for the first time. This way, the couple would not need to apply for a lift of conditions after the alien spouse enters the USA because the alien spouse will likely be granted unconditional permanent residence upon arrival in the United States.

Tags: CBP, conditional lawful permanent residence, CR-1 Visa, CR-1 Visa Thailand, CR1 Visa, CR1 Visa Thailand, Customs and Border Protection, IR-1 Visa, IR-1 Visa Thailand, IR1 Visa, IR1 Visa Thailand, Lift of Conditionality, Lift of Conditions, unconditional lawful permanent residence, US Visa, US Visa Thailand
Posted in CR1 Visa, General Legal Information, US Visa and Immigration, US Visa Thailand | No Comments »

In a recent blog posting the former President of the American Immigration Lawyers Association (AILA), Mr. Charles Kuck, praised Congressman Luis Gutierrez for proposing an Immigration Reform Bill in the United States House of Representatives. Currently, some members of AILA feel that the American Immigration system is highly flawed and, to quote Mr. Kuck’s blog posting:

“The results are tragically similar, children separated from their parents, husbands separated from their wives, businesses unable to secure their future because of a lack of talent and skilled employment, and an economy unable to nimbly shift from the 19th and 20th century into the 21st century. As a country, we can no longer tolerate what has become a human disaster.“

The human perspective of United States Immigration policy is an aspect that some lawmakers fail to consider, but one that they probably should not overlook because America is a nation founded by immigrants and it is our immigrant heritage that makes America a vibrant and innovative nation. The most disturbing facet of the current United States Immigration infrastructure is the fact that it does have a tendency to keep family members separated for, what can turn out to be, a substantially long period of time. For those couple who follow the proper immigration procedures it could still take longer than one year to re-unite a couple.

Of further importance is the need to rectify the US Immigration apparatus with regard to same-sex couples. Unfortunately, due to provisions in the Defense of Marriage Act, it is not possible for same-sex married couples to obtain US Immigration benefits based upon a lawfully executed marriage. There are advocates in the House of Representatives and Senate who wish to change this unfortunate state of affairs, but it seems that they have an uphill battle ahead of them.

Another critical aspect of US Immigration that is desperately in need of an overhaul is the area of employment based visas. Although America is only slowly coming out of “The Great Recession” and is still reluctant to allow more foreign workers into the American labor force, this is a necessity as foreign highly-skilled workers keep the US economy on the cutting edge of both innovation and technology. The United States does itself a disservice by prohibiting foreign skilled workers from entering the country. Hopefully Congressman Gutierrez will be able to get this much needed bill passed and usher in a modern era in US Immigration.

Tags: American Visa, Comprehensive Immigration Reform, Congressman Luis Gutierrez, Same Sex Immigration, same sex visa, US Immigration, US Immigration Thailand, US Visa Thailand, US Visas
Posted in General Legal Information, Legal Opinion, Miscellaneous, Upcoming Legislation, US Visa and Immigration, US Visa Thailand | No Comments »

The United States Visa Process can be extremely confusing particularly when it come to United States Family Immigration. Below are the processing time estimates promulgated by the United States Citizenship and Immigration Service (USCIS). We post these processing times on this blog as a courtesy to those thinking about filing an Immigration petition or with a petition currently pending. To learn more visit the USCIS website.

These are the current processing time estimates for the USCIS California Service Center

These are the processing time estimates for the Vermont Service Center of USCIS:

It should always be remembered that these processing times are merely estimates and cannot be definitively relied upon. Every case is unique and processes in its own time based upon the unique facts of the case. That being said, the above figures fairly accurately reflect the amount of time it takes to obtain a decision from USCIS. For those processing through the US Embassy Bangkok, it should be noted that the above figures do not take into account Consular Processing as the Embassy is under the jurisdiction of the American State Department and not the Department of Homeland Security.

Although the K1 visa remains the fastest family based visa category, it does not confer lawful permanent residence upon entry like the IR1 or CR1 visa. This can also be said for the K3 visa as it is classified as a non-immigrant dual intent visa and therefore requires the alien to adjust status after entering the USA.

For previous figures please see: US visa processing times.

Tags: CR1 Visa, CR1 Visa Thailand, I-129f, I-130, I-131, I-212, IR1 Visa, IR1 Visa Thailand, K1 Visa, K1 visa processing time, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Visa Processing Time, USCIS, USCIS Processing Times, USCIS website
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | 1 Comment »

In a previous post on this blog this author brought up the fact that the Department of State is raising the fees for non-immigrant visas such as the US Tourist Visa, the Exchange Visitor Visa, and the US Student Visa. However, it was not clear just how this proposed fee increase would effect other types of US visas. The Department of State recently promulgated a press release discussing the impact of the proposed rule change. This author came by this press release thanks to AILA. To quote this press release:

“Under the proposed rule, applicants for all visas that are not petition-based, including B1/B2 tourist and business visitor visas and all student and exchange-visitor visas, would pay a fee of $140.

Applicants for petition-based visas would 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 would be $350. The fee for E visas for treaty-traders and treaty-investors would be $390. The Department will not begin collecting the new proposed fees until it considers
public comments and publishes a final rule.”

This author added the above italics for emphasis because this is a substantial fee increase compared to the current amount that must be paid in connection with K visas. At the time of this writing, the Consular processing fee paid at the US Embassy in Bangkok or the US Consulate in Chiang Mai is $131. The proposed rule would increase this fee to $350. The US State Department has noted that the increase in fees is necessary because the K1 visa and the K3 visa require more diligent adjudication on the part of Consular Officers. This author would generally agree with this statement as it has been his opinion that Consular Officers diligently investigate and judge these petitions in an effort to provide a fair, thorough, and efficient adjudication. That being said, this fee increase will probably have a major impact upon those who have already filed for K1 and K3 visa benefits. Hopefully, these fee increases will come into effect after a grace period whereby those who filed before the fee increase will be able to enjoy the previously lower fee while new applications will have the fee increase phased in. However, the logistics of this proposal may be cost prohibitive as keeping track of previously filed cases could be highly labor intensive.

For more information on this and other US Immigration matters please see: US Visa Thailand.

Tags: AILA, American Embassy Bangkok, American Embassy Thailand, American Visa Thailand, B1 visa, B2 Visa, Consular Processing, DOS, Exchange Visitor Visa, F1 Visa, J1 visa, K1 Visa, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, us embassy thailand, US Student Visa, US Tourist Visa, US Visa, US Visa Thailand
Posted in F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 1 Comment »

The United States Department of State wishes to amend the current rule regarding the fees to be charged to applicants for non-immigrant visas overseas. The American Immigration Lawyers Association (AILA) has recently released information regarding the proposed rule change. Below is a direct quote from this announcement:

“This rule amends the Schedule of Fees for Consular Services (Schedule) for nonimmigrant visa application and border crossing card processing fees. The rule raises from $131 to $140 the fee charged for the processing of an application for most non-petition-based nonimmigrant visas…The Department of State is adjusting the fees to ensure that sufficient resources are available to meet the costs of providing consular services in light of an independent cost of service study’s findings that the U.S. Government is not fully covering its costs for the processing of these visas under the current cost structure.”

Although it is fairly self evident that this proposed rule change will affect non-immigrant visa categories such as the J1 visa, the F1 visa, the B1 visa, and the B2 visa (commonly referred to as the US Tourist Visa) there is some question as to whether or not this rule change will have an impact upon those seeking a K1 visa or a K3 visa. As can be read in the above quotation, the rule should only impact “non-petition based non-immigrant visas…” As K1 visa applications and K3 visa applications are both based upon an underlying visa petition made to USCIS this proposed rule begs the question: how will it impact K visa applicants?

The K1 visa and the K3 visa are non-immigrant dual intent visas. They are non-immigrant in that they do not allow the visa holder to remain in the United States indefinitely upon entry, but they allow for the bearer to apply for adjustment of status at a later date (provided certain prerequisites are met; in the case of the K1, marriage to the original petitioner).

This author believes that is is likely that the final rule will include a provisions raising the fees for the K visas as well as the other non-immigrant visa categories. Immigrant visa fees are in a separate category and for those filing a petition in the USA, these fess are paid directly to the National Visa Center (NVC). Many people are under the mistaken impression that in family visa cases the fees paid initially to USCIS are all-inclusive. This is not the case as the US Embassies and US Consulates are under the jurisdiction of DOS while USCIS is under the jurisdiction of the Department of Homeland Security (DHS) therefore, processing fees must be made to each agency at different stages.

Tags: B1 visa, B1 Visa Thailand, B2 Visa, B2 Visa Thailand, DHS, DOS, dual intent, F1 Visa, F1 Visa Thailand, J1 visa, J1 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, NVC, US Tourist Visa, US Tourist Visa Thailand
Posted in Adjustment of Status, F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 1 Comment »

The K1 visa was designed to provide a means and method for foreign fiancees to travel to the United States of America in order to be reunited with their US Citizen loved one. It is commonly referred to as a Fiancee visa because that is this visa’s intended use. The major upside of the K1 visa is the fact that it has the fastest processing time when compared to marriage visas such as the K3 visa and CR1 visa. However, the K1 visa does require that the applicant adjust status to lawful permanent residence after entry in the United States. Generally, this process takes approximately 6 months from application submission until final adjustment decision.

An I-601 waiver is necessary for those who have been found inadmissible to the United States based upon one of the legal grounds of inadmissibility found under the provisions of the United States Immigration and Nationality Act. In Thailand, the two most common grounds of inadmissibility are the result of factual findings that the applicant engaged in prostitution within 10 years prior to the application’s submission or a finding that the applicant overstayed in the United States while present on a prior US visa.

Many pose the question: if My Thai fiancee is approved for one of the aforementioned waivers, will she need to ever deal with the issue again? The short answer: no. Once an I-601 waiver application is approved it is binding upon later proceedings. Therefore, if the Office of the United States Citizenship and Immigration Service (USCIS) in Bangkok approves a waiver application, then that holding based upon those facts will be respected by a local USCIS office adjudicating all later matters that have to do with the alien’s presence in the United States.

An example of how this can play out: a Thai fiancee is denied for a K1 visa based upon a legal grounds of inadmissibility, the case is forwarded to USCIS Bangkok pursuant to an application for an I-601 waiver, the I-601 waiver application is approved, the case is forwarded back to the Consulate at the US Embassy, the US Consulate issues the visa, the applicant travels to the USA, is lawfully admitted, marries the American Citizen fiance, and applies for adjustment of status. In this scenario, the prior waiver would be recognized during the adjustment proceedings and therefore the issue would likely not be re-visited. The major upside to a waiver being approved overseas is the fact that it provides certainty as to how the process will move forward and may also be beneficial because waiver issues will be put to rest outside of the jurisdiction in which the American Citizen resides.

Tags: CR1 Visa, I-601 Waiver, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Consulate, US Consulate Chiang Mai, US Embassy, us embassy bangkok, US Visa, US Visa Thailand, US Visa Waiver, USCIS, USCIS Bangkok
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS, Visa Waiver | No Comments »