Integrity Legal

In recent months the likelihood of a government shutdown seems to be increasing as the politicians in the United States capital seem to be more polarized than ever. Meanwhile, some are arguing in favor of a shutdown (even going so far as to advocate for an extended period of governmental closure). At the same time, others argue against a shutdown. Regardless of one’s opinion either way, it seems possible that a shutdown may occur, and in the event that a shutdown does come to pass, those processing an immigration matter may be prudent to research the impact that a shutdown might have upon the immigration process.

The following was quoted directly from a recent posting on the website CaldwellTeaParty.org:

The next month will be marked by intense negotiations on the debt ceiling, and the GOP will then have to decide on a shutdown or a bipartisan budget deal with Kent Conrad and his allies.

The above citation most clearly and concisely sums up the current state of affairs regarding the possibility of a government shutdown. The administration encourages readers to click on the above links as this issue is quite complex. Those interested in understanding the ramifications of a government shutdown may be best informed by this administration quoting directly from Wikipedia:

A government shutdown occurs when a government discontinues providing services that are not considered “essential.” Typically, services that continue in spite of a shutdown include police, fire fighting, armed forces, utilities, air traffic management and corrections.

A shutdown can occur when a legislative body (including the legislative power of veto by the executive) cannot agree on a budget financing its government programs for a pending fiscal year. In the absence of appropriated funds, the government discontinues providing non-essential services at the beginning of the affected fiscal year. Government employees who provide essential services, often referred to as “essential employees”, are required to continue working.

Although the above citation clears up the issue of what constitutes a government shutdown, the question likely on the mind of those with foreign loved ones processing through the immigration system is: how would a government shutdown impact the processing of my loved one’s visa? The answer: a Federal government shutdown would result in a sort of “freeze” of most of the immigration apparatus as this falls within the bailiwick of the Federal government. Therefore, a Federal shutdown would likely result in little, if any, action being taken with regard to adjudication of visa applications  at each US Embassy or US Consulate abroad. For further insight it may be best to quote directly from a recent posting on the Diplopundit blog:

In 1995, all visa applications are walk-in.  Today, a good number of consular sections have online appointment systems. Which means, visa appointments will have to be canceled and rescheduled if there is a shutdown.  Consular sections may only be open for life and death emergencies. That means lost passport applications, reports of births abroad, adoption cases, notarials, etc. will all have to wait until the Federal government reopens.

The administration of this blog highly encourages readers to click on the above hyperlinks as the quotation above was found in a very interesting and detailed posting dealing with these issues.

Clearly, the ramifications of a government shutdown will be severe for those awaiting processing of a visa application. Meanwhile, it would appear as though USCIS will continue to operate as normal despite a possible shutdown. To quote directly from the website Martindale.com:

USCIS has announced that, because it is funded by filing fees, it should remain open during a government shutdown. The operations of the four Service Centers should remain largely unaffected. Local USCIS District Offices should also remain open.

Again, this blogger highly encourages readers to click on the hyperlinks above to learn more.

Notice that the above quotation uses the word should. This blogger only points this out as it goes to show how difficult it is to foretell what the impact of a government shutdown would be on the United States Citizenship and Immigration Service (USCIS) since that agency has attempted to remain self-funded through application fees. That said, the overall issue of government shutdown has yet to fully manifest itself, but that should not be construed to mean that it will not. In fact, those seeking American visas are likely to see an overall slowdown in the overall processing of cases as a result of a shutdown (should one actually occur, which remains to be seen).

Tags: American government shutdown, American Visa Process Government Shutdown, US Consulate shutdown, US Embassy shutdown, US government shutdown, US Visa Process Government Shutdown, USCIS shutdown
Posted in CR1 Visa, Department of Homeland Security, E1 visa, E2 Visa, EB5 Visa, I-601 Waiver, IR1 Visa, J1 visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, News, Transportation Security Administration (TSA), US Business, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Vladivostok, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Brunei Darussalam, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Kyrgyz Republic (Kyrgyzstan), US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Russia, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Taxes, US Tourist Visa, US Visa, US Visa and Immigration, US Visa Thailand, USCBP, USCIS, USICE, Visa Waiver | No Comments »

It recently came to this blogger’s attention that the Department of Homeland Security‘s United States Citizenship and Immigration Service (USCIS) has implemented a program to issue advance parole authorization on the same document as that of employment authorization. To quote directly from the official website of the United States Citizenship and Immigration Service (USCIS):

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents.

