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Integrity Legal

Archive for the ‘US Embassy Thailand’ Category

29th November 2009

The United States Citizenship and Immigration Service (USCIS) routinely issues updates regarding the processing time estimates for cases submitted at USCIS Service Centers in the United States of America. Since this website is dedicated to United States Family visas such as the CR1 visa, IR1 visa, K1 visa, and K3 visa; we have only displayed the processing times for the service centers which process these applications. For more information please see the new USCIS website.

The following are the processing times for the USCIS California Service Center as of September 30, 2009:

I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-129F Petition for Alien Fiance(e) K-3/K-4 – Already married – spouse and/or dependent child 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 October 16, 2004
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 March 02, 2002
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister June 16, 2000
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 August 16, 2006
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 October 02, 2002
I-131 Application for Travel Document All other applicants for advance parole 3 Months

The following are the processing times for the USCIS Vermont Service Center as of September 30, 2009:

I-129F Petition for Alien Fiance(e) K-1/K-2 – Not yet married – fiance and/or dependent child 5 Months
I-129F Petition for Alien Fiance(e) K-3/K-4 – Already married – spouse and/or dependent child 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 5 Months
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 July 03, 2006
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 June 05, 2006
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister June 19, 2007
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 January 19, 2006
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 June 05, 2006
I-131 Application for Travel Document All other applicants for advance parole 3 Months

It should be noted that these processing times are only estimates and every Immigration petition is unique in that it processes at its own pace. Further, these processing times are only relevant with regard to USCIS. The US Embassy in Bangkok and the US Consulate in Chiang Mai process applications after they have received USCIS pre-approval.

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28th November 2009

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.

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27th November 2009

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.

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26th November 2009

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.

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16th November 2009

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.

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14th November 2009

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.

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13th November 2009

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.

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6th November 2009

The United States visa waiver program, not to be confused with an I-601 waiver, allows citizens from certain countries to enter the United States of American without obtaining a visa prior to arrival. In recent years the United States government has implemented ESTA, also known as: the Electronic System for Travel Authorization. ESTA requires that travelers wishing to enter the country on a visa waiver inform the US Immigration authorities prior to arrival so that a pre-screening can be conducted. The United States Department of Homeland Security’s Customs and Border Protection (CBP) Service is tasked with monitoring those seeking travel clearances using the ESTA system. Recently it has been reported by the American Immigration Lawyers Association (AILA) that 221g denials must be reported in the ESTA form, to quote AILA directly:

“CBP recently informed AILA that it, after consultation with the Department of State (DOS), is classifying all §221(g) actions on visa applications as visa “denials.” Thus, Visa Waiver Program (VWP) applicants, who are subject to INA §221(g) refusals, should answer affirmatively in their ESTA applications that they have been denied a visa. This suggestion applies even if the reason for the refusal is due to consular administrative processing. If VWP travelers do not disclose such a “denial” on their ESTA applications or provide an update regarding such “denials,” they may have their ESTA registration rejected or be sent to secondary inspection and potentially refused entry when they apply for admission to the United States.”

This is important to note for those originating from a country participating in the US visa waiver program. For example, if the foreign fiancee of a US Citizen has been issued a 221g with regard to a K1 visa application, then that 221g must be disclosed as a denial on the ESTA form if said fiancee intends to visit the US and the foreign fiancee’s home country participates in this program.

As AILA’s article went on to point out, the Department of State does not even consider 221(g)’s to be outright denials,

Technically, the Foreign Affairs Manual (FAM) classifies a §221(g) action as a visa “refusal,” but DOS explicitly retains authority to “reactivate” the visa application upon receipt of required documents or completion of a government mandated administrative clearance. See 9 FAM 41.121 N2.4.

This situation is a classic example of two different government agencies taking a differing view of the same situation. The Department of State seems to view 221g refusals as administrative refusals to issue a visa without further documentation while the Department of Homeland Security seems to view such refusals as US visa denials that could be viewed as grounds for denying a person’s subsequent entry into the USA.

This issue will likely not be particularly problematic in the Kingdom of Thailand as Thailand is not a country participating in the visa waiver program, but for others around the world this issue could lead to problems entering the USA.

For those in this situation, it is always advisable to be honest, but it may be possible to explain the situation by answering “yes” to the question: Have you ever been denied a U.S. visa or entry? After answering in the affirmative there should be space to explain. Therefore, the applicant probably should note that the denial was: a 221(g), at the Embassy or Consulate (example: US Embassy Bangkok, US Consulate Chiang Mia, US Embassy Burma, etc.),  and the reason for the “denial” (example: Embassy conducted administrative processing, Consulate requested further documentation, etc).

