Integrity Legal

Laypeople sometimes confuse the process of adjustment of status with the change of status process. This confusion is directly related to the subject of this post: change of status from US Tourist Visa status to US Student Visa status. Many are under the mistaken impression that it is legal to attend school in the USA on a tourist visa. This is not the case. In a recent announcement promulgated by the US Department of Homeland Security and distributed by the American Immigration Lawyers Association (AILA), the question was posed: “Is it permissible to enroll in school while in B-1/B-2 status?” The answer is quoted directly from the aforementioned announcement:

No, it is not. The regulations, at 8 CFR 214.2(b)(7), specifically prohibit study in the United States while in B-1 or B-2 status.

Before enrolling in classes, individuals who are in B-1 or B-2 status must first acquire F-1 (academic student) or M-1 (vocational student) status. Enrolling in classes while in B-1/B-2 status will result in a status violation. Individuals in B-1 or B-2 status, who have violated their nonimmigrant status by enrolling in classes, are not eligible to extend their B status or change to F-1 or M-1 status. Theseregulations provide no exceptions.

If you currently hold B-1 or B-2 nonimmigrant status and would like to enroll in classes, you may apply for a change of status to F-1 or M-1, as appropriate, if:

You have not yet enrolled in classes
Your current status has not expired
You have not engaged in unauthorized employment

To change your nonimmigrant status from B-1/B-2 to F-1 or M-1, you must file an Application to Extend/Change Nonimmigrant Status (Form I-539), and include the required fee and documents listed in the filing instructions.

Please Note:

If you enroll in classes before USCIS approves your Form I-539, you will be ineligible to change your nonimmigrant status from B to F or M. If you are applying to extend your B-1/B-2 stay and you have already enrolled in classes, USCIS cannot approve your B-1/B-2 extension because of the status violation.

For some, the change of status process can be confusing and difficult as few are familiar with DHS forms and protocols, but for those who obtain an F1 visa, the educational rewards can offset the time and resources expended obtaining the visa. Those who are not eligible to receive a change of status may find the following excerpt from the previously mentioned announcement helpful:

If you are not eligible to change your nonimmigrant status to F-1 or M-1, you may apply for an F-1 or M-1 visa at a consular post abroad…We encourage all students and prospective students to work closely with their designated school official (DSO) to coordinate the timing of applying for change of status and enrolling in classes.

Those staying in the United States on any type of visa are required by law to fully comply with the terms of their visa. Failure to do so could lead to severe civil and criminal penalties. Those wishing to travel to the United States of America are well advised to seek the type of visa that truly comports with proposed activity in the USA. As extraneous circumstances can cause unforeseen problems it may be necessary to apply for a change of status if one’s current visa does not provide proper benefits.

Adjustment of status, which can be confused with changing status, is the process of switching a foreign national from a non-immigrant visa to Lawful Permanent Residence (Green Card). Those traveling to the United States of America on a K1 visa must adjust their status within 90 days of their arrival after their marriage to the US Citizen petitioner.

For more about adjusting status please see: adjustment of status.

Tags: Adjustment of Status, American Visa, B-1 Visa, B-2 Visa, B1 visa, B2 Visa, change of status, F-1 Visa, F1 Visa, I-485, K-1 Visa, K1 Visa, Parachute Students, US Student Visa, US Tourist Visa, US Visa, USA Visa
Posted in Adjustment of Status, American Institute Taiwan, Department of Homeland Security, F1 Visa Thailand, K1 Visa, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, 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 Thailand, US Embassy Tokyo, US Embassy Vietnam, US Embassy Yangon, US Tourist Visa, US Visa, US Visa and Immigration | No Comments »

It is common knowledge that many people seek United States travel documents from the US Embassy Thailand. However, are those who have complex questions regarding United States Tourist visas and in many cases, these questions can only be answered by either an attorney or a Foreign Service Officer. Thanks to the internet, there are more and more opportunities for those with sought out knowledge to communicate with those who need specific questions answered. The website Thaivisa.com is reporting that the US Embassy in Bangkok has initiated a live chat program to allow the public to interact directly with Embassy personnel online:

“U.S. Embassy Bangkok Non-Immigrant Visa Webchat

Interested in visiting the U.S. as a tourist? Looking to study in the U.S.? If you have questions about non-immigrant visas to the U.S. here is your chance to ask! The U.S. Embassy Bangkok Consular Section will be online to answer questions about non-immigrant visa services for Thai citizens and residents of Thailand. Join us for this special webchat!

Date: Tuesday, March 30, 2010
Time: 6:00-7:00pm (Bangkok time)

To participate:

1. Go to https://statedept.connectsolutions.com/bangkok
2. Enter as a Guest (Type your name)
3. Submit your questions (We accept questions and comments in advance of, and at any time during the program)

We look forward to chatting with you then!

Please Note: At this time questions can be submitted in English only.”