The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads, “Serves as I-512 Advance Parole.” A card with this text will serve as both an employment authorization and Advance Parole document. The new card is also more secure and more durable than the current paper Advance Parole document.

For those who are unfamiliar with the K-1 visa process, the adjustment of status occurs after a foreign fiancee arrives in America, marries the American petitioner, and files to have their status regularized to that of Lawful Permanent Resident. The card that is given to the foreign spouse is often colloquially referred to as a “Green Card”. Prior to adjustment of status, if a foreign fiancee leaves the USA, then they will need to obtain an advance parole travel document in order to keep their visa status alive and thereby permit reentry to the USA. Failure to obtain advance parole could result in a foreign fiancee losing his or her visa upon departure from the USA and thereby compelling them to go through the whole process anew.

An employment authorization document permits foreign fiancees in the United States on a K-1 visa to work prior to being approved for Green Card status. In many instances, couples opt not to apply for employment authorization and simply await the foreign fiance’s adjustment to Lawful Permanent Residence.

Once a foreign fiance is adjusted to lawful permanent residence, he or she may still be required to eventually apply for a lift of conditions. Those in the USA as a lawful permanent resident based upon marriage are placed in conditional status for the first two years of their presence in the USA if the couple was married less than 2 years at the time they acquired lawful permanent residence.

The above analysis could be utilized for K3 visa purposes as well. However, as the K-3 visa is currently being issued in very rare instances due to administrative closure policies at the National Visa Center, this blogger only mentions this issue as an aside.

For related information please see: K-1 Visa Thailand.

Tags: Adjustment of Status, Green Card, K-1 Visa, K-1 Visa Burma, K-1 Visa Cambodia, K-1 Visa China, K-1 Visa India, K-1 Visa Indonesia, K-1 Visa Laos, K-1 Visa Malaysia, K-1 Visa Myanmar, K-1 Visa Taiwan, K-1 Visa Thailand, K-3 Visa, K-3 Visa Cambodia, K-3 Visa China, K-3 Visa India, K-3 Visa Indonesia, K-3 Visa Laos, K-3 Visa Myanmar, K-3 Visa Taiwan, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, Lawful Permanent Residence
Posted in Adjustment of Status, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

While surfing the World Wide Web, this blogger came across an interesting piece on the Diplopundit blog pertaining to the United States Embassy in Bangkok, Thailand. The administration of this blog highly recommends that readers go to the Diplopundit blog to read the entry in its entirety. That said, the following was quoted directly from the aforementioned blog:

We understand that Bangkok’s FY 2009 NIV workload declined by over 20,000 cases from its FY 2008 high. The IV workload also declined from a FY 2006 high of approximately 8,500 to fewer than 3,000 cases in FY 2009. Still — we feel bad for the ELOs [English Language Officers] — no counseling, late performance reviews and a rotation program that spans 3-4 months — are not/not great introductions to a new career.

There is obviously a leadership disconnect here. The CG meets with the officers regularly but the Visa Chief reportedly does not, and neither were “regular participants in [visa] line work.” Ever wonder how this translates to — lead by example? Or building great teams?

The above quotation seems to drip with a certain level of sarcasm while maintaining a genuine concern for efficiency at American Missions abroad. That stated, this blogger cannot comment upon the caseload, processing policies, or personnel issues at the US Embassy in Bangkok due to a general lack of personal knowledge regarding the overall staffing situation at the Post. However, this blogger can state from personal experience that the officers at the US Embassy Thailand really did “go above and beyond” during the year 2010.

The Kingdom of Thailand saw a great deal of political, economic, and social turbulence in 2010. Most notable for those interested in matters pertaining to the US Embassy was the fact that the Post was closed for a number of days due to the riots in the late spring and early summer in Bangkok, Thailand. The so-called “Red Shirts” mounted a protest which eventually lead to a government crackdown, but not before causing major disruptions in the Bangkok Metropolitan area. The reason this riot is pertinent to this posting is the fact that this blogger personally saw, on more than one occasion, Consular Officers, of virtually every level, at the US Embassy in Bangkok going out of their way to assist and provide services to people leading right up to the actual crackdown (the same could also be said for the USCIS office in Bangkok, but that is a digression from the point of this posting).

In many ways, the situation in Bangkok could have been detrimental to the health and safety of the Consular Officers at the Post, but said employees continued to diligently perform their duties nonetheless. Although none of this goes precisely to the heart of the issues discussed in the Diplopundit blog posting this blogger felt that it should be noted in order to provide a human, if somewhat intangible, perspective on the situation in Bangkok over the past year. Perhaps this blogger is being “soft,” but it is simply the opinion of this blogger that credit ought to be given where it is due.

For related information please see: K-1 Visa Thailand.

Tags: American Embassy, American Embassy Bangkok, American Embassy Thailand, American Visa Thailand, Bangkok Riots, K-1 Visa Thailand, K1 Visa Thailand, Red Shirt Riots, Riots in Thailand, US Embassy, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in us embassy bangkok, US Embassy Thailand | No Comments »

Those who read this web log with any frequency may have noticed that the administration routinely posts the estimated processing times of the United States Citizenship and Immigration Service (USCIS) as both a courtesy to our clients and the public-at-large. The following estimated processing times were quoted directly from the official website of the United States Citizenship and Immigration Service (USCIS):

Those pondering the prospect of petitioning for Immigration benefits should note that the above estimated processing times only account for USCIS processing and do not take into account possible processing at the United States National Visa Center (NVC) as well as Consular Processing times at a US Embassy, US Consulate, American Institute, or US Mission abroad.

For related information please see: US fiance visa.

Tags: American Institute, National Visa Center, United States Citizenship and Immigration Service, United States Citizenship and Immigration Service processing time, United States Citizenship and Immigration Service processing times, US Consulate, US Embassy, US Fiance Visa, USCIS
Posted in American Institute Taiwan, CR1 Visa, Department of Homeland Security, EB5 Visa, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, US Citizenship, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

There was a recent story on the Telegraph.co.uk website entitled, “Boy, 9, has Disney World trip ruined after US Immigration rules him a threat” it was reported that a 9 year old child was denied a US tourist visa to the United States. To quote directly from the article:

They said there was a risk he would not leave the US at the end of his holiday and refused his application under Section 214 (b) of the Immigration and Nationality Act.

This blogger noticed in the title of the original article that the use of the term “US Immigration” may have been somewhat opaque as the visa application was likely filed with a US Consulate under the jurisdiction of the United States Embassy in the United Kingdom and not the United States Citizenship and Immigration Service (USCIS) in the USA. That said, the article describes the visa application of a child in the United Kingdom and the denial of the application. The child’s parents were attempting to surprise him with a trip to Disney World in the US State of Florida. To quote further directly from the article itself:

Micah [the proposed beneficiary of the US B-2 Visa sought] was born in Britain and has lived in Middlesex all his life with his mum Claudia Lewis.

He holds a South African passport because his grandparents Kathy and Edward, who have lived and worked in Britain since 1990, only got him a South African passport.

They are originally from South Africa.

A letter from Micah’s primary school was included in his visa application confirming he attended the school.

But the US Embassy’s rejection letter to Micah said: “Because you either did not demonstrate strong ties outside the United States or were not able to demonstrate that your intended activities in the US would be consistent with the visa status, you are ineligible.”

His grandmother Kathy, from Brixton, South London, said: “It was going to be a total surprise. He would have loved it.

This blogger highly recommends that those interested in this heartfelt story go to the Telegraph website and read further.

Section 214(b) of the United States Immigration and Nationality Act is a provision which creates a legal presumption in the eyes of adjudicating Consular Officers at every US Mission abroad (US Embassy, US Consulate, American Institute, Visa Units, etc.) that an applicant for a United States visa is actually an undisclosed intending immigrant. Overcoming this presumption often occurs when a Consular Officer feels that, as opposed to the factual citing from the denial noted above, the applicant has shown “strong ties” to their country of origin, or another country abroad, and, simultaneously, “weak ties” to the United States.

In another section of the aforementioned article the author noted that the couple had spent a considerable sum of money purchasing plane tickets in anticipation of the proposed holiday in the USA. As noted in previous postings on this blog, it is not generally prudent in visa application proceedings to assume a particular outcome as issuance of United States travel documents to foreign nationals is not considered a foregone conclusion nor a “formality”. The circumstances mentioned above are unfortunate as they were unexpected and costly (in both monetary and emotional terms). Those foreign nationals wishing to travel to the United States should not make irrevocable travel arrangements until such time as a US visa has been issued and remitted to the applicant.

That said, the one major factor that could materially alter the outcome of another visa application in a case such as this: a UK Passport. As noted in the section quoted above from the US Embassy the applicant did not show “strong ties” to the UK or another country abroad. If the child always lived in the UK, but never possessed a UK passport and, as noted in the above cited section; never lived in South Africa, but was attempting to use a South African passport to travel to the US, then could it be inferred that the child’s ties to either country were attenuated? Possibly, and without knowing further about details, that may very well have been the reason for denial. However, as all cases are adjudicated based upon the unique facts under the circumstances any analysis of the aforementioned denial is merely an exercise in speculation.

It is generally imprudent to continuously resubmit American visa applications when there has been no material change to the facts of one’s case. However, when circumstances do change materially, then a subsequent application may not be frivolous. In the eyes of the law in many jurisdictions a change in nationality, the acquisition of nationality, the registration of nationality, or the naturalization to a new nationality all come with a host of different legal rights, obligations, and privileges not least of these may be a passport. Perhaps, after acquiring a UK Passport on behalf of the child, if eligible for such a travel document, another visa application would be approved? Better yet, upon acquisition of a UK Passport, the child in the article may be eligible for the visa waiver program, although his previous US visa denial would need to be noted in the Electronic System for Travel Authorization (ESTA) registration system.

Hopefully those thinking of applying for a US Tourist Visa in the future will take note of the fact that one’s nationality is an important facet of any immigration petition or visa application.

For related information please see: US Visitor Visa.

Tags: American Visa Denial, American Visa Denied, Immigration and Nationality Act, INA, nationality, Naturalization, Section 214(b), Telegraph, US Consulate, US Consulate UK, US Embassy, US Embassy UK, US Immigration, US Visa, us visa denial, US Visa Denied, Visa Unit
Posted in American Institute Taiwan, Legal Opinion, News, Opinion, US Citizenship, US Consulate ChengDu, US Consulate Chennai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Tourist Visa, US Visa, US Visa and Immigration, USCIS, Visa Waiver | No Comments »

สำหรับผู้ที่อ่านบล็อกอยู่เป็นประจำคงไม่มีข้อสงสัยว่า ทำไมผู้เขียนจึงพยายามที่จะแจ้งตารางวันหยุดของสถานทูตสหรัฐอเมริกาและภารกิจนอกสหรัฐอเมริกาเพื่อความสะดวกแก่ผู้เดินทางที่ต้องการใช้บริการในต่างประเทศ ข้างล่างนี้เป็นวันหยุดของสถานทูตอเมริกาประจำประเทศไทยตามที่อ้างในเว็บไซต์ทางการของสถานทูตอเมริกาในกรุงเทพฯ ประเทศไทย

ผู้ที่ประสงค์จะรับบริการของกงสุลเช่นบริการรับรองลายมือชื่อ และหรือการออกหนังสือรายงานการเกิดในต่าง

ประเทศ การทำวีซ่าอเมริกาหรือบริการอื่นๆเกี่ยวกับวีซ่าที่ต้องติดต่อกับส่วนบริการพลเมืองสัญชาติอเมริกันในท้องที่ที่ตั้งอยู่

ในแต่ละปี มีคู่ไทย-อเมริกันเลือกที่จะรับสิทธิประโยชน์เกี่ยวกับคนเข้าเมืองในลักษณะของวีซ่าประเภท K1 หรือ วีซ่าประเภท CR1 ในขณะเดียวกันบริษัทข้ามชาติหลายๆบริษัทหรือนักลงทุนที่ไม่ใช่ผู้มีถิ่นฐานถาวรที่กำลังมองหาแหล่งลงทุนและธุรรกิจโดยอาศัยวีซ่าประเภทL-1สำหรับการรับโอนบริษัทภายใน วีซ่าประเภทE-2สำหรับนักลงทุนที่เดินทางไปยังสหรัฐอเมริกา หรือวีซ่าประเภท EB-5สำหรับผู้ที่ลงทุนในสหรัฐอเมริกาอย่างน้อย 500,000 ดอลลาห์สหรัฐในธุรกิจในสหรัฐอเมริกา ในหลายๆกรณีผู้สมัครชาวไทยที่ยื่นขอวีซ่าดังกล่าวต้องดำเนินการตามขั้นตอนของการขอวีซ่ากับหน่วยวีซ่าหรือหน่วยการเดินทางธุรกิจของสถานทูตอเมริกาในกรุงเทพฯ ประเทศไทย

ผู้ที่ถือสัญชาติไทยที่กำลังมองหาวีซ่าผู้ที่ไม่มีถิ่นฐานถาวรเช่น วีซ่าประเภท J-1(วีซ่าประเภทแลกเปลี่ยนผู้เยี่ยมเยียน) วีซ่าประเภท F-1 (วีซ่านักเรียน) วีซ่าประเภท B-2(วีซ่าท่องเที่ยว) ต้องดำเนินการยื่นคำขอผ่านทางหน่วยบริการวีซ่าประเภทผู้ที่ไม่มีถิ่นฐานถาวรในกรุงเทพฯถ้าผู้สมัครชาวไทยอาศัยอยู่ในเขตอำนาจของกงสุลของสถานทูตอเมริกาในกรุงเทพฯซึ่งตรงข้ามกับเขตอำนาจของกงสุลที่เชียงใหม่ ประเทศไทย

To view this information in English please see: US Embassy.

Tags: American Embassy Bangkok, American Embassy Thailand, US Consulate Bangkok, US Consulate Thailand, us embassy bangkok, us embassy thailand, วันหยุดของสถานทูตอเมริกัน, วันหยุดประจำปีของสถานทูตอเมริกา, วีซ่า B-1, วีซ่า B-2, วีซ่า CR-1, วีซ่า F-1, วีซ่า J-1, วีซ่า K-1, วีซ่าคู่หมั้น, วีซ่าอเมริกัน, สถานทูตอเมริกาประจำประเทศไทย, สถานทูตอเมริกาในกรุงเทพ
Posted in US Consulate Chiang Mai, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, สถานทูตสหรัฐอเมริกาประจำประเทศไทย, ้วีซ่าอเมริกาจากประเทศไทย | No Comments »

The administration of this blog routinely posts the holiday closing schedules of various United States Missions in Asia in an effort to share this information with those Americans or foreign nationals traveling outside of the United States who need to obtain services which can only be provided by an American Post abroad. The following is the holiday closing schedule of the US Embassy in Hanoi, Vietnam as quoted from the US Embassy’s official website:

The following list of official holidays for 2011 has been approved consistent with the provisions of 3 FAM 2336 (American holidays) and the revised Article 73 of the Vietnamese Labor Code. The U.S. Embassy will be closed on these days.

V = Vietnamese Holidays
A – American Holidays

Those seeking services such as issuance of a Consular Report of Birth Abroad, US Passport, or addition of visa pages to an already issued US Passport are well advised to contact the American Citizen Services Section of the nearest US Embassy, US Consulate, American Institute, or US Mission with appropriate Consular jurisdiction.

Those seeking the homepage of the official website of the US Embassy in Hanoi, Vietnam should click HERE.

Those seeking information regarding matters pertaining to United States Immigration are well-advised to contact a licensed American lawyer in order to receive advice and counsel regarding the practical implications of the application of relevant American Immigration law.

Those seeking Non-immigrant visas such as the B-2 visa for tourists, the B-1 visa for business travelers, the J-1 visa for cultural exchange visitors, or the F-1 visa for students are likely to have their visa application processed through the Non-immigrant Visa Unit of the nearest American Mission.

Generally, those seeking US family based visas are required to process their application through an Immigrant Visa Unit of a US Mission abroad. For purposes of visa application processing the non-immigrant US fiance visa (the K-1 visa category) is treated in essentially the same manner as the Immigrant spouse visas such as the CR1 Visa or the IR1 Visa.

Those seeking business and/or investment based visas such as the EB-5 visa or the L-1 visa are generally required to process an Immigration petition at the Department of Homeland Security‘s United States Citizenship and Immigration Service (USCIS) prior to Consular Processing of the visa application.

For related information please see: US Visa Vietnam or K-1 Visa Vietnam.

Tags: American Citizen Services Vietnam, American Embassy Hanoi, American Embassy Vietnam, American Visa Vietnam, B-2 Visa Vietnam, Consular Report of Birth Abroad Vietnam, CR-1 Visa Vietnam, EB-5 Visa Vietnam, F-1 Visa Vietnam, IR-1 Visa Vietnam, K-1 Visa Vietnam, K1 Visa Vietnam, L-1 Visa Vietnam, US Embassy Hanoi, US Embassy Vietnam, US fiance visa Vietnam, US Passport Vietnam, US Student Visa Vietnam, US Tourist Visa Vietnam, US Visa Vietnam, USA Visa Vietnam
Posted in CR1 Visa, EB5 Visa, IR1 Visa, J1 visa, K1 Visa, K2 Visa, K3 Visa, L1 Visa, US Consulate HCMC, US Embassy Hanoi, US Embassy Vietnam, US State Department, US Tourist Visa, US Visa, US Visa and Immigration, USCIS | No Comments »

For those who read this blog with any frequency it has no doubt been noted that the administration often attempts to post the holiday closing schedules of the various US Embassies and Missions outside of the United States of America as a convenience to travelers who may be in need of services abroad. Below is the is the holiday closing schedule for the United States Embassy in the Kingdom of Thailand as quoted from the official website of the US Embassy in Bangkok, Thailand:

Those interested in receiving Consular services such as notary services and/or issuance of a Consular Report of Birth Abroad, US Passport, or additional visa pages are well advised to contact an American Citizen Services Section of the nearest US Mission with Consular jurisdiction over the area in which one is located.

Those wishing to find the US Embassy in Bangkok’s official website homepage please click Here.

Each year, many Thai-American couples opt to seek US immigration benefits in the form of travel documents such as the K-1 visa or the CR-1 Visa. Meanwhile, many multi-national companies or individual immigrant investors seek investment or business based visas such as the L-1 visa for intra-company transferees, the E-2 visa for Treaty Investors traveling to the USA, or the EB-5 visa for Immigrant Investors making a minimum $500,000 investment in an eligible program in the United States. In most cases, Thai applicants for the visas noted above will be required to process their visa application with the Immigrant Visa Unit or Business Travel Unit of the US Embassy in Bangkok, Thailand.

Those Thai nationals seeking Non-immigrant visas such as the J-1 visa (Exchange Visitor Visa), F-1 visa (Student Visa), B-2 visa (Tourist Visa), or the B-1 Visa (Business Visa) must process their application through the Non-immigrant Visa Unit in Bangkok if the Thai applicant resides within the Consular jurisdiction of the US Embassy in Bangkok as opposed to the Consular jurisdiction of the US Consulate-General in Chiang Mai Thailand.

Those interested in learning further information about the process of obtaining a United States visa from the Kingdom of Thailand please see: US Immigration.

Tags: American Embassy Bangkok, American Embassy Thailand, American Visa Thailand, B-2 Visa Thailand, CR-1 Visa Thailand, CR1 Visa Thailand, E-2 Visa Thailand, EB-5 Visa Thailand, F-1 Visa Thailand, J-1 visa Thailand, K-1 Visa Thailand, K1 Visa Thailand, L-1 Visa Thailand, us embassy bangkok, us embassy thailand, US Embassy Thailand Closed, US Embassy Thailand Holidays, US Visa Thailand, USA Visa Thailand
Posted in US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration | No Comments »

It recently came to this blogger’s attention that the United States Embassy in Indonesia has made great progress in showcasing the USA to the people of Indonesia. In fact, it was recently reported that a new cultural center has been opened in Jakarta, Indonesia with the sole purpose of encouraging American and Indonesian exploration of new technology. To quote directly from the website America.gov:

NEW AMERICAN CULTURAL CENTER IN JAKARTA

After many months of planning, @america, the United States’ first high-tech cultural center, opened to the Indonesian public December 2…

According to the U.S. Embassy in Jakarta, @america is a one-of-a-kind, high-technology American cultural center where visitors can explore, experience and express their interests about the United States in innovative ways. In the physical and virtual spaces of @america, visitors will experience cutting-edge technology, interactive games and live events designed to facilitate people-to-people exchanges virtually and in real life.

The new center, developed by the embassy in collaboration with Indonesian and U.S. partners, aims to expand engagement between young Indonesians and young Americans. The Indonesian firm PT Ganesha Aggies Jaya designed and will manage @america. The center is located in the Pacific Place Mall in Central Jakarta and admission is free.

This author must point out the obvious fact that this new technology center could prove to be a significant platform for cross-cultural communication. It would appear that in the coming years the United States and Indonesia may have increasingly close relations both diplomatically and economically as Indonesia (along with many other countries in Southern and Southeastern Asia) matures both as a nation and as an economic, trade, and manufacturing center. The details of future American-Indonesia relations remain to be seen, but it is clear that both countries can be very beneficial to one another as increased ties and trade is generally a mutually beneficial phenomenon.

Recently, the American President Barack Obama made a highly celebrated visit to Indonesia. It would appear that trip was a success with the Citizens of Indonesia as the President remains popular in this Southeast Asia nation. As many nations in Asia experience economic growth and success the United States of America will hopefully act as a role model for other countries in matters pertaining to technology as the technology sector in the United States remains vibrant compared to industries which were more hard hit by recent economic downturns. It could be argued that through greater technological integration the USA and countries such as Indonesia could form mutually beneficial relationships which result in innovation and increased business opportunities.

For related information please see: US Visa Indonesia, K-1 Visa Indonesia, or  EB-5 Visa Indonesia.

Tags: @America, @America Indonesia, America.gov, American Business Indonesia, American Company Indonesia, American Embassy Indonesia, American Embassy Jakarta, American Visa Indonesia, K-1 Visa Indonesia, K1 Visa Indonesia, US Business Indonesia, US Company Indonesia, US Embassy Indonesia, US Embassy Jakarta, US Visa Indonesia, USA Embassy Indonesia, USA Embassy Jakarta, USA Visa Indonesia
Posted in EB5 Visa, K1 Visa, US Business, US Embassy Indonesia, US Embassy Jakarta, US State Department, US Visa, US Visa and Immigration | No Comments »

This author recently came across an interesting piece of information on the official website of the American Immigration Lawyers Association (AILA). Apparently, the United States legislature has enacted legislation that would simplify the adoption process for Americans adopting a child, or children, outside of the United States of America. To quote directly from a recent AILA posting:

On 11/30/10, President Obama signed into law the International Adoption Simplification Act (P.L. 111-287).

The law amends the INA to include in the definition of “child,” and thus in the exemption from required admissions vaccination documentation, certain children who have been adopted in a foreign country that is a signatory to the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (Hague Convention) or who are emigrating from such a country for U.S. adoption.

It includes in such definition and exemption a child who is under the age of 18 at the time an immediate relative status petition is filed on his or her behalf, has been adopted abroad or is coming for U.S. adoption, and is the natural sibling of: (1) an adopted child from a Hague Convention signatory country; (2) a child adopted under the age of 16 who has lived with the adoptive parents for at least two years, or a child who has been abused; or (3) an orphan who was under the age of 16 at the time an immediate relative status petition was filed on his or her behalf.

The bill was passed in the Senate by unanimous consent on 7/21/10, and passed by the House of Representatives by a voice vote on 11/15/10.

It should be noted that not all countries are signatories to the Hague Convention noted above. However, for the USA, which has joined the Hague Convention, the simplification of the adoption process could result in families being reunited in the USA much more quickly compared to the process in the recent past.

In many ways, the foreign adoption process is somewhat similar to the process of obtaining American immigration benefits for a child purusuant to the provisions of the Child Citizenship Act of 2000. The CCA’s provisions can grant United States Citizenship by operation of law to the natural born child or children of an American Citizen. That said, the process for obtaining such benefits is often very much the same as the process utilized by those Americans wishing to bring a step-child of foreign nationality to the USA. The major difference between these two processes occurs at the United States Port of Entry where children of American Citizens born abroad become US Citizens by operation of law upon admission to the USA on an Immigrant visa in the company of the American parent.

Fore related information please see: Child Citizenship Act.

Tags: Adoption in Asia, Adoption in Thailand, AILA, American Immigration Lawyers Association, Child Citizenship Act, Child Citizenship Act of 2000, Foreign Adoption, Immigrant Visa, International Adoption Simplification Act, United States Citizenship
Posted in American Institute Taiwan, US Citizenship, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa, US Visa and Immigration, US Visa Thailand, USCBP, USCIS | No Comments »