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3rd November 2009

Although this blog primarily focuses upon United States immigration for couples, we sometimes overlook the fact that the Petitioner may be a woman and the Beneficiary may be a man. Many American women in Thailand meet and fall in love with Thai men. Eventually the US Citizen must return to America and the couple begins to research options for the Thai national’s entrance into the USA.

One of the first visa categories that many couples look at is the category B2 visa also known as the tourist visa. Unfortunately, as in situations with an American man and a Thai lady, the US Embassy in Bangkok is reluctant to issue such visas to those with an American girlfriend, fiancee, or spouse because the relationship itself constitutes a “strong tie” to the US which is evidence bolstering the presumption of immigrant intent under 214(b) of the United States Immigration and Nationality Act (INA). Many tourist visas sought for Thai loved ones of US Citizens are denied under the above section of the INA.

Fortunately, the US fiance visa may be a possibility for the Thai-American couple as the US citizen fiancee could sponsor the Thai fiance for a K1 visa. This visa would allow the Thai man to come to the USA for 90 days. After arrival, the couple must marry and apply for adjustment of status so that the Thai man will be a lawful permanent resident in the United States. Should the couple not marry, then the Thai must leave the US before the 90 day period of lawful Immigration status ends. Generally, it takes between 6 and 7 months to process a K1 visa.

US marriage visas are also an option for the Thai-American couple. The usual method for receiving marriage visa benefits is for the Thai man to marry the American lady at a local Amphur office (Civil registrar office) in Thailand. Once the couple is legally married they will be eligible to apply for a CR-1 visa by filing an I-130 Immigration petition. It usually takes between 11 and 12 months for such a petition to be processed.

For those who wish to expedite the marriage visa process a K3 visa could be employed to shorten the processing time. It currently takes 8 months to process the supplemental I-129f petition for a K3. This type of visa requires the filing of two petitions. At this time, the K3 visa is probably not the best method of obtaining Immigration benefits because the K1 has a faster processing time and the CR1 visa does not require adjustment of status after entry.

All in all, the US Immigration process is basically the same regardless of each parties gender. That being said, US federal law (the Defense of Marriage Act) still requires that the petitioner and beneficiary be of the opposite sex.

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1st November 2009

Many married couples seeking United States immigration benefits submit an I-129f application for the K3 visa as a supplement to the filing of an I-130 petition for a IR1 or CR1 visa. Essentially a K3 application is a supplemental application because in order to obtain K3 benefits the couple must file a second application. The United States Citizenship and Immigration Service (USCIS) has two service centers where K3 visa applications are adjudicated. The I-130 application is submitted to a different USCIS location. During the USCIS processing phase the two petitions are adjudicated in a similar manner, but once the petitions are approved, the I-129f application for a K3 visa processes in a different manner from the I-130 application for a CR1 or IR1 visa.

The K3 visa process sees the I-129f quickly processed through the National Visa Center in New Hampshire (NVC) and sent to the US Embassy abroad.  Once at the US Embassy the couple will need to gather documentation and prepare for the K3 visa interview. However, this phase of the process begs the question: is it better to adjust status in the USA or wait for the CR1 visa application to process through the NVC and obtain a CR1 visa from the US Embassy abroad? The CR1 visa takes longer to process as packet 3 is sent to the NVC rather than directly to the Embassy. NVC processing of an Immigrant visa (CR1/IR1) can take a great deal of time. However, the benefit of entering in CR1 status is that the Beneficiary enters with Lawful Permanent Residence upon arrival in the USA. Where the Beneficiary enters the US in K3 visa status,  she is not stamped in with lawful permanent residence. Instead she must submit an application for adjustment of status sometime after her arrival in the USA.

In general, it takes approximately 6 months to process an adjustment of status application in the United States. However, the K3 visa beneficiary is entitled to depart from, and return to, the USA while the adjustment is processing because the K3 visa is a multiple entry visa and, once granted, it has a validity of 2 years. However, the adjustment of status process can be costly which is why some couples opt to forego the K3 visa application and simply wait for the approval of the I-130 application for a CR1 or IR1 visa.

It may be possible to have it both ways. A K3 visa beneficiary could go to the USA and return to Thailand to have the CR1 visa interview at the US Embassy in Bangkok. This method is often utilized where a couple wishes to briefly be reunited in order to celebrate the holiday season or an anniversary. Upon the foreign national’s subsequent entry into the USA in CR1 or IR1 status lawful permanent residence will begin and the K3 visa will be effectively nullified.

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