Integrity Legal

Although not boasting the same tourist numbers like countries such as Thailand and Indonesia, Myanmar (Burma) has a large number of nationals applying for United States visas, particularly when one takes into account the fact the Myanmar (Burma) is one of the most politically isolated countries in Southeast Asia. Although a member of the Association of Southeast Asian Nations (ASEAN), Myanmar has not signed the protocols allowing for visa free travel for citizens of ASEAN countries. Therefore, it can be extremely difficult for Burmese visa seekers to travel to another US Consular or Diplomatic post in the region in order to process a visa application.

The US Embassy in Myanmar (Burma) is located  in Yangon (Rangoon). This post does process visa applications for those of Burmese (Myanmar) nationality or those residing in the Consular District. That being said, obtaining a US visa for a Burmese national can be very complicated due to the fact that the government of the Union of Myanmar (Burma) is reluctant to issue passports to its citizenry. Further, the government in Myanmar (Burma) takes a dim view of Burmese nationals marrying foreigners. Government officials can often cause delays in obtaining necessary documentation. The implacable nature of some bureaucrats leads many to apply for a USA visa in a different jurisdiction.

Many Americans in Thailand meet Burmese nationals who are living and working in the Kingdom of Thailand. In most situations, Burmese-American couples opt to process their visa application at the US Embassy in Bangkok. Taking this course of action does not eliminate the need for a Myanmar passport, but in some cases, if the Burmese national can obtain a Thai visa, then they will be able to remain in Thailand until the visa interview at the US Embassy. Further, if the Burmese national obtains a Thai visa, then this will likely ensure that the US Embassy will take jurisdiction over the case, rather than forwarding the application to the Embassy in Yangon (Rangoon).

That being said, some opt to utilize the K-3 visa as it can be beneficial for those with a Burmese fiancee who wish to process their application in Thailand. Before getting married, the couple may need to decide where they wish to apply for a visa as this may have an effect upon where the marriage should be executed. Even still, a K1 visa will still be faster and if the Burmese national remains in lawful immigration status in Thailand, then it is likely that the American Embassy will take jurisdition over the case.

Tags: American Embassy Thailand, K1 Visa Burma, K1 Visa Myanmar, K1 Visa Thailand, K3 Visa Burma, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, us embassy thailand, US Embassy Yangon, US Visa Burma, US Visa Myanmar, US Visa Thailand, US Visa Yangon
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Miscellaneous, Thailand Visa, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Visa and Immigration | No Comments »

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.

Tags: ACS, American Citizen Services, American Embassy Bangkok, American Embassy Thailand, Lost Passport, Thai Visa, us embassy bangkok, us embassy thailand, us passport
Posted in General Legal Information, Miscellaneous, Thailand Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand | 3 Comments »

There are many misconceptions regarding the authority that officers at the United States Consulate in Thailand have. Many people mistakenly believe that legal concepts such as due process apply to matters going before US Consular officers. In reality, this is not the case. Consular officers have very broad powers when it comes to adjudicating applications for United States visas. There are laws on the books that Consular Officers must observe when determining whether or not a US visa should be issued, but when making factual determinations, the doctrine commonly referred to as Consular Absolutism applies to their decisions.

The Doctrine of Consular Absolutism basically states that the factual decisions of Consular Officers are not subject to appeal. This legal notion is also  called Consular Nonreviewability. In the case of Bustamante v. Mukasey the 9th Circuit Court of appeals concisely summed up the limited scope of judicial review that will be granted with regard to a Consular decisions in visa matters:

“[A] U.S citizen raising a constitutional challenge to the denial of a visa is entitled to a limited judicial inquiry regarding the reason for the decision. As long as the reason given is facially legitimate and bona fide the decision will not be disturbed…”

Showing that a Consular Officer’s reason for their decision is facially illegitimate or not bona fide is extremely difficult, if not, practically impossible. As a result, their decisions regarding visa issuance are essentially final.

Many wonder why Consuls are accorded such broad powers. The reason these officers are granted this ability to make unappealable decisions is based upon the policy argument that a Consular Officer is in the absolute best position to adjudicate the facts of a given visa application. In a way, Consular officers and the Doctrine of Consular Absolutism are the first lines of defense when it comes to preventing the entry of unqualified aliens into the United States of America.  They are also the first line of defense when it comes to determining fraud, misrepresentation, possible terrorist suspects, and facts which could result in a finding of legal inadmissibility. Therefore, Consular officers must be provided with the authority to deny visa applications that they find either suspicious or deficient.

This is why in visa cases involving family members it is very important to prove up the bona fides of the underlying relationship. A K1 visa application is based upon a relationship between a US Citizen and a foreign national. Proving the bona fides of this relationship can be crucial to a favorable decision. This is also true for marriage visas such as the K3 visa and the CR1 visa.

Although, some have questioned the wisdom of granting such broad powers the prerogatives exercised by Consular officers are not abused as those in the Consular Corps perform their duties efficiently, courteously, and thoughtfully. That being said, there are cases where the applicant must be denied for factual reasons. The only way to facilitate this necessity is to provide Consular Officers with a wide degree of discretion in adjudicating visa applications.

Another very valid policy argument for the retention of the Doctrine of Consular Absolutism (Consular Nonreviewability) is based upon the notion that allowing for an appeals process in US visa cases would create a tremendous administrative burden upon the Department of State specifically and the United States government generally. Therefore, it is unlikely that this situation will change in the near future.

Tags: American Embassy Thailand, Consul, Consular Absolutism, Consular Nonreviewability, Consular Officer, US Consulate, US Consulate Bangkok, US Consulate Chiang Mai, US Consulate Thailand, us embassy bangkok, us embassy thailand, 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 Tourist Visa, US Visa and Immigration, US Visa Thailand | No Comments »

US Immigration from Thailand can be a complex and multifaceted process. Compiling Immigration forms and  documentation can be an arduous task for an American Citizen who understands the English language fluently. This difficulty is compounded when one takes into account the fact that a language barrier and 12 hour time difference can slow the visa obtainment process immeasurably. In some cases, the Thai fiancee must deal with Thai government offices, which can be frustrating and confusing depending upon the office in question.

In a previous post we discussed how retaining a US Immigration Lawyer can be highly advantageous for those seeking to obtain a US visa from Thailand. An American attorney on the ground in Bangkok can expedite the visa process by assisting a Thai fiancee with the US Immigration forms and 221 g follow up documentation at the US Embassy Thailand. Many American Citizens enjoy the peace of mind that comes from knowing a US visa lawyer is assisting their Thai loved one in real time.

That being said, there are certain aspects of the US visa process where a Thai attorney can be a boon to both the American client and the Thai fiancee. The first instance in which a legally trained Thai who is fluent in English can be useful is document translation. Thai legal documents that are pertinent to Visa obtainment should be translated by one with both a fluency in English and a familiarity with Thai law.  Further, some documents that are quite common in Thailand, have no analogous counterpart in the American common law system. A lack of familiarity with Thai legal documentation can create confusion and delay for visa cases submitted and processed by American citizens who opt not to retain representation. Therefore, a Thai attorney’s expertise with Thai legal documents can be essential to an expeditious visa processing time frame. Requests for Evidence (RFE) from USCIS and 221 g denials are far less common where the petitioner and beneficiary have opted to retain a firm that employs Thai and American attorneys.

A Thai Attorney can be of real assistance when it comes to dealing with government offices because they are familiar with bureaucratic protocol and can speak to the Thai officers in their own language.

A Thai attorney can assist an American attorney with preparing the applicant for the visa interview in Bangkok.  This preparation helps the fiancee or spouse feel more comfortable about the impending interview and also will make the interview proceed more quickly because the Thai is given a “heads up.”

A Thai attorney can be of great assistance in US Immigration matters, but they will not be able to accompany a Thai fiancee to the Visa interview at the US Embassy in Bangkok. No one is allowed to accompany a Thai visa applicant to the visa interview (this includes the US Citizen spouse or fiancee). With the large caseload processing through the American Embassy in Bangkok, the waiting room cannot accommodate all of the relatives of those seeking US Visas.

(Please note: the content contained herein is intended for informational purposes only. No attorney/client relationship is created by reading this post.)

Tags: 221 (g), American Embassy Thailand, American Visa Thailand, K1 Visa Thailand, us embassy bangkok, us embassy thailand, US Immigration Thailand, US Visa, US Visa Thailand
Posted in K-3 Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

A question on the lips of any Thai-American couple when first making the decision to immigrate to the United States is: “how long is this process going to take?” This is a question that can have many different answers depending upon the couple’s situation, visa category, and the processing center that will adjudicate the petition.

Visa Processing Times By Visa Category

The category of visa can have a crucial bearing upon how long it will take to process the visa application. This would seem to be due to the fact that more people tend to apply for certain visa categories, while others are requested less often.

A case in point, far more Immigrant visa applications are submitted than K-3 visa applications. This may be due to the fact that the immigrant visas confer a Green Card or because a K-3 visa application  requires a second petition. Some visa categories may take longer to process because there is heightened scrutiny of the visa application during its adjudication.

