Integrity Legal

As many are aware, the tragedy in Haiti left many Haitians without a home. The United States Citizenship and Immigration Service (USCIS) has acted with alacrity in authorizing Temporary Protected Status (TPS) to those Haitians who were in the USA at the time of the earthquake.  In this situation TPS was granted based upon humanitarian reasons as US policymakers felt that it would be inhumane to send Haitians back to a devastated nation.

Like many facets of American Immigration, the recent announcement regarding TPS for Haitians has resulted in “fly by night” operations preying upon the public by claiming that they can assist. Fortunately, USCIS made the following announcement:

“Please be aware that some unauthorized practitioners may try to take advantage of you by claiming they can file TPS forms. These same individuals may ask that you pay them to file such forms. We want to ensure that all potential TPS applicants know how to secure legitimate, accurate legal advice and assistance. A list of accredited representatives and free or low-cost legal providers is available on the USCIS website under Resources/Finding Legal Advice. Please see our Fact Sheet, “USCIS Warns of Immigration Scams Targeting Haitian Applicants for Temporary Protected Status” for helpful tips and further information on how to protect yourself from becoming a victim of fraud. We hope you will use this resource.”

“You do not need to have an attorney or a representative to apply for temporary protected status. If you choose to have a representative when filing an application or petition with USCIS, you may be represented by an attorney or an accredited representative of a recognized organization. Your representative must file a “Notice of Entry of Appearance as Attorney or Representative” form (Form G-28) with your TPS application. Please visit the “Finding Legal Advice” page on the USCIS website for more important information on this topic.”

Those seeking assistance in US Immigration matters should keep in mind that only a licensed attorney or an indvidual certified by the Board of Immigration Appeals is entitled to represent clients before USCIS, the Customs and Border Protection Service, and the Immigration and Customs Enforcement Service. In Thailand, many so-called “law firms” claim that they can assist in Immigration matters such as K1 visa and K3 visa obtainment when in fact they are legally precluded from doing so under US law unless they have US licensed attorney on staff. Anyone claiming to be a US attorney should be asked if they can produce a license to practice law in the USA or a membership card to an American Bar Association.

Tags: K-1 Visa, K-3 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, TPS, US Visa Thailand, USCIS
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Recently, the United States Tenth Circuit Court held that, under certain circumstances, those holding K-2 visas who wish to adjust status do not “age out.” The tenth circuit’s opinion is found in Colmenares Carpio v. Holder, No. 08-9536 (10th Cir. Jan 12, 2010). To quote directly from the immigration slip opinion blog regarding the underlying facts of the case:

The petitioner entered the United States in K-2 status 6 months before turning 21. His mother married the US citizen within the required 90 days, and the petitioner and his mother applied for adjustment of status before he turned 21. USCIS took two and a half years to decide his application for adjustment of status. USCIS denied the application based on Petitioner’s age on the date of adjudication of the application. An Immigration Judge found that Petitioner was not eligible to adjust status because he was over the age of 21, and the BIA affirmed with a one paragraph unpublished decision.

To further quote the aforementioned blog, within the language of the opinion, the Tenth Circuit Court commenced with an analysis “of [the] statutory construction and found that there is no age limitation on adjustment of status of K-2 visa holders.” That being said, the court’s analysis in this case, “declined to address other scenarios such as when the marriage or the filing of the application occur after turning 21.”

This decision deals with a somewhat narrow set of facts as the K1 visa holder managed to arrive in the US, marry within 90 days, apply for adjustment of status and obtain approval prior to the K2 visa holder’s 21st birthday. The K2 visa holder applied for adjustment of status prior to his 21st birthday, but the case was not adjudicated until afterward.  This court in the above cited opinion has held that based upon these facts, the K2 visa holder did not “age out” and could therefore still adjust status.

For those who are unaware of how the K1 visa process works: the K-1 visa holder enters the United States and has 90 days to get married and apply for adjustment of status. The K1 (or K2) holder is allowed to remain in the USA pending a decision on the adjustment application (in fact is departure is necessary an advance parole travel document should be obtained prior to departure in order to preserve status).

A K2 visa is derivative of a K1 and is intended for the children of K1 visa holders. The statute is somewhat ambiguous regarding K2 visa holder’s rights when it comes to adjustment of status, but the opinion above has clarified some of the issues surrounding K2 visas, but further clarification is needed as in a different factual scenario it is possible that a K-2 visa holder could be barred from adjusting their status.

Tags: Adjustment of Status, Aging Out K-2 Visa, Aging Out K2 Visa, K-1 Visa, K-1 Visa Thailand, K-2 Visa, K-2 Visa Age Out, K-2 Visa Aging Out, K-2 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Age Out, K2 Visa Aging Out, k2 visa thailand, US Visa, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, Upcoming Legislation, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In cases where a US visa application is denied it may be possible to remedy the visa denial by applying for a waiver if the denial was based upon a legal grounds of inadmissibility. This type of waiver is called an I-601 waiver. At one time, if a United States visa applicant was infected with the Human Immunodeficiency Virus (HIV), then they would be denied a visa visa based upon this factor alone, if no other issues existed that called for a denial. However, recently the United States Immigration authorities have changed this rule. To quote a document promulgated by the American Immigration Lawyers Association (AILA):

“[I]nfection with the Human Immunodeficiency Virus (HIV) is no longer a ground of inadmissibility. If you have the HIV infection, you are no longer inadmissible to the United States, and are no longer required to file Form I-601 because of your HIV infection. As part of the revisions to Form I-601, any reference to HIV infection in the form and the instructions were removed.”

This is not the only rule change that has been recently promulgated as the filing instructions themselves have recently changed in order to more accurately reflect the proper filing locations as well as other regulatory modifications.

“In addition, USCIS… announced that there are revised filing instructions and addresses for applicants filing Form I-601, Application for Waiver of Ground of Inadmissibility. The change of filing location is part of an overall effort to transition the intake of benefit forms from USCIS local offices and Service Centers to USCIS Lockbox facilities. By centralizing form and fee intake to a Lockbox environment, USCIS can provide customers with more efficient and effective initial processing of applications and fees.”

The “lockbox” method is currently employed when processing immigrant visa applications such as the IR-1 visa and the CR-1 visa. This allows USCIS to streamline the application process as all applications are submitted to one location. K1 visa applications as well as K3 marriage visa applications are submitted directly to the USCIS Service Center with appropriate jurisdiction.

In situations where an I-601 waiver application is submitted overseas, the application is usually submitted at the US Embassy or US Consulate where the visa is denied. This allows the Consular Officer to make a recommendation regarding the waiver application. Those interested in US visa waivers should note that only licensed United States attorneys or accredited representatives are allowed to represent clients before both the United States Embassy and the United States Citizenship and Immigration Service (USCIS). That being said, only an attorney is entitled to charge fees for such services as accredited representatives are usually not-for-profit agencies who only charge a nominal fee (if anything) when assisting immigrants. Those who are not licensed to represent clients is US Immigration matters cannot charge a fee to represent clients in Immigration proceedings pursuant to US law.  For more information please click here.

For more information about American visas and the remedies available upon application denial please see: US Visa Denial.

Tags: 601 Waiver, HIV Waiver, I-601 Waiver, I601 Waiver, Inadmissibility, K1 Visa Thailand, K3 Visa Thailand, US Visa Attorney, us visa attorney bangkok, us visa attorney thailand, us visa denial, us visa lawyer, us visa lawyer bangkok, us visa lawyer thailand, US Visa Thailand, US Visa Waiver
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K3 Visa, US Consulate Chiang Mai, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS, Visa Waiver | No Comments »

As with any large government agency, errors can occur in processing government documentation. The United States Citizenship and Immigration Service (USCIS) is not immune to human error and recently the Service issued some advance parole travel documents with incorrect dates. To quote a press release promulgated by the American Immigration Lawyers Association:

“U.S. Citizenship and Immigrations Services (USCIS) announced today that it will reissue Advance Parole documents (Form I-512) in response to documents that were mailed to applicants with an incorrect issue date of January 5, 1990. All affected documents have been identified and USCIS will automatically reissue documents to individuals who have received a document with the incorrect issue date.”

It is fortunate that USCIS caught this problem and took steps to remedy the situation. The aforementioned press release went on to say:

“All documents continue to be valid as the expiration dates remain accurate, therefore it is not necessary for applicants to contact USCIS regarding their pending application unless their application is outside the normal processing time of 90 days.”

Again, as USCIS took steps to quick deal with this problem the impact upon prospective immigrants or those with pending visa applications is likely to be blunted.  However, sometimes prospective immigrants or non-immigrants in the United States need to leave the country for an emergency, but do not wish to forfeit their immigration benefits by doing so, this press release went on to detail the steps that immigrants can take to obtain an emergency advance parole travel document:

“If you need to travel urgently and you have received a document with an invalid issue date, then you may travel using the incorrect document. U.S. Customs & Border Protection (CBP) has been alerted however, you may be questioned about the issuance date. Therefore, please print this explanation to share with CBP if necessary.”

For those unfamiliar with the subject of advance parole, it is the legal staus that a prospective immigrant or non-immigrant must obtain in order to leave the USA and return in status. This can be a particularly important issue for those present in the US on a K1 visa or a K3 Visa where the applicant has submitted an application for adjustment of status. Unlike an Immigrant Visa (CR1 or IR1), a K1 fiance visa or a K3 marriage visa requires that the applicant adjust status in order to obtain lawful permanent residence. Although this rarely comes up in the context of a K3 visa, the validity of a K1 visa is of such short duration that the underlying visa usually expires before the adjustment of status is approved. While the application is pending the K1 holder will be allowed to remain in the US, but if they leave before adjusting status they will fall out of status if they do not receive advance parole.

Tags: advance parole, Fiance Visa, Fiance Visa Thailand, Fiancee Visa, Fiancee Visa Thailand, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, travel document, US Visa Thailand, USCIS
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The US visa process is a time consuming endeavor, but for those who eventually obtain a visa the process can seem well worth the wait as United States Permanent Residence entails both the right to remain in the USA as well as the right to take up employment. The Resident Alien Card, also know as the “Green Card,” is a very important document for US permanent residents. Upon entry in the United States on an Immigrant visa (such as an IR-1 visa or CR-1 visa), the entrant is given an I-551 stamp in his or her passport. This stamp is, for all intents and purposes, the entrant’s “green Card,” until a proper resident alien card is issued. In the past, Resident Alien Cards were sent to American lawful permanent residents by mail, but there were situations where the Resident Alien did not receive there “Green Card” and this caused problems. In a recent USCIS stakeholder’s meeting this issue was discussed as the following question was posed:

“According to current USCIS practice, when a green card is sent to an address, but the applicant does not receive it, and the package is not returned to USCIS as undeliverable, the client must pay a $370 fee to request another card. This is very difficult for indigent clients. Given the importance of this document, could USCIS institute a policy of sending green cards by certified mail, return receipt requested?”

The issues involved in this question impact aliens in the USA on a daily basis and luckily the United States Citizenship and Immigration Service (USCIS) appears to have come up with a solution to deal with this problem. The details of this solution are contained in the Service’s response below:

“USCIS has developed a means to deliver our secure documents called the Secure Mail Initiative (SMI). This involves sending the secure documents using U.S. Postal Service Priority Mail with Delivery Confirmation. Using this process allows us to track each individual piece of mail electronically through the U.S. Postal Service and speeds our delivery time while enhancing accountability to customers. Currently, we are experiencing tremendous success with SMI in our travel booklet product line (Refugee Travel Documents, Form I-571 and Re-entry Permits, Form I-327).”

Hopefully the Secure Mail Initiative will solve this problem in the vast majority of cases. Although no plan is perfect, it seems like this new method of mailing important immigration documentation will ensure document receipt in most cases as the recipient, or someone in the same household, will be required to confirm delivery of this documentation.

This issue is not only relevant for those with an Immigrant visa, it is also of importance for those who enter the USA on a K1 visa or a K-3 Visa as these travel documents are dual intent visas and require adjustment of status in order for the alien spouse to remain in the USA in Lawful Permanent Resident Status. Assuming that the I-485 adjustment of status application is approved, the alien will receive his or her resident alien card in the mail as well. Due to timing issues, the Secure Mail Initiative may be as beneficial, if not more so, to immigrants in these visa categories as it is more likely that these aliens will have changed their address while awaiting approval of the adjustment of status application.

We at Integrity Legal commend USCIS for taking this issue seriously and providing a workable solution to what can be a difficult problem.

Tags: CR-1 Visa, CR-1 Visa Thailand, Green Card, IR-1 Visa, IR-1 Visa Thailand, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, Secure Mail Initiative, SMI, US Visa Thailand, USCIS
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

One of the co-authors of this blog has recently discovered that the United States Citizenship and Immigration Service (USCIS) has added a new web log (blog) to their official website. This blog is apparently designed to provide more up to date information as well as insights regarding United States Immigration and Department of Homeland Security policy. The new blog can be found at this link.  We at Integrity Legal wish to welcome USCIS to the blogosphere as we are anxious to read about current the news in United States Immigration policy.

In the initial posting on the new blog, USCIS took the opportunity to discuss the measures that have been taken to accord Haitian Nationals with Temporary Protected Status (TPS). This status allows those of Haitian Nationality who are present in the United States to file for protected status so as to avoid being placed into removal proceedings and sent back to Haiti. The reason that the United States Citizenship and Immigration Service has taken this measure is to avoid sending Haitians back to their home country as the Republic of Haiti has recently been the victim of incredibly damaging hurricanes and as a result the conditions in the country are tragic, if not, downright abysmal.

To quote directly from the USCIS blog:

The devastating earthquakes in Haiti have made it both dangerous and virtually impossible for most Haitian nationals living in the U.S. to return to their country in the near future. To help protect those who might otherwise be repatriated to a nation struggling to recover, the Secretary of Homeland Security announced the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010.

In this situation, USCIS has shown a very high level of efficiency, decisiveness, and compassion as TPS status was quickly granted to Haitians. It would appear that the decision to grant this status is based almost entirely upon humanitarian grounds and it is hard for anyone to disagree with the idea that sending Haitians back to Haiti at this time would be morally wrong, to say the least. That being said, the ultimate fate of Haitian nationals in the United States remains to be seen, but for now those present in the US do not need to fear the specter of being forcibly returned to their devastated homeland.

Hopefully, the United States Citizenship and Immigration Service will continue to provide relevant and important information through its website, press releases, and blog posts.

Tags: American Immigration blog, American visa blog, United States Citizenship and Immigration Service, US Immigration blog, US Visa blog, USCIS, USCIS blog
Posted in CR1 Visa, F1 Visa Thailand, Fiance Visa Thailand, General Legal Information, IR1 Visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Legal Opinion, Miscellaneous, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS, Visa Waiver | No Comments »

On this blog, we frequently take the time to point out the fact that only a US licensed attorney or other accredited representative can represent clients before the United States Citizenship and Immigration Service (USCIS), the National Visa Center (NVC), or the US Embassy in Bangkok. Recently, USCIS has promulgated a brochure for consumers regarding US Immigration and fraud perpetrated against unwitting immigrants. Unfortunately, there are those who claim to be US Immigration experts when they are in fact unlicensed to practice United States law. These people claim all sorts of titles in order to sound as though they have a right to practice American Immigration law. The fact of the matter is that there are only two types of representatives that USCIS or the Department of State recognizes as legally able to represent clients.

The first category of authorized representatives is Attorneys. To quote directly from the brochure, USCIS requires the following in order for an attorney to act as a representative for clients in an Immigration matter:

An attorney must be in good standing with a U.S. state bar association (or U.S. possession, territory, Commonwealth, or the District of Columbia) and may not be under any court order restricting their practice of law. The best way to protect yourself is to ask the attorney to show you their current attorney license document. Write down the information and contact the state bar admission office to verify the accuracy of the information.

