Integrity Legal

In previous posts on this blog we have provided information regarding the updated processing time estimates for K1 visa applications, K3 visa applications, and CR1 visa applications. This is simply an update as to the processing times at the time of this writing. For more information please see other posts on this blog or the website of the United States Citizenship and Immigration Service (USCIS). To go to the USCIS website directly, please click here.

That being said, the following are the processing times for the USCIS Service Center in California. Please note that the I-131 application is for an advance parole travel document.

These are the estimated processing times for the USCIS Service Center in Vermont. Please note that the I-131 application is for an advance parole travel document

Always remember that USCIS Processing times are estimates only as each and every case is unique and therefore determining the processing time of one particular case can be very difficult.

Tags: advance parole, Fiance Visa Thailand, K1 Visa Process, K1 visa processing time, K1 Visa Thailand, K3 Visa Process, K3 Visa processing time, K3 Visa Thailand, US Visa Process, US Visa Processing Time, US Visa Thailand, USCIS Processing Times
Posted in CR1 Visa, Fiance Visa Thailand, General Legal Information, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In a previous post on this blog we discussed how the Center for Disease Control, in conjunction with the Department of Homeland Security (DHS) and the United States Citizenship and Immigration Service (USCIS), is in the process of taking HIV off of the list of diseases that will bar entry into the USA. Recently, it has come to this author’s attention that the vaccine for the Human Papillomavirus (HPV) will no longer be a requirement for those seeking to immigrate to the United States of America. Under the current regulations, it is required that all applicants seeking an Immigrant visa, or a non-immigrant dual intent visa such as a K1 visa or K3 visa, are required to be vaccinated against HPV if they are under the age of 26 at the time of application. This requirement can lead to considerable expense for those wishing to obtain United States Immigration benefits.

The American Immigration Lawyers Association (AILA), recently released information from the Final Notice on Criteria for Vaccination Requirements, the follow are excerpts from that notice:

“On April 8, 2009, the Centers for Disease Control and Prevention (CDC) published a notice in the Federal Register (74 FR 15986) seeking public comment on proposed criteria that CDC intends to use to determine which vaccines recommended by the Advisory Committee on Immunization Practices (ACIP) for the general U.S. population should be required for immigrants seeking admission into the United States or seeking adjustment of status to that of an alien lawfully admitted for permanent residence. This final notice describes the criteria that CDC has adopted.”

The notice goes on to discuss the criteria that the CDC and US Immigration officials use to determine whether or not intending immigrants should be required to get a vaccination. After a detailed analysis of the guidelines, policy, and regulations the report concludes:

“Therefore, because HPV does not meet the adopted criteria, it will not be a required vaccine for immigrant and adjustment of status to permanent residence applicants.”

The proposed rule will likely be effective early in 2010. However, it should be noted that until the rule is finalized the current rules and regulations still stand. Therefore, those intending immigrant being interviewed at the time of this writing must still get the required HPV vaccination if they are under the prescribed age. Currently, this is not a requirement for tourist visas, student visas, and exchange visitor visas as such travel documents are classified as non-immigrant. Even though the K1 fiance visa and K3 marriage visa are technically non-immigrant visas they are treated as immigrant visas for the purposes of the aforementioned rule because these visas allow for dual non-immigrant and immigrant intent.

Tags: American Visa Thailand, Fiance Visa Thailand, HPV Vaccine, K1 Visa Thailand, US Visa Thailand, USA Visa Thailand
Posted in Adjustment of Status, 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 Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS | 1 Comment »

In a previous post the issue of the G-28 Notice of Attorney Appearance was discussed. The United States Citizenship and Immigration Service had changed the form in order to update its contents to more accurately convey information regarding the exact nature of an attorney’s representation of a client before the various agencies under the jurisdiction of the Department of Homeland Security. Recently, this author has learned through the American Immigration Lawyers Association that USCIS will continue to accept the old form and will not reject an application simply for utilizing the previous form. To quote USCIS through AILA:

“U.S. Citizenship and Immigration Services (USCIS) announced today that the previous version of the Notice of Entry of Appearance as Attorney or Representative (Form G-28) will be accepted until further notice… On Oct. 1, 2009, USCIS announced the publication of a new Form G-28 and provided a 30-day grace period, until Oct. 30, for accepting previous versions at the USCIS Lockbox facilities or USCIS Service Centers. USCIS encourages attorneys and accredited representatives to use the new Form G-28, however, USCIS will not reject filings of the previous Form G-28 version until further notice. This will allow law students who represent immigrants to use the previous form until changes can be made to the form to accommodate their unique situation.”

As stated previously, the submission of a G-28 puts the United States government (in the form of the Department of Homeland Security, Immigration and Customs Enforcement, Cutoms and Border Protection, and the United States Citizenship and Immigration Service) on notice that an attorney has officially entered their appearance in the case.

Also a G-28 is an effective way of determining if one is dealing with an actual attorney or simply working with a “visa company,” “visa agency,” or phony unlicensed “lawyer.” Unless the government is willing to correspond directly with one’s attorney it may be wise to seek representation elsewhere because this is an integral component of the Immigration attorney-client relationship.

Each and every US Embassy or US Consulate is under the jurisdiction of the US Department of State and not the Department of Homland Security. Therefore, a G-28 has no bearing on these organs of government, but the US Embassy will correspond with an attorney in matters pertaining to a visa application if the attorney is licensed to practice in the USA. That being said, generally the Embassies and Consulates will not deal with unlicensed so-called “lawyers,” and as a result, such an individual can be of little assistance in processing US visa applications.

Tags: AILA, G-28, G28, Immigration attorney, Immigration Lawyer, New G-28, New G28, Old G-28, Old G28, US Visa, US Visa Thailand, USCIS
Posted in Fiance Visa Thailand, General Legal Information, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Legal Opinion, Miscellaneous, Thailand Business, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

As stated previously on this blog, in most cases where a foreign spouse has entered the United States of American on the CR1 visa the Petitioner and the Beneficiary must jointly file a petition to lift conditions of the Beneficiary’s permanent residence. Unfortunately, there are situations where the Beneficiary is in an abusive relationship and this creates a problem because the Beneficiary does not want to contact the Petitioner in order to have the Petitioner assist with filing the application for a lift of conditions. Luckily, there was a law passed to deal with this problem: the Violence Against Women Act (VAWA).

The Violence Against Women Act was passed by Congress in 1994. Under its provisions, the abused spouse of a United States Citizen or Lawful Permanent Resident is allowed to self-file for a lift of conditions. This allows for the battered or abused spouse to file for a lift of conditions without the assistance, or even the notification, of the abusive spouse. It should be noted that the abuse does not need to be physical, emotionally or psychologically abusive behavior on the part of the US Citizen or Lawful Permanent resident spouse could be used as a legitimate reason to submit a self-filed petition to lift conditions. Those who have been in an abusive relationship and wish to self-file for their lift of conditions should document the behavior they feel is abusive.

It should be noted that these petitions are likely to be heavily scrutinized. The policy reason behind the enforcement of a Conditional Residence period is to be certain that a marriage is bona fide and not a “sham marriage,” or “marriage of convenience” which was entered into for the sole purpose of gaining a US Immigration benefit. In some cases involving a VAWA self-filed petition for a lifting of conditional resident status, suspicions could be raised in the mind of the adjudicating USCIS officer as to the bona fides of the original marriage and the bona fides of the claim to have been the victim of abuse. For this reason, gathering evidence of abuse is critical to a sucessful VAWA petition. In cases involving physical abuse, a police report documenting an incident where the American Citizen or Lawful Permanent Resident spouse was abusive could be a strong piece of evidence used to support a self-filed VAWA petition. Also, retaining a licensed attorney with experience in United States Immigration matters may be advisable as VAWA petitions can be highly complex.

Tags: CR1, CR1 Visa, CR1 Visa Lift of Conditions, CR1 Visa Thailand, US Vis Thailand, VAWA, VAWA Lift of Conditions
Posted in CR1 Visa, General Legal Information, Miscellaneous, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The National Visa Center (NVC) acts as s sort of clearinghouse and intermediary for United States visa applications. Their duties as an intermediary can be shown in the way the NVC receives cases from the Department of Homeland Security’s United States Citizenship and Immigration Service and forwards them on to United States Embassies and Consulates abroad. This function has been documented in detail in previous posts on this blog. However, NVC functions very differently in cases involving Immigrant visas (CR1, IR1) then it does in cases involving the non-immigrant dual intent family visa categories, most notably the K1 visa and the K3 visa.

A K1 visa application or K3 visa application spends a relatively short period of time in the possession of the NVC. In Immigrant visa cases, this is not true. Applications for a CR1 visa or an application submitted for an IR1 visa are held at NVC for a substantially longer period of time. Unlike the K1 and K3 visa categories, packet 3 is sent out by the NVC and not the US Embassy abroad.

The United States Immigration authorities at the American States Department have made the administrative decision to handle all packet three matters at NVC rather than making the Consulates and Embassies handle this aspect of the process. In a way, the decision makes sense as the NVC is in a better position to specialize in this phase of the process. Also, NVC conducts a rather detailed security clearance to make certain that the prospective immigrant is not a threat to National security. Also, NVC will take the affidavit of support fee and process the United States Citizen or Lawful Permanent Resident’s I-864 Affidavit of Support.

It should be noted that in cases where the petitioner is resident abroad, it may be possible to submit a Direct Consular Filing (DCF) or a USCIS local filing. In cases such as this, the case file will not be sent to the NVC, but will either be processed entirely at the Embassy or Consulate; or it will be sent from the local USCIS office directly to the US Embassy. In the case of Thailand, the Bangkok office of USCIS will send all approved locally filed Immigrant visa applications directly to the US Embassy in Bangkok. As the USCIS office is directly across the street from the US Embassy, sending this file directly to the Embassy is usually a very straightforward process.

Tags: Affidavit of Support, CR1 Visa, CR1 Visa Thailand, IR1 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Visa, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, General Legal Information, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Miscellaneous, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, USCIS | No Comments »

Recently the United States Citizenship and Immigration Service (USCIS) issued an update reminding foreign nationals in the United States about advance filing for advance parole travel documents. The American Immigration Lawyers Association website summed up this update:

“USCIS reminds individuals that they must obtain Advance Parole (permission to reenter the U.S. after traveling abroad) from USCIS before traveling abroad if they have: been granted TPS; pending application for adjustment of status to lawful permanent resident; a pending application for relief under NACARA 203; a pending asylum application; or a pending application for legalization.”

Advance parole is a particularly relevant issue with regard to those who enter the United States on a K1 fiance visa. K1 entrants have 90 days to marry and file for an adjustment of status. In many cases, applicants file for an advance parole travel document at the same time that they file for the adjustment. That being said, other applicants opt not to take this course of action. In the event of an emergency it may be possible to obtain an expedited advance parole, but these are only granted at the discretion of the adjudicating officer at the local office of USCIS that has jurisdiction over the Petitioner’s (and Beneficiary’s) place of residence.

Even where it may not be immediately necessary, there may be some benefit in applying for an advance parole travel document at the time of adjustment because one never knows what might happen and a sudden family emergency in the Beneficiary’s home country could have the doubly negative effect of causing the Beneficiary to fall out of lawful status, if she leaves the US, with the result that the entire visa process must begin anew.

Even though the K3 visa is a non-immigrant dual intent visa similar to the K1 visa, it does not require advance parole for the beneficiary because it is a multiple entry 2 year visa. Therefore, the K3 visa holder does not fall out of status if they depart the US while their adjustment of status petition is pending. The CR1 and IR1 visas are immigrant visas, therefore, the adjustment process has essentially been completed when the Beneficiary enters the USA. With that in mind, if the CR1 or IR1 visa holder intends to be outside of the United States for longer than 6 months it may be advisable to obtain a US reentry permit as this would forestall a presumption that the permanent resident has abandoned his or her US residence.

Tags: advance parole, CR1 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Visa Thailand, USCIS
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Miscellaneous, US Visa and Immigration, USCIS | 3 Comments »

Recently, Alejandro Mayorkas was appointed as the Director of the United States Citizenship and Immigration Service within the United States Department of Homeland Security. Mr Mayorkas was recently interviewed by members of the United States and foreign press corps in an effort to hear his views on United States Immigration policy and the future of US Immigration law.

Below are some of the important quotes that this author found both interesting and insightful, the full interview transcript can be read here.

This blog is mostly dedicated to United States family immigration and visas. Therefore, it was a pleasure to hear that Mr. Mayorkas considers US Family Immigration to be a major priority of his agency:

“…One of the goals of an immigration system[:] family unification. Do the laws that we have now achieve that most ably? That’s a question that is — that I think is a valid one to ask. And so we have to take a look at the goals, as a nation, of our immigration system and ask does the structure that we have in place – or do the mechanisms that we have in place accomplish those goals most ably, most completely and most efficiently? And where there are shortcomings, that is, indeed, what immigration reform is in part about.”

As we have posited previously on in this forum, the current system of adjudicating non-immigrant family visas could be considered redundant and a poor distribution of resources. In the case of the K1 visa and the K3 visa one could make a valid argument that such visas, as they involve the doctrine of dual intent, could be completely adjudicated at the Embassies and Consulates abroad while letting USCIS deal with more pressing issues at home. If K visa non-immigrant family members do decide to adjust status, then the USCIS will need to deal with the case as the adjudication will occur under their domestic authority.

Mr. Mayorkas was also quoted as saying, “The fact that I myself was once a refugee to this country informs my views of our agency’s mission and the priorities that we will carry forward, during the time that I am privileged to serve.” This author is definitely happy to see a Director who has personal knowledge of the Immigration system. Hopefully, these personal insights will result in a net benefit for everyone who has dealings with USCIS.

The Director was further quoted as saying,

“The goal of family reunification is indeed one that we hold dear to our efforts as we try to administer the immigration laws fairly and with justice always in mind. Ultimately, our adjudications are indeed on an individualized basis, and there are mechanisms that the law acknowledges to achieve family reunification in particular cases. And that is very much a part of the work that we do.”

This author is happy to hear such sentiments from the Director of USCIS and hopefully this is a sign of things to come as the Immigration system becomes a more compassionate and efficient agency of the US government.

Tags: Alejandro Mayorkas, American Visa, K1 Visa, K3 Visa, US Immigration, US Visa, US Visa Thailand, USCIS
Posted in Adjustment of Status, K1 Visa, K3 Visa, Legal Opinion, Miscellaneous, US Visa and Immigration, US Visa Thailand, USCIS | 1 Comment »

Recently the United States Citizenship and Immigration Service (USCIS) announced that a revised form has been issued for those who wish to file for an I-601 Waiver. An I-601 waiver is a waiver of legal grounds of inadmissibility under the United States Immigration and Nationality Act. An alien is found inadmissible if they meet the elements of inadmissibility under the act. Common grounds of inadmissibility among applicants in Thailand are overstay, prostitution, Crimes involving moral turpitude, and health related grounds. If a finding that one of these grounds exists is made by the Consular or Immigration officers, then the applicant must seek an I-601 waiver before they will be entitled to enter the United State lawfully.

In recent days, USCIS has been revising some of the forms that they will accept in connection with certain immigration matters. For example, USCIS recently announced that they will only be accepting an updated version of the G28 Notice of Attorney Appearance. Those who have already filed applications for Immigration benefits before this update comes into effect will not need to submit any new forms as the service will continue to recognize the old forms in an effort to seamlessly transition from the old forms to the new. These efforts seem to be an attempt to streamline the, somewhat complicated, administrative aspects of the US Immigration application process. To quote directly from the USCIS press release:

USCIS has revised Form I-601, Application for Waiver of Grounds of Inadmissibility (Revision Date 04/06/09 N, OMB Expiration Date 04/30/11) to make it easier for applicants to complete. Applicants may now select from a list of grounds of inadmissibility on the form itself and mark all which apply to them in order to request a waiver. In addition to the list, the form includes a section where applicants can describe, in their own words, why they believe they are inadmissible. In the previous edition of Form I-601, information about grounds of inadmissibility could only be found of the form’s instructions.

We applaud the efforts on the part of the Service to make this process less complicated and more straightforward. For those interested in submitting a successful I-601 waiver application, it should be remembered that in most cases involving an I-601 waiver, the applicant(s) must show that to deny the waiver would result in an “extreme hardship” to a United States Citizen or Lawful Permanent Resident. This can be a difficult legal obstacle to overcome which is why it may be wise to retain an immigration lawyer to assist with the preparation and submission of such a petition.

Unlike the United States Embassy in Bangkok, which only has jurisdiction ovr the Kingdom of Thailand. The local USCIS office in Bangkok has administrative jurisdiction over most of Asia. Therefore, I-601 waiver applications filed in connection with a K1 visa, K3 visa, or CR1 visa sought from Asia could be submitted at USCIS Bangkok.

Tags: 601 Waiver, I-601, I-601 Waiver, I601, I601 Waiver, Immigration Lawyer, Immigration Lawyer Bangkok, US Immigration Lawyer Bangkok, US Immigration Lawyer Thailand, us visa bangkok, US Visa Burma, US Visa Myanmar, US Visa Thailand, USCIS Bangkok, USCIS Thailand
Posted in Fiance Visa Thailand, General Legal Information, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Legal Opinion, Miscellaneous, us embassy bangkok, US Embassy Burma, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS, Visa Waiver | 1 Comment »

For those researching the United States visa process a document called Notice of Action 2 is mentioned many times in relation to spouse and fiance visa applications. This post is a brief description of what Notice of Action 2 is and what it means for a pending application.