Although this chat session has already occurred one should note that this is a terrific resource for those interested in a tourist visa as it allows for an applicant to have their inquiries answered in real time by one who is knowledgeable about US visa matters. It is interesting to note that the Thaivisa.com posting only makes reference to the the US Tourist Visa and not other visa categories. This is probably due to the fact that employment based visas such as the E2 visa or the L1 visa are granted after an assessment of the unique set of facts and issues in a given case so it would be difficult to discuss such visas through the internet. That being said, tourist visa adjudications are based upon the facts in the case, but judging an applicant’s likelihood of obtaining a US visa is often easier, compared to employment based cases, due to section 214(b) of the US Immigration and Nationality Act. Family based visa applications for visas such as the K1 visa, the K3 Visa, the IR1 visa and the CR1 Visa are also adjudicated based upon the facts of the case and in many cases the likelihood of ultimate approval is not easy to determine unless one delves deeply into the details of the case. This could explain why these types of applications do not appear to be the intended topic of discussion in the aforementioned live chat session.

Hopefully, this will become a regular addition to the already quality service provided by the US Embassy in Bangkok.

Tags: B-2 Visa, B2 Visa, B2 Visa Thailand, E 2 Visa, E-2 Visa Thailand, E2 Visa, E2 Visa Thailand, K1 Visa, L-1 visa, L-1 Visa Thailand, L1 Visa, L1 Visa Thailand, US Embassy, us embassy bangkok, us embassy thailand, US Tourist Visa, US Tourist 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, US Consulate Chiang Mai, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand | No Comments »

There are many people of all nationalities who submit applications for a US Tourist Visa at the US Embassy Thailand. Although these applications are quite common, they are becoming increasingly subject to denial pursuant to section 214(b) of the United States Citizenship and Nationality Act. This provision basically requires that the Consular Officer make a presumption that the tourist visa applicant is an undisclosed immigrant unless the applicant can provide strong evidence to the contrary. This creates the “strong ties” vs. “weak ties” analysis which requires that the applicant show “strong ties” to a country outside of the United States and “weak ties” to the USA. This can be a very problematic provision especially for those Americans who wish to bring a Thai significant other back to the US.

The existence of an American Citizen boyfriend can be very detrimental for a Thai’s B2 visa application (or any non-immigrant visa application for that matter ex: F-1 visa, J-1 visa, B-1 visa, etc). The detriment arises from the fact that the applicant has a primary relationship with an American and therefore could be construed to have a “strong tie” to the USA. Some couples try to get around this problem by “not mentioning” the existence of a relationship with an American. This is not a good idea, in this author’s opinion, because any dishonesty, even dishonesty by omission, is unethical and could be viewed by the Embassy and/or Consulate as an attempt to defraud the US government. For an American Citizen, a finding of fraud and misrepresentation could lead to penalties, but such a finding could have a highly negative impact upon the applicant’s chances of ever obtaining a US visa in the future as fraud and misrepresentation is considered a legal grounds of inadmissibility to the USA that would likely only be remedied upon the approval of an I601 waiver.

However, the DS-156 form that is used to apply for a US tourist visa does not ask “do you have an American boyfriend/girlfriend?” Instead the forms asks:

“Are Any of The Following Persons in The U.S., or Do They Have U.S. Legal Permanent Residence or U.S. Citizenship? Mark YES or NO and indicate that person’s status in the U.S. (i.e., U.S. legal permanent resident, U.S. citizen, visiting, studying, working, etc.)”

The form then allows the applicant to note family relationships, including “fiance/fiancee.” The reason this is being discussed is due to the fact that the rest of the form’s questions can be relatively easily answered. For example,  one can say with near certainty if they have a US Citizen husband, but “fiance” is another, more opaque, concept. Defining “fiance” is difficult as relationships, prior to marriage, are fairly fluid from a legal standpoint. In this author’s opinion, if the applicant has a romantic relationship with an American Citizen, then this fact should be disclosed to the Consular Officers either in writing or at the visa interview, but if there is any inkling that marriage and adjustment of status may be a possibility, then it may be better to forgo an attempt at a tourist visa, as this is not really the proper travel document, and submit a petition for a K1 visa.

For further information, please see: US Visa Thailand.

Tags: B-2 Visa, B-2 Visa Thailand, B2 Visa, B2 Visa Thailand, Fiance Visa Thailand, Fraud and Misrepresentation, K-1 Visa, K-1 Visa Thailand, K1 Visa, K1 Visa Thailand, US Tourist Visa, US Tourist Visa Thailand, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand | No Comments »

For those interested in finding out detailed information regarding United States business visas from Thailand please see our main page at: B1 visa Thailand. For further general information about American Immigration from the Kingdom of Thailand please see: US Visa Thailand.

The B-1 Visa in 2010

In this writer’s opinion, the US Business Visa Process will probably remain relatively unchanged in 2010. That being said, it does provide an opportunity to re-explore this American travel document.

The B-1 Business visa is a non-immigrant visa intended for those who wish to travel to the United States for short term business purposes. It is not a dual intent visa meaning that one who applies for a B-1 visa must have bona fide non-immigrant intent. Those who have an undisclosed intention to immigrate to the United States of America at the time of application should disclose this fact in the application form and/or the visa interview. Failure to disclose immigrant intent could be construed as fraud and/or misrepresentation of a material fact. A finding of fraud and misrepresentation of material fact could lead to the applicant being found inadmissible to enter the United States. This inadmissibility would likely then only be remedied by an approved I-601 waiver application. Due to the drastic consequences that can befall a non-immigrant visa applicant, it is always wise to be completely candid on a visa application and explain all of one’s reasons for traveling to the United States of America.

The B1 visa is often issued in tandem with a US tourist visa, also known as a B2 visa. This visa category is utilized by those traveling to the United States for recreational purposes. Consular Officers will often issue combined B1/B2 visas because the applicant is planning a trip which combines elements of both business and pleasure. For example, a Thai doctor may travel to the United States to attend a medical seminar and visit family and friends after the seminar ends. In this case, a B1/B2 visa would be optimal because it encompasses all of the activities that the applicant will be undertaking in the United States.

As with many types of non-immigrant single intent visas, the applicant must overcome the statutory presumption of immigrant intent under section 214b of the United States Immigration and Nationality Act. The applicant must essentially show that they have such strong ties to Thailand (or any other country outside of the USA) that they will not remain in America past the expiration of their visa.

Tags: B-1 Visa, B-1 Visa Thailand, B-2 Visa, B-2 Visa Thailand, B1 visa, B1 Visa Thailand, B1/B2 Visa, B2 Visa, B2 Visa Thailand, US Business Visa Thailand, US Tourist Visa, US Tourist Visa Thailand
Posted in Thailand Business, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

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.

Tags: American Embassy Bangkok, American Embassy Thailand, B-2 Visa, B-2 Visa Thailand, B2 Visa, B2 Visa Thailand, us embassy bangkok, us embassy thailand, US Tourist Visa, US Tourist Visa Thailand
Posted in CR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 3 Comments »

For many Americans the Tourist visa is the travel document that comes to mind when discussing US Immigration. For Immigration based upon a family relationship the Tourist Visa is the worst option when an American Citizen spouse or Fiance is seeking to bring the foreign fiancee or spouse to the USA in order to remain.

One of the main reasons why the tourist visa is not an option that should be contemplated when making family immigration decisions stems from the fact that the purpose of the US tourist visa is misunderstood and the visa itself has been greatly misused in the past. A US Visitor Visa is intended for short term recreational purposes only. Similarly the US business visa is meant for short term business endeavors in the USA (conferences, trade shows, etc.) Neither are designed for use by those who seek to have their loved one remain in the USA permanently.

Consular officers making a judgment call on a US visitor visa must be convinced that the applicant has overcome the statutory presumption of immigrant intent. This doctrine stipulates that the applicant for a tourist visa is a presumed immigrant until they can demonstrate that they are strongly connected to a place outside of the USA. So connected, in fact, that they are more likely to leave the United States in order to return to that location than they would be to remain in the United States past their visa expiration.

A major misconception regarding practically any visa is the idea that it confers a “right” to enter the United States of America. In reality, the visa confers a right to present themselves at the border and upon inspection and approval from the Immigration officer, be admitted to the United States. Even at a United States port of entry, it is possible for the traveler to be turned away if the Immigration officer feels it is necessary. As a practical matter, this rarely occurs due to the fact that most entrants to the USA have a legitimate reason for entry.

Since September 11, 2001 US Immigration officials have been more zealous in their enforcement of US Immigration rules and regulations and as a result the scrutiny placed upon entrants to the US, whether they intend to immigrate or not, has increased.

Due to the fact that the US tourist visa is intended for non-immigrant purposes and the fact that scrutiny of non-immigrants to the US has increased. It is now highly advisable that those wishing to bring a loved one to the USA use the proper travel document. For those seeking to bring a loved one that they are not married to, a K-1 visa may be an appropriate option. While those with an overseas wife might opt for the K-3 visa, CR-1 Visa, or IR-1 Visa depending upon the couple’s circumstances and immigration goals.

Be advised that entering the USA on a visitor visa with anything other than NON-immigrant intent, could be viewed as an attempt to defraud immigration officials and lead to criminal or civil penalties as well as a possible later finding of inadmissibility. If deemed inadmissible, one can only be admitted to the USA after application for a waiver.

(Please note: this post is not a substitute for legal advice. For proper legal advice seek the counsel of a licensed attorney. No part of this piece should be construed as forming an Attorney-client relationship between author and reader.)

Tags: 214 b, American Visa Thailand, B-2 Visa, B2 Visa Thailand, Inadmissibility, K-1 Visa, K1 Visa Thailand, US Tourist Visa Thailand, US Visa Thailand, US Visitor Visa Thailand, Waiver
Posted in K-3 Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | No Comments »