Integrity Legal

In a recent posting on the American Immigration Lawyers Association website the author noticed a revised list of the vaccinations that are required for those seeking Immigration benefits for the United States. Below is a direct quote from the AILA publication:

Under the immigration laws of the United States, a foreign national who applies for an immigrant visa abroad, or who seeks to adjust status as a permanent resident while in the United States, is required to receive vaccinations to prevent the following diseases:
Mumps
Measles
Rubella
Polio
Tetanus and Diphtheria Toxoids
Pertussis
Influenza Type B
Hepatitis B
Any other vaccine-preventable diseases recommended by the Advisory Committee for
Immunization Practices

This information could prove useful for those assisting a prospective immigrant. This being said, the rules and required vaccinations can be subject to frequent changes. Also, the US Embassy in Bangkok maintains a list of hospitals that are permitted to conduct medical examinations for US Immigration purposes. This list is subject to change and as a result those seeking medical examination for visa obtainment purposes would be wise to contact the United States Embassy in order to obtain the most up-to-date information.

In recent months, the United States Department of State and the Center for Disease Control have changed some of the rules regarding communicable diseases and United States Immigration. HIV has been taken off of the list of diseases that will act as a bar to admission into the United States. Therefore, those who previously were inadmissible to the USA due to the fact that they had HIV no longer need an HIV waiver (also known as an I-601 waiver) to overcome their inadmissibility and may now be eligible to enter the United States provided they meet other Department of State and USCIS requirements.

The United States government has a responsibility to make sure that those entering the USA are not carrying diseases that could pose a threat to the American Citizenry. To this end, Embassy staff and Civil Surgeons at overseas hospitals take their job very seriously. In Thailand, a major issue for some applicants is Tuberculosis. Some applicants are found to have or have had TB. In these situations, a battery of tests must be conducted in order to ensure that the disease has been eradicated and the applicant is no longer contagious.  For those who had TB in the past, a thorough search of the applicant’s medical records is conducted in order for the Civil Surgeon to be certain that the applicant no longer poses a threat to others. Although sometimes frustrating, the Medical Examination process is a necessary component of the due diligence conducted by the United States Embassies and US Consulates abroad.

Tags: HIV Waiver, Inadmissibility, Medical Examination, us embassy bangkok, US Immigration Rules, US Immigration Vaccinations, US Visa Medical Examination, US Visa Thailand, US Visa Vaccinations, Vaccinations, Waiver
Posted in US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

For a more detailed look at the J1 visa please see our main J1 visa page at: J1 visa Thailand. For further information about United States Immigration in general please see: US Visa Thailand.

The J1 Visa in 2010

As the new year begins this author is presented with an opportunity to re-explain the J1 visa and how it can be used by those Thais thinking of traveling to the United States of America as an Exchange Visitor. It is also an opportunity to briefly discuss some of the recently proposed changes to the J-1 visa rules and the future of the J1 visa in its current form.

For those who are not familiar with the J1 visa this visa category was designed to allow foreign nationals to come to the United States for limited employment purposes, specialized education, or cultural exchange. Some of those who use a J-1 visa are required to remain outside of the USA for statutorily specified period of time after their initial stay in the United States. These people are subject to what is called the Foreign Residence Requirement and cannot reenter the USA within 2 years after their initial J-1 visa without first obtaining a waiver.

Recently the United States Department of State proposed a rule that may have had a major impact upon those applying for a J1 visa. In a previous post on this blog, the issues surrounding this proposed rule were discussed, but the American Immigration Lawyers Association is now reporting that this proposed rule is being withdrawn by the American State Department. To quote directly from the AILA website:

“On December 23, 2009 the State Department published in the Federal Register a proposed rule titled Exchange Visitor Program– Secondary School Students. The Department revised existing regulations to provide greater specificity and clarity to sponsors of the Secondary School Student category with respect to the execution of sponsor oversight responsibilities under the exchange visitor program. This rule is being withdrawn because it was submitted prior to OMB completing review. The proposed rule is withdrawn in its entirety.”