When a United States visa application is submitted the first piece of correspondence that arrives from the United States Citizenship and Immigration Service  (USCIS) Center is a receipt called Notice of Action 1 (NOA 1). This puts the petitioning party on notice that the application has been received by the USCIS Service Center. There are certain situations where the adjudicating officer decides that more information or evidence needs to be provided before the application can be properly adjudicated. In cases such as this, a Request for Evidence (also known as an RFE) will be issued and sent to the petitioner. However, in most cases, further evidence is not necessary and if the application is approved then Notice of Action 2 is sent to the petitioner. If the application is denied, then a notice will be sent to the petitioner as well.

Although not extremely common in cases involving visas for the family members of United States Citizens, USCIS denials can occur. Denials are usually the result of a petition that did not go far enough in showing that a bona fide relationship between Petitioner and Beneficiary existed at the time of the filing. Another common reason for denial is that the petitioner applied for the wrong type of visa. A common misconception in Thailand involves customary marriages and their effect upon a couple’s United States Immigration options. In Thailand, if a Thai marriage is not registered at the Civil Registrar’s office (Amphur), then the marriage is not legally binding and not recognized by the United States Citizenship and Immigration Service as a basis for receiving US Immigration benefits. Therefore, if a couple who has only been married unofficially submits a petition for an IR1 visa, CR1 visa, or K3 visa then they will be denied because they do not meet the statutory requirements for visa issuance. However, the couple in this situation may be eligible for a K1 visa.

After USCIS issues Notice of Action 2, the petition will be sent to the National Visa Center. In cases involving Immigrant visas, the NVC holds the petition for a fairly long period of time. However, in cases where a K1 visa is being sought, the NVC does not hold the application for a long time. They will usually conduct a Security clearance and forward the file to the US Embassy, in cases involving Thai fiancees they will forward the application to the US Embassy in Bangkok. The United States Consulate General in Chiang Mai does not generally handle US Immigrant visa cases.

Tags: CR1 Visa Thailand, Fiance Visa Thailand, IR1 Visa Thailand, K1 Visa Thailand, K3 Visa Thailand, NOA 2, Notice of Action 2, Thailand Marriage Registration, us embassy bangkok, us embassy thailand, us visa denial, US Visa Thailand
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | 1 Comment »

In a previous post, we discussed the initial submission of an application for a United States visa for a foreign loved one. In this post we will discuss what needs to be done in the event of a request for evidence from the United States Citizenship and Immigration Service (USCIS). After USCIS receives an American Citizen’s US Immigration application, they send out a receipt notice commonly referred to as Notice of Action 1, or NOA 1. In the vast majority of ultimately successful cases the Notice of Action 1 is followed by the Notice of Action 2 approval notice. However, there are cases where an adjudicating officer at USCIS requests further documentation. In most Requests for Evidence (RFE) the deficiency of evidence is based upon the fact that one or more of the documents was illegible. This is why clearly legible documentation should always be provided when submitting an application to USCIS.

In order to forestall receiving an RFE, many couples opt to retain an Immigration attorney to assist in the filing of a United States visa application. An experienced United States Immigration attorney can predict what the officers will wish to see in order to favorably adjudicate a petition. However, simply retaining an attorney will not guarantee that a Request For Evidence will not be made, but if an RFE is sent, then the attorney can handle it and deal with the documentary deficiency.

The RFE will specify which documents are either missing or illegible. After specifying the deficiency, the RFE will go on to state how the deficiency can be dealt with and the deadline the applicant and petitioner will have to remedy the problem by sending the requested documentation.

In a way, an RFE is similar to a 221g refusal from the United States Embassy. The reason these requests are similar is that both require that the applicant or petitioner provide further documentation before an approval will be granted. The major difference between these two requests is the fact that officers of the United States Department of State issue 221 g requests while officers of the United States Department of Homeland Security issue requests for evidence. In both cases, the documentation is requested usually in an effort to conduct due diligence to ensure that the Immigration benefit should be accorded to the beneficiary.

In K1 visa applications the adjudicating officer is usually requesting evidence that shows the bona fides of the relationship or the status of one of the parties. In K3 or CR1 visa applications, the officer is usually seeking evidence regarding the couple’s marital status or the status of the parties before the marriage occurred.

Tags: CR1 Visa Thailand, K1 Visa Thailand, K3 Visa Thailand, Request For Evidence, RFE, US Embassy, US Visa Thailand, USCIS
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, Legal Opinion, Miscellaneous, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »