Integrity Legal

Those who read this blog with any frequency may have noticed that the administration routinely posts the estimated processing times from the United States Citizenship and Immigration Service (USCIS) as a courtesy to the public-at-large. To quote directly from the official website of the USCIS, USCIS.gov:

Readers may recall that the processing times noted above only pertain to the USCIS processing portion of the overall US visa process. Therefore, readers should not mistake the processing times noted above for the time it takes to actually acquire a visa. After a visa petition has been adjudicated by the officers at the USCIS, if approved, the case file is forwarded to the National Visa Center where it is then sent on to the US Embassy, American Institute, or US Consulate with appropriate Consular jurisdiction. This phase of the process is referred to as Consular Processing. Consular Processing can sometimes be quite quick while, in some cases, the process can be rather cumbersome if the facts of the case are extremely complex.

For related information please see: K1 Visa Thailand.

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Posted in USCIS | No Comments »

Those who read this web log with any degree of frequency may have noticed that the administration routinely posts the closing schedules of the various US Missions in Asia in an effort to provide wide access to such information for Americans traveling abroad seeking Consular services. Hopefully, postings such as these will help to forestall fruitless trips to US Posts abroad made by Americans unaware of local holiday observance. The following is quoted directly from the official website of the United States Embassy in Vientiane, Laos:

Substitution days. Please note: According to the prevailing practice in Laos, official holidays which fall on Saturday will be observed on the preceding Friday and Sunday on the following Monday.

Note: Administrative Days: In addition to the dates above, the Consular Section will be closed on the following Fridays for administrative days – February 18, April 8, June 3, September 2, November 25, and December 9.

Those seeking the official homepage of the United States Embassy in Vientiane, Laos please click HERE.

Those seeking services such as issuance of a Consular Report of Birth Abroad, US Passport, or additional visa pages for a previously issued US Passport are well advised to contact an American Citizen Services Section of the nearest US Embassy or US Consulate with appropriate jurisdiction.

Those seeking temporary US visas such as the B-2 visa (US Tourist Visa), B-1 visa (US Business Visa), F-1 visa (US Student Visa), or J-1 visa (US Exchange Visitor Visa) are likely to have their visa applications processed through a Non-Immigrant Visa (NIV) Unit abroad. It should be noted that those applying for most non-immigrant visa categories are scrutinized pursuant to section 214(b) of the United States Immigration and Nationality Act.

Those who are seeking US family visa benefits in the form of travel documents such as the CR-1 visa or the IR-1 visa are generally required to process an immigration petition through the United States Citizenship and Immigration Service (USCIS) prior to applying for a US visa abroad. The K-1 visa, although technically a non-immigrant US fiance visa, is generally treated much the same way as an immigrant visa for application processing purposes. L-1 visa seekers and EB-5 visa seekers should take notice of the fact that applying for such a travel document may entail the processing of an immigration petition prior to visa application at a US Post abroad.

For related information please see: US Visa Laos or K1 Visa Laos.

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Posted in US Embassy Laos | No Comments »

Those interested in conducting business in the region of Southeast Asia may be interested to note that the country of Laos (officially referred to as the Lao Peoples’ Democratic Republic) has recently announced the opening of a stock exchange. To quote directly from a recent article on the website of the BBC:

The Lao Securities Exchange opened for business on Tuesday with trading in just two companies.

The country, sandwiched between Vietnam and Thailand, is one of the world’s poorest nations.

It is hoped that the stock exchange will help raise $8bn (£5.1bn) in equity and bond sales to fund investment in the country.

The Laos exchange is initially offering shares in two state-owned companies, Electricite du Laos Generation company and Banque Pour Le Commerce Exterieur Lao.

The volume of the first day’s trading was thin, about 2.14bn kip ($265,000; £170,000).

Although the exchange itself is small in comparison to that of the United States, the United Kingdom, or even the Kingdom of Thailand it is likely that this move will lead to further business opportunities for foreign investors looking to conduct business in Laos. Hopefully, this announcement will also usher in an era in which Laos plays a more dynamic role in the region. As a landlocked country with a relatively small population and few capital resources it can be inferred that Laos’ best hope for creating jobs and improving the overall economic situation in the country will come through the accrual of foreign capital in the form investment and subsequent usage of that capital in ways that will be both constructive and profitable.

Laos is a member of the Association of Southeast Asian Nations (ASEAN). In recent months members states of ASEAN have seen a great deal of change in the economic realm as the United States dollar has weakened due, at least in part, to “quantitative easing” measures promulgated by the Federal Reserve. Meanwhile, the Chinese Yuan has been getting stronger as the Chinese economy continues to show strong growth. These factors, along with others, have resulted a great deal of uncertainty about the future complexion of business in Southeast Asia.

It should also be noted that Chinese News Services have recently reported that Bangkok will be home to a new $1.5 billion Chinese trade complex. This news comes on the heels of the announcement that China, Laos, and Thailand will eventually be connected via high-speed rail link. Hopefully, all of these factors, in conjunction with the additional capital generated by the Lao exchange, will coalesce into a highly favorable business climate for China, Thailand, Laos, and all of the other member nations of the ASEAN community.

For related information please see: US Visa Laos.

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Posted in Laos Business | 1 Comment »

Southeast Asia is a beautiful and  often visited part of the world. One of the lesser known, but highly enjoyable, destinations in Southeast Asia is the country of Laos. This small landlocked country north of the Kingdom of Thailand, the Kingdom of Cambodia, and South of the Peoples’ Republic of China has been a destination of choice for those seeking the adventure and natural beauty of tropical Asia. Some Americans who travel to Laos meet a special someone whom they wish to bring back to America. For these people, the first thing that comes to mind is: “Will my girlfriend (or boyfriend) need a US Visa?” In most cases, a visa will be necessary as the United states does not allow Laotians to come to America on the US Visa Waiver Program. Therefore, the next question for many is: “Can I get my Lao girlfriend (or boyfriend) a US Tourist Visa?” In most cases, the answer to this question is: no, but a deeper understanding of relevant immigration law may provide insight into the reason for possible denial.

Relatively few Americans are aware of a provision in the United States Immigration and Nationality Act called section 214(b). Under this section of the INA a Consular Officer adjudicating a non-immigrant visa application (like a B2 visa application, B2 is the official category for tourist visas) must presume that the applicant is an intending immigrant unless the applicant can provide strong evidence to the contrary. This creates a sort of “strong ties” vs. “weak ties” analysis whereby the Consular Officer will balance the applicant’s ties to the USA and Laos (or another country abroad). If the applicant can show strong ties to Laos and weak ties to the USA, then that applicant may be granted the tourist visa. However, in cases where a US Citizen is a significant other of the applicant such a relationship may have a negative impact upon the visa application as the relationship itself could be viewed as a “strong tie” to the USA. This should NOT be read as to imply that a relationship should not be disclosed as it is this author’s opinion that failure to disclose the existence of an American significant other could be construed as misrepresentation. That said, such a relationship could still have an adverse impact upon an applicant’s tourist visa application.

Those who wish to bring a Lao loved one back to the United states for the purposes of marriage and subsequent residence are well advised to seek either a US fiance visa (K1 visa) or a US Marriage Visa (CR1 Visa, IR1 Visa, or a K3 Visa although the K3 visa category has been effectively phased out by the National Visa Center in recent months).  That said, no one should ever enter into any type of relationship strictly as a pretext for obtaining a US Immigration benefit. Therefore, the relationship that acts as a basis for any visa application or petition ought to be bona fide and genuine.

For related information please see: US Visa Vietnamese Girlfriend or K1 Visa Laos.

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Posted in CR1 Visa, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, US Embassy Laos, US State Department, US Tourist Visa, US Visa, US Visa and Immigration | 1 Comment »