Integrity Legal

K1 visas are a topic frequently discussed on this web log as they are a rather popular travel document for those American Citizens who have a foreign fiancee living outside of the United States of America. That said, in a recently filed complaint before the Federal District Court of Oregon an American Citizen, Dzu Cong Tran, asked for declaratory and injunctive relief as well as a writ of mandamus in connection with his previously filed I-129f petition on behalf of his Vietnamese fiancee. To quote the opening of the complaint:

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND PETITION FOR WRIT OF MANDAMUS

Nearly three years ago, the former United States Citizenship and Immigration Services (“USCIS”) Ombudsman Mr. Prakash Khatri issued recommendations to Department of Homeland Security (“DHS”) and USCIS regarding necessary changes to the standards and
processes for re-adjudication of petitions returned by consular offices for revocation or revalidation, due to systemic nationwide failures of the system. Two years ago, Jonathan R. Scharfen, former Acting Director of USCIS under the Bush Administration responded to the USCIS Ombudsman’s recommendations, implementing only some of those recommendations and specifically rejecting others. This class action lawsuit involves some of the recommendations of the USCIS Ombudsman which were rejected by defendants, in addition to other issues.

Through the contradictory and unlawful practices of each defendant agency, plaintiff and class members have been aggrieved by agency action and inaction, have suffered agency action unlawfully withheld and unreasonably delayed, have been subjected to arbitrary, capricious and unlawful denials and file transfers, have been deprived of due process of law and had visa issuance and petition approval denied or unreasonably withheld contrary to constitutional right, contrary to procedure required by law, and contrary to the limitations of statutory jurisdiction and authority. Thousands of families across the country and around the
world have been separated due to a colossal sparring match between the defendant agencies, and because of internal dissent within each agency.

Specifically, Plaintiff Dzu Cong Tran, on behalf of himself and all others similarly situated, challenges (a) defendant U.S. State Department’s (State Department’s) policies and procedures for processing and returning approved petitions to defendant U.S.
Citizenship and Immigration Services (USCIS) with a recommendation that the petition be revoked; and (b) defendant USCIS’ policies and procedures for revoking, denying or terminating petitions returned to it by defendant State Department. Plaintiff respectfully petitions this Court for injunctive, declaratory and mandamus relief to: (a) compel State Department to schedule a
visa interview within a reasonable period from the date that State Department’s National Visa Center receives an approved I-129F petition for fiancé(e) from USCIS; (b) compel State Department to issue a K-1 visa to the fiancé(e) of a U.S. citizen or notify the petitioner and beneficiary that the petition will be returned to DHS/USCIS within reasonable period following interview; (c) compel State Department to provide a reasonable period during which a petitioner and beneficiary may rebut consular findings before the petition is returned to DHS/USCIS; (d) compel State Department to return petitions to DHS/USCIS only where substantial evidence
exists that fraud, misrepresentation, or ineligibility would lead to denial, and not where it is merely suspected; and to provide a written notice supported by the legal and factual basis for the visa denial and petition return that are not conclusive, speculative, equivocal or irrelevant; (e)compel State Department to render a final decision to approve the K-1 visa or return a petition to
DHS/USCIS within a reasonable period not to exceed 30 days from the receipt of all necessary documents from the petitioner and beneficiary, and to accomplish delivery of the petition to State Department’s National Visa Center within such period; (f) declare that 8 C.F.R. § 214.2(k)(5), which purports to limit the validity of a K-1 fiancé(e) petition (Form I-129F) to four months, is ultra vires and in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (g) following such declaration, enjoin DHS/USCIS from limiting the validity period of any approved fiancé(e) petition; (h) declare that the Foreign Affairs Manual, at 9 FAM 40.63 N10.1, which purports to establish the materiality of an alleged misrepresentation pursuant to 8 U.S.C. 1182(a)(6)(C)(i), INA 212(a)(6)(C)(i), merely based upon DHS/USCIS summary revocation of the petition is ultra vires and in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (i) issue a permanent injunction barring the State Department from placing a marker, called a “P6C1” marker, or “quasi-refusal” in a visa beneficiary’s record, and deeming the DHS/USCIS revocation of the petition as automatically establishing the permanent misrepresentation bar to any future immigration possibility; (j) compel DHS/USCIS to issue a notice to petitioner within a reasonable period of time not to exceed 30 days from receipt of the returned petition from the State Department, providing petitioner with the legal and factual basis for the consular recommendation that is not conclusive, speculative, equivocal or irrelevant; (k) compel DHS/USCIS to provide petitioner the opportunity to submit evidence to rebut the consular recommendation within a reasonable period of time; (l) compel DHS/USCIS, in the case of a reaffirmation of approval, to deliver the reaffirmed petition to the State Department within a reasonable period of time, and compel State Department to issue the K-1 visa within a reasonable period of time following reaffirmation; (m) compel DHS/USCIS, in the case of a denial, to issue a decision within a reasonable period of time, and to advise petitioner of the right to appeal the decision to the Administrative Appeals Office.

The United States of America’s immigration apparatus is complex and multifaceted. This is due to the fact that two Departments have a role in the Immigration process and within each of those Departments there are multiple government agencies with different roles at differing phases of the process. For example, the United States Citizenship and Immigration Service (USCIS) and the United States Customs and Border Protection Service (USCBP), respectively, have jurisdiction over adjudication of visa petitions and inspection of aliens upon admission to the United States. In the interim, the Department of State, through the National Visa Center and each US Embassy or US Consulate abroad, is tasked with adjudicating visa applications and making determinations regarding an individual applicant’s admissibility to the USA. In the vast majority of cases involving a US visa denial the applicant will be provided written notice of the denial along with factual and legal reasons for the denial. Amongst many other things, the aforementioned complaint alleged that the:

State Department issued the [visa] denial based on mere suspicion and failed to provide a written notice supported by the legal and factual basis for the visa denial and petition return that was not conclusive, speculative, equivocal or irrelevant.

When a US visa application is denied, the Consular Officer issuing the denial should provide a written notice of denial based upon findings of fact and conclusions of law. The complaint, in essence, would seem to be alleging that the Officer at the US Consulate in HCMC did not provide a legally sufficient basis for denial.  Of further interest within the complaint was the following allegation:

State Department, in its denial, stated that, “[i]f USCIS revokes the petition, beneficiary will become ineligible for a visa under section 212(a)(6)(C)(i) of the Act.” INA 212(a)(6)(C)(i), 8 U.S.C. 1182(a)(6)(C)(i), is a permanent bar to admissibility for misrepresentation. Pursuant to the Foreign Affairs Manual, 9 FAM 40.63 N10.1, State Department placed a marker, called a “P6C1” marker, or “quasi-refusal” in Ms. Pham’s records, and will deem USCIS revocation of the petition as automatically establishing the permanent misrepresentation bar to any future immigration possibility.

This is an interesting phenomenon. As the US Immigration system becomes more sophisticated Department of State refusals seem to be evermore problematic for those who may later seek admission to the United States. For example, in another post on this blog it was noted that those with a previously issued 221(g) denial from a US Embassy or US Consulate may be denied benefits under the visa waiver program pursuant regulations related to the Electronic System For Travel Authorization (ESTA). As ESTA is under the jurisdiction of the USCBP and since that agency considers 221g refusals to be denials, while the Department of State continues to refer to them as refusals, the issuance of 221g could lead to an otherwise admissible individual being deemed inadmissible to the United States. This author has never personally dealt with a situation in which a Consular Officer has denied a US visa without a factual or legal basis. Hopefully, this case will help ascertain the exact nature of visa refusals at Consulates and Embassies overseas. Bearing that in mind, the decision in a case such as this could have major ramifications upon Consular Processing procedures at virtually every US Consular Post abroad.

For further information related to the US fiance visa please see: K1 visa.

Tags: ESTA, K1 Visa, K1 Visa Denial, US Consulate, US Embassy, us visa denial, USCBP, USCIS, Visa Waiver Program, writ of mandamus
Posted in Department of Homeland Security, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, National Visa Center, US Consulate ChengDu, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, USCBP, USCIS | 4 Comments »

In a recent announcement from the American Department of State it was revealed that those agencies tasked with issuing US visas are to add security features to American travel documents issued to foreign nationals. To quote the announcement as posted on the American Immigration Lawyers Association (AILA) website:

This public notice announces an amendment to the Biometric Visa Program. Section 303 of the Enhanced Border Security and Visa Entry Reform Act of 2002 has required, since October 26, 2004, that all visas issued by the Department must be machine-readable and tamper-resistant and use biometric identifiers. In consultation with the Department of Homeland Security (DHS) and the Department of Justice (DOJ), the Department determined that fingerprints and a photo image should be required as biometric identifiers. When the biometric visa program began, available technology allowed for the efficient capture and comparisons of only two fingerscans. As a result of technological improvements, the Department instituted a ten fingerscan standard to raise the accuracy rate in matching fingerscans and enhanced our ability to detect and thwart persons who are eligible for visas.

As implied above, the Department of States is not the only American agency which will have a role in creating more effective security enhancements for American visas. The Department of Homeland Security will also play a part in this important endeavor. To further quote the announcement posted on the AILA website:

In establishing the Biometric Visa Program, the Department coordinated closely with the Department of Homeland Security (DHS). The Biometric Visa Program is a partner program to the DHS US-VISIT Program that is in effect at U.S. ports of entry and that uses the same biometric identifiers. By coordinating these two programs, the two departments have ensured the integrity of the U.S. visa. This is accomplished by sending the fingerscans and photos of visa applicants to DHS databases. When a person to whom a visa has been issued arrives at a port of entry, his or her photo is retrieved from a database and projected on the computer screen of the Customs and Border Protection officer. The person’s fingerscans are compared to the fingerscans in the database to ensure that the person presenting the visa is the same as the person to whom the visa was issued.

The new security features are likely be used for visa categories such as the K1 visa, the K3 Visa, and the common US Family Immigrant visas (CR1 Visa, IR1 visa) not to mention the non-immigrant visa categories such as the B1 visa and the B2 visa. That said, it seems unlikely that this will have an adverse impact upon those who seek a US visa in compliance with relevant US law.

Although the full-scale implementation of this program has yet to take effect, there are many who feel that more effective security measures will help ensure that there will be less fraud perpetrated against the United States government by foreign nationals wishing to illegally enter the USA.

For further information specifically related to US Consular Processing in Thailand please see: US Embassy Thailand.

Tags: B1 visa, B2 Visa, Consular Processing, CR1 Visa, Fiance Visa, IR1 Visa, K1 Visa, K3 Visa, us embassy thailand, US Visa
Posted in CR1 Visa, Department of Homeland Security, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Consulate ChengDu, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Tourist Visa, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »

Those American Immigrants who remain outside of the United States for prolonged periods are strongly advised to either obtain a Re-Entry Permit or make certain that their absences from the United States comport with their lawful status in the USA. That said, in those cases where a lawful permanent resident has been overseas for a long period of time and wishes to go back to the United States for purposes of reestablishing their residence they may opt to apply for an SB-1 Returning Resident Visa.

Recently the Department of State announced changes to the Foreign Affairs Manual’s guidelines for issuance of SB-1 visas the following is a direct quote from the aforementioned announcement made available by AILA:

9 FAM 42.22 Notes has been updated to provide guidance on the processing of applications for special immigrant Returning Resident (SB) visas for lawful permanent resident (LPR) aliens who were unable to return to the United States within the validity of their I‐551 Permanent Resident Card or reentry permit. The guidance covers where applicants are able to file their DS‐117 Application to Determine Returning Resident Status, how post should process such applications, and new procedures for the creation of a permanent refusal record for denied DS‐117 applications.

Returning Residents must have their case re-adjudicated by a Consular Officer prior to returning to the USA to take up residence. The announcement went on to further note:

You [the Consular Officer] must conduct a personal interview with the applicant to determine whether the application for Returning Resident status is approvable…If you determine that the applicant has provided sufficient justification and evidence in accordance with 9 FAM 42.22 N1.1‐7, then you must obtain supervisory approval from a consular manager, mark form DS‐117 as approved, open a case in Immigrant Visa Overseas (IVO), and scan in the approved form DS‐117 and supporting documents…If the application is denied, you should enter [redacted] scanned copies of form DS‐117 and all supporting documents, and also enter notes supporting the denial decision.

As this author has stated repeatedly on this blog, those who may be outside of the United States of America for a period lasting longer than 6 months are well advised to apply for, and hopefully obtain, a US reentry permit. This travel document would allow the lawful permanent resident to remain abroad for up to two years without raising the presumption of residential abandonment. That said, there are always extenuating circumstances where an individual was unable to obtain a reentry permit and thereby placed their lawful status in jeopardy. For these individuals, an SB-1 visa may be the necessary travel document to reestablish lawful status.

For further reading about Consular Processing at the US Embassy in Bangkok please see: US Embassy Thailand.

Tags: FAM, Foreign Affairs Manual, Lawful Permanent Residence, Returning Resident Travel Document, Returning Resident Visa, SB-1 Visa, US reentry permit
Posted in US Consulate ChengDu, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »

On this blog we regularly post information of general interest to Americans or prospective immigrants seeking services at American Embassies or Consulates abroad. The following is the posted holiday closing schedule for the United States Consulate-General in Guangzhou, China. The following is a direct quotation from the US Embassy in China’s website:

We are CLOSED on the following American and Chinese holidays.

Holiday closure schedules can be very important for Americans as there often arise situations in which an American believes that the closest US Embassy or US Consulate will be open for business when, in fact, the Embassy or Consulate is closed for a holiday in the host country or one of the more obscure US holidays. This author has personally been the victim of this problem when traveling to the US Embassy in Bangkok and realizing that the Embassy was closed for American Veterans Day. To save others time and  frustration, we try to post these lists so that travelers can plan accordingly.

Many Americans traveling overseas find that they need the assistance of an American Citizen Services (ACS) section of an American Embassy or Consulate overseas. Many find that they need ACS to produce a replacement US passport, add visa pages, or, in some cases, more serious matters must be dealt with that can only be executed by an American Consular Officer.

In situations where a prospective immigrant to the United States wishes to set a visa interview appointment for a K1 visa, a K3 visa, a CR1 visa, or an IR1 visa it may be best if the applicant makes an appointment prior to traveling to the Post in order to be sure that the Post is functioning upon arrival. This is also the case for those seeking a non-immigrant visa such as a B1 visa, B2 visa, F1 visa, or J1 visa. Interviews for these types of travel documents are usually scheduled in advance, but it is recommended that one contact the post prior to interview in order to be fully apprised as to the pertinent protocols.

Tags: ACS, American Citizen Services, American Passport, B1 visa, B2 Visa, CR1 Visa, Holiday Closing US Consulate Guangzhou, Holiday Closing US Embassy china, K1 Visa, US Embassy in Bangkok, us passport
Posted in CR1 Visa, IR1 Visa, K1 Visa, K3 Visa, US Consulate Guangzhou, US Embassy China, US Tourist Visa, US Visa | No Comments »

On this blog, we try to provide information for those individuals (be they American Citizens, Lawful Permanent Residents, or prospective immigrants) who may have business with US Embassies and Consulates overseas. That said, the following information is quoted from the website of the United States Embassy in Beijing, China:

The Embassy is open from 8:00 a.m. to 5:00 p.m. Monday through Friday. We are closed on the following American and Chinese holidays:

Embassy Holidays for 2010

***    January 1          Friday                  New Year’s Day
*       January 18         Monday                Martin Luther King, Jr.’s Birthday
**     February 13-17   Sat-Wed               Chinese (Lunar) New Year
*       February 15        Monday                President’s Day
**     April 5                Monday                Tomb Sweeping Day
**     May 1-3             Sat-Mon               International Labor Day
*       May 31              Monday                 Memorial Day
**     June 16              Wednesday           Dragon Boat Festival
*      July 5                 Monday                 Independence Day
*      September 6        Monday                 Labor Day
**    September 22       Wednesday           Mid-Autumn Festival
**    October 1-5         Fri-Tuesday           Chinese National Day
*      October 11          Monday                Columbus Day
*      November 11       Thursday               Veterans’ Day
*      November 25       Thursday               Thanksgiving Day
*      December 24       Friday                   Christmas Day

Those who may be traveling to any US Embassy or US Consulate abroad are generally wise to at least attempt to make an appointment to visit the Embassy in advance. This is particularly true for those seeking assistance from the American Citizen Services Section of US Missions abroad. In many cases, an appointment can be made in advance and this allows the Consular Officers to better anticipate customer needs thereby streamlining the overall process. Those seeking an appointment should first find the official website of the US Embassy in their country of residence and make scheduling decisions accordingly.

In the case of those seeking visas to the USA, American Consulates generally make visa interview appointment on a “first come, first serve” basis. As each post has different administrative protocols it may be wise to contact an Embassy directly if one is seeking a non-immigrant visa to the USA. In the case of Immigrant visas (or pseudo-immigrant visas such as the K1 visa or the K3 Visa) an appointment for interview is generally made after the Embassy or Consulate receives the prospective immigrant’s application package from the National Visa Center. In some cases, a Direct Consular Filing may be available to those prospective immigrants with an American Citizen spouse residing in the Consular District. In any case, many opt to consult an American lawyer prior to submitting an application or petition for a US Marriage Visa or a US fiance visa.

Tags: American Citizen Services, American Citizen Services Beijing, American Citizen Services China, Direct Consular Filing, K1 Visa, K3 Visa, National Visa Center, Us Consulate Beijing, US Consulate China, US Embassy Beijing, US Embassy China, US Embassy China Holiday Schedule, US Fiance Visa, US Marriage Visa
Posted in K1 Visa, K3 Visa, National Visa Center, US Embassy Beijing, US Embassy China, US Visa | No Comments »

Marriage Fraud as well as Immigration Fraud are a serious issues in the eyes of those agencies tasked with the job of adjudicating visa petitions and enforcing American law with regard to admission to the United States. With that in mind, it should be noted that domestically the United States Immigration and Customs Enforcement Service (USICE) has jurisdiction to enforce immigration regulations as well as decisions issued by Immigration courts. The following is a direct quote from a recently promulgated press release from the Immigration and Customs Enforcement Service:

LOUISVILLE, Ky. – A U.S. citizen, who was paid to engage in a phony marriage with a Cambodian national to evade immigration laws, pleaded guilty Tuesday in federal court. The guilty plea resulted from an investigation by U.S. Immigration and Customs Enforcement (ICE). Justin Michael Martin, 25, of Georgetown, Ky., pleaded guilty June 22 in the Western District of Kentucky
to conspiracy to commit marriage fraud and marriage fraud. Martin admitted that between Jan. 1, 2000 and April 7, 2010, he knowingly reached an agreement with Yota Em, Phearoun Peter Em, aka Sophea Lim, and Michael Chanthou Chin to knowingly enter into a marriage to evade U.S. immigration laws. Martin admitted that Phearoun Peter Em drove Martin to a U.S.
Post Office in Lexington to apply for a U.S. passport, and that Phearoun Peter Em paid the passport
application fee. On June 17, 2004, Michael Chanthou Chin drove Martin and others to the Louisville airport. In exchange for a fee, Martin, Phearoun Peter Em, and others traveled from Kentucky to Cambodia. Once in Cambodia, Martin met with Cambodian national Yota Em and agreed to marry her to evade the immigration laws of the United States.

Photographs were taken of Martin and Yota Em during an engagement ceremony on June 25, 2004, and at other locations in Cambodia. While in Cambodia, members of the conspiracy paid for Martin’s lodging, food, transportation, sexual services from a Cambodian female, and other expenses.
On June 27, 2004, Martin returned to the United States and was met at the airport by Michael Chanthou Chin. Thereafter, certain immigration forms were completed by Martin and Yota Em, which falsely represented the marriage as genuine. On Sept. 27, 2005, Yota Em entered the United States using a K-1 (fiancée) visa. On March 5, 2007, Yota Em and Martin participated in a civil marriage ceremony in Lexington, knowing that the marriage was not entered into in good faith, was in exchange for something of value, and that the purpose of the marriage ceremony was to enable Yota Em to obtain U.S. permanent resident status in the United States. Phearoun Peter Em and Michael Chanthou Chin served as witnesses at the civil marriage ceremony.

Martin and Yota Em subsequently participated in a marriage interview with immigration officials in Louisville and falsely claimed that they married in good faith. Phearoun Peter Em acted as an interpreter for Yota Em. On June 30, 2009, Martin and Yota Em were divorced. The marriage between Martin and Yota Em was fraudulent and was entered into solely to evade U.S. immigration laws. Martin admitted that he was paid about $7,000 for participating in the marriage fraud scheme.
Defendant Yota Em is currently a fugitive. Anyone with information about her whereabouts should call 1-866-DHS-2ICE. The maximum potential penalties for Martin are 10 years’ imprisonment, a $500,000 fine, and supervised release for a period of six years.

Assistant U.S. Attorney Ann Claire Phillips, Western District of Kentucky, is prosecuting the case. For more information, visit www.ice.gov.

It is unfortunate to see this type of fraud occurring as it makes it increasingly difficult for bona fide couples to receive immigration benefits due to the fact that the American government must expend resources in an effort to catch fraudulent visa petitions and applications. As time and resources are spent investigating visa fraud, the overall visa process for all applicants could slow down. That said, Officers of the United States government should be commended for their diligence in apprehending the individuals involved in the conspiracy noted above. Fraud Prevention is a serious issue that must be dealt with in order to forestall an erosion of the integrity of the US Immigration system.

In recent weeks it has been announced that fees associated with the K1 visa and the K3 Visa are increasing. There is speculation that the funds derived from the increase in fees will be used to combat immigration fraud on a wider scale as the fee is being increased by the Department of State for those applications filed at a US Consulate or US Embassy abroad. Many feel that the funds will likely be used to increase the resources available to each Fraud Prevention Unit attached to US Missions overseas. Hopefully, by increasing resources available to Fraud Prevention Units outside of the USA, there will be fewer people entering the United States illegally based upon sham relationships.

Tags: Conspiracy to Commit Marriage Fraud, Department of Homeland Security, DHS, Fiance Visa Fraud, Fraud Prevention, Fraud Prevention Unit, ICE, Immigration and Customs Enforcement, Marriage Fraud, Marriage Visa Fraud, Sham Marriage, US Consulate, US Embassy, US Immigration, US Immigration Fraud, US Visa, US Visa Cambodia, US Visa Fraud, USICE
Posted in Department of Homeland Security, K1 Visa, K3 Visa, US Consulate ChengDu, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, USICE | 1 Comment »

This blog routinely discusses interesting issues associated with American Immigration and US Embassies and Consulates overseas. That being said, in a recent press release from the American State Department it was noted that Officers at the US Embassy in China are opening their facilities in order to assist in processing the extremely large number of visa applications made by Chinese nationals who are seeking admission to the United States. The following is a direct quote from the aforementioned press release:

The U.S. Embassy in Beijing, along with four U.S. consulates general across China, is opening on Saturdays over the next few weeks to accommodate thousands of Chinese travelers seeking visas to visit the United States.

Trade, commerce, people-to-people exchanges, and tourism between China and the United States have grown dramatically over the past couple years. In 2009, U.S. consulates in China issued more than 487,000 visas to Chinese travelers. Sixty-six percent of these visas were for business and tourism. Growth in 2010 has been even more dramatic. China’s 2010 visa load is up 28 percent over the same period last year.

“We’re excited about the extraordinary growth in visa demand in China and what it means for our countries’ deepening economic and interpersonal relationship,” said Janice Jacobs, Assistant Secretary of State for Consular Affairs. “We expect this trend to continue and are actively increasing staffing in our Embassy and consulates. We also introduced new technologies to improve our efficiency while providing more convenient procedures for applicants.”

“While we’re pleased about increased Chinese interest in traveling to the United States, we are not pleased by the increased wait times for a visa appointment,” observed U.S. Ambassador to China Jon Huntsman, Jr. “We applaud the efforts of our Consular staff and the Bureau of Consular Affairs to think creatively and boost resources to help clear the backlog. I witnessed our team’s dedication when I visited the Consular Section last week.”

This author applauds the efforts of the US Embassies and Consulates in China. The attitude taken toward the backlog of pending applications in China is similar to the attitude taken by the US Embassy in Bangkok regarding the backlog arising from recent unrest in the city. In Thailand, this author is pleased to have been witness to the exceptionally diligent efforts of the Consular Officers and support staff at the US Consulate in Bangkok as they cleared a rather large caseload which arose as a result of the extended closure of the Post due to the protests that broke out in the district in which the Post is located.

Although the US Immigration process can be rather cumbersome, it is nice to see that officers in the Department of State are taking active measures to creatively and efficiently deal with what could be viewed by others as an overwhelming work load.

Tags: American Consulate Chendu, American Consulate Guangzhou, American Consulate Shanghai, American Consulate Shenyang, American Consulate Wuhan, American Embassy Beijing, American Embassy China, US Consulate, US Consulate ChengDu, US Consulate China, US Consulate Guangzhou, US Embassy, US Embassy Beijing, US Embassy China, US Visa
Posted in US Consulate ChengDu, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate Shanghai, US Consulate Shenyang, US Consulate Wuhan, us embassy bangkok, US Embassy Beijing, US Embassy China, US Embassy Thailand, US Tourist Visa, US Visa, US Visa and Immigration | No Comments »