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An L1 Visa is a travel document which is used to enter the United States of America for the express purpose of working in lawful L1 visa status. The visa categorized as L1 is a non-immigrant visa. The visa is valid for a short amount of time when compared to longer term United States visas, usually L1 visas are granted with a validity of 1-3 years.

L1 visas are statutorily intended to be used by the employees and executives of companies and business entities with an international presence. Generally, these entities have offices in countries abroad and in the United States. Some companies with no presence in the United States of America seek to set up a business presence in that jurisdiction while also maintaining a business presence in the home country. L1 visas were created for foreign employees to transfer to the company’s United States office after having been employed with the company’s foreign office for a minimum of at least one year prior to being approved for  L1 visa status. The office in the United States of America must be the direct owner of the US company (parent company relationship), subsidiary to the US company (child company relationship), or an affiliate of the US company (sister company relationship). The major factor in determining if two entities meet the L1 criteria has to do with a “commonality of shareholders.” This means that the two companies must be substantially intertwined from an ownership perspective.

There are two subcategories of the L1 visa. The L1A visa and the L1B visa.

L1A visas are reserved for for Managers and Executives.  The term “Manager” means one who oversees the day-to-day operations of the company or organization. Usually, Managers either supervise the endeavors of other subordinate managers or specialists, or else they oversee important tasks within the corporation. As a rule, a manager is one who has a great deal of authority with regard to routine operational issues.

Those employees who are considered “Executives” are tasked with providing leadership to the management of the company or of a significant division within the corporate hierarchy. Managers set company policy as well as long term goals and have a great deal of autonomy to make decisions regarding the direction of the company. They function with little or no scrutiny from supervisors.

L1B visas are granted to those with specialized knowledge of the company’s business or the inner workings of the company itself. The specialized knowledge denoted in this category is company specific, meaning that an L1B visa holder should be intimately aware of issues relevant to the overseas entity specifically.

A major concern of US immigration authorities is the, not unfounded, suspicion that some companies are changing their corporate structure in order to obtain visa benefits for their executives, managers, and specialists. This is of particular concern with regard to small companies. Readers should note that it is never advisable to make business decisions solely for the purpose of obtaining Immigration benefits as doing so could bring up issues of immigration fraud.

Note: The L1 visa is a dual intent visa, so even though the visa is for non-immigrants it is possible that the visa holder could eventually adjust status in the United States and obtain lawful permanent residence.

Tags: Adjustment of Status, American Visa Thailand, Dual Intent Doctrine, L1 Visa, L1 Visa Thailand, L1A, L1B, US Business Visa, US Company Thailand, US Visa Thailand
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For Thai-American couples seeking Lawful Permanent Residence (Green Card) in the United States for the spouse of an American Citizen the options are either the CR-1 or IR-1 visa. A CR-1 (Conditional Resident) visa provides conditional lawful permanent residence to the visa holder while the IR-1 (Immediate Relative) visa provides unconditional permanent residence upon entry into the United States.  An often asked question with regard to these visas: what is the difference?

When seeking a United States visa for a Thai spouse, the classic method of obtainment is through filing an I-130 visa application. After the I-130 is approved by either a USCIS Service Center in the United States or USCIS Field office abroad, it will be forwarded to a US Diplomatic post that adjudicates Immigrant visas. In Thailand, the US Embassy in Bangkok processes all US Immigrant visa petitions. Assuming that a visa is ultimately approved, the Thai spouse shall be entitled to travel to the USA in order to take up residence.

For those holding a visa conferring conditional permanent residence, it will be necessary to eventually file to have the conditionality of the visa lifted. In practical terms, this means that the Thai wife’s residence will no longer be based upon her marriage to an American citizen.  Instead, the permanent residence will become independent and unconditional. For those who enter the USA on a conditional resident visa and subsequently end their marriage during the conditional period, loss of permanent residence is highly likely.

Some people confuse the lift of conditions with adjustment of status. In cases involving a K-1 visa for a Thai fiance, adjustment of status is the process of obtaining conditional permanent residence for the fiancee (now wife) after marriage in the United States.  For those couples who adjust status in the US, after the adjustment interview, should the application be approved, the adjustment date will be that written on the adjustment of status approval letter from USCIS.

