blog-hdr.gif

Integrity Legal

Archive for the ‘US Consulate Chiang Mai’ Category

18th July 2009

For those seeking to obtain a USA Visa from Thailand, it is almost inevitable that the United States Citizenship and Immigration Service (USCIS) will be involved in the process. That being said, depending upon the visa being sought, USCIS may play less of a direct role in the initial process.

The United States Citizenship and Immigration Service has had an interesting recent history. Currently, the office is under the administrative jurisdiction of the Department of Homeland Security. USCIS former acronym was INS which stood for the Immigration and Naturalization Service. In the aftermath of  September 11, 2001 it was decided that the services provided by INS could be better facilitated under the aegis of the Department of Homeland Security and INS was folded into that agency. For a time, the United States Citizenship and Immigration Service was known simply as the Bureau of Citizenship and Immigration Services (BCIS), but the acronym and name was officially changed to the current form on October 13, 2004.

For Immigrant visas that confer either conditional or unconditional lawful permanent residence (Greencard) to an alien upon entry, USCIS will play a major role in adjudicating the I-130 visa application. In certain instances where the United States Citizen has been living in the Kingdom of Thailand for a specified period of time, it may be possible to locally file an I-130 application at the USCIS office in Bangkok. This procedure is sometimes mistakenly called “Direct Consular Filing,” but, in point of fact, this appellation is misapplied. A direct consular filing can only occur at a consular section when a United States consular officer at a US Embassy or Consulate General accepts a visa application that has not first been adjudicated by USCIS either in the United States or at an office abroad. In Thailand, it is very rare for a consular officer at the US Embassy in Bangkok or the Consulate General in Chiang Mai to accept a visa application directly because there is a large local USCIS office in Bangkok.

For those making a K-1 visa application, it will be necessary to file the application at a USCIS service Center in the United States. The United States Citizen petitioner’s residence will determine what service center should be used when submitting the initial application.  For those unfamiliar with the K-1 visa, it is a fiance visa designed to allow an American’s foreign fiance to come to the USA for the purpose of marriage.

For those making a K-3 visa application, the I-129f application must be sent to a USCIS service center and not the Chicago Lockbox. The K-3 visa was designed as an expedited marriage visa for spouses of American Citizens.

F-1 visa applications and J-1 visa applications are generally submitted directly to the United States Embassy with jurisdiction over the applicant’s place of residence. US Tourist Visa applications are also submitted directly to the US Embassy.

(This is intended for educational purposes only, it is not legal advice. For Legal advice about Immigration law, contact a visa lawyer. No attorney client relationship is created between the author and any reader of this piece.)

more Comments: 04

15th July 2009

One of the most prevalent advertising incentives utilized by people claiming to be a “visa agent,” “immigration consultant,” or “lawyer,” is the 100 percent guarantee that a visa will be issued. A variation on this scheme  is also the 100% money back guarantee if the visa is not obtained.

The most common visa category in which people run into these “guarantees” is the K-1 visa. When doing research regarding US Immigration Lawyers in Thailand, prospective petitioners and beneficiaries come across something that is seemingly too good to be true: a no-lose situation. The “agent,” does all of the work and should the visa be denied the fee will be refunded.

Sounds great right? Except for the fact that it really is too good to be true. First, no one can guarantee a visa will be obtained. Let me make this clear: NO ONE CAN GUARANTEE THAT A VISA WILL BE OBTAINED. Much like any other field of law, US Immigration has success and failure and there is a common incorrect belief that a marital, or intended marital, relationship with an American citizen gives the Thai spouse or fiancee the “right” to a marriage or fiance visa. Although an American Citizen does have the right to marry or date whomever they please, this relationship does not, in itself, create a right to United States Immigration benefits. Therefore, no visa guarantee can honestly be made regarding United States Immigration and visa regulations or how United States consular officers and USCIS adjudicators will interpret those regulations.

I have seen many cases in Thailand where an “agent” or “lawyer,” provided a 100% money back guarantee, failed to obtain a visa for his client, and did not subsequently provide a refund.