Since this rule has been withdrawn there have been those who have noted that the regulations regarding the J-1 visa did not need to be modified. The proposed rule was withdrawn because it was promulgated before a required review period had elapsed. Therefore, there is good reason to believe that this proposed rule may be re-promulgated in the future. It remains to be seen how this will affect those applying for a J1 visa, but it would seem likely that an adoption of any new rule would, at least at first, create some confusion as the new regulations are implemented.

Since the J1 visa is a non-immigrant visa similar to a US tourist visa, it may be possible to apply for, and hopefully obtain, it at both a US Embassy or US Consulate. In Thailand, one could apply for this visa at either the US Consulate in Chiang Mai or the US Embassy in Bangkok depending upon where the applicant resides.

Tags: American Visa Thailand, Exchange Visitor Visa, J-1 visa, J-1 visa Thailand, J1 visa, J1 Visa Thailand, US Visa, US Visa Thailand
Posted in J1 Visa Thailand, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 4 Comments »

For detailed information about F-1 Student Visas please see: F1 Visa Thailand. For further reading about American Immigration from Thailand please see: US Visa Thailand.

The F-1 Visa in 2010

Unlike the J1 visa, the F1 Student Visa rules were left unmodified with no proposals for modification in 2009. That being said, the F1 visa could turn out to be a problem for those later filing for a family visa category such as a K-1 or K-3. This can be attributed to the fact that some of those who enter the United States on an initial F-1 visa either overstay their visa or remain for a long period of time in “duration of status.” Duration of status means that the visa holder is in status so long as underlying reason for traveling to the United States still exists. Those who remain for a long period of time in duration of status are unlikely to be later found inadmissible due to overstay as they usually do not accrue unlawful presence. However, their application and file may be placed into administrative processing while the Consular Officers make a determination regarding the applicant’s previous status in the United States. In some ways, this can be more frustrating than a finding of inadmissibility because Administrative Processing can take a great deal of time as the Consular Officers diligently research the applicant’s immigration history.

The F1 visa in Thailand is similar to the J1 visa in Thailand because the applicant may interview at the US Consulate in Chiang Mai rather than the US Embassy in Bangkok if the applicant lives in the Chiang Mai Consular district. One should not assume that one post is any “better,” than the other because at either post, the Consular Officers still make their decisions based upon the Immigration and Nationality Act (INA) and the Foreign Affairs Manual (FAM). It has been the author’s opinion that Consular Officers adjudicate cases “by the book,” and therefore any type of “forum shopping,” could be counterproductive.

Unlike a K1 visa, the F-1 visa is not a dual intent travel document so the Consular Officer must make a presumption of immigrant intent pursuant to section 214b of the INA. In order to overcome this presumption, the F1 visa applicant must demonstrate that they have “strong ties,” to Thailand and do not intend to remain in the United States past the expiration of their visa. The F-1 visa applicant must further prove that he or she has the financial resources necessary to pay for the educational course of study as well as living expenses in the US.

Tags: F-1 Visa, F-1 Visa Thailand, F1 Visa, F1 Visa Thailand, US Consulate Chiang Mai, US Consulate General Chiang Mai, us embassy bangkok, US Student Visa, US Student Visa Thailand
Posted in F1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand | No Comments »

For those interested in finding out detailed information regarding United States business visas from Thailand please see our main page at: B1 visa Thailand. For further general information about American Immigration from the Kingdom of Thailand please see: US Visa Thailand.

The B-1 Visa in 2010

In this writer’s opinion, the US Business Visa Process will probably remain relatively unchanged in 2010. That being said, it does provide an opportunity to re-explore this American travel document.

