Integrity Legal

While surfing the World Wide Web, this blogger came across an interesting piece on the Diplopundit blog pertaining to the United States Embassy in Bangkok, Thailand. The administration of this blog highly recommends that readers go to the Diplopundit blog to read the entry in its entirety. That said, the following was quoted directly from the aforementioned blog:

We understand that Bangkok’s FY 2009 NIV workload declined by over 20,000 cases from its FY 2008 high. The IV workload also declined from a FY 2006 high of approximately 8,500 to fewer than 3,000 cases in FY 2009. Still — we feel bad for the ELOs [English Language Officers] — no counseling, late performance reviews and a rotation program that spans 3-4 months — are not/not great introductions to a new career.

There is obviously a leadership disconnect here. The CG meets with the officers regularly but the Visa Chief reportedly does not, and neither were “regular participants in [visa] line work.” Ever wonder how this translates to — lead by example? Or building great teams?

The above quotation seems to drip with a certain level of sarcasm while maintaining a genuine concern for efficiency at American Missions abroad. That stated, this blogger cannot comment upon the caseload, processing policies, or personnel issues at the US Embassy in Bangkok due to a general lack of personal knowledge regarding the overall staffing situation at the Post. However, this blogger can state from personal experience that the officers at the US Embassy Thailand really did “go above and beyond” during the year 2010.

The Kingdom of Thailand saw a great deal of political, economic, and social turbulence in 2010. Most notable for those interested in matters pertaining to the US Embassy was the fact that the Post was closed for a number of days due to the riots in the late spring and early summer in Bangkok, Thailand. The so-called “Red Shirts” mounted a protest which eventually lead to a government crackdown, but not before causing major disruptions in the Bangkok Metropolitan area. The reason this riot is pertinent to this posting is the fact that this blogger personally saw, on more than one occasion, Consular Officers, of virtually every level, at the US Embassy in Bangkok going out of their way to assist and provide services to people leading right up to the actual crackdown (the same could also be said for the USCIS office in Bangkok, but that is a digression from the point of this posting).

In many ways, the situation in Bangkok could have been detrimental to the health and safety of the Consular Officers at the Post, but said employees continued to diligently perform their duties nonetheless. Although none of this goes precisely to the heart of the issues discussed in the Diplopundit blog posting this blogger felt that it should be noted in order to provide a human, if somewhat intangible, perspective on the situation in Bangkok over the past year. Perhaps this blogger is being “soft,” but it is simply the opinion of this blogger that credit ought to be given where it is due.

For related information please see: K-1 Visa Thailand.

Tags: American Embassy, American Embassy Bangkok, American Embassy Thailand, American Visa Thailand, Bangkok Riots, K-1 Visa Thailand, K1 Visa Thailand, Red Shirt Riots, Riots in Thailand, US Embassy, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in us embassy bangkok, US Embassy Thailand | No Comments »

Recently, this blogger was reading a report from the Department of State regarding the statistics pertaining to the United States Visa Process. To quote the report directly:

Immigrant visa issuances during fiscal year 2011 are limited by the terms of INA 201 to no more than 226,000 in the family-sponsored preferences and 140,000 in the employment-based preferences. (Visas for “Immediate Relatives” – i.e., spouses, unmarried children under the age of 21 years, and parents – of U.S. citizens are not subject to numerical limitation, however.) It should by no means be assumed that once an applicant is registered, the case is then continually included in the waiting list totals unless and until a visa is issued. The consular procedures mandate a regular culling of visa cases to remove from the count those unlikely to see further action, so that totals are not unreasonably inflated. If, for example, a consular post receives no response within one year from an applicant to whom the visa application instruction letter (i.e., the consular “Packet 3″ letter) is sent when the movement of the visa availability cutoff date indicates a visa may become available within a reasonable time frame, the case is considered “inactive” under the consular procedures and is no longer included in waiting list totals.