One must file for a lift of conditions within 90 days of the two year anniversary of the the Thai spouse taking up residence, in the case of adjustment the two year anniversary will be marked from the date of  adjustment approval. For the Thai who enters on a CR-1 visa, it will be the date the Thai spouse entered the USA.

In order to obtain a lift of conditions the I-751 application must be filed with an approved by USCIS. After approval, the Thai spouse may remain in the United States permanently.

For related information please see: Thailand permanent residence

(This post is for educational purposes only. It is not meant to be legal advice. No lawyer/client relationship is formed by reading this information.)

Tags: Adjustment of Status, AOS, CR-1 Visa Thailand, I-130, I-751, IR-1 Visa Thailand, K-1 Visa, K1 Visa Thailand, Lift of Conditions
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Crossing Over utilizes multiple perspectives to tell the story of immigrants from different countries aspiring to obtain Lawful Permanent Resident Status in the USA. The movies touches upon the issues of illegal border crossing, false documentation, asylum status, green card obtainment procedures, workplace enforcement, adjustment of status, naturalization, and counter terrorism.

It was interesting to watch this film because it depicted all of the different United States agencies and offices that oversee the immigration process. The film also provided exposure about what United States Immigration officers are deputized to do. That being said, I felt it was a massively unfair portrayal of the personal character traits of most of the officers in Immigration and Customs Enforcement (ICE) and United States Citizenship and Immigration Services.

The portrayal at the beginning of the film made it seem as though all ICE officers were heartless authoritarian brutes. In reality, I doubt this portrayal is accurate. I understand the reason for this less than flattering depiction: it was used to contrast Harrison Ford’s relative compassion when compared against his colleagues. From this standpoint, one can give the filmmakers some leeway on this point.

In another plot line of the film Ray Liotta plays a corrupt USCIS officer who uses his position as a top level adjudicator to bequeath a Green Card upon an aspiring actress in exchange for sleeping with him. If I was a USCIS officer I would be infuriated by this depiction. Its not that corruption doesn’t occur, but that portrayals such as this make it seem as though all employees of the agency lack an ethical compass, which I am sure is not the case.

Overall, I liked the movie because it brought up some interesting human issues, but from the context of United States Immigration I think it portrayed the government as all, or nearly all, bad.

I will say that I liked Ashley Judd’s performance as a United States Immigration attorney although it seemed somewhat stilted in places. Also, there were a few instances in the movie where I felt the attorney Judd played should have been more zealously advocating on behalf of her client. Can we say, “writ of habeas corpus?”

In closing, this was one of Harrison Ford’s best movies in years, which is not saying much if you have seen Indiana Jones and the Kingdom of the Crystal Skull. The movie had an all-star cast and I would argue it had no particular main character, which was interesting. The film effectively drew together multiple plot threads and culminated in some very moving sequences. I would recommend this film to anyone who is interested in the Immigration process or just enjoys well made films.

Tags: Adjustment of Status, Crossing Over, Green Card, Harrison Ford, ICE, Immigration and Customs Enforcement, USCIS
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In most cases where a US Marriage Visa is involved the couple does not need to concern themselves with the issue of adjustment of status. That being said, the K-3 visa is an exception because it is a non-immigrant visa.

One should not mistake “adjustment of status” for “change of status.” “Change of Status” only applies to persons transitioning from one non-immigrant visa category to another non-immigrant visa category. In the case of a transition from a non-immigrant to an immigrant visa cateogry, the proper term of art is “adjustment of status.”

The K-3 visa is a bit of an odd category because it requires two underlying USCIS petitions: the classic I-130 and the supplemental I-129f (usually reserved for K-1 visas).  A result of these dual applications is that an alien beneficiary spouse has the option of either adjusting status in the United States or returning to her home country for interview and Immigrant Visa conferral.

Some clients opt to adjust a Thai spouse’s status in the United States, while others take the position that returning home for the interview is more pleasant. The K-3 Visa lasts for two years, therefore many Thai beneficiaries use what could otherwise be the adjustment phase of the process to return home to Thailand in order to see family while at the same time finalizing the Immigrant visa process at the US Embassy in Thailand.

Should the foreign bride decide to adjust status stateside, then the process is similar to the adjustment of status process for a fiance visa. Upon approval of the Adjustment application, the K-3 visa beneficiary will be given lawful permanent residence.

There was a time when K-3 visas could be granted with a duration of up to ten years. Due to adjustment issues it seems Embassies stopped issuing these visas with 10 year validity. The reason may stem from the fact that government officials may have decided it was inefficient to let the I-130 petitions languish at Embassies abroad while the spouse of a US Citizen enjoyed a 10 year visa. Another issue could be that a US Citizen spouse dying could leave the foreign spouse stranded from an immigration standpoint because the K-3 is a non-immigrant visa category and the US Citizen’s death could result in precluding the foreign spouse from obtaining permanent residence based upon the marriage to the now deceased spouse. For these reasons, it may be prudent to submit an application for adjustment of status as soon as the beneficiary enters the USA on a K-3.

(Nothing herein should be assumed to act as a substitute for legal advice from a competent licensed attorney. No attorney-client relationship is created by reading this blog post.)

Tags: Adjustment of Status, K-1 Visa, K-3 Visa Thailand, us embassy bangkok, US Visa Thailand
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Adjustment of status is necessary after a beneficiary enters the USA and marries the K-1 visa petitioner. Adjustment of Status requires the filing of an I-485 application.

The Difference between “Adjustment of Status” and “Change of Status”

Many people going through the travails of Immigration procedure confuse “adjustment of status,” with “change of status.” In common vernacular the terms are similar, if not synonymous. However, in the context of US Immigration they have different meanings entirely.  If an alien adjusts status, this means that the alien changes from a non-immigrant visa category to an Immigrant visa category and is therefore accorded Lawful Permanent Residence (a Green Card). If a person present in the USA “changes status,” this means that they convert from one non-immigrant visa category to another.

K-1 Visas and Adjustment

As a hybrid visa, the K-1 allows an alien to enter the USA with the intent to marry an American and obtain a
Green Card. While the Green Card application is pending, the alien spouse is permitted to stay stateside. In fact, the alien spouse should not subsequently depart the US without first getting an advance parole travel document. Failure to obtain advance parole will very likely result in a K-1 visa conferee’s petition being canceled.

Provided the alien fiancee remains in status in the United States and the Adjustment of Status is approved, then lawful permanent residence will be conferred. This permanent residence will be conditional for 2 years. 3 months prior to the 2nd anniversary of adjustment, the couple should file for an I-751 removal of conditions of residence in the United States. After the removal of conditions occurs the alien will able to remain a resident unconditionally.

Appeals of Negative Adjustment of Status Decisions

In a situation where the adjustment of status from K-1 to Lawful Permanent Residence has not been approved, the decision can be appealed. Also appeals can be made pursuant to Section 586 of Public Law 106-429 if the appellant meets the requirements set forth in the rules.  Any appeal of an adverse adjustment ruling should be submitted to the Administrative Appeals Unit (AAU) for review. As a general rule, the applicant who has been denied adjustment must appeal within Thirty-Three days of the Immigration Judge’s ruling. Upon receipt of the appeal application and remittance of processing fee the appeal is forwarded to the Board of Immigration Appeals in the US Capital for review and adjudication.

(It should be noted that an appeal should not be confused with a waiver. In cases where a legal ground of inadmissibility is found to exist, the consular officer’s decision is not subject to appeal, but instead a waiver may be obtained.)

Nothing Contained herein should be viewed  as a substitute for legal advice from a licensed professional. Obligations inherent to an attorney-client relationship are not to be assumed to arise simply from reading this post due to the fact that no such relationship exists between the author and reader.

Tags: Adjustment of Status, American Visa, change of status, Fiancee Visa, Immigration appeal, Inadmissibility, K-1 Visa, K1 Visa Thailand, US Immigration, Waiver, waiver of inadmissibility
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What Happens After the K1 Visa Interview?

