Integrity Legal

There are many misconceptions regarding the authority that officers at the United States Consulate in Thailand have. Many people mistakenly believe that legal concepts such as due process apply to matters going before US Consular officers. In reality, this is not the case. Consular officers have very broad powers when it comes to adjudicating applications for United States visas. There are laws on the books that Consular Officers must observe when determining whether or not a US visa should be issued, but when making factual determinations, the doctrine commonly referred to as Consular Absolutism applies to their decisions.

The Doctrine of Consular Absolutism basically states that the factual decisions of Consular Officers are not subject to appeal. This legal notion is also  called Consular Nonreviewability. In the case of Bustamante v. Mukasey the 9th Circuit Court of appeals concisely summed up the limited scope of judicial review that will be granted with regard to a Consular decisions in visa matters:

“[A] U.S citizen raising a constitutional challenge to the denial of a visa is entitled to a limited judicial inquiry regarding the reason for the decision. As long as the reason given is facially legitimate and bona fide the decision will not be disturbed…”

Showing that a Consular Officer’s reason for their decision is facially illegitimate or not bona fide is extremely difficult, if not, practically impossible. As a result, their decisions regarding visa issuance are essentially final.

Many wonder why Consuls are accorded such broad powers. The reason these officers are granted this ability to make unappealable decisions is based upon the policy argument that a Consular Officer is in the absolute best position to adjudicate the facts of a given visa application. In a way, Consular officers and the Doctrine of Consular Absolutism are the first lines of defense when it comes to preventing the entry of unqualified aliens into the United States of America.  They are also the first line of defense when it comes to determining fraud, misrepresentation, possible terrorist suspects, and facts which could result in a finding of legal inadmissibility. Therefore, Consular officers must be provided with the authority to deny visa applications that they find either suspicious or deficient.

This is why in visa cases involving family members it is very important to prove up the bona fides of the underlying relationship. A K1 visa application is based upon a relationship between a US Citizen and a foreign national. Proving the bona fides of this relationship can be crucial to a favorable decision. This is also true for marriage visas such as the K3 visa and the CR1 visa.

Although, some have questioned the wisdom of granting such broad powers the prerogatives exercised by Consular officers are not abused as those in the Consular Corps perform their duties efficiently, courteously, and thoughtfully. That being said, there are cases where the applicant must be denied for factual reasons. The only way to facilitate this necessity is to provide Consular Officers with a wide degree of discretion in adjudicating visa applications.

Another very valid policy argument for the retention of the Doctrine of Consular Absolutism (Consular Nonreviewability) is based upon the notion that allowing for an appeals process in US visa cases would create a tremendous administrative burden upon the Department of State specifically and the United States government generally. Therefore, it is unlikely that this situation will change in the near future.

Tags: American Embassy Thailand, Consul, Consular Absolutism, Consular Nonreviewability, Consular Officer, US Consulate, US Consulate Bangkok, US Consulate Chiang Mai, US Consulate Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand | No Comments »

United States Immigration law offers many long term benefits for the spouses and fiancees of American Citizens. One of the many questions posed by those American’s researching US Immigration from Thailand is: how does my Thai fiancee acquire United States Citizenship?

There are many misconceptions about who can naturalize as a US citizen and under what circumstances. As a rule, naturalization to US citizenship takes approximately five years, if the applicant is already in lawful permanent resident status. However, for the husband or wife of a United States Citizen, the amount of time necessary to naturalize is greatly reduced. In order for the spouse of an American citizen to naturalize, the spouse must have been in lawful permanent residence for 3 years prior to the application for naturalization. Further, the husband or wife who meets this criterion must also have been physically present in the United States for an aggregate of 18 months prior to application. For United States Immigration and naturalization purposes, half-days in the US are counted as full days when determining physical presence in the United States of America.

For those bringing a Thai fiancee into the United States on a K1 visa, the clock does not begin ticking toward naturalization until the Thai applicant successfully is approved for adjustment of status. The date noted on the adjustment of status approval is the date from which one can begin accruing presence toward ultimate naturalization. In the case of the K3 visa, even though it is a marriage visa, time in the USA does not accrue towards Citizenship until after approval of an adjustment of status application or the applicant returns to the US Embassy for processing of the underlying IR1 or CR1 visa application.

It should be noted, much like the lift of conditionality, one can, and perhaps ought to, file for naturalization ninety days before the applicant hits the three year mark for time in the US in lawful permanent residence.

There are some exceptions to the 3 years plus 18 months aggregate presence requirement. Most notable is the fact that in certain situations, a permanent resident can acquire citizenship after only one year in lawful permanent resident status if they are accompanying a United States Citizen abroad in order to work in a job related to the United States Military, Government, or other government related endeavor.

If a couple makes plans ahead of time, it may be possible for a Thai fiancee or spouse to acquire United States Citizenship in an efficient and timely manner. That being said, for those seeking US Citizenship, the road can be difficult as naturalization requires a great deal of time and effort on the part of the foreign applicant as well as an investment of resources on the part of the US Citizen spouse.

Tags: CR1 Visa Thailand, K1 Visa Thailand, K3 Visa Thailand, my thai fiancee, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | 4 Comments »

On this blog we often try to point out the difference between retaining the services of a licensed American Immigration lawyer and using a “fly by night” operator posing as a lawyer or calling himself an “Immigration Consultant.” In recent years, the United States government and various state governments have taken a firm stand by increasing their diligence in stamping out the activities of these scam artists. In a recent development a person in Virginia was arrested, charged, convicted, and sentenced for fraud based upon the fact that they stole 1 million US dollars while claiming to be a competent specialist in the field of immigration.

The scam artist in question, “was sentenced last week to 41 months in prison for defrauding vulnerable immigrant applicants of approximately $1 million from June 2000 through December 2005.”

The above linked article further noted what is seen by some as something of a new attitude in the Federal law enforcement community with regard to Immigration fraud:

“Immigration fraud poses a severe threat to national security and public safety because it creates a vulnerability that may enable terrorists, criminals, and illegal aliens to gain entry to and remain in the United States. ICE [Immigration and Customs Enforcement] uproots the infrastructure of illegal immigration by detecting and deterring immigration fraud.”

This situation further highlights the need to conduct due diligence in order to make certain that a person claiming to be an Immigration specialist is truly certified to handle United States Immigration cases. Many confused Americans often ask, “How can I ensure that my Thai fiancee and I are dealing with a reputable attorney who is licensed to practice American Immigration law?”

Even in cases where an individual claims that they are an attorney, it is always wise to ask to see a license to practice law from at least one US state or US territory. Seeing this document will provide evidence that the person one deals with is, in fact, a lawyer. Further, it might be beneficial to further inquire as to the “lawyer’s” educational background. Make certain that they not only graduated from an ABA (American Bar Association) accredited law school, but that they passed the bar in at least one state, territory, or district in the USA. Any licensed attorney should also be registered in their state’s Supreme Court database or with their state bar association.

An unfortunate fact regarding the hiring of an unlicensed “lawyer” or “consultant” is that those type of operators are not bound by any type of ethical code. Licensed attorneys must comport their behavior to an ethical standard and are therefore obligated to do no harm to their clients. This code of conduct is not imposed upon those with no license to practice law.

Unfortunately the internet has played a role in the proliferation of so-called “visa companies,” and unlicensed lawyers. With that in mind, the prospective applicants should insist upon seeing a license in order to ensure they are dealing with a reputable operator.

Tags: American Visa Thailand, Immigration Lawyer, US Immigration, US Immigration Lawyer Thailand, us visa lawyer thailand, US Visa Thailand, Visa Scams Thailand
Posted in General Legal Information, Legal Opinion, Miscellaneous, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

The question asked by many American Citizens in the United States or Expats in Thailand with a Thai Girlfriend: How do I obtain a Green Card for My Thai Fiancee? Before answering this question, the researcher needs to discern exactly what a Green Card is.

The Document commonly referred to as a “Green Card,” is in fact a term used to describe Lawful Permanent Residence in the USA. In family visa applications, there are essentially two ways of obtaining lawful permanent resident status: applying for an Immigrant visa and obtaining said status upon entry into the United States; or applying for a K1 visa, entering the United States, and applying for permanent residence through the process of adjustment of status. There are two types of lawful permanent residence: conditional lawful permanent residence and unconditional lawful permanent residence. Conditional permanent residence is reserved for those couples who either opt to adjust status in the United States or who have been married less than 2 years at the time they apply for a visa. Conditional permanent residence is conferred upon the entrant who travels to the United States on a CR1 visa. Unconditional permanent residence is conferred upon an entrant to the United States traveling on an IR1 visa.

If seeking an immigrant visa for a Thai fiancee, then the American Citizen will need to marry the Thai national before the application’s submission. In Thailand, marriage registration can be a very straightforward process provided both parties are legally free to marry. A common question with regard to Thai marriage registration: will the US recognize my Thai marriage to my thai fiancee? In short: yes. The United States recognizes the legality and binding effect of a legally sanctified matrimonial union executed in the Kingdom of Thailand provided that it is registered at the local Amphur office.

What about bringing my Thai fiancee to the United States on a K1 visa? This is an option pursued by many Thai-American couples as it is generally the fastest method of getting a Thai fiancee into the United States. The only real downside of the K1 visa is the fact that it requires a post-marital adjustment of status.

Where the fiancee enters and adjusts or marries abroad and enters on an Immigrant visa, if she decides to travel abroad subsequent to acquiring permanent resident status, then she may be wise in obtaining a reentry permit so that a presumption of residential abandonment does not arise. Those who have acquired a US reentry permit are free to remain abroad for up to 2 years without raising the suspicion that they are not ever returing to the United States.

Tags: CR1 Visa Thailand, Fiance Visa Thailand, Green Card, Green Card Thailand, Immigration Lawyer Thailand, K1 Visa Thailand, my thai fiancee, US Immigration Law Thailand, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K1 Visa Thailand, Legal Opinion, Miscellaneous, Thailand Marriage Registration, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | 15 Comments »

The E2 visa is a special non-immigrant visa available to prospective investors who are also citizens of countries with a trade or commercial treaty with the United States of America. Citizens of the Kingdom of Thailand can apply for E2 visa status as the United States and the Kingdom of Thailand, at the time of this writing, maintain a Treaty of Amity and Commerce.

In order to qualify for an E2 visa the applicant must invest a “substantial amount” of money into the American economy in the form of a business venture. Although not specifically defined in the statutes or treaties, the term “substantial amount” has been largely left to be determined by the Consular officers posted at the US Embassy or Consulate where the visa application is being submitted. Although information regarding the necessary amount of money varies, a minimum investment of at least one hundred thousand dollars should be available for investment before a prospective applicant should contemplate submitting an application. That being said, the investment will be viewed in relation to the overall enterprise. As a result, a one hundred thousand dollar investment may be viewed as substantial if one is setting up a small restaurant in a region with a relatively low cost of living. However, that same amount of money will probably not be viewed as “substantial” if one is seeking to undertake the construction of a shopping mall in a heavily urban area. The United States Citizenship and Immigration Service utilizes an ‘Inverted Sliding Scale’ in order to make determinations as to whether or not the underlying investment should be considered “substantial” in relation to the total cost of the economic endeavor.

Another issue that must be considered when discussing the E2 visa is the fact that the business investment ought to create employment opportunities for American Citizens. Although it is probably more desirable to hire American workers before the submission of the E2 application. Providing evidence that employment opportunities will come about in the reasonably foreseeable  future is usually sufficient for approval of at least the initial application.
Another visa category that is generally of interest to those researching the E2 is the L1 visa. The L1 visa is a non-immigrant visa category that employs the dual intent doctrine to allow foreign employees of an international company to transfer to a US-based affiliate for the purpose of carrying out business activity in the United States. In some cases, an already established foreign corporation will wish to establish a presence in the United States. In order to staff the new company, foreign managers and executives will need travel documents to travel and work in the United States.

For related information please see our page on the establishment of an Amity Treaty Company

Tags: American Visa, Amity Treaty Company, E 2 Visa, E2 Visa, L1 Visa, Treaty of Amity, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in General Legal Information, Legal Opinion, Miscellaneous, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

In a recent report published by the Immigration Policy Center, the issues surrounding United States Immigration and its demographic impact were discussed. To quote an email sent out by the Center, the demographics of Immigrant’s in the United States is somewhat surprising:

“Roughly one-in-seventeen U.S. citizens are foreign-born, and tens of millions of native-born U.S. citizens have immigrant parents. This demographic reality has important political ramifications. A rising share of the U.S. electorate has a direct personal connection to the immigrant experience, and is unlikely to be favorably swayed by politicians who employ anti-immigrant rhetoric to mobilize supporters.”

The fact is: were it not for the influx of immigrants to the United States, the “birth dearth” being experienced in other western countries would be highly prevalent in the United States of America. Immigrants add a great deal to the American economy as well as the societal structure as they compensate for the aging American population. Systems such as social security and Medicare would be in far greater peril were there to be no influx of foreign immigrants traveling to America on a USA visa in order to live and work.

In the same email, there were some compelling statistics regarding immigrant populations in the United States:

“There were 38.1 million immigrants living in the United States as of 2007, of whom 42.5% were naturalized U.S. citizens.

The number of naturalized U.S. citizens increased from 8 million in 1990, to 12.5 million in 2000, to 16.2 million in 2007.

There were 45.5 million Latinos in the United States in 2007, of whom 11.2% were naturalized U.S. citizens and 60.2% were native-born U.S. citizens.

There were 13.3 million Asians living in the United States as of 2007, of whom 37.7 % were naturalized U.S. citizens and 31.8% were native-born U.S. citizens.”

Of particular interest for this author is the final statistic regarding people of Asian descent. As a law firm in Bangkok that primarily handles United States Immigration for Thai fiancees and spouses of US Citizens, this statistic truly hit home. The K1 visa, the K3 visa, and the CR1 visa applications are processed at the US Embassy in Bangkok, Thailand. We see many happy couples using the American Immigration system in order to reunite with their US Citizen loved ones. Many of these immigrants proceed to adjust their status and remain with their American loved one long term. Some proceed further and complete the naturalization process. In many cases, children are born from these happy unions. In all, America is fueled by Immigration as it is a nation of immigrants. As time passes hopefully the American government will keep this in mind when creating new legislation which impacts the Immigration process.

Tags: American Visa, Bangkok Law Firm, Bangkok Lawyer, Fiance Visa Thailand, K-1 Visa, K1 Visa, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, Legal Opinion, Miscellaneous, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

Congress is set to end their recess soon and one of the important issues that will be on the legislative agenda is Comprehensive Immigration Reform. In the last Congressional session, this important legislation was sidelined by other important issues such as Health Care Reform and issues the impact of Americans upon the environment. To quote Immigration Impact: Comprehensive Immigration Reform (CIR), “has grown increasingly complex, partisan, and ideological, the chances of completing CIR legislation before 2009 ends further diminish. That’s not to say, however, that nothing is happening.”

One of the major obstacles in getting a Comprehensive Immigration Reform bill through Congress is the fact that it is, well…so…Comprehensive. What I mean to say is: Comprehensive Immigration Reform would require a complete overhaul of the Immigration system which impacts many political factions and such an overhaul is bound to have detractors and proponents of each facet effected.

For example, in the realm of United States Family immigration, there are some who believe that the minimum 6 to 7 month wait to bring a foreign fiancee or spouse to the United States is far too much time to wait. One proposed solution to this problem is: allowing non-immigrant dual intent family visa to be filed directly at the Embassy or Consulate overseas. The K1 visa and the K3 visa are dual intent non-immigrant visas which means that the visa holder can intend to both go to the US temporarily and simultaneously have the intent to remain long term.  Those entering the United States on one of these visas will eventually need to adjust status to permanent residence. At that time, the officers at the United States Citizenship and Immigration Service will adjudicate whether or not the applicant should be accorded lawful permanent resident status. The current Immigration situation begs the question: how does pre-authorizing K1 and K3 non-immigrants add value to the US Immigration Process? The system, at the very least, seems redundant.

A likely result of Comprehensive Immigration Reform will be a large backlog of cases involving undocumented aliens in the United States of America. The current resources used to pre-authorize K1 and K3 visas could be rediverted to adjudicating cases of undocumented aliens while those seeking K1 and K3 visas could begin filing directly with the United States Consular posts abroad. The argument that preapproval is necessary for Immigrant visas (such as the IR1 and CR1 visa) rings a bit more true since those entering the United States on this visa receive permanent residence upon entry.

Tags: CIR, Comprehensive Immigration Reform, CR1 Visa Thailand, Immigration Process, K1 Visa Thailand, K3 Visa Thailand, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, Legal Opinion, Miscellaneous, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

An extremely common topic on this blogs involves the US K1 visa. The K1 visa is designed for fiances of American Citizens. This visa allows the foreign fiancee to travel to the United States of America for the express purpose of getting married and adjusting status to lawful  permanent resident. It is a “dual intent” visa meaning that it is non-immigrant, and therefore temporary, but converting to an Immigrant visa is statutorily allowed and in a way somewhat encouraged as K1 visa holders who leave the United States cannot reenter on the same K1 without first obtaining permission to do so, this permission is known as advance parole.

With this in mind, there is another visa related to the K1 fiance visa. This visa is referred to as the K2 visa. A K2 visa is designed for the children of the holder of a K1 visa. It is a “derivative visa,” in that the benefits conferred in the K2 visa are entirely dependent upon the K1 visa holder’s status. For example, if a Thai fiancee has a child and they are each applying for a K1 visa and K2 visa respectively, then if the K1 visa application is denied the K2 application will be summarily denied as well.

The K2 visa is also derivative in that it “piggy backs” on the K1 visa during the adjustment of status process. This means that if the K1 visa holder and the K2 visa holder enter the United States together, then they ought to adjust their status at the same time as the process is likely to be more streamlined.

Those holding a United States K2 visa must abide by the same conditions as one holding a K1 visa. The K2 visa is non-immigrant, but the dual intent doctrine applies (this allows for the visa holder to intend to adjust status upon entry). Further, the K2 is also a single entry visa, so the K2 holder would also need to obtain advance parole before leaving the United States. The derivative nature of the K2 creates a difficult situation if the K1 holder leaves the United States without obtaining advance parole. In this situation, the K2 holder would fall out of status the moment the K1 holder leaves and falls out of status. That being said, unlawful presence generally does not accrue against minor children so the child in the US unlawfully would likely not be barred from later reentering based upon a legal grounds of inadmissibility due to an overstay.

It should also be noted that the K2 beneficiary will need to accompany their parent to the K1 visa interview at the US Embassy in Bangkok. In all likelihood, the Consular officer will not wish to speak with the child, but they will want to physically see them.

Tags: Adjustment of Status, advance parole, K-1 Visa, K-2 Visa, K1, K1 Visa, K1 Visa Thailand, K2 Visa, k2 visa thailand, Visa for Thai Child
Posted in Adjustment of Status, Fiance Visa Thailand, General Legal Information, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

This blog has often compared and contrasted the difference between the Immigration procedures for obtainment of a US Visa and a Thai Visa. To further compare the two systems, this post will provide a brief overview of the financial requirements one must meet in order to obtain a visa to Thailand or the United States of America.

In order to sponsor a traveler to the United States, one must first decipher the type of visa the traveler will be using. In the case of Non-Immigrant visas (F1 student visa, J1 exchange visa, or B1 Business Visa) the applicant must be able to prove that they or their sponsor will be able to pay the expenses related to the trip. In the case of F1 and J1 visas, the applicant must show that they will also fully pay for their educational endeavors or their exchange program. In some cases, the J1 visitor must reimburse the public education system where they stay in order to obtain the J1 visa.

In the case of United States Immigrant IR1 and CR1 visas for family members from Thailand, the American Citizen must show that they meet the income or financial requirements in order to act as sponsor for their loved one. The basic concern of the Consular officer revolves around the notion that the Immigrant could become a “public charge,” if the American Citizen does not have the resources to pay for the foreign spouse. An I-864 affidavit of support is used to assist in determining if the American is capable of sponsorship.

The K1 visa is a combination of the non-immigrant and immigrant visas. That being said, an affidavit of support must be filled out by the American Citizen. The difference between the I-134 and I-864 is the fact that the I-864 is more legally binding with regard to the sponsor. If the foreign entrant ever becomes a ward of the state, then the sponsor could be forced to reimburse the American government for the expenses the foreign national incurs. The K3 visa, although a marriage visa, is technically a non-immigrant visa so the American Citizen must simply submit an I-134 affidavit of support.

In Thailand, there are certain Thai visa categories which require that the applicant show that they have some sort of financial safety net. Visas such as the Thai retirement visa and the Thailand O visa (based upon marriage), require the visa holder to continually prove that they either meet a prescribed minimum monthly income or have a certain amount of money in a Thai bank account.

For those applying for Thai visas outside of Thailand, certain consulates have differing financial requirements depending upon the visa category. Therefore, one wishing to obtain a Thai Business Visa may be required to show a minimum bank balance. The minimum financial requirement may vary from post to post.

The United States Embassy in Thailand, diligently scrutinizes the financial resources of those applicants wishing to obtain an American visa. Many people believe that there is some sort of magic numerical amount of money that if shown in a bank account will guarantee visa application approval. In reality, the Embassy looks at the “whole picture” when making decisions on US tourist visas and often simply having a large bank balance is not enough to obtain a tourist visa. Further, in cases where an American boyfriend tranfers a large amount of money into a Thai applicant’s bank account in an effort to “beef up” the applicant’s credentials, the Embassy can tell that the bank balance is artificially inflated and will likely deny the application. It is never wise to manufacture evidence in order to obtain a United States visa on behalf of another.

Tags: Affidavit of Support, B2 Visa, CR1 Visa, F1 Visa, Financial Requirement Immigration, I-134, I-864, I134, I864, Immigrant Visa, IR1 Visa, J1 visa, K1 Visa, K3 Visa, Thai Visa, Thailand Immigration, Thailand Visa, US Tourist Visa, US Visa Thailand
Posted in F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, Thailand Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

Apparently, the State of New York has made the decision to crack down on Immigration Consultants and so-called “visa agencies.” Only a licensed attorney or USCIS approved representative is entitled to prepare visa applications and petitions on behalf of clients pursuing United States Immigration benefits. In flagrant transgression of this rule, many companies in the United States of America provide unlicensed immigration advice. The State of New York has opted to take an aggressive position regarding this practice. To quote the a publication by the State of New York, promulgated through the American Immigration Lawyers Association:

“In thousands of cases across New York City and Long Island, these companies unlawfully filed immigration petitions with United States Citizenship and Immigration Services (USCIS) on behalf of immigrants and their families, jeopardizing efforts to obtain legal status.”

Many people do not recognize how detrimentally these unscrupulous agencies can affect prospective immigrants’ chances of obtaining an American visa. The aforementioned publication quoted the New York Attorney General as saying:

“The consequences of bad legal advice can be absolutely devastating,” said Attorney General Cuomo. “Fraudulent legal services can haunt individuals and their families for a lifetime. Companies and individuals that represent someone in a legal proceeding without having the authority to do so must be stopped, and my office will hold them accountable.”

It is good to see that local authorities in the United States are taking a firm stand against these practices. In a way, cracking down on these types of enterprises is of assistance to all immigrants and prospective immigrants because United States Immigration is a field that has been somewhat plagued by “fly by night” operations masquerading as attorneys and law firms in an effort to swindle clients out of their hard earned money.

Many of these organizations advertise “guarantees” and “full refunds” for failure to achieve desired results. In many cases, these too good to be true propositions are simply gimmicks to get unsuspecting immigrants to part with their money. Unfortunately, in Thailand “visa agencies” and those pretending to be lawyers prey upon uninformed foreigners and Thais. This practice is particularly prevalent in Thailand because many applications for visas are filed on behalf of family members who are of Thai extraction. Since Thailand is a sovereign nation independent of American legal jurisdiction, it is difficult for American authorities to apprehend those falsely claiming to be American attorneys. Therefore, the consumer environment in Thailand with regard to legal services is: Buyer Beware. Always ask if the attorney can provide a copy of their license to practice law from at least one jurisdiction in the United States.

Tags: AILA, American Immigration law, Immigration Consultants, New York Attorney General, USCIS, Visa Agencies, visa agent
Posted in General Legal Information, Miscellaneous, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »