Integrity Legal

As the year 2019 opens, it appears as though the process of obtaining and maintaining a Thai or American visa will be more difficult compared to years past. Although certain aspects of each process may involve increased laxity, flexibility, or efficiency the overall theme from immigration authorities in the United States and Thailand would seem to be one of heightened scrutiny and increasingly stringent enforcement measures.

American Immigration Issues

Some facets of the US visa process look to be improving. For example, the Department of State through the National Visa Center and various Embassies and Consulates abroad are becoming more efficient by shifting away from paper documentation over to a new digitized interface allowing faster processing of supporting documentation for immigrant and non-immigrant visa applications. This blogger can say from personal experience that the new system still has some issues to be worked out, but the overall system would suggest that faster processing times at NVC are likely to be a mainstay in the future.

That stated, the overall process of obtaining a US visa would appear to be getting more difficult especially in light of the current administration’s addition of a National Vetting Center tasked with adding scrutiny to the overall adjudication of visa petitions. Meanwhile, policy changes regarding adjudication of visa applications are likely to have substantial impact upon the amount of denials which are issued by USCIS in coming years. A memorandum which came into effect in September of 2018 allows officers of the United States Citizenship and Immigration Service to deny visa petitions much more easily compared to times past when a Request For Evidence generally had to be issued before a denial. These developments coupled with creation of bodies such as the DeNaturalization task force and the prospect of a prolonged government shutdown would suggest that matters pertaining to American immigration are likely to prove more difficult moving forward.

Thai Immigration Issues

Meanwhile, as the United States’ Immigration apparatus becomes more cumbersome, Immigration authorities in Thailand do not seem to be backing down from their position regarding immigration and immigration enforcement in the Kingdom. In the lead up to 2019, the overarching policy of “Good Guys in Bad Guys Out” (a policy of encouraging lawful visitors and immigrants to the Kingdom while attempting to discourage travelers with more nefarious motives) manifested itself in terms of enforcement with “Operation X-Ray Outlaw Foreigner“. By the end of 2018 Surachate “Big Joke” Hakparn had announced that tens of thousand of illegal aliens had been arrested, deported, and blacklisted from returning to Thailand. In December of 2018 further statements would suggest that although a great number of visa violators have been precluded from remaining in Thailand, the Immigration office’s vigilance will not decrease. Concurrently, the process of obtaining extensions of Thai retirement visas and Thai marriage visas are likely to become more difficult for some people as it will no longer be possible to obtain an income affidavit for such extensions. This comes at the same time as immigration authorities make comments that would indicate prospective increased scrutiny on those using visa services to obtain retirement and marriage visa extensions by dint of funds on account in a Thai bank.

All of the above developments would indicate that immigration matters in both countries will continue to be complex if not downright difficult in the coming year and beyond.

Tags: American Immigration, American Visa, Arrest, big joke, blacklist, denaturalization task force, deportation, Good Guys in Bad Guys out, Income Affidavit, National Vetting Center, National Visa Center, Operation X-Ray Outlaw Foreigner, surachate hakpal, surachate hakparn, Thai Immigration, Thai Marriage Visa, Thai Retirement Visa, Thai Visa, Thailand Immigration, Thailand Marriage Visa, Thailand o visa, Thailand Retirement Visa, Thailand Visa, US Immigration, US Visa, visa service thailand
Posted in Thailand Visa, US Visa and Immigration | No Comments »

Although probably coincidental it appears that Immigration officials in both the United States as well as Thailand are taking a firmer stance regarding immigration violations compared to times past. In a recent article from USA Today it was noted:

U.S. Immigration and Customs Enforcement was ordered to quadruple worksite enforcement this year, and it did just that. In fiscal year 2018, which ended Sept. 30, ICE set 10-year highs for the number of worksite audits conducted (5,981) and criminal charges filed (779). ICE leadership claimed its crackdown is focused on employers and employees equally as part of a balanced approach to worksite enforcement, but the data show that the majority of arrests in 2018 were of workers. The 113 members of management charged with criminal violations in 2018 increased 82 percent from the previous year, but the 666 workers charged with criminal violations increased by 812 percent. The number of “administrative arrests” – those for basic immigration violations that are predominantly used against workers – spiked from 172 in 2017 to 1,525 in 2018. The 121 federal indictments and convictions of managers in 2018 represented a 10-year low for the agency.

It appears officials in the United States are predominantly concerned with immigration violations in an employment context, but there have also been developments which show the administration’s determination to more zealously scrutinize proposed beneficiary’s of immigration benefits as evidenced by the creation of the National Vetting Center as well as the formation of a task force designed to de-naturalize those suspected of immigration fraud. All of these developments in the aggregate provide substantial evidence that American officials are keen to suppress illegality in the Immigration apparatus.

Meanwhile, in Thailand officials continue to conduct raids on locations where “outlaw foreigners” are suspected of congregating or residing. However, it appears as though sham marriages have been an issue of more pressing concern as The Nation recently reported that Immigration authorities have had to deal with a number of individuals who have arranged marriages of convenience solely for the purpose of obtaining Thai Immigration benefits:

Police, in the ongoing crackdown on foreigners living unlawfully in the Kingdom, have arrested 10 Indian men and 24 Thai women os suspicion of involvement in a scam whereby fake marriages and false documents were used to extend the men’s stay in Thailand…Immigration Police Bureau 1 in Bangkok had detected the fake marriages between the 30 men and 30 women, which were falsely documented in order to extend spousal visas for the men, most of whom made a living in Thailand as illegal moneylenders or salesmen for pay-by-installment goods such as clothing and electrical appliances, police explained.

These recent developments evidence both an increased interest on the part of immigration officials to ascertain whether marriages are being entered into for legitimate purposes as well as an increasing level of sophistication utilized by Thai law enforcement officials in targeting suspected visa violators.

As of the time of this writing, it does not appear as though the pressure on illegal immigration operators in Thailand and the USA will let up.

Tags: American Immigration News, American Visa, Immigration Crackdown, Operation Outlaw Foreigner, Operation XRay Outlaw Foreigner, Thai Visa, Thai Visa News, Thailand Immigration News, Thailand Visa, Thailand Visa News, US Immigration News
Posted in Thailand Visa, US Visa and Immigration | No Comments »

It recently came to this blogger’s attention that President Trump recently promulgated an executive order which amends a prior Obama administration order which dealt directly with processing procedures for non-immigrant visas to the United States of America. This Presidential executive order was enacted on June 21, 2017. The most pertinent section of the order, in this blogger’s opinion, reads as follows:

Section 1.  Amendment to Executive Order 13597.  Executive Order 13597 of January 19, 2012 (Establishing Visa and Foreign Visitor Processing Goals and the Task Force on Travel and Competitiveness), is amended by deleting subsection (b)(ii) of section 2 of that order.

In order to better understand the importance of this amendment, it is important to quote directly from the aforementioned order, specifically the section being deleted:

(b) The Secretaries of State and Homeland Security, in consultation with the Assistant to the President for Homeland Security and Counterterrorism, the Director of the Office of Management and Budget, and the heads of such agencies as appropriate, shall develop an implementation plan, within 60 days of the date of this order, describing actions to be undertaken, including those that build upon efforts underway, to achieve the following…

(ii) ensure that 80 percent of nonimmigrant visa applicants are interviewed within 3 weeks of receipt of application, recognizing that resource and security considerations and the need to ensure provision of consular services to U.S. citizens may dictate specific exceptions;

As the underlined portion noted above points out the specific section which has been deleted seems imply that fast non-immigrant visa processing is no longer a significant priority of the administration. Moreover, the President has specifically ordered Department of State personnel to disregard the previous administration’s clear policy of using best efforts to quickly process visa applications of those seeking non-immigrant visa benefits for the USA.

What type of visa applicants will most likely be affected by this policy change? Applicants for visas such as the B-1 visa (business visa), the B-2 visa (tourist visa), F-1 visa (student visa), J-1 visa (exchange visitor visa), as well as any other visa which is considered a non-immigrant visa (with the probable exception of so-called “dual intent visas“) will be directly impacted by this recent order. Concurrently, what will this mean in practical terms for processing of future visa applications? On the bright side, it takes time for policies to be enacted and thus result in a substantial impact on applicants. Furthermore, as the previous administration enacted policies to speed up non-immigrant visa processing and made practical provisions associated therewith it seems logical to infer that such measures are unlikely to be reversed quickly. Therefore, those seeking non-immigrant visa benefits in the near future are unlikely to be overwhelmingly adversely affected. That stated, those seeking similar benefits in a longer term context could see application processing times lagging compared to present time frames.

Tags: American Visa, B1 visa, B1/B2 Visa, B2 Visa, Consular Processing, Department of Homeland Security, Department of State, Trump, Trump EO, Trump Executive Order, us embassy bangkok, us embassy thailand, US Immigration, US Tourist Visa, US Visa, US Visa Application, US Visa Thailand
Posted in US Visa Thailand | No Comments »

The administration of this blog routinely posts the holiday closing schedules of the various US Embassies and US Consulates in the Southeast Asia region to provide a single source for such information to Americans who frequently travel in the region as well as foreign nationals who may be seeking services at such posts. 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.

Each year, a significant number of Americans travel to a US Embassy or US Consulate abroad in order to request services such as Passport renewal, additional visa pages, notarization, Consular Reports of Birth Abroad (CRBA), and much more. Those wishing to avail themselves of these services are encouraged to contact American Citizen Services at the US Embassy or US Consulate concerned. In most cases, Americans are well-advised to make an appointment prior to traveling to the post as some Embassies and Consulates require a prior appointment while others can process a request much more quickly if an appointment has been made before arrival at the post.

Foreign nationals, especially those wishing to apply for a US visa, are also occasionally in need of access to a US Embassy or US Consulate abroad. In circumstances where a US visa is being sought it is generally a requirement that the foreign national schedule an appointment for visa interview prior to traveling to the post. Applicants for a US Tourist Visa (B-2 visa), US Business Visa (B-1 visa), US Student Visa (F-1 visa), or an Exchange Worker Visa (J-1 visa) are usually interviewed by a Consular Officer with a Non-immigrant visa unit. Meanwhile, those seeking an IR-1 visa (immigrant relative visa), CR-1 visa (conditional immigrant visa for an immigrant relative), K-3 visa (non-immigrant spouse visa), or a K-1 visa (US fiance visa for the fiance or fiancee of an American Citizen) are usually required to undergo an interview before a Consular Officer under the Immigrant Visa Section of the Consular Post.

Tags: additional visa pages, American Citizen Services, American Visa, B-1 Visa, B-2 Visa, Consular Reports of Birth Abroad, CR-1 Visa, CR1 Visa, CRBA, Exchange worker visa, F-1 Visa, Holidays US Embassy Laos, IR-1 Visa, IR1 Visa, J-1 visa, K-1 Visa, K-3 Visa, K1 Visa, K3 Visa, Laos Holidays, notarization, Passport renewal, U.S. visa, U.S.A. Visa, United States Embassy in Laos, United States Embassy in Vientiane, United States Embassy in Vientiane Laos, US Business Visa, US Consulate, US Consulates, US Embassies, US Embassy, US Embassy Laos, US Embassy Vientiane, US Fiance Visa, US Fiancee Visa, US Student Visa, US Tourist Visa, US Visa, USA Visa
Posted in US Embassy Laos | No Comments »

Periodically, the administration of this web log post the estimated processing times from the United States Citizenship and Immigration Service (USCIS). It should be noted that the following processing time estimates are exxactly that: estimates. Some petitions may process more quickly while other petitions may proccess more slowly. To quote directly from the USCIS official website:

It should be also noted that although these USCIS estimated processing times can provide a general framework for understanding the time frames for petition adjudication by USCIS, these estimates do not necessarily reflect the estimated time frame for the entire US visa process especially if the unique circumstances of a given case requires Consular Processing of a US visa application at a US Embassy or US Consulate abroad.

For a married couple seeking an IR1 visa or a CR1 Visa for a foreign spouse of US Citizen the process begins at the USCIS where the initial petition will be adjudicated. Assuming USCIS approves the initial petition, then the petition will be forwarded to the National Visa Center (NVC). NVC will require certain documents before forwarding the application to a US Embassy or Consulate abroad where a foreign spouse must undergo an interview prior to the Consular Officer making a decision regarding visa issuance. In some cases, the Consular Officer may approve the visa application at the interview. Meanwhile, in some circumstances, the officer may deny the application (especially where a ground of inadmissibility is found to exist in the case and under such circumstances the applicant must be granted an I-601 waiver, or something similar, prior to the application receiving further favorable treatment). In some cases, the officer may simply find that some further evidence of the relationship or documentation pertaining to the foreign national is lacking and will thereby deny the application pursuant to section 221(g) of the Immigration and Nationality Act. Under these circumstances, the 221(G) denial may be overcome by presenting further evidence to the Consular Officer and upon their finding that the relevant requirements have been met the application may be approved.

As one can infer from the above example, the USCIS estimateed  processing times may not accurately reflect the total time it may take to obtain a US visa since the process is sometimes more complex than simple USCIS petition approval.

Tags: 221g, American Consulate, American Embassy, American Fiance Visa, American Fiancee Visa, American Marriage Visa, American Visa, American Visa Process, Consular Processing, CR-1 Visa, CR1 Visa, EB-1 visa, EB-2 Visa, EB-3 Visa, EB-5 Visa, EB1 visa, EB2 Visa, EB3 Visa, EB5 Visa, Immigration and Nationality Act, IR-1 Visa, IR1 Visa, K-1 Visa, K-2 Visa, K-3 Visa, K1 Visa, K2 Visa, K3 Visa, L-1 visa, L1 Visa, National Visa Center, NVC, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Fiance Visa, US Fiancee Visa, US Marriage Visa, US Visa, US Visa Process, USA Consulate, USA Embassy, USA Fiance Visa, usa fiancee visa, USA Marriage Visa, USA Visa, USA visa process, USCIS, USCIS Processing, USCIS Processing Time, USCIS Processing Times
Posted in CR1 Visa, EB-1 Visa, EB-2 Visa, EB-3 Visa, EB-4 Visa, EB5 Visa, F1 Visa Thailand, Fiance Visa Thailand, I-601 Waiver, IR1 Visa, J1 visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, same sex visa, US Visa, US Visa and Immigration, US Visa Thailand, USCIS, Visa Waiver | No Comments »

In order to provide relevant information to the public-at-large regarding immigration issues in Southeast Asia, the administration of this blog often posts the holiday closing schedules of various American posts in Asia in an attempt to assist those seeking such information. The following is quoted directly from the official website of the US Embassy in Bangkok, Thailand:

For further information please click HERE.

It has been this blogger’s experience that the personnel at the American post in Bangkok can provide a great deal of assistance with services such as notarization, Consular Reports of Birth Abroad, passport renewal, and documentation pertaining to the registration of a marriage in Thailand. It is generally advisable that those seeking such services make an appointment with the Consular Services section prior to arrival at the post. In many cases, this can be accomplished online.

Those wishing to obtain an American visa for a loved one in Thailand are generally required to petition the United States Citizenship and Immigration Service (USCIS) and gain approval of said petition before the case file will be reviewed by a visa section at a US Embassy or US Consulate abroad. Concurrently, the visa applicant is generally required to undergo an interview at the Post with appropriate Consular jurisdiction prior to possible approval of a visa application.

Those seeking a K-1 visa for a Thai fiancee will generally see the visa application processed through the non-immigrant visa unit while those seeking an immigrant visa for a Thai spouse (such as the CR-1 visa or the IR-1 visa) will generally see their visa application consular processed through the immigrant visa unit. In many cases, an approved USCIS petition will be processed through the National Visa Center prior to processing at the appropriate post overseas.

For information regarding legal services in Southeast Asia please see: Legal.

Tags: American Visa, American Visa Thailand, consular report of birth abroad, CR-1 Visa, CR-1 Visa Thailand, K-1 Visa, K-1 Visa Thailand, Notary, us embassy thailand, US Visa, US Visa Thailand
Posted in 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, Thailand Notary, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

It recently came to this blogger’s attention that the Prime Minister of the Kingdom of Thailand made no comment regarding the possibility of a Cabinet reshuffle although she did note that attendance at upcoming children’s day festivities is apparently encouraged by the Thai government. To quote directly from the official website of the Thai-ASEAN (Association of Southeast Asian Nations) News Network at Tannetwork.tv:

“Prime Minister Yingluck Shinawatra avoided answering questions about a possible Cabinet reshuffle today and only smiled at reporters...The PM added that she would like to invite children to attend the Children’s Day celebration on Saturday at Government House as she has prepared some surprises for the kids…”

Concurrently it also came to this blogger’s attention that the government of Canada seems to have made some comments regarding same sex marriages performed in that nation. To quote directly from the website Advocate.com:

“Thousands of non-resident same-sex couples married in Canada may not be legally wed if the marriage is not recognized in their home country or state, according to the Canadian government…”

The issues surrounding the status of same sex couples has been an issue of debate in the United States of America especially as the Presidential elections continue to draw closer. However, politics does not appear to be the core concern of those who are the most effected by these issues. For example, those families wishing to maintain a same sex bi-national relationship with a non-American in the United States could be deeply impacted by both American and Canadian policy regarding same sex marriage. This issue could further be hypothetically defined where the same sex marriage (or civil union depending upon the jurisdiction) takes place outside of the United States as such a fact pattern could place the merits of the marriage under the purview of the United States Citizenship and Immigration Service (USCIS). How this issue will ultimately be resolved in North America remains to be seen, there is one thing that seems to be a certainty: this issue is not one that will simply disappear since there are many in the LGBT (Lesbian, Gay, Bisexual, and Transgender) Community who wish to see full equality in matters reflecting their marital status. American Courts have dealt with this issue in recent months although a definitive decision does not seem to have been reached hopefully this issue will be resolved in short order.

For related information please see: Full Faith and Credit Clause.

For general legal information pertaining to South East Asia please: Legal.

Tags: American Visa, American Visa Thailand, Children's Day, CR-1 Visa, Full Faith and Credit, Horizontal Full Faith and Credit, IR-1 Visa, K-1 Visa, Legal, Thai Visa, Thailand Visa, United States Citizenship and Immigration Service, us embassy bangkok, us embassy thailand, US Visa, US Visa Thailand, USCIS, Vertical Full Faith and Credit
Posted in Comprehensive Immigration Reform, CR1 Visa, Department of Homeland Security, Fiance Visa Thailand, General Legal Information, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, Legal Opinion, lgbt immigration, Miscellaneous, News, same sex visa, States' Rights, US Consulate Chiang Mai, us embassy bangkok, US Embassy Cambodia, US Embassy Hanoi, US Embassy Phnom Phen, US Embassy Thailand, US Embassy Vietnam, US Mission ASEAN, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

It recently came to this blogger’s attention that the United States judicial system recently played host to a proceeding in which the issue of judicial recusal was discussed in the context of a recent case upholding the Constitutionality of same sex marriage in the sovereign State of California. To provide further insight into these developments it may be best to quote directly from the official website of the Associated Press, AP.org:

SAN FRANCISCO (AP) — A federal judge has a message for those trying to salvage California’s gay marriage ban: Sure, the judge who threw out the measure last year is in a long-term relationship with a man, but he could still be fair to them. Chief U.S. District Court Judge James Ware’s ruling Tuesday rejected arguments that former Chief Judge Vaughn Walker would potentially benefit from declaring the ban unconstitutional…

The administration of this web log encourages readers to click upon the relevant hyperlinks noted above to read this story in detail.

For those unfamiliar with the current plight of the LGBT community in the United States it should be noted that the currently enforced provisions of the so-called “Defense of Marriage Act” (DOMA) preclude same sex couples, including same sex bi-national couples, from acquiring the same legal and/or equitable benefits as their different sex counterparts. This issue arises in the context of American immigration in that same sex married couples, even those married in one of the sovereign American States which allow such unions, cannot obtain American visa benefits. Recently, legislators such as Representative Jerrold Nadler and Representative Mike Honda have introduced legislation such as the Respect for Marriage Act, the Uniting American Families Act, and the Reuniting Families Act which are intended to rectify this discrimination to one degree or another. That stated, it is this blogger’s opinion that this issue may ultimately be resolved by the US Courts. With that in mind, the following was quoted directly from the aforementioned article:

In his 19-page decision – a response to the first attempt in the nation to disqualify a judge based on sexual orientation – Ware had a bigger message. Gay judges, he said, are just like minority and female jurists: They can be impartial, too, even in cases that might affect them. “We all have an equal stake in a case that challenges the constitutionality of a restriction on a fundamental right,” he wrote. “The single characteristic that Judge Walker shares with the plaintiffs, albeit one that might not have been shared with the majority of Californians, gave him no greater interest in a proper decision on the merits than would exist for any other judge or citizen…

This decision is significant for the LGBT community as it elucidates the notion that one’ sexual orientation is not necessarily a bar to impartial decision making. Although the decision in this case does not go to the heart of the struggle for LGBT equality, it does provide a glimmer of hope for LGBT couples that further positive developments may lie ahead.

For related information please see: Proposition 8 or Full Faith and Credit Clause.

Tags: American Visa, Chief Judge Vaughn Walker, Chief U.S. District Court Judge James Ware, Defense of Marriage Act, DOMA, Full Faith and Credit, Full Faith and Credit Clause, fundamental right, Gay judges, LGBT, lgbt immigration, lgbt visa, Proposition 8, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Reuniting Families Act, Same Sex Bi-National Couple, Same Sex Bi-National Couples, Same Sex Civil Partnership, same sex civil union, Same Sex Marriage, State of California, Uniting American Families Act, US Courts
Posted in same sex visa | No Comments »

It recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) has issued memorandum regarding the process of expediting the adjudication of I-601 waivers. To provide further insight it may be best to quote directly from the official website of USCIS, USCIS.gov:

Purpose
This Policy Memorandum (PM) provides guidelines on how U.S. Citizenship and Immigration Services (USCIS) processes requests to expedite the adjudication of Forms I-601 filed by individuals outside the United States. These guidelines will be included in the AFM Chapter 41.7 and in the revised version of International Operations Division Field Guidance for Form I-601 adjudications.
Scope
Unless specifically exempted herein, this memorandum applies to and is binding on all USCIS employees adjudicating Forms I-601 filed by individuals outside the United States.
Authority
8 CFR 212.7 governs USCIS adjudication of Form I-601.
Background
It has been USCIS’s longstanding policy to accept requests to expedite processing of petitions or applications where the applicant or the petitioner demonstrates reasons that merit expedited processing of a petition or application. Consistent with this policy, an applicant may request that the adjudication of a Form I-601 be expedited. Requests to expedite in the Form I-601 adjudication context present unique challenges. Almost all Form I-601 applicants outside the United States have an interest in expeditious processing given that most are required to establish extreme hardship to a qualifying family member in order for USCIS to consider whether to exercise its discretion to waive the bar to an applicant’s entry into the United States. However, some applicants may be experiencing extraordinary circumstances that present the kind of compelling and urgent, time-sensitive reasons that merit expedited processing of a Form I-601. This memorandum provides guidelines on responding to requests to expedite Forms I-601 filed by applicants overseas. Policy Subject to case management requirements and resource constraints, USCIS managers overseas may, in extraordinary circumstances, exercise discretion on a case-by-case basis to approve a request to expedite adjudication of a Form I-601.1 The strong desire to immigrate to the United States as soon as possible is not by itself “extraordinary.” The types of extraordinary circumstances that may, generally, merit expedited processing are those in which there are time-sensitive and compelling situations that necessitate the applicant’s presence in the United States sooner than would be possible if the application were processed under normal processing times…

For those who are unfamiliar with matters pertaining to United States Immigration it should be noted that the I-601 waiver is often utilized as a remedy for those who have been found inadmissible to the United States or ineligible to receive a US visa (such as a K-1 visa [fiance visa], CR-1 visa, or IR-1 visa) during Consular Processing at a US Embassy or US Consulate abroad.

The I-601 waiver is sometimes confused with the I-212 waiver (also referred to as an application for advance permission to reenter the United States). However, the I-601 waiver and the I-212 waiver are two different application categories which are somewhat similar, but not exactly alike.

For related information please see: Legal.

Tags: American Consulate, American Embassy, American Visa, compelling situations, Consular Processing, CR-1 Visa, expedited processing, extraordinary circumstances, extreme hardship, Fiance Visa, I-212 waiver, I-601, I-601 Waiver, I-601 Waiver Burma, I-601 Waiver Cambodia, I-601 Waiver China, I-601 Waiver Hong Kong, I-601 Waiver India, I-601 Waiver Indonesia, I-601 Waiver Japan, I-601 Waiver Laos, I-601 Waiver Malaysia, I-601 Waiver Myanmar, I-601 Waiver Singapore, I-601 Waiver Sri Lanka, I-601 Waiver Thailand, I-601 Waiver Vietnam, I601, I601 Waiver, International Operations Division Field Guidance, IR-1 Visa, K-1 Visa, Legal, Policy Memorandum, time-sensitive, U.S. Citizenship and Immigration Services, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Visa, USCIS
Posted in I-601 Waiver | No Comments »

It recently came to this blogger’s attention that the United States Embassy in Kabul is taking measures to re-institute a policy which would allow for visa interviews to take place on the premises of the Post in Afghanistan. Readers are reminded that such interviews have not been conducted at that location in approximately 20 years. To quote directly from a Department of State announcement as posted upon the official website of the American Immigration Lawyers Association (AILA):

As of June 1, for the first time in 20 years, immigrant visa applicants will again have scheduled As of June 1, for the first time in 20 years, immigrant visa applicants will again have scheduled interviews in Kabul. U.S. Embassy Islamabad was previously the closest U.S. Embassy or Consulate where immigrant visa applicants could be interviewed.

Applicants for petition-based visas, which are mostly temporary work visas, can also now interview in Kabul. For the last two years, applicants for visitor, student and most other temporary visas could apply in Kabul, but not applicants for visas that if approved allow someone to move to the U.S. or to work there. Applicants for non-immigrant petition-based visas like temporary workers (H) can schedule their own appointments using the existing online system on the Embassy’s web site. All of these categories of visas involve a multi-step process that usually starts with a petition that a U.S. relative or employer files with immigration authorities. It is important to note that prior to the interview, the National Visa Center conducts almost all pre-interview processing of petitions that the immigration service approves in the United States. The National Visa Center will also schedule appointments when approved immigrant visa petitions become current.

All of these categories of visas involve a multi-step process that usually starts with a petition that a U.S. relative or employer files with immigration authorities. It is important to note that prior to the interview, the National Visa Center conducts almost all pre-interview processing of petitions that the immigration service approves in the United States. The National Visa Center will also schedule appointments when approved immigrant visa petitions become current…

It should be noted that those seeking immigrant visas to the United States of America must generally first receive an approved immigration petition from the United States Citizenship and Immigration Service (USCIS). Upon receiving such approval a case file will usually be sent to the National Visa Center which acts as a sort of clearinghouse for visa application files so as to insure that the case file arrives at the US Mission with appropriate jurisdiction. Prospective visa seekers should note that estimated processing times for USCIS adjudication do not take into account Consular Processing at an appropriate US Embassy or US Consulate abroad.

For related information please see: American visa.

Tags: AILA, American Consulate, American Embassy, American Immigration Lawyers Association, American Visa, Consular Processing, Department of State, National Visa Center, student visa, temporary workers, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Embassy Afghanistan, US Embassy Islamabad, US Embassy Kabul, US Visa, USCIS, visitor visa
Posted in US Embassy Kabul | No Comments »