In a further quote from this brochure, USCIS explains what an individual or organization needs in order to be recognized as an accredited representative in immigration matters:

An accredited representative must work for an organization that has permission from the Board of Immigration Appeals (BIA) to provide legal advice on immigration matters. The organization will have an order from the BIA that gives the accredited representative permission to assist individuals with their immigration applications and petitions. The best way to protect yourself is to ask the accredited representative to show you the BIA order. Write down the information and contact the BIA to verify the accuracy of the information.

There it is, from USCIS itself, there are only two ways to verify that one calling himself an attorney is actually certified or licensed to practice Immigration law. Those seeking Immigration advice would be wise to undertake the above measures in order to be certain that their representative is able to effectively represent their interests. So-called visa agents, Immigration Consultants, legal advisors, and/or anyone calling themselves a “lawyer” should be able to provide either a license to practice law in a US state or territory, a US bar membership card, or a letter of permission from the Board of Immigration Appeals, anyone who cannot produce one of these documents is not authorized under US law to practice in the area of United States Immigration. This brochure went on to note that only an American attorney or an accredited representative is entitled to submit a form G-28 to the USCIS service center. Anyone who prepares an application without including this G-28 document should be asked why they are not submitting it.

Tags: American Visa Thailand, Immigration attorney, Immigration Consultants, immigration law, Immigration Lawyer, us visa bangkok, US Visa Thailand, visa agents, visa consultants
Posted in Legal Opinion, Miscellaneous, US Consulate HCMC, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, USCIS | 29 Comments »

One of the major questions invariably on the lips of prospective visa applicant’s and petitioners is: how long will the process take? This question is not as easily answered as some might think because the entire process is actually three processes in one. First there is the United States Citizenship and Immigration Service (USCIS) adjudication phase, then there is the National Visa Center (NVC) processing phase, and finally there is the US Embassy interview and adjudication phase. In most cases, the interview phase is the final phase of the process as the visa application is either approved or denied at this point. However, if there is a legal grounds of inadmissibility or if the applicant has previously been subject to deportation or expedited removal in the US, then either an I-601 waiver or an I-212 waiver may be necessary. In routine cases, the interview is usually the last major phase of the visa obtainment process.

That being said, the first major phase of the process involves the submission of petitions to USCIS. As many petitions are filed with USCIS each year, this phase of the process is often the most time consuming as the US Citizen or Lawful Permanent Resident’s petition must wait in the queue for adjudication.

Recently, USCIS updated their processing time estimates, below please find the most recent processing time estimates for family based petitions for K-1 visas, K-3 visas, and Immigrant visas.

The California Service Center processing times are as follows:

The Vermont Service Center processing times are as follows:

One should not misunderstand the above information, these processing times do not reflect the entire time that it takes to complete the entire visa process as a US Family visa petition must also process through the National Visa Center as well as the Embassy in the country where the visa is to be issued. In Thailand, most visa applications for family members of US Citizens or Lawful Permanent Residents are adjudicated at the US Embassy in Bangkok.

Tags: American Visa Thailand, K-1 Visa, K-3 Visa, K1 Visa, K1 visa processing time, K1 Visa Processing Times, K1 Visa Thailand, K3 Visa, K3 Visa processing time, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The United States Citizenship and Immigration Service (USCIS) is tasked with adjudicating Immigration applications such as the I-129f, I-130, and the I-601 waiver. They have offices throughout the United States and around the world. In Bangkok, the USCIS office is the administrative hub for virtually all US Immigration matters arising in Southeastern Asia.

This author recently came across a press release from the United States Citizenship and Immigration Service (USCIS) in which Director Alejandro Mayorkas explained that USCIS will be undergoing some organizational changes. The author obtained this information through the American Immigration Lawyers Association website. To quote directly from the press release:

“We at U.S. Citizenship and Immigration Services have realigned our organizational structure to achieve greater efficiency and to more ably accomplish our mission. The realignment reflects the prioritization of certain critical Agency responsibilities. The three most significant changes are:

The creation of a Fraud Detection and National Security Directorate. This change reflects our prioritization of our anti-fraud and national security responsibilities and will bring greater focus to them.

The creation of a new Customer Service Directorate. This change reflects our prioritization of customer service and recognizes the significant efforts that will be needed to ensure that we are at the cutting edge of service modeling.

The division of the existing Domestic Operations Directorate into two separate directorates, Service Center Operations and Field Operations. This change will foster greater innovation and achieve greater efficiency in our delivery of immigration services.”

Fraud prevention is a constant priority for USCIS as the US Immigration system is, at times, plagued by sham marriages, fraudulent petitions, and unlicensed operators claiming to be immigration attorneys. Further, the internal bifurcation of Service Center Operations and Field Operations will likely lead to greater efficiency in both areas as they require different types of administrative supervision.  In the case of K visas, there are two service centers that handle K1 and K3 visa petitions. Meanwhile, applications for Immigrant visas are received at the USCIS lockbox.

Finally, the creation of a Customer Service Directorate will be a boon to Immigration attorneys and laymen alike as the confusing aspects of the Immigration process can be clarified by contacting a USCIS Customer Service Representation. This author is happy to see that USCIS is taking the time to internally reorganize in an effort to provide better service to both United States Citizens as well as foreign nationals.

For those interested further reading about the US Immigration process please see: K1 visa process.

Tags: Immigration attorneys, K-1 Visa, K-3 Visa, K1 Visa, K1 Visa Process, K1 Visa Thailand, K3 Visa, US Visa Thailand, USCIS, USCIS Reorganization
Posted in K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Upcoming Legislation, US Visa and Immigration, US Visa Thailand, USCIS, Visa Waiver | No Comments »

For more information about how the IR-1 visa process works please see: IR1 visa Thailand. For further information about United States Immigration, United States Visas, and United States Immigration attorneys please see: US Visa Thailand.

The IR-1 visa in 2010

As with many of the other types of American visas, the IR-1 visa process seems poised to remain largely unchanged in the year 2010. However, the dawning of a new year, and a new decade, provides this author with an opportunity to discuss the IR-1 visa and how the IR1 visa process works.

For those who are not familiar with the IR1 visa, this is an immigrant visa, sought pursuant to a filing of an I-130 application, for those who wish to travel to the United States of America in order to take up lawful permanent residence. It is a travel document similar to the CR-1 visa. That being said, there is a major difference in the type of status each document confers upon entry in the United States. An IR-1 visa provides the bearer with unconditional lawful permanent residence upon entry. Whereas the CR-1 visa only provides the bearer with conditional lawful permanent residence upon admission to the USA. This can be a crucial difference as conditional residence requires that the couple file for a lift of conditions in order for the foreign spouse to be considered an unconditional lawful permanent resident. This is a critical difference because it means that a foreign spouse who enters in CR-1 status is considered a permanent resident only so long as her marriage remains intact. A divorce or death could lead to a situation where the foreign spouse is forced to depart the United States.

Fortunately for some couples, the conditionality of permanent residence is adjudicated at admission to the United States. Therefore, those who were married less than two years when they applied may be married more than 2 years at admission. In many cases, these couples will have the foreign spouse enter in IR-1 status rather than CR-1 status in order to facilitate later convenience.

CR-1 and IR-1 visas are currently taking approximately 5 months to process through the United States Citizenship and Immigration Service (USCIS) in the United States. This figure presupposes that the foreign beneficiary is a child or spouse of a United States Citizen. The process is very similar to the CR-1 visa process. That being said, there are those in Thailand who opt to submit a local filing at the USCIS office in Bangkok which can greatly reduce the processing time because USCIS: Bangkok has a much lower case load of such petitions when compared to the Service Centers in the United States of America. Also, a local filing does not process through the National Visa Center which can decrease the overall processing time as well.

In order to submit a local filing the couple must meet some fairly strict criteria, but should these requirements be met, the expedited processing time could be a virtual boon to those wishing to move quickly.

Tags: American Visa Thailand, I-130 application, IR-1 Visa, IR-1 Visa Thailand, IR1 Visa, IR1 Visa Thailand, Spouse visa Thailand, unconditional lawful permanent residence, US Visa Thailand
Posted in CR1 Visa, IR1 Visa, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »