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Posts Tagged ‘American Embassy Bangkok’
6th January 2010
The US B2 Tourist Visa from Thailand in 2010
Posted by : admin
For those who are interested in learning about the details of tourist visas from Thailand please see our main page at: US tourist visa Thailand. For those who would like to see information about all aspects of American Immigration from the Kingdom of Thailand please see: US Visa Thailand.
The United States B-2 Tourist Visa in 2010
In 2010, it is this author’s opinion that the B2 visa process will remain largely the same as it was in 2009. However, a brief comparison of the current B2 visa process with that of the year 2000 could be revealing. In 2000, it was still possible to obtain a United States tourist visa through the mail. At that time, interviews were not required in certain situations if the applicant met some pre-conditions. There is anecdotal evidence which suggests that the US tourist visa application approval rate was higher prior to the introduction of the rule that there must be visa interviews for all non-immigrant visa applicants.
At the present time, an American tourist visa applicant can apply for a US Visitor Visa at either the US Embassy in Bangkok or the US Consulate-General in Chiang Mai provided the applicant resides in the Consular District. Unfortunately, this category is often sought by those who probably should not be seeking a tourist visa. This is particularly the case when it comes to Thai fiancees or girlfriends. In many cases, American citizens encourage their Thai fiancees and/or girlfriends to apply for a US tourist visa because it is a less time consuming process when compared to the application process for a K1 fiance visa. That being said, it is not an appropriate visa for those who intend to apply for adjustment of status in the United States. This is due to the fact that the US tourist visa is not a dual intent travel document meaning that the applicant must have true non-immigrant intent when he or she submits a tourist visa application. Lying about one’s intentions on a Department of State application form could lead to serious civil and criminal penalties as such activity could be construed as visa fraud. Further, one who has been found to be presenting a fraudulent visa application could be found inadmissible to the United States and barred from entering for a statutorily prescribed period of time. For those who wish to bring their loved one to the US, it may be wise to look into a K1, K3, or CR1 visa.
Even those with bona fide non-immigrant intent must still overcome the presumption of immigrant intent under section 214b of the United States Immigration and Nationality Act. One must prove that they have strong ties to Thailand (or any other country besides the US) and weak ties to the USA before a Consular Officer will approve a B2 visa application.
20th December 2009
Proposed Consular Fee Increase For K1 & K3 Visa Applications
Posted by : admin
In a previous post on this blog this author brought up the fact that the Department of State is raising the fees for non-immigrant visas such as the US Tourist Visa, the Exchange Visitor Visa, and the US Student Visa. However, it was not clear just how this proposed fee increase would effect other types of US visas. The Department of State recently promulgated a press release discussing the impact of the proposed rule change. This author came by this press release thanks to AILA. To quote this press release:
“Under the proposed rule, applicants for all visas that are not petition-based, including B1/B2 tourist and business visitor visas and all student and exchange-visitor visas, would pay a fee of $140.
Applicants for petition-based visas would pay an application fee of $150. These categories include:
H visa for temporary workers and trainees
L visa for intracompany transferees
O visa for aliens with extraordinary ability
P visa for athletes, artists and entertainers
Q visa for international cultural exchange visitors
R visa for religious occupations
The application fee for K visas for fiancé(e)s of U.S. citizens would be $350. The fee for E visas for treaty-traders and treaty-investors would be $390. The Department will not begin collecting the new proposed fees until it considers
public comments and publishes a final rule.”
This author added the above italics for emphasis because this is a substantial fee increase compared to the current amount that must be paid in connection with K visas. At the time of this writing, the Consular processing fee paid at the US Embassy in Bangkok or the US Consulate in Chiang Mai is $131. The proposed rule would increase this fee to $350. The US State Department has noted that the increase in fees is necessary because the K1 visa and the K3 visa require more diligent adjudication on the part of Consular Officers. This author would generally agree with this statement as it has been his opinion that Consular Officers diligently investigate and judge these petitions in an effort to provide a fair, thorough, and efficient adjudication. That being said, this fee increase will probably have a major impact upon those who have already filed for K1 and K3 visa benefits. Hopefully, these fee increases will come into effect after a grace period whereby those who filed before the fee increase will be able to enjoy the previously lower fee while new applications will have the fee increase phased in. However, the logistics of this proposal may be cost prohibitive as keeping track of previously filed cases could be highly labor intensive.
For more information on this and other US Immigration matters please see: US Visa Thailand.
4th December 2009
Holiday Season and Delays at the US Embassy in Bangkok Thailand
Posted by : admin
Although the weather is still tropical, albeit cooler, it is the western holiday season in Bangkok, Thailand. This means that the United States Embassy, as well as other government agencies, sees many of their personnel taking leave in order to visit family and friends in the United States of America. This time of year can sometimes cause delays for visa applications, particularly those that are subject to a 221g refusal or have been placed in administrative processing for further review.
Around the American holiday season it is common for Embassy and Consulate staff to take leave in order to return to the United States of America to be with friends or loved ones. This can cause the usual tempo of the post to slow down. As with any organization be it private, non-profit, for-profit, or governmental the holidays can cause delays due to staff shortages. Those with pending visa applications should exercise patience regarding case adjudication during the holidays. That being said, Embassy and Consulate personnel are very diligent in processing cases and, from this author’s observation, really go above and beyond at holiday time to try to keep the process moving at the usual pace.
In order to forestall delays in the processing of US visas it is incumbent upon the applicant to provide all relevant documentation and provide completed visa application forms.
It is wise for applicants to also keep in mind that the United States Embassy is closed on Thai holidays as well as official United States holidays. Many forget this fact and arrive at the Embassy to find it closed. For those in this situation it is wise to note the US Embassy Holiday closing schedule. American Citizens seeking to obtain notarizations, Consular Reports of Birth Abroad, visa pages, or new passports should also note that the American Citizen Services section of the US Embassy is also closed on Thai holidays as well as American holidays. The US Consulate in Chiang Mai has the same holiday schedule as the US Embassy in Bangkok. One would be safe in assuming that the Bangkok office of the United States Citizenship and Immigration Service (USCIS) would be closed on the same days as the US Embassy regardless of the fact that they are two separate United States government agencies.
As with many issues arising in the field of United States Immigration: prior preparation through knowledge of the Embassy closure as well as presentation of a fully compiled visa application can save time for all concerned and go far toward ensuring efficient visa application processing.
29th November 2009
K1, K3, CR1, IR1 Visa: USCIS Processing Times (Updated)
Posted by : admin
The United States Citizenship and Immigration Service (USCIS) routinely issues updates regarding the processing time estimates for cases submitted at USCIS Service Centers in the United States of America. Since this website is dedicated to United States Family visas such as the CR1 visa, IR1 visa, K1 visa, and K3 visa; we have only displayed the processing times for the service centers which process these applications. For more information please see the new USCIS website.
The following are the processing times for the USCIS California Service Center as of September 30, 2009:
I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
---|---|---|---|
I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | October 16, 2004 |
I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | March 02, 2002 |
I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | June 16, 2000 |
I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | August 16, 2006 |
I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | October 02, 2002 |
I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
The following are the processing times for the USCIS Vermont Service Center as of September 30, 2009:
I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
---|---|---|---|
I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | July 03, 2006 |
I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | June 05, 2006 |
I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | June 19, 2007 |
I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | January 19, 2006 |
I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | June 05, 2006 |
I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
It should be noted that these processing times are only estimates and every Immigration petition is unique in that it processes at its own pace. Further, these processing times are only relevant with regard to USCIS. The US Embassy in Bangkok and the US Consulate in Chiang Mai process applications after they have received USCIS pre-approval.
28th November 2009
New Ombudsman Appointed for USCIS
Posted by : admin
The Department of Homeland Security is a vast bureaucracy with many different components. The Ombudsman’s office can be very helpful for those who have had a file go missing or otherwise need assistance in dealing with the United States Citizenship and Immigration Service (USCIS). Recently, Secretary Napolitano of Homeland Security appointed a new Ombudsman. The American Immigration Lawyers Association (AILA), noted the appointment in a recent press release:
“In a message to employees yesterday afternoon, Secretary Napolitano announced the appointment of January Contreras as Citizenship and Immigration Services (CIS) Ombudsman for the Department of Homeland Security.”
Secretary Napolitano was quoted as saying that the new Ombudsman has “valuable experience,” which will assist in her future endeavors. To further quote the above press release:
“Ms. Contreras previously served as a Senior Advisor to Secretary Napolitano, where she helped lead the Department’s response to the H1N1 flu and oversaw Department initiatives for the White House Council on Women and Girls. She formerly led the Arizona Department of Health Services, managing nearly 2,000 employees and overseeing the state’s public health and behavioral health systems. In addition, she has 10 years of experience in litigation and policy including health and its interaction with immigration policy and legislation.”
The aforementioned press release also noted the exact nature of the USCIS Ombudsman’s role:
“The CIS Ombudsman provides independent analysis of problems encountered by individuals and employers interacting with U.S. Citizenship and Immigration Services, and proposes changes to mitigate those problems.”
Contacting the USCIS Ombudsman’s office can be very beneficial for those with a pending K1 visa or K3 visa application. However, the office should not be contacted simply to request information regarding the status of a pending case as the USCIS website is probably the more appropriate place to seek this information.
This author hopes that the appointment of this new Ombudsman will further protect the interests of those processing their application with USCIS. With that in mind, in recent months the USCIS Service Centers seem to be processing applications with a great deal of efficiency and there does not appear to be any reason to believe that this will not continue in the future. It should be noted that the Ombdsman does not oversee the administration of the US Embassy Thailand. The Department of Homeland Security and the Department of State (the agency with jurisdiction over US Embassies and Consulates, like the US Consulate in Chiang Mai) are two separate agencies and their staff do not generally have overlapping jurisdiction. For issues concerning the Embassy it is usually best to contact the Embassy directly.
26th November 2009
Passports Aliases: Not Just An Issue For Deposed Prime Ministers
Posted by : admin
In recent months, the former Prime Minister of Thailand, Thaksin Shinawatra, has been in the news as he evades requests for extradition from the Kingdom of Thailand. The website Thaivisa.com is reporting the following:
“Thaksin’s name in passports issued by Nicaragua, Uganda and Montenegro has been changed to “Takki Shinegra,” he said. The Thai government has revoked Thaksin’s diplomatic passport issued during his premiership. He was believed to have an ordinary Thai passport. Some African countries have issued him a special passport to facilitate his travels and his visit to the countries. [Vice Foreign Minister] Panich said Thaksin’s new name may cause problem for Thailand’s attempt to bring him back to face two-year jail term on charge of corruption.” [sic]
The change of Mr. Thaksin’s name is a major obstacle for those who wish to make him return to Thailand. Thaivisa.com further quotes Mr. Panich:
“Problems can happen when we ask foreign countries to extradite him. We name him in our request as Thaksin Shinawatra but when those countries check his presence, they would not find him because he used different name.” [sic]
The issue of dual nationality and different names is not exclusively the problem of Thai authorities. Many people around the world have dual nationality and in many cases, they have different names depending upon their country of Citizenship. This can create a great deal of consternation for Immigration officials.
Dual nationality is not, in and of itself, a problem for those wishing to obtain US or Thai Immigration benefits. However, it can raise many issues with regard to the identity of the individual seeking the immigration benefit. For example, if an individual is born in Hong Kong under one name, but later takes Australian nationality under another name, then that individual’s birth certificate will not likely match his or her Australian passport. This can lead to problems with Immigration authorities as two names can cause confusion and lead to increased scrutiny.
When petitioning for Immigration benefits in any country, it is often required that the applicant divulge any aliases that they may have. For those applying for a Thailand visa or an American visa this is often required and failure to note an alias could result in relatively serious sanctions.
Many countries allow their citizens to have aliases noted in their passport. For United States Citizens, this is definitely a possibility, but requires approval of an application to have a different name noted in a US passport. For those resident in Thailand, it is possible to have an alias noted in a US passport, but one must submit an application to the Consular Officer at the American Citizen Services section of the US Embassy in Bangkok or the US Consulate in Chiang Mai. US Embassies and Consulates elsewhere can perform this service as well. Thai Consulates and Embassies could also note aliases in one’s Thai passport, but one must check with the Consulate beforehand as not all posts are able to complete this task.
16th November 2009
American Citizen Services at the US Embassy in Bangkok, Thailand
Posted by : admin
Each year, thousands of American Citizens travel to the Kingdom of Thailand as tourists, business travelers, investors, students, or to visit family in Thailand. In some situations an American Citizen needs something that must be officially issued by an organ of the government of the United States of America. In most cases, the US Citizen can get the official documentation from the American Citizen Services section of the United States Embassy in Bangkok, Thailand. There was a time when many complained about the service at American Citizen Services (also known as ACS), but today this section is very efficient and staffed by very polite service oriented officers.
Of the many things that American Citizen Services does, one of the most important functions is passport issuance. For those that are interested in obtaining a new American passport while in Thailand, it would be wise to contact ACS as they can facilitate passport issuance. For those who have lost a passport in Thailand or had their passport stolen, it is best to report the theft to the police and then proceed to the American Citizen Services section to obtain a new passport.
It should be noted that it may be possible in limited cases for American Citizens to receive a second passport from ACS. Second passports are rarely issued, but for certain travelers a second passport may be a necessity. Therefore, American Citizen Services and the Department of State may grant a second passport to worthy applicants.
Those that need an American notary can go to the American Citizen Services section because the Consular Officers can notarize documentation for official purposes. Please note that there is a charge for this service and one should check the US Embassy website for an updated fee quotation.
Those getting a Thai drivers license may need to go to American Citizen Services as it may be necessary to fill out an affidavit regarding one’s residence. The same can be said for one who wishes to register a marriage in Thailand as a trip to American Citizen Services may be required.
Some are under the mistaken impression that American Citizen Services has a hand in the Amity Treaty certification process for a Thai Company. This is not necessarily true as the American Citizen Services Section generally does not have any direct involvement in this process except for possible notarizations.
American Citizen Services does not generally deal with US visa matters. Although they do assist in producing a document called a Consular Report of Birth Abroad which can be used for obtaining a US passport on behalf of a child of an American Citizen. The US Consulate in Chiang Mai also has an American Citizen Services section. It fulfills functions similar to its counterpart in Bangkok.
For those interested in visiting ACS it may be advisable to schedule an appointment in advance via their online appointment scheduling service. To learn more visit the ACS webpage here.
13th October 2009
I have lost my United States Passport in Thailand, what do I do?
Posted by : admin
The authors have noticed an upsurge of those asking about how to go about replacing a lost passport while traveling in the Kingdom of Thailand. This post is a brief overview of what needs to be done when one loses their United States Passport in Thailand.
In order to receive a new passport one must go to the American Citizen Services (ACS) section of the United States Embassy in Bangkok, Thailand. This office is located near the Consular Section of the US Embassy, in fact the two rooms are adjoining once one is inside the compound. It is wise to first make an ACS appointment by going to the US Embassy website here
In many cases, people do not plan to lose their travel documents so making an appointment may not be feasible. The United States Embassy website provides the following suggestion:
“When traveling, please remember to carry a photocopy of your passport separately from your passport. In the event of loss or theft, the copy will help facilitate issuance of an emergency passport.”
For those thinking of traveling, keep the above quote in mind as it can save a great deal of time at the Embassy.
At one time, the American Citizen Services Section in Bangkok, Thailand was considered to be one of the worst for customer service when compared against its counterparts in the region. However, over the past 5 years, this office has done a great deal to improve customer service and efficiency. It is now a very customer-friendly office that provides fast effective service. If an online appointment is set in advance then one could expect to be in and out in relatively short order, depending upon the service sought.
For those who lose their passport, they have the option of either applying for a new passport or applying for an emergency passport. Under limited circumstances, the Embassy will expeditiously issue Emergency Passports that have a very short validity period.
In order to obtain a new passport one will need to provide proof of citizenship such as a Naturalization Certificate, Certificate of Citizenship, a Birth Certificate, a Consular Report of Birth Abroad, or a Drivers License. Again, due to the likely unavailability of these documents it is always wise to have a copy of the previous passport.
Once the new travel document is issued, one needs to have their Thai Immigration entry stamps replicated in the new passport. Therefore, a trip to Thai Immigration will be necessary. For those with a long term Thai visa, the visa will need to be duplicated in the new passport.
For those in Northern Thailand, the American Citizen Services Unit at the United States Consulate-General in Chiang Mai also could assist with passport issuance. See their website here.
5th June 2009
Visa Interview at the US Embassy in Thailand: Attorney’s Role
Posted by : admin
Consular Processing: Visa Interview Preparation for a Thai Fiancee or Wife
One unique aspect of practicing United States Immigration law abroad is the ability to assist a foreign loved one with the US Embassy in Bangkok. Currently, the US Embassy’s policy states that no one other than the Thai applicant may be present for the visa interview at the Embassy on the day of the interview (this included the US Citizen spouse or Fiancee). Due to the fact that the foreign loved one will go through the interview process alone, the services of an immigration attorney can be very beneficial in preparing the foreign fiancee or spouse for the interview and giving the fiancee or spouse prior notification of Embassy procedure and what to expect. Depending on the category of US visa (K-1, K-3, or CR-1) different thresholds of proof will be required with regard to the bona fides of the relationship.
Interview preparation can be vital in facilitating a successful outcome at the United States Embassy, particularly in situations where the Thai fiancee or spouse has difficulty communicating in the English language or becomes easily nervous when dealing with government officials. That being said, many of a Thai fiancee’s fears regarding the Embassy can be laid to rest by a competent lawyer who can explain the situation and dispel any rumors or myths that a fiancee or wife has heard.
Assistance with 221 g Responses
Embassy officials are hard working individuals and at the Consular Service Section they process a large number of cases each year. Therefore, in the interests of speed and efficiency where there is a deficiency of documentation the consular officer will likely issue a 221 g denial. In many cases, fiancees or wives believe this to be a denial of the visa application and that the denial is final. In point of fact: 221g’s are denials, but they are denials pending further documentation. Therefore, if an applicant can cure the deficiency, then the visa will likely be issued. This is where retaining an attorney can be of great use. Currently, the US Embassy in Bangkok gives licensed American attorneys the privilege of presenting 221 (g) documentation on behalf of a visa applicant (the Embassy will not deal with visa agents or unlicensed so-called “lawyers”). This can be of great advantage particularly to the fiancee or spouse who does not live in Bangkok. By using an immigration attorney, it is generally unnecessary for the fiancee or spouse to return to Bangkok after the initial interview (this is not always the case, because consular officers can request that applicants return for a follow-up interview, as a practical matter, this rarely, if ever, happens).
Inadmissibility and Waiver
In cases where there exists a legal ground of inadmissibility, retaining an attorney is highly advisable particularly at the pre-interview phase. The reason for this is the fact that an attorney can prepare the waiver application in anticipation of the denial on a ground of inadmissibility. An I-601 application could be filed at virtually the same moment of denial. This would save time because the attorney is on the ground in real time and could interact with both the Embassy and the USCIS district office.
For more information, please see: US visa Thailand
(Nothing contained herein is an adequate substitute for a personal legal consultation. No Attorney-Client Relationship should be deemed to exist between author and reader.)
6th April 2009
Packet 4 and Interview at the American Embassy: Bangkok Thailand
Posted by : admin
In an earlier post Packet 3 was briefly discussed and explained. This, to a certain degree, begged the question: what is packet 4? Packet 4 is the packet that includes the: pertinent medical exam requirements, interview appointment and information regarding the visa interview at the US Embassy in Bangkok, Thailand. It should be noted that this phase of the US visa process occurs after the petition has been approved by USCIS and the National Visa Center and is pending final approval from the consular officer at the Embassy.
Packet 4 is probably the most important, albeit least discussed, piece of correspondence from the US Embassy because it contains the visa appointment information.
The Visa interview is one of the most daunting aspects of the American Immigration process. One of the reasons for this is the fact that Thai prospective immigrant are sometimes nervous because they lack fluency in English. There is some consolation in knowing that the staff at the American Embassy Bangkok does employ native Thai speakers and the Embassy officials do try to assist non-native speakers of English. That being said, they still are required to perform their job which is, in a way, that of performing due diligence and making certain that the applicant should be granted a visa.
In the case of US Family Visas (the K1 Fiance Visa and/or the US Marriage Visa), the “due diligence,” consists of ascertaining that the underlying relationship is in fact bona fide and making certain that the applicant is not inadmissible for any reason. Preparation for the visa interview often consists of going over possible questions with the applicant so that the best presentation of the underlying bona fide relationship is put forward.
There are certain Grounds of Inadmissibility and if the Thai applicant is inadmissible then the applicant will be denied a visa one must file a waiver application at Bangkok USCIS. The I-601 Waiver of Inadmissibility is discussed elsewhere, but it is mentioned here to explain the possible outcomes of the visa interview. A finding of inadmissibility is not a common thing in the context of US family Immigration, but it should be noted that it does come up. If worried that one’s record may be grounds for a finding of inadmissibility, one should seek legal counsel. However, one should never lie to the Consular Officers at the US Embassy. The problem with lying about a ground of inadmissibility is the fact that if one is caught lying (which is highly likely) then they will probably be found inadmissible for both the issue they were trying to cover up as well as lying to the consular officer and if a waiver is sought, then the lie has placed their credibility at issue which could diminish the chance of waiver application approval.
Note: Nothing contained in this post should be used in lieu of legal advice from a competent licensed attorney
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