The B-1 Business visa is a non-immigrant visa intended for those who wish to travel to the United States for short term business purposes. It is not a dual intent visa meaning that one who applies for a B-1 visa must have bona fide non-immigrant intent. Those who have an undisclosed intention to immigrate to the United States of America at the time of application should disclose this fact in the application form and/or the visa interview. Failure to disclose immigrant intent could be construed as fraud and/or misrepresentation of a material fact. A finding of fraud and misrepresentation of material fact could lead to the applicant being found inadmissible to enter the United States. This inadmissibility would likely then only be remedied by an approved I-601 waiver application. Due to the drastic consequences that can befall a non-immigrant visa applicant, it is always wise to be completely candid on a visa application and explain all of one’s reasons for traveling to the United States of America.

The B1 visa is often issued in tandem with a US tourist visa, also known as a B2 visa. This visa category is utilized by those traveling to the United States for recreational purposes. Consular Officers will often issue combined B1/B2 visas because the applicant is planning a trip which combines elements of both business and pleasure. For example, a Thai doctor may travel to the United States to attend a medical seminar and visit family and friends after the seminar ends. In this case, a B1/B2 visa would be optimal because it encompasses all of the activities that the applicant will be undertaking in the United States.

As with many types of non-immigrant single intent visas, the applicant must overcome the statutory presumption of immigrant intent under section 214b of the United States Immigration and Nationality Act. The applicant must essentially show that they have such strong ties to Thailand (or any other country outside of the USA) that they will not remain in America past the expiration of their visa.

Tags: B-1 Visa, B-1 Visa Thailand, B-2 Visa, B-2 Visa Thailand, B1 visa, B1 Visa Thailand, B1/B2 Visa, B2 Visa, B2 Visa Thailand, US Business Visa Thailand, US Tourist Visa, US Tourist Visa Thailand
Posted in Thailand Business, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

For those who are interested in learning about the details of tourist visas from Thailand please see our main page at: US tourist visa Thailand. For those who would like to see information about all aspects of American Immigration from the Kingdom of Thailand please see: US Visa Thailand.

The United States B-2 Tourist Visa in 2010

In 2010, it is this author’s opinion that the B2 visa process will remain largely the same as it was in 2009. However, a brief comparison of the current B2 visa process with that of  the year 2000 could be revealing. In 2000, it was still possible to obtain a United States tourist visa through the mail. At that time, interviews were not required in certain situations if the applicant met some pre-conditions. There is anecdotal evidence which suggests that the US tourist visa application approval rate was higher prior to the introduction of the rule that there must be visa interviews for all non-immigrant visa applicants.

At the present time, an American tourist visa applicant can apply for a US Visitor Visa at either the US Embassy in Bangkok or the US Consulate-General in Chiang Mai provided the applicant resides in the Consular District. Unfortunately, this category is often sought by those who probably should not be seeking a tourist visa. This is particularly the case when it comes to Thai fiancees or girlfriends. In many cases, American citizens encourage their Thai fiancees and/or girlfriends to apply for a US tourist visa because it is a less time consuming process when compared to the application process for a K1 fiance visa. That being said, it is not an appropriate visa for those who intend to apply for adjustment of status in the United States. This is due to the fact that the US tourist visa is not a dual intent travel document meaning that the applicant must have true non-immigrant intent when he or she submits a tourist visa application. Lying about one’s intentions on a Department of State application form could lead to serious civil and criminal penalties as such activity could be construed as visa fraud. Further, one who has been found to be presenting a fraudulent visa application could be found inadmissible to the United States and barred from entering for a statutorily prescribed period of time. For those who wish to bring their loved one to the US, it may be wise to look into a K1, K3, or CR1 visa.

Even those with bona fide non-immigrant intent must still overcome the presumption of immigrant intent under section 214b of the United States Immigration and Nationality Act. One must prove that they have strong ties to Thailand (or any other country besides the US) and weak ties to the USA before a Consular Officer will approve a B2 visa application.

Tags: American Embassy Bangkok, American Embassy Thailand, B-2 Visa, B-2 Visa Thailand, B2 Visa, B2 Visa Thailand, us embassy bangkok, us embassy thailand, US Tourist Visa, US Tourist Visa Thailand
Posted in CR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 3 Comments »

An occasional issue in United States Immigration matters is the termination of one’s lawful permanent residence in the USA (meaning the cancellation of one’s CR1 or IR1 visa). There are some who go to the US with the initial intention of remaining indefinitely, but these peoples’ intentions change and some opt to relinquish their lawful permanent residence. Surrender of one’s lawful permanent residence is facilitated by filing a form called an I-407 (Abandonment of Lawful Permanent Resident Status). Relinquishing one’s lawful permanent residence can be somewhat time consuming and the procedure is somewhat confusing. That being said the website of the American Embassy in the United Kingdom quickly sums up the process.

To quote directly from the website of the US Embassy in the UK:

“Once the U.S. Citizenship and Immigration Services office receives your completed Form I-407 and your Permanent Resident Card, the appropriate documentation stamps will be placed on the form along with the USCIS officer’s signature. A copy of this form will be returned to you in the stamped, self-address envelope you provide. This copy of the completed I-407 is your receipt and it validates the return of your Permanent Resident Card. You should keep a copy of the completed I-407 with your passport when you travel to the United States.”

This quote begs the question: “In what circumstances would a former permanent resident be allowed to visit the United States after formally renouncing their US Permanent Residence?” There are many cases where a former permanent resident wishes to visit the USA in order to see family, friends, or business associates. In many cases, former permanent resident’s opt to apply for a US tourist visa.

Under normal circumstances a tourist visa would be difficult to obtain if the applicant has family and friends in US because under section 214b of the United States Immigration and Nationality Act, Consular Officers at the US Embassy or US Consulate are required to make the presumption that an applicant for a non-immigrant visa such as a tourist visa is an undisclosed immigrant to the USA. This presumption is more easily overcome for those who have relinquished their permanent residence as the act is strong evidence contradicting the presumption of immigrant intent since the applicant has already immigrated once and opted to forfeit his or her immigration benefits.

Generally, US Consular Officers are more prone to issue tourist visas to former permanent residents due to the above analysis. However, this does not mean that the applicant for a tourist visa should not prepare and submit a well founded petition as adjudication of tourist visa applications is highly discretionary.

For more information please see: US Visa Thailand

Tags: American Visa Thailand, US Consulate, US Embassy, US Tourist Visa, US Tourist Visa Thailand, US Visa Thailand, USCIS
Posted in CR1 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS | 2 Comments »

For Thai-American couples the most common method of immigrating to the USA is through use of a K1 visa. The K1 visa is a fiancee visa granting the bearer 90 days of lawful presence in the United States of America with the option to apply for adjustment of status. If an adjustment of status application is submitted and approved then the Thai fiancee will be granted conditional lawful permanent residence for 2 years. After nearly 2 years the couple should submit a petition for a lift of conditions of the Thai spouse’s permanent residence. Should this petition receive approval, the Thai spouse will become an unconditional lawful permanent resident of the United States of America.

There are some travel restrictions placed upon permanent residents of the United States. Namely, they cannot be outside of the USA for more than one year without endangering their resident status in the USA. For those who remain abroad for more than one year it may be necessary to apply for an SB-1 visa. This is a visa specifically meant for returning residents of the USA. For those who plan to be outside of the USA for a substantial period of time there is a way to forestall a finding of residential abandonment: a US reentry permit. This is a travel document that is very similar to advance parole in so far as it preserves the status of the lawful permanent resident while they remain abroad. These travel documents are generally granted with a validity period of 2 years from issuance.

Recently, this author came into contact with an individual who had lawful permanent resident status in the US, but had lost his Resident Alien Card (“Green Card”) and needed to return to the US. This individual still had a valid US reentry permit. After some research, this author discovered that a United States lawful permanent resident may reenter the country without a proper visa provided that they have a valid United States reentry permit.

To directly quote from the website of the US Embassy in Mumbai:

“Per 8CFR 211.1, an alien in possession of a valid form I-327, Permit to reenter the United states (i.e. reentry permit), does not require a visa to reenter the United States.  Therefore, [one] may travel [to the USA] with [only one's] valid reentry permit.”

In a way, the United States reentry permit is akin to a passport for lawful permanent residents although it is inherently more restrictive than a US passport. For those lawful permanent residents thinking of leaving the USA for a prolonged period of time it may be wise to seriously consider applying for a reentry permit because it provides not only the peace of mind that comes from preserving one’s status, it can also act as a backup travel document in the event one loses their resident alien card.

For related information please see our postings about losing a US passport and obtaining a new one from American Citizen Services at a US Consulate in Thailand.

Tags: American Visa Thailand, conditional lawful permanent residence, Fiancee Visa Thailand, K1 Fiance Visa, K1 Visa, K1 Visa Thailand, Lawful Permanent Residence, Lift of Conditions, Lost US Green Card, Lost US Passport, Reentry Permit, SB-1, SB-1 Visa, unconditional lawful permanent residence, US Consulate, US Embassy, US Visa Thailand
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Visa and Immigration, US Visa Thailand | No Comments »

In a previous post on this blog this author brought up the fact that the Department of State is raising the fees for non-immigrant visas such as the US Tourist Visa, the Exchange Visitor Visa, and the US Student Visa. However, it was not clear just how this proposed fee increase would effect other types of US visas. The Department of State recently promulgated a press release discussing the impact of the proposed rule change. This author came by this press release thanks to AILA. To quote this press release:

“Under the proposed rule, applicants for all visas that are not petition-based, including B1/B2 tourist and business visitor visas and all student and exchange-visitor visas, would pay a fee of $140.

Applicants for petition-based visas would pay an application fee of $150. These categories include:

H visa for temporary workers and trainees
L visa for intracompany transferees
O visa for aliens with extraordinary ability
P visa for athletes, artists and entertainers
Q visa for international cultural exchange visitors
R visa for religious occupations

The application fee for K visas for fiancé(e)s of U.S. citizens would be $350. The fee for E visas for treaty-traders and treaty-investors would be $390. The Department will not begin collecting the new proposed fees until it considers
public comments and publishes a final rule.”

This author added the above italics for emphasis because this is a substantial fee increase compared to the current amount that must be paid in connection with K visas. At the time of this writing, the Consular processing fee paid at the US Embassy in Bangkok or the US Consulate in Chiang Mai is $131. The proposed rule would increase this fee to $350. The US State Department has noted that the increase in fees is necessary because the K1 visa and the K3 visa require more diligent adjudication on the part of Consular Officers. This author would generally agree with this statement as it has been his opinion that Consular Officers diligently investigate and judge these petitions in an effort to provide a fair, thorough, and efficient adjudication. That being said, this fee increase will probably have a major impact upon those who have already filed for K1 and K3 visa benefits. Hopefully, these fee increases will come into effect after a grace period whereby those who filed before the fee increase will be able to enjoy the previously lower fee while new applications will have the fee increase phased in. However, the logistics of this proposal may be cost prohibitive as keeping track of previously filed cases could be highly labor intensive.

For more information on this and other US Immigration matters please see: US Visa Thailand.

Tags: AILA, American Embassy Bangkok, American Embassy Thailand, American Visa Thailand, B1 visa, B2 Visa, Consular Processing, DOS, Exchange Visitor Visa, F1 Visa, J1 visa, K1 Visa, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, us embassy thailand, US Student Visa, US Tourist Visa, US Visa, US Visa Thailand
Posted in F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 1 Comment »

The United States Department of State wishes to amend the current rule regarding the fees to be charged to applicants for non-immigrant visas overseas. The American Immigration Lawyers Association (AILA) has recently released information regarding the proposed rule change. Below is a direct quote from this announcement:

“This rule amends the Schedule of Fees for Consular Services (Schedule) for nonimmigrant visa application and border crossing card processing fees. The rule raises from $131 to $140 the fee charged for the processing of an application for most non-petition-based nonimmigrant visas…The Department of State is adjusting the fees to ensure that sufficient resources are available to meet the costs of providing consular services in light of an independent cost of service study’s findings that the U.S. Government is not fully covering its costs for the processing of these visas under the current cost structure.”

Although it is fairly self evident that this proposed rule change will affect non-immigrant visa categories such as the J1 visa, the F1 visa, the B1 visa, and the B2 visa (commonly referred to as the US Tourist Visa) there is some question as to whether or not this rule change will have an impact upon those seeking a K1 visa or a K3 visa. As can be read in the above quotation, the rule should only impact “non-petition based non-immigrant visas…” As K1 visa applications and K3 visa applications are both based upon an underlying visa petition made to USCIS this proposed rule begs the question: how will it impact K visa applicants?

The K1 visa and the K3 visa are non-immigrant dual intent visas. They are non-immigrant in that they do not allow the visa holder to remain in the United States indefinitely upon entry, but they allow for the bearer to apply for adjustment of status at a later date (provided certain prerequisites are met; in the case of the K1, marriage to the original petitioner).

This author believes that is is likely that the final rule will include a provisions raising the fees for the K visas as well as the other non-immigrant visa categories. Immigrant visa fees are in a separate category and for those filing a petition in the USA, these fess are paid directly to the National Visa Center (NVC). Many people are under the mistaken impression that in family visa cases the fees paid initially to USCIS are all-inclusive. This is not the case as the US Embassies and US Consulates are under the jurisdiction of DOS while USCIS is under the jurisdiction of the Department of Homeland Security (DHS) therefore, processing fees must be made to each agency at different stages.

Tags: B1 visa, B1 Visa Thailand, B2 Visa, B2 Visa Thailand, DHS, DOS, dual intent, F1 Visa, F1 Visa Thailand, J1 visa, J1 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, NVC, US Tourist Visa, US Tourist Visa Thailand
Posted in Adjustment of Status, F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 1 Comment »

The K1 visa was designed to provide a means and method for foreign fiancees to travel to the United States of America in order to be reunited with their US Citizen loved one. It is commonly referred to as a Fiancee visa because that is this visa’s intended use. The major upside of the K1 visa is the fact that it has the fastest processing time when compared to marriage visas such as the K3 visa and CR1 visa. However, the K1 visa does require that the applicant adjust status to lawful permanent residence after entry in the United States. Generally, this process takes approximately 6 months from application submission until final adjustment decision.

An I-601 waiver is necessary for those who have been found inadmissible to the United States based upon one of the legal grounds of inadmissibility found under the provisions of the United States Immigration and Nationality Act. In Thailand, the two most common grounds of inadmissibility are the result of factual findings that the applicant engaged in prostitution within 10 years prior to the application’s submission or a finding that the applicant overstayed in the United States while present on a prior US visa.

Many pose the question: if My Thai fiancee is approved for one of the aforementioned waivers, will she need to ever deal with the issue again? The short answer: no. Once an I-601 waiver application is approved it is binding upon later proceedings. Therefore, if the Office of the United States Citizenship and Immigration Service (USCIS) in Bangkok approves a waiver application, then that holding based upon those facts will be respected by a local USCIS office adjudicating all later matters that have to do with the alien’s presence in the United States.

An example of how this can play out: a Thai fiancee is denied for a K1 visa based upon a legal grounds of inadmissibility, the case is forwarded to USCIS Bangkok pursuant to an application for an I-601 waiver, the I-601 waiver application is approved, the case is forwarded back to the Consulate at the US Embassy, the US Consulate issues the visa, the applicant travels to the USA, is lawfully admitted, marries the American Citizen fiance, and applies for adjustment of status. In this scenario, the prior waiver would be recognized during the adjustment proceedings and therefore the issue would likely not be re-visited. The major upside to a waiver being approved overseas is the fact that it provides certainty as to how the process will move forward and may also be beneficial because waiver issues will be put to rest outside of the jurisdiction in which the American Citizen resides.

Tags: CR1 Visa, I-601 Waiver, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Consulate, US Consulate Chiang Mai, US Embassy, us embassy bangkok, US Visa, US Visa Thailand, US Visa Waiver, USCIS, USCIS Bangkok
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS, Visa Waiver | No Comments »