After the visa interview a fiancee will either receive a 221 g request for more information, an outright denial, or an approval of the visa application and a visa will be placed into her passport.  A frequently asked question: how long before she must use the visa to the USA? Generally, the answer to this question is 6 months from the issue date. Therefore, a Thai fiancee will need to present her visa at a port of entry in the USA within 6 months of visa issue or else the visa will expire and she will need to obtain a new one before presenting herself at the port of entry again. Getting past the port of entry is usually a smooth process and the worst inconvenience imposed upon the Thai fiancee will likely be the existence of a long line at the United States Customs and Immigration checkpoint.

So you have gotten your fiancee to the United States from Thailand using a K-1 Fiancee. She has gotten past the port of entry in the United States and she is currently in lawful K1 status in the USA: Now What?

A question many couples pose after completing the K-1 visa obtainment process is: does my fiancee need to leave the USA within 90 days? No, you and your fiancee must get legally married and apply for adjustment of status to permanent residence in order for your fiancee to remain in the US legally. While an adjustment of status application is pending the Thai fiancee is entitled to remain in the USA.

If the couple decides that for logistical reasons a marriage is not feasible, the the Thai fiancee will need to depart the United States before the visa’s validity expires.  An issue that arises with regard to this type of situation: under the provisions of the International Marriage Broker Regulation Act a US Citizen is only allowed to petition for one K1 visa every 2 years and if petitioning for more than one K1 within that time period, a waiver must be obtained. Generally, where there was good reason for failure to conduct a marriage and this reason is properly explained to the USCIS adjudicator, a waiver will be issued and the couple would be able to obtain a second fiance visa.

Please see US Visa Thailand for more information

(Please note: Nothing contained within this blog post should be construed as creating an attorney-client relationship between author and reader. This post is meant for informational purposes only and is not meant to act as a substitute for individual legal advice from a licensed attorney.)

Tags: Adjustment of Status, Fiance Visa Thailand, IMBRA, K1 Visa, K1 Visa Thailand, US Visa Thailand
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One of the more confusing aspects of US Immigration from the perspective of laypeople is deciphering all of the legalese that US Immigration attorneys use when writing about US visas. To clear up some of the confusion, this post defines some of the most used jargon so that the average reader researching American Immigration can better understand the subject matter.

USCIS: The Acronym for the United States Citizenship and Immigration Service. The government entity formerly known as the INS (Immigration and Naturalization Service). USCIS is the office that adjudicates petitions for immigration benefits.

K1 Visa: The K1 Visa is a Fiance Visa in that it allows the unmarried fiance of a US Citizen entry into the United States for 90 days for the sole purpose of marrying the US Citizen (who filed the petition for the visa) and adjusting status in the United States.

I-129f: The K1 visa application filed and adjudicated at a USCIS service center.

Immigrant Visas: Visas that confer permanent residence upon entry (in the context of this blog this term is used interchangeably with the terms IR-1 and CR-1)

IR-1 Visa: a visa that confers permanent residence upon entry to the USA of an immediate relative of a US Citizen (for the purpose of this blog the IR-1 is generally used to refer to a visa for Thai-American married couples who have been married for more than 2 years.)

CR-1 Visa: Conditional Resident Visa, a visa that confers conditional permanent residence to the visa holder (for the purposes of this blog this term is generally used for marriage visas in which the underlying marriage has lasted less than 2 years in duration).

I-130 petition: the application form for obtaining an Immigrant Visa. It is filed and adjudicated at USCIS.

K-3 Visa: a K-3 Visa is a non-immigrant marriage visa originally designed as an expedited marriage visa when the I-130 petition was taking as long as 3 years to process. It requires a dual filing, and underlying I-130 petition as well as a subsequent I-129f petition in order to obtain the expedited visa.

Direct Consular Filing: refers to the method of directly filing a visa petition with a consulate or Embassy in a foreign country. Sometimes the term “Direct Consular Filing” is used interchangeably with the term “local filing.”

Local Filing: Generally, for the purposes of this blog this term is used when describing the method of filing an immigration petition at the USCIS district office overseas (Specifically the USCIS Bangkok District Office).

Adjustment of Status: Adjustment of status or AOS is the procedure of converting a non-immigrant visa holder into Lawful permanent residence (Green Card holder).

Advance Parole: An immigration travel document that allows an alien, with an adjustment of status application pending, to leave the USA and still keep their status from being canceled upon departure from the USA. Advance parole is necessary where a fiance has entered the United States on a K1 Visa and subsequently leaves before an adjustment of status is complete.

Green Card: A colloquial term for the document proving lawful permanent residence.

United States: According to the Immigration and Nationality Act of the United States, the definition of United States, “when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.“

Reentry Permit: A permit needed for a Lawful Permanent Resident who wishes to remain outside of the USA for a prolonged period of time. The reentry permit is necessary in order to mitigate against the presumption of abandonment of adjustment of status when a permanent resident leaves the United States.

I-134 affidavit of support: the affidavit of support necessary for the K1 Fiance visa, this affidavit shows that the US Citizen will be able to support the fiancee at the statutorily prescribed level.

I-864 affidavit of support: the affidavit of support used in conjunction with the Immigrant Visas for showing that a US Citizen can support his wife at the statutorily prescribed level.

Joint Sponsor: A person who jointly sponsors a visa beneficiary should the US Citizen petitioner not meet the statutory requirements to sponsor a beneficiary on his own.

For more information on US Visas Generally please see USA Visa Thailand

Note: None of the above should be used in lieu of legal advice from a competent licensed attorney in the readers jurisdiction

Tags: Adjustment of Status, advance parole, CR-1 Visa, Green Card, I129f, I130, IR-1 Visa, K1 Visa, K3 Visa, US Visa Thailand, USCIS
Posted in US Embassy Thailand, US Visa and Immigration, US Visa Thailand | 2 Comments »

The CR-1 Visa is one of, if not the, most common US Visa sought for Thai Loved ones seeking to journey to the USA (The K1 Fiance Visa from Thailand is another widely used US Immigration tool from Thailand, please see Fiance Visa Thailand for more details). The reason for this is likely due to the fact that many Thai-American couple’s situation fits the criteria of a CR-1 Visa.

CR-1 stands for “conditional resident 1,” in practical terms this means that a person in the US on a CR-1 Visa has conditional permanent residence. In practical terms, the difference between conditional permanent residence and unconditional permanent residence is that a conditional permanent resident could lose their permanent residence status. A situation in which one might lose their permanent residence would be where a Thai/American married couple obtains a Cr-1 Visa on behalf of the Thai wife. Subsequent to obtaining the CR-1 Visa and entering the US, the couple divorces, but not before they file for a “lift of conditionality.” (A lift of conditions of a CR-1 Visa is generally filed by the American Citizen spouse at the 2 year anniversary of the permanent resident’s entry into the USA) If the lift of conditions has not been granted and the couple has divorced, then the condition upon which the visa was granted has ceased to exist and therefore the visa should be revoked. There are exceptions that allow for a Cr-1 visa to have the conditions lifted without the US Citizen Spouse’s consent (Most notably the violence against women act), but these situations are limited.

An IR1 visa does not have these conditions. In order to apply for this visa, the Thai-American couple must have been married for at least 2 years. If they meet this requirement then after obtaining the visa at the US Embassy in Thailand, then the Thai spouse will enter the US on an Ir-1 Visa which confers unconditional permanent residence from the moment the Thai spouse enters the United States.

The form necessary to obtain a CR-1 Visa is the I-130 petition. It should be filed with the USCIS office having jurisdiction over the area in which the US Citizen spouse resides. One of the reasons why a CR-1 Visa is sought over a K-3 in Thailand Visa is the fact that a K-3 Visa requires Adjustment of Status for a Thai wife. A Thai wife entering on a CR-1 Visa does not need to adjust her status in the USA, only obtain a lift of conditionality.

As with all US Immigration matters it is always wise to obtain the advice of a duly licensed US Immigration Attorney with experience dealing with US Immigration Law. Integrity Legal’s Managing Director is a licensed US Attorney and member of the American Immigration Lawyer’s Association. When seeking licensed a Immigration Lawyer AILA can be an invaluable resource.

Tags: Adjustment of Status, American Visa Thailand, Bangkok Lawyer, CR-1, CR-1 Visa Thailand, CR1 Visa, K1, K1 Visa, K1 Visa Thailand, K3 Visa Thailand, Lift of Conditions, US Immigration Thailand, US Visa Thailand
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