Integrity Legal

The Department of Homeland Security is a vast bureaucracy with many different components. The Ombudsman’s office can be very helpful for those who have had a file go missing or otherwise need assistance in dealing with the United States Citizenship and Immigration Service (USCIS). Recently, Secretary Napolitano of Homeland Security appointed a new Ombudsman. The American Immigration Lawyers Association (AILA), noted the appointment in a recent press release:

“In a message to employees yesterday afternoon, Secretary Napolitano announced the appointment of January Contreras as Citizenship and Immigration Services (CIS) Ombudsman for the Department of Homeland Security.”

Secretary Napolitano was quoted as saying that the new Ombudsman has “valuable experience,” which will assist in her future endeavors. To further quote the above press release:

“Ms. Contreras previously served as a Senior Advisor to Secretary Napolitano, where she helped lead the Department’s response to the H1N1 flu and oversaw Department initiatives for the White House Council on Women and Girls. She formerly led the Arizona Department of Health Services, managing nearly 2,000 employees and overseeing the state’s public health and behavioral health systems. In addition, she has 10 years of experience in litigation and policy including health and its interaction with immigration policy and legislation.”

The aforementioned press release also noted the exact nature of the USCIS Ombudsman’s role:

“The CIS Ombudsman provides independent analysis of problems encountered by individuals and employers interacting with U.S. Citizenship and Immigration Services, and proposes changes to mitigate those problems.”

Contacting the USCIS Ombudsman’s office can be very beneficial for those with a pending K1 visa or K3 visa application. However, the office should not be contacted simply to request information regarding the status of a pending case as the USCIS website is probably the more appropriate place to seek this information.

This author hopes that the appointment of this new Ombudsman will further protect the interests of those processing their application with USCIS. With that in mind, in recent months the USCIS Service Centers seem to be processing applications with a great deal of efficiency and there does not appear to be any reason to believe that this will not continue in the future. It should be noted that the Ombdsman does not oversee the administration of the US Embassy Thailand. The Department of Homeland Security and the Department of State (the agency with jurisdiction over US Embassies and Consulates, like the US Consulate in Chiang Mai) are two separate agencies and their staff do not generally have overlapping jurisdiction. For issues concerning the Embassy it is usually best to contact the Embassy directly.

Tags: American Embassy Bangkok, American Embassy Thailand, American Visa Thailand, Department of Homeland Security, Department of State, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand, USCIS, USCIS Ombudsman, USCIS website
Posted in 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 | No Comments »

In the United States of America it is often necessary to obtain a marriage license before getting married. For those living in Thailand marriage can be a major issue and a commonly asked question is: do I need a marriage license before my Thai fiancee and I can execute a legal marriage in the Kingdom. Strictly speaking, a marriage license is not necessary, but there are certain formalities that must be met before a couple can be legally wed in Thailand.

In cases where a Thai wishes to marry a Thai, the process is relatively simple because the couple must simply go to their local Amphur office (also known as an Amphoe office or Civil Registrar’s office). Once the couple arrives at the Amphur they must present their Thai Identification cards and a marriage can be registered relatively quickly.

In cases where a Thai Citizen wishes to marry a foreigner (also known as a Farang in the Thai language), the requirements are somewhat more stringent. This is due to the fact that the foreign national must prove up his or her single status. This is usually done by traveling to the foreign national’s Embassy or Consulate. Generally, an Embassy or Consulate can provide documentation that proves the applicant is legally free to marry. For American Citizens, such documentation can be obtained at the American Citizen Services section of the United States Embassy in Bangkok or the US Consulate in Chiang Mai. Once this documentation is obtained it must be translated and legalized before the Amphur will accept it for marriage registration purposes.

Occasionally, two foreign nationals seek to register a Thai marriage. In cases such as this the couple must obtain the previously mentioned documentation proving single status. In a case where both parties are of different nationality, then different procedures may be required as two separate Embassies must be contacted. The requirements for obtaining documentation for a marriage in Thailand are not uniform. Each Embassy has its own protocols regarding what type of documentation it will issue and what supporting documentation must be submitted before the Embassy will certify an applicant as legally free to marry. With that in mind, those interested in registering a Thai marriage should learn what their Embassy requires to issue a single status affidavit.

To sum up, although Thai officials do not require a marriage license before a marriage will be registered, they do require that the parties prove that they are both free to marry. Proving this can be difficult for some foreign nationals as each Embassy has their own rules for issuing affidavits of single status.

On a related note, those wishing to execute a Thai prenup should register it and the marriage simultaneously. Otherwise, the Thai courts may later refuse to recognize the agreement in the event of divorce.

Tags: American Citizen Services, Amphoe office, Amphur Office, Thai Civil Registrar, Thai MArriage Registration, Thai prenup, Thailand Civil Registrar, Thailand Marriage Registration, thailand prenuptial agreement, us embassy bangkok, us embassy thailand
Posted in Legal Opinion, Miscellaneous, Thai Family Law, Thailand Marriage Registration, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration | 1 Comment »

In recent months, the former Prime Minister of Thailand, Thaksin Shinawatra, has been in the news as he evades requests for extradition from the Kingdom of Thailand. The website Thaivisa.com is reporting the following:

“Thaksin’s name in passports issued by Nicaragua, Uganda and Montenegro has been changed to “Takki Shinegra,” he said. The Thai government has revoked Thaksin’s diplomatic passport issued during his premiership. He was believed to have an ordinary Thai passport. Some African countries have issued him a special passport to facilitate his travels and his visit to the countries. [Vice Foreign Minister] Panich said Thaksin’s new name may cause problem for Thailand’s attempt to bring him back to face two-year jail term on charge of corruption.” [sic]

The change of Mr. Thaksin’s name is a major obstacle for those who wish to make him return to Thailand. Thaivisa.com further quotes Mr. Panich:

“Problems can happen when we ask foreign countries to extradite him. We name him in our request as Thaksin Shinawatra but when those countries check his presence, they would not find him because he used different name.” [sic]

The issue of dual nationality and different names is not exclusively the problem of Thai authorities. Many people around the world have dual nationality and in many cases, they have different names depending upon their country of Citizenship. This can create a great deal of consternation for Immigration officials.

Dual nationality is not, in and of itself, a problem for those wishing to obtain US or Thai Immigration benefits. However, it can raise many issues with regard to the identity of the individual seeking the immigration benefit. For example, if an individual is born in Hong Kong under one name, but later takes Australian nationality under another name, then that individual’s birth certificate will not likely match his or her Australian passport. This can lead to problems with Immigration authorities as two names can cause confusion and lead to increased scrutiny.

When petitioning for Immigration benefits in any country, it is often required that the applicant divulge any aliases that they may have. For those applying for a Thailand visa or an American visa this is often required and failure to note an alias could result in relatively serious sanctions.

Many countries allow their citizens to have aliases noted in their passport. For United States Citizens, this is definitely a possibility, but requires approval of  an application to have a different name noted in a US passport. For those resident in Thailand, it is possible to have an alias noted in a US passport, but one must submit an application to the Consular Officer at the American Citizen Services section of the US Embassy in Bangkok or the US Consulate in Chiang Mai. US Embassies and Consulates elsewhere can perform this service as well. Thai Consulates and Embassies could also note aliases in one’s Thai passport, but one must check with the Consulate beforehand as not all posts are able to complete this task.

Tags: American Embassy Bangkok, American Embassy Thailand, American Passport, Thailand Visa, US Consulate Chiang Mai, us embassy bangkok, us embassy thailand, us passport, US Visa
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thailand Embassy, Thailand Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

The K1 visa process is long and complicated. At the end of the process, the K1 visa holder is permitted to enter the United States one time for a duration of 90 days. Unlike a United States Tourist visa, the K1 fiance visa is a dual intent travel document. This means that the bearer is entitled to simultaneous immigrant and non-immigrant intent. Luckily, the K1 visa holder would likely not be placed in expedited removal proceedings based upon the notion that the alien is an undisclosed immigrant without proper documentation. That being said, there are still considerations which must be made before a Thai fiancee enters the United States of America.

The first major issue many American men ask about: Can My Thai fiancee leave the USA after she enters on her K1 visa? She can leave the United States, but doing so would cause her to fall out of K1 status and a new visa would need to be obtained. There is a document called an advance parole travel document which would allow the Thai fiancee to leave the USA and reenter in the same status. That being said, it is never wise to leave the USA after entering on a K1 until after the adjustment of status application is approved. It is wise to make certain the the Thai fiancee does not have any pressing concerns that must be dealt with abroad. Some circumstances cannot be foreseen, but it is not advisable to plan on turning around and leaving the USA shortly after entering on a K1.

Upon reaching a port of entry in the USA, the Thai fiancee will pass through Customs and Border Protection (CBP). This is the point at which she will need to present her visa. Most people do not realize that the visa is not merely the document in her passport, but also a large amount of documentation that the Embassy gives her after approving the application. This documentation is remitted in a sealed envelope which is not to be opened by anyone other than the CBP Officer. Generally, the CBP officer will ask some routine questions and usually admit the alien fiancee. In very extreme cases, it may be possible for a CBP officer to turn the entrant away. However, this author has yet to see a K1 visa holder turned away at the port of entry. With this in mind, couples should keep an eye upon the expiration date of the visa as this is critically important. If the visa expires before entry, then the entrant will need to reapply for a new visa at an Embassy or Consulate in Thailand.

Tags: advance parole, CBP, dual intent, Fiance Visa, Fiance Visa Thailand, K-1 Visa, K-1 Visa Thailand, K1 Visa, K1 Visa Thailand, my thai fiancee, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 1 Comment »

We discuss the K1 visa on this blog frequently. A K2 visa is a derivative child visa designed for the child of a beneficiary of a K1 fiance visa. Under the government interpretation of US Immigration law. Children in the United States of America on a K2 visa who fail to adjust their status before the age of 21 “age out,” and must leave the country, apply for a new visa, and then return to the USA on an Immigrant visa. Unfortunately, this system can result in a delay of months or years for the would-be K2 visa beneficiary as Immigrant visa applications for the 21 year old step children of US Citizens can take as long as 3-5 years to be adjudicated. At the time of this writing, the case known as In Re Qiyu Zhang is pending in the US court system and could change this rule.

Advocates for United States Immigration reform await the outcome of this case with great anticipation as a favorable opinion would provide many new benefits to the children of American Immigrants. The American Immigration Lawyers Association (AILA) has filed a brief in support of ending the “age out” interpretation of the K visa statute. To quote the American Immigration Lawyer’s Association directly:

“[T]he only reasonable interpretation of the K visa provisions is that Congress intended that a K-2 visa beneficiary be able to adjust status within the U.S. even after turning 21. Any other interpretation produces absurd results. Congress explicitly provided that the child of a fiancé(e) K-1 visa holder was eligible for a K-2 visa and admission to the U.S. up until he or she turned 21. Under DHS’ interpretation, K-2 beneficiaries …who are admitted to the U.S. shortly before their 21st birthday, and who thus have insufficient time to complete the adjustment process, must immediately depart the U.S. upon turning 21. Congress certainly did not intend for some K-2 visa beneficiaries to be restricted to a visit to the U.S. – in some cases, for only a matter of days – the result that flows inevitably from DHS’s interpretation of the statute. Instead, as demonstrated below, the statute can and must be interpreted to allow all K-2 visa holders, no matter their age after admission, a viable path to adjust to lawful permanent residence status.”

This writer concurs with the opinion in the aforementioned brief as K2 beneficiaries should be allowed to adjust staus even after they have turned 21. Even though the K2 could technically be considered a dual intent travel document, the primary reason for its use is for children to travel to the US and adjust status. In this case, denying Immigration benefits due to age is too arbitrary and failure to adjust status because one reaches the age of 21 violates the spirit of the K visa statute.

Tags: Add new tag, Adjustment of Status, Adjustment of Status Thailand, Fiance Visa, Fiance Visa Thailand, Fiancee Visa, Fiancee Visa Thailand, K-1 Visa, K-1 Visa Thailand, K-2 Visa, K1 Visa, K1 Visa Thailand, K2 adjustment of status, K2 Visa, k2 visa thailand, US Visa, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, Legal Opinion, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Each year, thousands of American Citizens travel to the Kingdom of Thailand as tourists, business travelers, investors, students, or to visit family in Thailand. In some situations an American Citizen needs something that must be officially issued by an organ of the government of the United States of America. In most cases, the US Citizen can get the official documentation from the American Citizen Services section of the United States Embassy in Bangkok, Thailand. There was a time when many complained about the service at American Citizen Services (also known as ACS), but today this section is very efficient and staffed by very polite service oriented officers.

Of the many things that American Citizen Services does, one of the most important functions is passport issuance. For those that are interested in obtaining a new American passport while in Thailand, it would be wise to contact ACS as they can facilitate passport issuance. For those who have lost a passport in Thailand or had their passport stolen, it is best to report the theft to the police and then proceed to the American Citizen Services section to obtain a new passport.

It should be noted that it may be possible in limited cases for American Citizens to receive a second passport from ACS. Second passports are rarely issued, but for certain travelers a second passport may be a necessity. Therefore, American Citizen Services and the Department of State may grant a second passport to worthy applicants.

Those that need an American notary can go to the American Citizen Services section because the Consular Officers can notarize documentation for official purposes. Please note that there is a charge for this service and one should check the US Embassy website for an updated fee quotation.

Those getting a Thai drivers license may need to go to American Citizen Services as it may be necessary to fill out an affidavit regarding one’s residence. The same can be said for one who wishes to register a marriage in Thailand as a trip to American Citizen Services may be required.

Some are under the mistaken impression that American Citizen Services has a hand in the Amity Treaty certification process for a Thai Company. This is not necessarily true as the American Citizen Services Section generally does not have any direct involvement in this process except for possible notarizations.

American Citizen Services does not generally deal with US visa matters. Although they do assist in producing a document called a Consular Report of Birth Abroad which can be used for obtaining a US passport on behalf of a child of an American Citizen.  The US Consulate in Chiang Mai also has an American Citizen Services section. It fulfills functions similar to its counterpart in Bangkok.

For those interested in visiting ACS it may be advisable to schedule an appointment in advance via their online appointment scheduling service. To learn more visit the ACS webpage here.

Tags: ACS, ACS Bangkok, ACS Thailand, American Citizen Services, American Citizen Services Bangkok, American Citizen Services Thailand, American Embassy Bangkok, American Embassy Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in General Legal Information, Thailand Marriage Registration, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa Thailand | 1 Comment »

In previous posts on this blog we have provided information regarding the updated processing time estimates for K1 visa applications, K3 visa applications, and CR1 visa applications. This is simply an update as to the processing times at the time of this writing. For more information please see other posts on this blog or the website of the United States Citizenship and Immigration Service (USCIS). To go to the USCIS website directly, please click here.

That being said, the following are the processing times for the USCIS Service Center in California. Please note that the I-131 application is for an advance parole travel document.

These are the estimated processing times for the USCIS Service Center in Vermont. Please note that the I-131 application is for an advance parole travel document

Always remember that USCIS Processing times are estimates only as each and every case is unique and therefore determining the processing time of one particular case can be very difficult.

Tags: advance parole, Fiance Visa Thailand, K1 Visa Process, K1 visa processing time, K1 Visa Thailand, K3 Visa Process, K3 Visa processing time, K3 Visa Thailand, US Visa Process, US Visa Processing Time, US Visa Thailand, USCIS Processing Times
Posted in CR1 Visa, Fiance Visa Thailand, General Legal Information, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In a previous post on this blog we discussed how the Center for Disease Control, in conjunction with the Department of Homeland Security (DHS) and the United States Citizenship and Immigration Service (USCIS), is in the process of taking HIV off of the list of diseases that will bar entry into the USA. Recently, it has come to this author’s attention that the vaccine for the Human Papillomavirus (HPV) will no longer be a requirement for those seeking to immigrate to the United States of America. Under the current regulations, it is required that all applicants seeking an Immigrant visa, or a non-immigrant dual intent visa such as a K1 visa or K3 visa, are required to be vaccinated against HPV if they are under the age of 26 at the time of application. This requirement can lead to considerable expense for those wishing to obtain United States Immigration benefits.

The American Immigration Lawyers Association (AILA), recently released information from the Final Notice on Criteria for Vaccination Requirements, the follow are excerpts from that notice:

“On April 8, 2009, the Centers for Disease Control and Prevention (CDC) published a notice in the Federal Register (74 FR 15986) seeking public comment on proposed criteria that CDC intends to use to determine which vaccines recommended by the Advisory Committee on Immunization Practices (ACIP) for the general U.S. population should be required for immigrants seeking admission into the United States or seeking adjustment of status to that of an alien lawfully admitted for permanent residence. This final notice describes the criteria that CDC has adopted.”

The notice goes on to discuss the criteria that the CDC and US Immigration officials use to determine whether or not intending immigrants should be required to get a vaccination. After a detailed analysis of the guidelines, policy, and regulations the report concludes:

“Therefore, because HPV does not meet the adopted criteria, it will not be a required vaccine for immigrant and adjustment of status to permanent residence applicants.”

The proposed rule will likely be effective early in 2010. However, it should be noted that until the rule is finalized the current rules and regulations still stand. Therefore, those intending immigrant being interviewed at the time of this writing must still get the required HPV vaccination if they are under the prescribed age. Currently, this is not a requirement for tourist visas, student visas, and exchange visitor visas as such travel documents are classified as non-immigrant. Even though the K1 fiance visa and K3 marriage visa are technically non-immigrant visas they are treated as immigrant visas for the purposes of the aforementioned rule because these visas allow for dual non-immigrant and immigrant intent.

Tags: American Visa Thailand, Fiance Visa Thailand, HPV Vaccine, K1 Visa Thailand, US Visa Thailand, USA Visa Thailand
Posted in Adjustment of Status, 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 Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS | 1 Comment »

In a previous post the issue of the G-28 Notice of Attorney Appearance was discussed. The United States Citizenship and Immigration Service had changed the form in order to update its contents to more accurately convey information regarding the exact nature of an attorney’s representation of a client before the various agencies under the jurisdiction of the Department of Homeland Security. Recently, this author has learned through the American Immigration Lawyers Association that USCIS will continue to accept the old form and will not reject an application simply for utilizing the previous form. To quote USCIS through AILA:

“U.S. Citizenship and Immigration Services (USCIS) announced today that the previous version of the Notice of Entry of Appearance as Attorney or Representative (Form G-28) will be accepted until further notice… On Oct. 1, 2009, USCIS announced the publication of a new Form G-28 and provided a 30-day grace period, until Oct. 30, for accepting previous versions at the USCIS Lockbox facilities or USCIS Service Centers. USCIS encourages attorneys and accredited representatives to use the new Form G-28, however, USCIS will not reject filings of the previous Form G-28 version until further notice. This will allow law students who represent immigrants to use the previous form until changes can be made to the form to accommodate their unique situation.”

As stated previously, the submission of a G-28 puts the United States government (in the form of the Department of Homeland Security, Immigration and Customs Enforcement, Cutoms and Border Protection, and the United States Citizenship and Immigration Service) on notice that an attorney has officially entered their appearance in the case.

Also a G-28 is an effective way of determining if one is dealing with an actual attorney or simply working with a “visa company,” “visa agency,” or phony unlicensed “lawyer.” Unless the government is willing to correspond directly with one’s attorney it may be wise to seek representation elsewhere because this is an integral component of the Immigration attorney-client relationship.

Each and every US Embassy or US Consulate is under the jurisdiction of the US Department of State and not the Department of Homland Security. Therefore, a G-28 has no bearing on these organs of government, but the US Embassy will correspond with an attorney in matters pertaining to a visa application if the attorney is licensed to practice in the USA. That being said, generally the Embassies and Consulates will not deal with unlicensed so-called “lawyers,” and as a result, such an individual can be of little assistance in processing US visa applications.

Tags: AILA, G-28, G28, Immigration attorney, Immigration Lawyer, New G-28, New G28, Old G-28, Old G28, US Visa, US Visa Thailand, USCIS
Posted in Fiance Visa Thailand, General Legal Information, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Legal Opinion, Miscellaneous, Thailand Business, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

There are many people throughout the United States who seem more and more unhappy with the current state of gay rights issues. This unhappiness seems particularly acute when discussing the issue of DOMA (the Defense of Marriage Act). Under current United States Federal law same sex marriages are not recognized by the Federal Government. Therefore, United States Immigration benefits based upon marriage cannot be extended to the same-sex partners of US citizens as same sex marriage is not recognized as a “marriage” for purposes of US Immigration.

Many have advocated either the repeal of the Defense of Marriage Act or the enactment of some federal legislation which would allow for same sex immigration benefits notwithstanding DOMA. A recent example of the latter is the Uniting American Families Act (UAFA) which would provide US Immigration benefits to “permanent partners” of US Citizens and Lawful Permanent Residents. Most efforts to provide same sex immigration benefits have been in vain which has created frustration in the LGBT community as well as amongst advocates for civil rights.

In recent months there has been talk of repealing the “Don’t Ask Don’t Tell” policy in the US military. Also, the US State Department has issued internal rules granting Immigration benefits, in the form of diplomatic and official passports, to the same sex partners of State Department employees working abroad. Many feel that these are “half measures,” simply designed to placate advocates for LGBT rights.  The following, quoted from this source, sums up the feeling of consternation:

Noticeably absent from this civil rights agenda is the repeal of the Defense of Marriage Act. Apparently a Democratic majority in the House, a Democratic super-majority in the Senate, and a Democratic president in the White House isn’t quite enough to get a repeal passed. Of course, other major issues are confronting the nation, and issues dealing with same-sex marriage often bring with them volatile politics. But, with the prospect of trimmed Democratic majorities in Congress after the 2010 midterm elections, is it really unreasonable for the LGBT community to expect action on DOMA now, as opposed to potentially a decade from now, maybe later? [Emphasis in original]

As can be seen from the above quote, the real issue for many is the repeal of DOMA. This legislation lies at the heart of most legal restrictions placed upon same-sex couples in the United States. Currently, the legality of DOMA is also being weighed in the US Federal Courts, but the outcome is far from certain. The repeal of DOMA is likely to remain a controversial issue in the future. A repeal of these restrictions will likely mark a watershed moment for American Civil Liberties.

Tags: Defense of Marriage Act, DOMA, gay immigration, gay us immigration, gay us visa, gay visa, lgbt immigration, LGBT US Visa, same sex us visa, same sex visa, uafa, Uniting American Families Act
Posted in General Legal Information, Legal Opinion, Miscellaneous, US Visa and Immigration, US Visa Thailand | 1 Comment »