It has be routinely noted on this blog and elsewhere online that the American visa process is somewhat restrictive when it comes to non-immediate relative petitions as there are limited numbers of visas available to the immediate family of American lawful permanent residents and the non-immediate relatives of American Citizens. That said, this was not the portion of the above citation that this author felt was noteworthy. Instead, a central issue for this blogger is that of “culling visa cases”. For those who do not have a great deal of experience dealing with US Immigration matters it may seem rather heavy handed to simply cancel a visa file. However, it should be pointed out that a US Embassy or US Consulate abroad is responsible for reviewing, adjudicating, and processing a large number of visa applications each year. Therefore, in the name of organization and efficiency it is often necessary for cases to be removed from the processing queue lest the whole system become overloaded and inefficient.

Those wishing to obtain a visa to the USA should be cognizant of the fact that failure to follow up with the US Mission with Consular jurisdiction could result in the canceling of one’s visa application thereby resulting in an end to the entire proceeding. This is also true for those who receive a 221g denial as failure to respond within one year of the denial’s issuance could result in the culling of the case file.

Some find that the assistance of an American Immigration attorney can be highly beneficial as such an individual can provide insight into and assistance with the United States visa process. Furthermore, American attorneys working overseas can provide real time assistance with Consular processing at American Missions abroad.

For related information please see: Consular Processing.

Tags: Administrative Processing, American Consulate, American Embassy, American Institute, American Visa Process, Consular Processing, culling visa cases, US Consulate, US Embassy, US Immigration, US Mission, US Visa, US Visa Process, Visa Process
Posted in American Institute Taiwan, CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, National Visa Center, US Citizenship, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »

When Americans are arrested abroad it is a serious issue. Many nations do not have the same legal procedures as the United States. Therefore, the protocols under which an American is tried for a criminal offense abroad can be very different from the rules for charging and prosecuting an individual with a crime in the USA. Fortunately, the American State Department provides assistance to those US Citizens who have been arrested and/or incarcerated overseas. The following is quoted directly from the US State Department website:

DISCLAIMER: THE FOLLOWING IS A SUMMARY OF SERVICES PROVIDED TO U.S. CITIZENS ARRESTED ABROAD BY U.S. CONSULAR OFFICERS. SINCE CONDITIONS VARY FROM COUNTRY TO COUNTRY, THE PRECISE NATURE OF SERVICES MAY VARY LIKEWISE, DEPENDING ON INDIVIDUAL CIRCUMSTANCES IN A PARTICULAR CASE.

SUMMARY: One of the most essential tasks of the Department of State and of U.S. embassies and consulates abroad is to provide assistance to U.S. citizens incarcerated abroad. The State Department is committed to ensuring fair and humane treatment for American citizens imprisoned overseas. We stand ready to assist incarcerated citizens and their families within the limits of our authority, in accordance with international law. We can and do monitor conditions in foreign prisons and immediately protest allegations of abuse against American prisoners. We work with prison officials to ensure treatment consistent with internationally recognized standards of human rights and to ensure that Americans are afforded due process under local laws.

There is little doubt that American Consular Officers provide a tremendous amount of assistance to American Citizens imprisoned or arrested abroad. However, it should be reiterated that Americans traveling abroad may not be subject to familiar laws and regulations. Therefore, prior research of a given nation’s legal system may provide the intending traveler with some insight into the legal system of the country or countries where they may be staying while outside of the USA. To quote the aforementioned website further:

While in a foreign country, a U.S. citizen is subject to that country”s laws and regulations, which sometimes differ significantly from those in the United States and may not afford the protections available to the individual under U.S. law. As our Country Specific Information explain, penalties for breaking the law can be more severe than in the United States for similar offenses. Persons violating the law, even unknowingly, may be expelled, fined, arrested, or imprisoned. Penalties for possession, use, or trafficking in illegal drugs are strict, and convicted offenders can expect jail sentences and fines. If arrested abroad, a citizen must go through the foreign legal process for being charged or indicted, prosecuted, possibly convicted and sentenced, and for any appeals process. Within this framework, U.S. consular officers provide a wide variety of services to U.S. citizens arrested abroad and their families.

There are a number of services that US Consular Officers can provide, but there are a significant number of areas where US government personnel cannot provide assistance as it may be prohibited by law. To again quote the DOS website:

A consular officer cannot :

- demand the immediate release of a U.S. citizen arrested abroad or otherwise cause the citizen to be released.

- represent a U.S. citizen at trial, give legal advice or pay legal fees and/or fines with U.S. Government funds.

These disclaimers are important to note as many Americans are under the mistaken impression that American Consular Officers are meant to act in a representative capacity with respect to pending criminal charges overseas. This is simply not the case. Therefore, those arrested and/or incarcerated in a foreign country are well advised to contact either a foreign attorney or an American attorney abroad in an attempt to gain insight into one’s options with regard to pending foreign criminal charges. Furthermore, depending upon the country, it may be possible for an American Citizen to arrange for bail. This at least allows the American to be released while awaiting an adjudication on the merits of a pending case.

The issue of foreign criminal charges should not be confused with the issue of pending American criminal charges or a pending arrest warrant. If one has a pending warrant from the United States, then it may be necessary to contact an American attorney in order to ascertain one’s options with regard to both the warrant as well as the underlying case in order to make informed decisions about resolving the matter in a legally acceptable manner.

For related information please see: Warrant For My Arrest.

Tags: American Citizen Services, American Consulate, American Embassy, arrest warrant, Criminal Charges, Criminal Charges Overseas, Criminal Law, criminal warrant, US Consulate, US Embassy, warrant
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On this blog, we regularly discuss the US Embassy in Bangkok, Thailand. However, we relatively rarely discuss the US Embassies and Consulates located throughout Southeastern Asia. There are many other American Diplomatic and Consular facilities in Southern Asia and one of those Posts is the US Embassy Jakarta. This Embassy is located in the capital city of Indonesia and routinely processes US visas such as the K1 visa, the K3 Visa, as well as the CR1 and IR1 visa categories. Just like any other US Consulate, the Consulate at the US Embassy in Jakarta is also tasked with adjudicating non-immigrant visa applications for categories such as the B1 visa, the B2 visa, the F1 visa, and the J1 visa (to name just a few).

Recently, this author came across an interesting statement from the US Embassy in Indonesia’s website which is quoted here:

The decision whether or not to hire a lawyer is yours alone.  We cannot tell you whether or not to obtain representation, nor can we recommend any specific lawyers.  If you do hire an attorney or other representative, that person may accompany you to your visa interview but may not/not answer questions on your behalf.  You, the applicant, must answer the consular officer’s questions.  If your case is complicated, or if you cannot devote the necessary care to properly prepare, then we encourage you to find a lawyer qualified in immigration law by visiting www.aila.org.

Generally, each Consulate sets its own rules regarding participation by American attorneys in the Consular processing phase of the US Immigration process. Some posts refuse to allow anyone except the beneficiary into the Consulate on the date of interview (this policy is generally based upon space considerations) while others allow virtually unfettered participation by American attorneys. Many ask: which is the better approach? For the most part, there is no “best” approach to Consular processing as each country is unique and certain considerations in one country may lead to one type of policy while different circumstances in another country results in a different policy decision by the US Consulate in that country. Furthermore, circumstances are always fluid and policies can change. For this reason, it is always wise to frequently check the status of the regulations at any facility in which one’s visa petition or application is awaiting adjudication.

Recently discussed fee increases are likely to impact those processing through US Embassies and Consulates worldwide as the Department of State recently raised the fees associated with many visa categories most notably those visas categorized as K visas.

Tags: American Consulate, American Embassy, B1 visa, B2 Visa, CR1 Visa, F1 Visa, IR1 Visa, J1 visa, K1 Visa, K3 Visa, US Consulate, US Consulate Indonesia, US Consulate Jakarta, US Embassy, US Embassy Indonesia, US Embassy Jakarta, US Embassy Jakarta Indonesia
Posted in IR1 Visa, K1 Visa, K2 Visa, K3 Visa, US Embassy Indonesia, US Embassy Jakarta | No Comments »