In the same vein as the 100% Guarantee is the notion that some “agents” have a special relationship with the US Embassy in Bangkok with regard to visa matters. In reality, no one has any type of special pull with Embassy and consular officials. In fact the US Embassy will occasionally comment regarding this phenomenon, if for no other reason than to explain that no person or organization has any special influence regarding Immigration or visa obtainment matters.

Although it is true that currently the US Embassy in Thailand will allow licensed American attorneys to present follow up documentation if a US visa is denied based upon section 221g of the US Immigration and Nationality Act, Embassy policy dictates that only the visa applicant may be present for the visa interview. Further, simply being able to present follow up documentation does not connote any sort of “special relationship,” but merely a policy decision.

(This posting doesn’t constitute legal advice. No attorney-client relationship should be inferred from reading this posting.)

more Comments: 04

14th July 2009

When dealing with issues involving US Immigration or Immigration to Thailand, one will often run into situations where the legal systems of two sovereign states come into play. Further, dealing with diplomatic missions in the form of Embassies, Consulates, and Charges D’Affairs the concepts of jurisdiction, sovereignty, and extraterritoriality come to the forefront. In this post we will take a quick look at extraterritoriality and how it applies to United States Embassies and Consulates in Thailand and abroad.

What is Extraterritoriality? Extraterritoriality is a legal situation in which one is exempted from the jurisdiction of the law of the locality where one is situated. Generally, this situation results from the commencement or continuation of diplomatic discussions. In certain instances, extraterritoriality can be applicable to tangible locations such as non-native military installations and in modern times: the United Nations compound in New York City.

There is a common misconception that Embassies and Consulates have extraterritoriality. As anecdotal evidence of this misconception, people will often say things like, “the US Embassy sits upon United States soil.” For the most part, this is not the case as extraterritoriality is not conferred upon an Embassy or Consulate, but in some situations extraterritoriality may be created by Treaty. That being said, members of diplomatic legations (Ambassadors, Representatives, Consuls, Vice Consuls, Deputy Ambassadors, and Charges D’Affaires) may be accorded extraterritorial status within the foreign state to which they have been accredited. Also, the property of such representatives may have extraterritorial status. For example, an official diplomatic pouch will not be subject to search and seizure by a country other than the country with ownership of the pouch.

These legal rights were created in order to allow diplomatic agents to have the ability to freely conduct correspondence with their home nation. Also, these privileges are generally conferred as a courtesy from one sovereign to another. As a practical matter, “diplomatic immunity” puts the diplomat outside of local law. However, these privileges are usually extended reciprocally and therefore neither state is being accorded inequitable privileges.

At one time, the Kingdom of Thailand conferred extraterritorial rights upon foreigners in the country. As time went by, these rights were viewed with more resentment by Thai people. After World War II, the Thai government began renegotiating treaties with foreign governments in an effort to do away with these disproportionate extraterritorial concessions. Today, Thailand maintains normal diplomatic relations with most countries around the world.

(This is not legal advice. For such advice contact an attorney. No Attorney-Client relationship is formed between the reader and writer of this posting.)

more Comments: 04

13th July 2009

There is some confusion regarding the American State Department’s estimates regarding visa denials from around the world. There are some who are under the mistaken impression that the State Department’s numbers are the definitive source for information regarding waivers of inadmissibility. In fact, any numbers published by the United States Department of State regarding I-601 waivers should be taken with a grain of salt because the American Department of State is not the agency tasked with handling the adjudication of I-601 waiver applications after the a United States Consular Officer at an Embassy or Consulate General has made a finding that a legal ground of inadmissibility exists in a particular Immigration case.

The United States Citizenship and Immigration Service (USCIS) has the authority to grant waivers of inadmissibility under United States Immigration law. Therefore, USCIS’s internal statistics would be the proper government source to consult regarding the number waivers of inadmissibility applied for and ultimately granted. That being said, USCIS does not keep categorical statistics according to the Agenda of the USCIS National Stakeholder Meeting on January 27, 2009:

“Although we track the total number of Forms I-601 processed, USCIS International Operations does not have a system to track the specific grounds of inadmissibility that applicants seek to waive.”

The document that is causing the confusion regarding visa denials can be found at the following url. The first major cause of confusion in this document is the seemingly small number of findings of legal inadmissibility under section 212 (a)(2)(D)(i) for engaging in acts of prostitution or deriving profits from activities that are presumed to be prostitution. According to the table there were only 2 non-immigrant visa waivers granted in 2008 under section 212 (a)(2)(D)(i) of the United States Immigration and Nationality Act (INA). I find this number difficult to believe as this author has recently discussed the prostitution ground of legal inadmissibility with two highly experienced United States Immigration attorneys and between the two of them, they had applied for and obtained more than 2 non-immigrant visa waivers in 2008. Further, I believe it is highly likely that other prospective US Immigrants and non-immigrants were granted waivers of this ground of inadmissibility because I doubt that only two United States attorneys handled all of the waivers granted under this section of the INA in 2008; particularly if one takes into account not only other immigration attorneys, but I-601 waiver applications filed pro se as well.

For more on US Visas Please See: K-1 Visa or K-3 Visa

(This document is not intended as a source of legal advice, but for educational purposes. For legal advice contact an Attorney. No Lawyer-Client relationship should be deemed to exist between the writer and reader of this blog post.)

more Comments: 04

8th July 2009

Integrity Legal’s Thailand office is located in Bangkok, the nation’s capital. The majority of United States Visa cases that the firm handles are those involving loved ones of United States Citizens or Lawful Permanent Residents. Visas that require a familial relationship for approval are not generally processed at the Consulate General of the United States in Chiang Mai. For the most part,  the Chang Mai consulate handles non-immigrant visa applications. As a result, when writing this blog we sometimes overlook the US Consulate General in Chiang Mai even though the post does handle a significant amount of US Immigration matters.

The most common types of non-immigrant visas that the Consulate adjudicates are F-1 Student Visas, J-1 Exchange Visitor Visas, and B-1 Business Visas. Also, I assume that the Consulate General sees a great many applications for the US Tourist Visa.

Some US Citizens who are either living in Northern Thailand or who have a Thai fiancee or spouse from Northern Thailand mistakenly seek to obtain a K-1 visa or US Marriage visa from the Consulate in Chiang Mai. As all of these visas require some form of immigrant intent, they are usually not processed at the Consulate in  Chiang Mai, but instead find their way to the United States Embassy in Bangkok.

Other than processing visa applications and dealing with United States Citizens who need assistance, the Consulate also supports the exchange of information and culture between the Kingdom of Thailand and the United States of America. The Consulate General in Chiang Mai is involved in efforts to help preserve the environment. The American Consulate in Chiang Mai is a major supporter of programs to catch those involved in the trafficking of people across international boundaries. The United States of America actively and constantly supports efforts within the Kingdom of Thailand to stamp out the farming of opium. The US Consulate seems to wholeheartedly support the idea of providing information and incentives for farmers to grow other crops in place of opium.

Although we write about the US Consulate in Chiang Mai quite a bit less than the US Embassy in Thailand. It is still staffed by efficient and professional officers who do their job in an efficient and effective manner.

The Website for the consulate is very helpful for those seeking Consular assistance.

(Nothing contained in this post should be used as legal advice. No attorney/client relationship is created by reading this post. For legal advice contact an attorney. For more information about Immigration and visa issues in Chiang Mai, please contact the Consulate.)

more Comments: 04

18th June 2009

Hiring an Immigration attorney is a decision that each couple makes based upon their unique set of circumstances and that decision should be made after careful review and research. That being said, when the decision is made that a US visa lawyer is necessary,  sometimes couples are unwittingly duped into hiring a non-licensed “immigration consultant” or “visa agent.” In even worse situations, the couple believes that they are actually retaining the services of a licensed lawyer when in fact they are dealing with someone who has never completed formal legal training or been licensed to practice law.

Form G-28 is a required form that must be submitted to the United States Citizenship and Immigration Service (USCIS) when the initial visa application is sent to the USCIS Service Center. Basically, the G-28 puts the United States government officers working at USCIS on notice that an attorney will be representing the petitioner, beneficiary, or (more common in family base cases) both parties. Further, the US Embassy in Bangkok will currently allow attorney’s to present 221g follow up documentation provided a G-28 form has been signed by the Beneficiary and the attorney can produce credentials showing that they are in fact licensed to practice law in at least one United States jurisdiction.

One of the convenient aspects of hiring an attorney from the point of view of the United States Citizen petitioner and the Thai fiancee Beneficiary is the fact that once the attorney enters his or her appearance, then most, if not all correspondence, will be sent to the attorney’s office.

Also, the G-28 acts as a litmus test to determine if the person or organization one is dealing with is an actual attorney or law firm. USCIS has made regulations which stipulate that only attorneys and non-profit organizations are allowed to represent clients in United States Immigration matters. With regard to non-profit organization, these types of institutions are defined as those like the Red Cross or other non-governmental refugee organizations. In circumstances where a “representative” is used who is not a licensed attorney, USCIS has stated that the representative must take little or nothing with regard toa fee. This provision seems truly to have been designed with organizations assisting indigent refugees in mind.

On the G-28 form, the attorney, petitioner, and beneficiary will need to affix their signatures. The attorney will also place his or her state of licensure on the form. In the case of the K-1 visa application, the attorney will also place his or her G-28 number on the form I-129f.

For further information please see:

K1 Visa

K3 Visa

(Please be on Notice: this piece is not intended to be regarded as a substitute for legal advice. Please seek legal advice from a licensed attorney. This post creates no lawyer-client relationship between the parties writing or reading it.)

more Comments: 04

5th June 2009

Consular Processing: Visa Interview Preparation for a Thai Fiancee or Wife

One unique aspect of practicing United States Immigration law abroad is the ability to assist a foreign loved one with the US Embassy in Bangkok. Currently, the US Embassy’s policy states that no one other than the Thai applicant may be present for the visa interview at the Embassy on the day of the interview (this included the US Citizen spouse or Fiancee). Due to the fact that the foreign loved one will go through the interview process alone, the services of an immigration attorney can be very beneficial in preparing the foreign fiancee or spouse for the interview and giving the fiancee or spouse prior notification of Embassy procedure and what to expect. Depending on the category of US visa (K-1, K-3, or CR-1) different thresholds of proof will be required with regard to the bona fides of the relationship.

Interview preparation can be vital in facilitating a successful outcome at the United States Embassy, particularly in situations where the Thai fiancee or spouse has difficulty communicating in the English language or becomes easily nervous when dealing with government officials. That being said, many of a Thai fiancee’s fears regarding the Embassy can be laid to rest by a competent lawyer who can explain the situation and dispel any rumors or myths that a fiancee or wife has heard.

Assistance with 221 g Responses

Embassy officials are hard working individuals and at the Consular Service Section they process a large number of cases each year. Therefore, in the interests of speed and efficiency where there is a deficiency of documentation the consular officer will likely issue a 221 g denial. In many cases, fiancees or wives believe this to be a denial of the visa application and that the denial is final. In point of fact: 221g’s are denials, but they are denials pending further documentation. Therefore, if an applicant can cure the deficiency, then the visa will likely be issued. This is where retaining an attorney can be of great use. Currently, the US Embassy in Bangkok gives licensed American attorneys the privilege of presenting 221 (g) documentation on behalf of a visa applicant (the Embassy will not deal with visa agents or unlicensed so-called “lawyers”). This can be of great advantage particularly to the fiancee or spouse who does not live in Bangkok. By using an immigration attorney, it is generally unnecessary for the fiancee or spouse to return to Bangkok after the initial interview (this is not always the case, because consular officers can request that applicants return for a follow-up interview, as a practical matter, this rarely, if ever, happens).

Inadmissibility and Waiver

In cases where there exists a legal ground of inadmissibility, retaining an attorney is highly advisable particularly at the pre-interview phase. The reason for this is the fact that an attorney can prepare the waiver application in anticipation of the denial on a ground of inadmissibility. An I-601 application could be filed at virtually the same moment of denial. This would save time because the attorney is on the ground in real time and could interact with both the Embassy and the USCIS district office.

For more information, please see: US visa Thailand

(Nothing contained herein is an adequate substitute for a personal legal consultation. No Attorney-Client Relationship should be deemed to exist between author and reader.)

more Comments: 04

20th May 2009

If a child is born in Thailand and one of the child’s parent’s is a US citizen, then it may be possible to obtain a US passport for the child in Thailand. Before the passport can be obtained, it will likely be necessary to file a consular report of birth abroad.

A Consular report of birth abroad is akin to a birth certificate in that by making a report of birth abroad, an American Citizen is putting the United States government on notice that they have had a child and as per the the legal doctrine of jus sanguinis, the child may be eligible for US citizenship. Jus Sanguinis (a Latin term meaning “right of blood”) is a legal and social policy under which citizenship or nationality is not determined by the place a person was born, but through the presence of an ancestor who is a citizen or national of the state concerned. This policy stands in contrast to jus soli (a Latin term meaning “right of soil”). In the United States, jus soli and jus sanguinis are both methods of acquiring US citizenship. Therefore it is not necessary for a child to be born in the United States in order for that child to be born a US citizen. If the child is born abroad to at least one US citizen parent then the parent’s US citizenship will be transferred to the child.

There are restrictions on this doctrine for the purposes of US citizenship. In situations where the US citizen parent has not spent a statutorily required amount of time in the United States, the parent’s citizenship may fail to transmit to the child. In a case such as this where the US citizen parent wishes to obtain US citizenship for his or her child, it would be necessary to file an I-130 application on behalf of the child and obtain an immigrant visa for the child. Upon entry into the United States, the child would be vested with citizenship automatically by operation of law, because the permanent resident child of a US citizen will be vested with citizenship upon entry into the US on an immigrant visa.

In Thailand consular reports of birth abroad can be obtained at the US Embassy in Thailand or the US Consulate in Chiang Mai. In some instances, the US Embassy will require a paternity test in order to prove that the child is indeed that of the United States Citizen filing the report.  In some cases (particularly in a relationship with previous children present) this requirement may be waived.  In the cases in which a paternity test is requested, the couple has yet to finalize a legal marriage and has instead opted to perform a customary marriage due to the fact that they are seeking to obtain a K1 visa and by getting married it would preclude that type of visa application. Although, there are many situations in which a paternity test is requested.

Thanks for reading,

Feel free to email us at [email protected] for more information on this and other US Immigration issues.

(Please not: nothing contained herein should be used in place of personalized legal advice from an attorney. No attorney-client relationship is created between the reader and the author of this post.)

For more information on our website please see:

fiance visa Thailand

US visa lawyer Thailand

more Comments: 04

4th May 2009

Since today is Coronation Day in Thailand, which is a National Holiday, I thought I would take this opportunity to list the holidays that the Embassy takes in Thailand. Many clients and prospective clients do not understand delays caused by holidays either because the holiday is exclusively Thai, and therefore not being celebrated in the United States, or a non-Thai holiday and the applicant doesn’t understand why the Embassies should be closed for an American holiday in Thailand.

There are good reasons why the US Embassy in Thailand ought to close on both Thai and American holidays, the most convincing rhetorical question: what would the Embassy actually be able to get done on National Holidays for either Thailand or the USA?

As a conduit for communication, trade issues, and inter-government cooperation the US Embassy in Bangkok (as with any Diplomatic post in a foreign country) has a “foot in both worlds,” when either of the governments are shut down, then the Embassy really does not have much to do. Therefore, instead of wasting time and resources they close in order to facilitate better service at another time. For US Visa purposes the closure of the Embassy means that it is not possible to obtain a visa interview on any day that the Embassy is closed.

Below are the Holidays for the US Embassy in Bangkok in 2009 (please note that as some of these holidays are based upon the lunar calendar they may change date from year to year):

Holidays for the US Embassy in Bangkok

(Also applicable to the US Consulate in Chiang Mai)

In the month of January the US Embassy is closed for the following holidays on the following days:

January 1: New Years Day

January 2: New Years Day

January 19: Martin Luther King’s Birthday

In the month of February the US Embassy is closed for the following holidays on the following days:

February 16: Presidents Day

In the month of March the US Embassy is closed for the following holidays on the following days:

No Holiday closures

In the month of April the US Embassy is closed for the following holidays on the following days:

April 13: Songkran (Thai New Year)

April 14: Songkran (Thai New Year)

April 15: Songkran (Thai New Year)

In the month of May the US Embassy is closed for the following holidays on the following days:

May 5: Coronation Day

May 8: Visakha Bucha Day

May 25: Memorial Day

In the month of June the US Embassy is closed for the following holidays on the following days:

No Holiday Closures

In the month of July the US Embassy is closed for the following holidays on the following days:

July 3: Substitution for July Independence Day (Closed on 4th of July when during the week)

In the month of August the US Embassy is closed for the following holidays on the following days:

August 12: Her Majesty the Queen of Thailand’s Birthday

In the month of September the US Embassy is closed for the following holidays on the following days:

September 7: Labor Day

In the month of October the US Embassy is closed for the following holidays on the following days:

October 12: Columbus Day

October 23: Chulalongkorn Day

In the month of November the US Embassy is closed for the following holidays on the following days:

November 11: Veterans Day

November 26: Thanksgiving Day

In the month of December the US Embassy is closed for the following holidays on the following days:

December 7: Substitute for His Majesty the King of Thailand’s Birthday (the 5th of December)

December 10: Constitution Day

December 25: Christmas Day

Please note that this list is not exhaustive as the US Embassy in Bangkok, Thailand may close for reasons unrelated to Holidays, or for any reason whatsoever, but the Embassy is generally open during the week during regular hours except for the holidays mentioned above.

(Nothing in this piece should be taken as a substitute for legal advice. By reading this piece there is NO express or implied attorney-client relationship created.)

For more information please see:

US visa Thailand

Fiance Visa Thailand

K1 Visa Thailand

more Comments: 04

2nd May 2009

Although The Integrity Legal offices are located in Bangkok, Thailand, we do receive inquiries regarding Consular processing at the US Consulate in Chiang Mai. Generally we do not have much contact with that post because their activities with regard to US Visas is somewhat limited in comparison to the US Embassy in Bangkok. This post is meant to provide some insight about the US Consulate in Chiang Mai.

A Consulate with History

The United States Consulate in Chiang Mai is one of the few historical buildings used by the American State Department to house a diplomatic post. The consulate does business in the former royal residence of the Lanna Thai Kingdom, that until 1933, was a tributary state of the Kingdom of Thailand (then Siam).

Activities of The Consulate

Currently the consulate only processes non-immigrant visas. Therefore in order to obtain a CR-1 or an IR-1 visa, one must go to the US Embassy in Bangkok. It is also advisable to use the Bangkok Embassy with regard to the US K1 Visa and the K3 Visa because it will likely be the place where the application is adjudicated. For US citizens wishing to file a USCIS petition locally then the local Bangkok USCIS office will be where the petition must be filed.

This post primarily processes non-immigrant visa categories that are not family based. As a result, The Consulate mostly processes Tourist and Student Visas.

As with most any consular post, the consul can act as a notary so notarial services are carried out at the post as well as consular reports of birth abroad which is a document that is something akin to a birth certificate. Th consulate also creates affidavits confirming the right to marry. The consulate also replaces passports and can add additional visa pages to an American’s passport.

A question often posed by both Americans and others: does the US have honorary consul in Thailand or elsewhere? The short answer to this question: No. It is US policy to not place honorary consulates in other countries.  Although many countries will appoint honorary diplomats, the US feels that these services should be performed by professional diplomats.

For more infrmation about the US Consulate in Chiang Mai, please see the official website here

For more on US Immigration from Thailand, please see US visa Thailand

(Note: Nothing stated in this post or elsewhere on this site or blog should be used as a substitute for individual legal advice from a competent attorney. No attorney client privilege, express or implied, shall be created between the reader and author of this post)

more Comments: 04

The hiring of a lawyer is an important decision that should not be based solely on advertisement. Before you decide, ask us to send you free written information about our qualifications and experience. The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.