This author believes that Immigrant visas, also known as CR-1 or IR-1 visas, which confer permanent residence are scrutinized more carefully because of the privileges attached to the visa. An IR-1 visa beneficiary enters the USA with unconditional lawful permanent residence, the IR-1 beneficiary may remain in the USA indefinitely, provided he or she does not commit some sort of act that results in deportation.  Compare this scenario with a K-1 visa application where the visa ultimately obtained will only entitle the beneficiary to 90 days in the USA and require a further adjustment of status application and one can begin to understand why the applications for the K-1 visa seem to process faster.

The following are processing times for US Family based visas (K-1, K-2, K-3, K-4, and Immigrant Visas) submitted to the Vermont Service Center :

For more processing times garnered from the source of these estimates please click here

The following are processing times for US Family based visas (K-1, K-2, K-3, K-4, and Immigrant Visas) being processed at the California  Service Center:

For more processing times garnered from the source of this information please click here

All of the above processing estimates are an accurate, but approximate, depiction of USCIS processing times at the time of this writing. As a practical matter, USCIS seems to take more time for adjudication of some of the categories mentioned above than for others. Further it should be noted that the US Embassy in Thailand and the National Visa Center can add time to these estimates if they are processing large caseloads. For more specific information regarding visa cases filed at a USCIS service center and being processed at the American Embassy in Thailand please contact [email protected].

Expatriates living in Thailand may be able to file a visa petition at the USCIS office in Bangkok. By doing so, the processing time estimates are different in comparison to filing in the USA. Generally, when one petitions for an immigrant visa locally, they can expect to obtain that visa in much less time than those compelled to file in the USA.

(Please be advised: Nothing in this post should be construed as mean for any other purpose than providing educational information. Therefore, this post is no substitute for one-on-one legal advice from a licensed attorney. No lawyer-client fiduciary relationship is created between the author and any reader of this post.)

Tags: American Embassy Thailand, American Visa Thailand, CR-1 Visa, Green Card, IR-1 Visa, K-1 Visa Processing Time, K-1 Visa Thailand, K-3 Visa Processing Time, USA Visa Thailand, USCIS, Visa Processing Time
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

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

Tags: American Embassy Bangkok, American Embassy Thailand, Inadmissibility, Packet 3, Packet 4, US Visa, Visa Interview, Waiver
Posted in US Embassy Thailand, US Visa and Immigration | 3 Comments »

Many people become concerned when it becomes time to prepare for the visa interview at the US Embassy in Thailand. Since the US Visa obtainment process can be a true, “hurry up and wait” game there are sudden flurries of activity followed by lulls of inaction. Packet 3 can be a stressful time for the Thai-American couple because it requires a great deal of document gathering and compilation. This is difficult for Americans gathering documentation, but for a Thai fiancee or spouse it can be nearly overwhelming. In some cases, people opt to hire a US visa lawyer in Thailand, but some opt to compile the necessary documentation on their own. Whichever path is taken, this post will shed some light upon what packet 3 is and what needs to be done to fulfill the packet 3 requirements before the Visa interview at American Embassy in Thailand.

What is Packet 3?

Packet 3 is the list of documentation and instructions for the visa interview at the US Embassy. Non-Immigrant Visa Applicants (K1 Visa and K3 Visa) will receive packet 3 from the Embassy in Thailand.  Immigrant Visa applicants (CR-1 and IR-1 Visas) will receive packet 3 from the National Visa Center rather than the US Embassy in Bangkok. The National Visa Center conducts a more extensive background check on immigrant visa applicants due to the fact that an immigrant visa confers permanent residence upon entry into the USA.

Some of the documentation can be difficult to obtain. This is especially the case in situations in which the applicant is registered on a Tabien Baan in a province far from Bangkok and must obtain documentation from the Amphur in his or her home amphur office. Name change certificates are one of the most sought after pieces of documentation that is difficult to obtain because they must be obtained from the Amphur and Thais tend to change their names far more often than Americans due to the fact that name change is a much less difficult endeavor for Thais.

Having an attorney with knowledge regarding the US Immigration process can be extremely helpful for getting a jump-start on the packet 3 process. Having foreknowledge of what documents are needed for packet 3 can greatly speed up the process because one can inform the Thai applicant as to what is needed beforehand and thus prepare accordingly.

For more in depth instructions regarding packet 3 click here

Please note:  nothing in this post should be taken in lieu of competent advice from an attorney and no decisions regarding any aspect of US Immigration should be made without extensive research and thoughtful calculation.

Tags: American Embassy Thailand, K1 Visa Thailand, K3 Visa Thailand, Packet 3, us embassy bangkok, us embassy thailand, US Immigration Thailand, US Marriage Visa, US Visa Thailand
Posted in us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »