Integrity Legal

Those who read this blog with any frequency may have taken note of the fact that the administration routinely posts the estimated processing times of the United States Citizenship and Immigration Service (USCIS) for the various relevant visa categories. To quote directly from the official website of USCIS:

Those researching American family based visas such as the K-1 visa and the IR-1 visa are asked to note that the estimated processing times noted above do not include the processing time for the National Visa Center (NVC) and the consular processing times for each US Embassy or US Consulate abroad.

For related information please see: US Visa Thailand.

Tags: advance parole, CR-1 Visa, CR-1 Visa Process, EB-5 Visa, Employment Authorization Document, IR-1 Visa Process, K-1 Visa, K-1 Visa Process, K-3 Visa, K-3 visa process, L-1 visa, United States Citizenship and Immigration Service, USCIS, USCIS Processing Time, USCIS Processing Times
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For those who follow this blog with any degree of regularity it may have noticed that the administration routinely posts the updated processing times for the United States Citizenship and Immigration Service (USCIS). To quote directly from the official website of USCIS:

It should be noted that these processing times only represent the processing times for USCIS. During the US visa process, an applicant for, say, a K-1 visa (US fiance visa) or a CR-1 visa (or any visa which requires an approved immigration petition) must undergo Consular Processing following USCIS approval. Therefore, in most cases the approved petition will be sent to the National Visa Center (NVC) before being forwarded to the US Embassy or US Consulate with appropriate jurisdiction. Meanwhile, those who utilize Direct Consular Filing methods or submit an I-130 petition with USCIS abroad should disregard the times noted above as they only pertain to USCIS Service Centers in the USA.

For related information please see: US Embassy Thailand or Consular Processing.

Tags: advance parole, CR-1 Visa Processing Time, CR-1 Visa Thailand, EB-5 Visa Processing Time, Employment Authorization Document, I-129f Processing Time, I-130 Processing Time, IR-1 Visa Processing Time, IR-1 Visa Thailand, K-1 Visa, K-1 Visa Processing Time, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, L-1 Visa Processing Time, United States Citizenship and Immigration Service, us embassy thailand, US Visa Process, USCIS, USCIS Processing, USCIS Processing Times
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It recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) will be changing their procedures in matters pertaining to address changes. To quote directly from the website of the Division of International Services NIH Office of Research Services:

The U.S. Citizenship and Immigration Services (USCIS) has announced new mailing addresses for submitting the Form AR-11. The form must now be mailed to an office in Kentucky, and not to the USCIS Headquarters in Washington, D.C.

Forms submitted via the U.S. Postal Service should be sent to:

U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134

Forms submitted via commercial overnight or freight services should be sent to:

U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

Any forms previously mailed to the USCIS Headquarters will be forwarded to the Kentucky office. A new version of the Form AR-11, which includes the new mailing addresses, has been issued and is now available on the usCIS website (click here to download a copy of the form). Additional information on the change of address is available here on the USCIS website.

The administration of this blog highly recommends that readers click on the above link to read the full announcement.

This issue could be of particular importance for those who have recently filed a petition for immigration benefits and subsequently moved their place of residence. Also, those who enter the United States of America in K-1 visa status (the categorical name for the US fiance visa) should take note of the above announcements as K-1 visa holders are required to submit an application for adjustment of status in order to be granted lawful permanent residence in the USA. In some cases, a bi-national couple may find that they need to change their address while the adjustment of status is pending. Failure to advise the United States Citizenship and Immigration Service (USCIS) of such a change could result in processing delays or a situation in which a couple is not notified of an upcoming adjustment of status interview. This could result in the couple missing said interview and the K-1 fiancee falling out of status due to a deficient adjustment. For these reasons, keeping USCIS abreast of one’s address while a petition is pending is very prudent.

In a recent posting on this blog it was also noted that the USCIS has recently changed their policy regarding employment authorization and advance parole. The service is apparently issuing advance parole on the same document that grants employment authorization prior to adjustment. Advance parole is a benefit that can be granted to those holding K-1 visa status which allows the visa holder to leave the country while an adjustment is pending. Failure to obtain advance parole prior to leaving the USA could result in the K-1 visa beneficiary falling out of status and thereby requiring the process to be restarted all over again.

For related information please: K1 Visa Thailand.

Tags: Adjustment of Status, advance parole, American Fiance Visa Thailand, AR-11, AR11, change of address, Employment Authorization, K-1 Visa, K-1 Visa Burma, K-1 Visa Cambodia, K-1 Visa China, K-1 Visa Hong Kong, K-1 Visa India, K-1 Visa Indonesia, K-1 Visa Japan, K-1 Visa Korea, K-1 Visa Laos, K-1 Visa Macau, K-1 Visa Malaysia, K-1 Visa Myanmar, K-1 Visa Singapore, K-1 Visa Sri Lanka, K-1 Visa Taiwan, K-1 Visa Thailand, K-1 Visa Vietnam, K1 Visa, K1 Visa Thailand, United States Citizenship and Immigration Service, US Fiance Visa, US Fiance Visa Thailand, USCIS, USCIS change of address form
Posted in K1 Visa Thailand, USCIS | No Comments »

As regular readers will likely note, we try to provide relevant and useful information to those interested in obtaining a US family visa from abroad. Below are the processing times for the United States Citizenship and Immigration Service (USCIS) Centers which process Immigrant and non-immigrant family based petitions for visas such as the K1 visa, the K3 Visa, the CR1 Visa, and the IR-1 Visa. The following processing time estimates for the California Service Center were quoted directly from the USCIS website:

As USCIS has two service centers which handle Family based Immigration adjudications it is fitting to post both both sets of processing time estimates. The following processing time estimates for the California Service Center were quoted
directly from the USCIS website:

If a family based petition is adjudicated and approved by USCIS, then it will be forwarded to the National Visa Center in New Hampshire where it will be processed and sent to the the US Embassy or US Consulate with appropriate jurisdiction. For further information about US Family Immigration generally please see: US Marriage Visa.

Tags: advance parole, CR1 Visa, E2 Visa, Fiance Visa, I-131, IR1 Visa, K1 Visa, K3 Visa, L1 Visa, National Visa Center, Spouse Visa, US Marriage Visa
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

For those who bring a foreign fiance or fiancee to the United States of America, an often asked question is: “What if my fiancee wants to work in the USA prior to her adjustment of status?” The answer to this question is somewhat complicated. When a foreign fiancee or spouse enters the United States on a non-immigrant K1 visa or K3 Visa, the entrant is generally not authorized to take up employment in the USA until that alien either adjusts status to permanent residence (Green Card) or obtains employment authorization. Recently, the United States Citizenship and Immigration Service (USCIS) announced that, in an effort to decrease immigration fraud, new Employment Authorization Documents are to be issued. The following is a direct quote from USCIS’s official statement:

U.S. Citizenship and Immigration Services (USCIS) today announced that it has revised the Employment Authorization Document (EAD), or Form I-766, to incorporate the addition of a machine-readable zone on the back of the card.. This update to the EAD is part of USCIS’s ongoing efforts to deter immigration fraud. Starting May 11, USCIS began issuing the revised EAD cards. The machine-readable zone is compliant with International Civil Aviation Organization standards. USCIS also removed the two-dimensional bar code on the backside of the card and moved the informational box of text to just beneath the magnetic stripe on the card. The revised card retains all of its existing security features.

In most cases, foreign fiancees or spouses of US Citizens opt to wait for permanent residence before taking up employment. However, in some instances this is not the case as there are increasing numbers of foreign fiancees and spouses who work for multi-national companies. These international businesses sometimes wish to have their non-US Citizen employee start work in the USA as soon as they can. Therefore, there are situations in which speedy employment authorization is a necessity.

In the past, K3 Visa holders could seek employment authorization at the port of entry when they entered the USA. As the K-3 Visa is being increasingly phased out, this method of receiving employment authorization is being employed less frequently. Another issue that often arises in the context of Employment Authorization is that of advance parole. Holders of a US fiance visa cannot leave the United States prior to adjustment of status and simultaneously maintain their lawful K1 status unless they apply for, and receive, an advance parole travel document.  In some cases, couples making an application for advance parole will also make an application for an EAD in order to work in the USA.

Tags: advance parole, AP, EAD, Employment Authorization Document, Fiance Visa Thailand, I-766, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, United States Citizenship and Immigration Service, US Fiance Visa Thailand, USCIS
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | 3 Comments »

The issue of advance parole can be extremely important for those enter the United States on a K1 visa. A K1 visa is a US fiance visa that allows the fiance of a US Citizen to enter the United States for a period of 90 days in order to marry and apply for adjustment of status. Adjustment of Status is the process of acquiring Lawful Permanent Residence (Also Known as a “Green Card”). For those who are awaiting the approval of an adjustment application a sense of being in “limbo” can set in as the applicant does not yet have permanent residence and they cannot leave the United States without falling out of status and thereby, often inadvertently, causing the entire visa process to begin anew.

There is a way that a foreign national can keep from falling out of status and still leave the United States. If the foreign national petitions for, and obtains, advance parole, then they may leave the United States and preserve both their Fiance Visa and their adjustment application.

In the past, applications for advance parole were adjudicated by local USCIS offices. However, in a recent USCIS announcement distributed by AILA, this procedure is changing:

“WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced revised filing instructions and addresses for applicants filing an Application for Travel Document (Form I-131). The change of filing location is part of an overall effort to transition the intake of some USCIS forms from USCIS local offices and Service Centers to USCIS Lockbox facilities. By Centralizing form and fee intake to a Lockbox environment, the agency can provide customers with more efficient and effective initial processing of applications and fees.”

“Beginning March 19, 2010 applicants will file their applications at the USCIS Vermont Service Center or at one of the USCIS Lockbox facilities. Detailed guidance can be found in updated Form I-131 instructions page at www.uscis.gov.”

Many people may already be asking themselves: What if I inadvertently filed my advance parole application at the wrong location because I was unaware of the change? Luckily, USCIS is dealing with this internally, at least for now:

“The USCIS Service Centers will forward incorrectly filed Form I-131 applications to the USCIS Lockbox facilities for 30 days, until Monday, April 19, 2010. After April 19, 2010, incorrectly filed applications will be returned to the applicant, with a note to send the application to the correct location.”

Since USCIS will discontinue forwarding incorrectly filed applications, those seeking advance parole should carefully study this issue before submitting an application as failure to do so could cause delays in being granted permission to leave the USA and preserve one’s status.

For further information about American Immigration from Thailand please see: US Visa Thailand.

Tags: Adjustment of Status, advance parole, American Immigration Thailand, Fiance Visa, Fiance Visa Thailand, I-131, I131, K1 Visa, K1 Visa Thailand, US Fiance Visa, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | 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 K1 visa process is long and complicated. At the end of the process, the K1 visa holder is permitted to enter the United States one time for a duration of 90 days. Unlike a United States Tourist visa, the K1 fiance visa is a dual intent travel document. This means that the bearer is entitled to simultaneous immigrant and non-immigrant intent. Luckily, the K1 visa holder would likely not be placed in expedited removal proceedings based upon the notion that the alien is an undisclosed immigrant without proper documentation. That being said, there are still considerations which must be made before a Thai fiancee enters the United States of America.

The first major issue many American men ask about: Can My Thai fiancee leave the USA after she enters on her K1 visa? She can leave the United States, but doing so would cause her to fall out of K1 status and a new visa would need to be obtained. There is a document called an advance parole travel document which would allow the Thai fiancee to leave the USA and reenter in the same status. That being said, it is never wise to leave the USA after entering on a K1 until after the adjustment of status application is approved. It is wise to make certain the the Thai fiancee does not have any pressing concerns that must be dealt with abroad. Some circumstances cannot be foreseen, but it is not advisable to plan on turning around and leaving the USA shortly after entering on a K1.

Upon reaching a port of entry in the USA, the Thai fiancee will pass through Customs and Border Protection (CBP). This is the point at which she will need to present her visa. Most people do not realize that the visa is not merely the document in her passport, but also a large amount of documentation that the Embassy gives her after approving the application. This documentation is remitted in a sealed envelope which is not to be opened by anyone other than the CBP Officer. Generally, the CBP officer will ask some routine questions and usually admit the alien fiancee. In very extreme cases, it may be possible for a CBP officer to turn the entrant away. However, this author has yet to see a K1 visa holder turned away at the port of entry. With this in mind, couples should keep an eye upon the expiration date of the visa as this is critically important. If the visa expires before entry, then the entrant will need to reapply for a new visa at an Embassy or Consulate in Thailand.

Tags: advance parole, CBP, dual intent, Fiance Visa, Fiance Visa Thailand, K-1 Visa, K-1 Visa Thailand, K1 Visa, K1 Visa Thailand, my thai fiancee, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 1 Comment »

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 »

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 »