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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 »

The administration of this blog periodically posts the holiday closing schedules of the various US Embassies and US Consulates in the Southeast Asia region in order to provide a level of convenience to Americans traveling in the area. The following holiday closing schedule was quoted directly from the official website of the US Embassy in Rangoon, Burma (Yangon, Myanmar):

Many Americans traveling abroad find that it is necessary to travel to an American Embassy or Consulate in order to request services such as Passport renewal, adding of visa pages, notarial services, or Consular Reports of Birth Abroad (CRBA). Many of these requests can be made at an American Citizen Services Section of the US Embassy or US Consulate-General.

Meanwhile, every year many foreign nationals from around the globe travel to American posts abroad to apply for visas and other travel documents granting permission to travel to the United States. Some visa seekers only wish to remain temporarily in the US on non-immigrant visas such as the B-1 visa (Business Visa), the B-2 visa (Tourist Visa), the F-1 visa (Student Visa), or the J-1 visa (Exchange worker visa). Generally, applications for the aforementioned visa categories can be made at a non-immigrant visa unit within the Consular Section of the US Embassy or US Consulate-General. Applicants are usually required to make an appointment in advance to apply for these types of visas.

Some foreign nationals wish to travel to the United States for business purposes. Depending upon the circumstances of the individual applying for admission to the USA, a business traveler may be issued a non-immigrant or an immigrant visa. The L-1 visa, the E-1 visa, the E-2 visa, the EB-5 visa, the EB-4 visa, the EB-3 visa, the EB-2 visa, the EB-1 visa, and the H-1B visa are all business visa categories commonly sought by foreign nationals. Generally, a business travel unit  within the Consular Section of a US Embassy or Consulate-General abroad is responsible for adjudicating such applications.

Some foreign nationals seek visa benefits based upon a relationship to a US Citizen or lawful permanent resident. One of the most commonly sought US family based visas is the immigrant visa based upon marriage to an American Citizen, these types of visas are generally classified as a CR-1 visa or an IR-1 visa. Fiancees of US Citizens may be eligible to apply for a K-1 visa (US fiance visa). Furthermore, those married to Americans sometimes seek a US K-3 visa. K-1 visas and K-3 visas are generally adjudicated by an Immigrant visa unit, notwithstanding the fact that they are non-immigrant visa categories as they are treated as immigrant visas since the applicants have immigrant intent.

For related information please see: US Immigration Asia.

Tags: American Embassy, American Embassy Burma, American Embassy Myanmar, American Fiance Visa, American Fiancee Visa, B-1 visa (Business Visa), Consular Reports of Birth Abroad, CR-1 Visa, CR1 Visa, CRBA, Exchange worker visa, F-1 Visa, IR-1 Visa, IR1 Visa, J-1 visa, K-1 Visa, K-3 Visa, K1 Visa, K3 Visa, student visa, the B-2 visa, Tourist Visa, US Embassy Burma, US Embassy Burma Holidays, US Embassy Myanmar, US Embassy Myanmar Holidays, US Embassy Rangoon, US Embassy Rangoon Holidays, US Embassy Yangon, US Embassy Yangon Holidays, US Fiance Visa, US Fiancee Visa, USA Fiance Visa, usa fiancee visa, USA K-1 visa, USA K1 visa
Posted in US Embassy Myanmar | No Comments »

In an effort to provide relevant information to travelers and expatriates who read this blog, the administration posts the holiday closing schedules for the various US Emabssies and US Consulates in the Southeast Asia region. The following is the holiday closing schedule for the United States Embassy in Phnom Penh, Cambodia as posted on the official Embassy website:

Each year, many Americans travel to a US Embassy or US Consulate in an effort to obtain services such as US Passport renewal, notary service, additional US Passport pages, and Consular Reports of Birth Abroad. Meanwhile, many foreign nationals from around the world must undergo Consular Processing in order to eventually be granted a US visa. Non-Immigrant visa units are tasked with adjudicating applications for non-immigrant visas such as the B-1/B-2 visa (US Tourist visa), F-1 visa (student visa), and the J-1 visa. Business visa units are responsible for the adjudication of business visa applications for travel documents such as the E-1 visa, the E-2 visa, the EB visa, the L-1 visa, the O-1 visa, and the H1-B visa. Finally, immigrant visa units have the responsibility for adjudicating applications for immigrant visas such as the IR-1 visa and the CR-1 visa. However, those seeking a K-1 visa (fiance visa) may also find themselves being interviewed by an officer with the immigrant visa unit as such travel documents are treated in much the same way as immigrant visas, notwithstanding the fact that K-1 visas are technically non-immigrant visas.

Those wishing to receive service from American Citizen Services at a US Embassy abroad or those wishing to have a visa application adjudictaed are encouraged to make an appointment online prior to traveling to the US Post.

For related information please see: US Embassy Thailand.

Tags: B-1 Visa, B-2 Visa, B1 visa, B2 Visa, consular report of birth abroad, Consular Reports of Birth Abroad, CRBA, E 2 Visa, E-1 Visa, E1 visa, E2 Visa, EB visa, EB-5 Visa, EB5 Visa, F-1 Visa, F1 Visa, Fiance Visa, Fiance Visa Cambodia, H1-B visa, H1B visa, J-1 visa, J1 visa, K-1 Visa, K1 Visa, K1 Visa Cambodia, L-1 visa, L1 Visa, O-1 visa, O1 Visa, student visa, US Consulate, US Embassy, US Embassy Cambodia, US Embassy Phnom Penh, us passport, US Tourist Visa
Posted in US Embassy Phnom Phen | No Comments »

Frequent readers of this web log may have taken note of the fact that the administration routinely posts the holiday closing schedules of the various US Missions in Asia as a courtesy to the public-at-large. To quote directly from the official website of the United States Embassy in Kabul, Afghanistan:

DATE                                 DAY                           HOLIDAY

January 2*                 (US)  Sunday  New Year’s Day
January 16*               (US)  Sunday  Martin Luther King, Jr. Day
February 15              (AF)  Tuesday  Liberation Day
February 16**           (AF)  Wednesday  Prophet’s Birthday
February 20*              (US)  Sunday  President’s Day
March 21                   (AF)  Monday  Nawrooz (Afghan New Year – 1390)
April 28                      (AF)  Thursday   Victory Day
May 29*                    (US)  Sunday  Memorial Day
July 3*                      (US)  Sunday  Independence Day
August 1**                (AF)  Monday  First Day or Ramadan
August 18***             (AF)  Thursday  Independence Day
Aug 31 – Sept 2**      (AF)  Wednesday – Friday Eid ul-Fitr
September 4*             (US)  Sunday  Labor Day
September 8***          (AF)  Thursday  Martyrdom of National Hero Day
October 9*                 (US)  Sunday  Columbus Day
November 6-8**          (AF)  Sunday – Tuesday Eid-e Qurban
November 10*             (US)  Thursday  Veteran’s Day
November 24               (US)  Thursday  Thanksgiving Day
December 6**             (AF)  Tuesday  10th of Muharram (Ashura)
December 25               (US)  Sunday  Christmas Day

Notes:

*    American holidays marked with an asterisk (*) are observed on a different day than in the US.

**  Afghan holidays marked with double asterisks (**) are based on the Islamic Calendar and depend on sightings of the moon.  As a holiday approaches, adjustments to this schedule may be made based on local practice and Afghan government announcements.

*** Afghan holidays marked with triple asterisks (***) are observed one day earlier.

Those wishing to visit the official homepage of the United States Embassy in Kabul are encouraged to click HERE.

It may sometimes prove necessary for an American Resident Abroad or an American traveling abroad to acquire documentation (US Passport, Consular Report of Birth Abroad, Notarized affidavit, etc.) which can only be obtained from an American Citizen Services section of a US Embassy or US Consulate overseas. Americans seeking such documentation are well advised to contact an American Citizen Services Section with appropriate Consular jurisdiction.

Those seeking an American non-immigrant visa (such as a B-1 visa, B-2 visa, J-1 visa, or F-1 visa) are likely to see their visa application processed at a non-immigrant visa section of a US Embassy, US Consulate, or American Institute abroad. Meanwhile, those seeking an immigrant visa such as a CR-1 visa or IR-1 visa (for purposes of Consular Processing, the K-1 visa; although a non-immigrant US fiance visa, is treated in much the same way as immigrant visa categories for processing purposes) are likely to see their visa application processed by an Immigrant Visa Unit abroad. Immigrant visas such as those noted above are likely to only be granted pursuant to an initial adjudication of an immigration petition at the United States Citizenship and Immigration Service (USCIS).

Those seeking visas such as the EB-5 visa or the L-1 visa are well advised to take note of the fact that it is unlikely that a visa application will be adjudicated by a US Post abroad until after an initial immigration petition is approved by USCIS.

For related information please see: Legal.

Tags: American Consulate, American Embassy, American Institute, American Resident Abroad, B-1 Visa, B-2 Visa, B1 visa, B2 Visa, Consular Processing, consular report of birth abroad, CR-1 Visa, CR1 Visa, CRBA, EB-5 Visa, EB5 Visa, F-1 Visa, F1 Visa, Holiday Closing, Holiday Schedule, IR-1 Visa, IR1 Visa, J-1 visa, J1 visa, K-1 Visa, K1 Visa, L-1 visa, L1 Visa, Legal, United States Citizenship and Immigration Service, United States Embassy in Afghanistan, United States Embassy in Kabul, US Consulate, US Embassy, US Embassy Afghanistan, US Embassy Kabul, US Fiance Visa, us passport, USCIS
Posted in US Embassy Kabul | No Comments »

It recently came to this blogger’s attention that the American Secretary of State, Hillary Clinton, has made an announcement regarding issuance of US student visas to Iranian nationals. To quote directly from the Still4Hill blog:

I am very pleased to announce a big step forward in the Obama Administration’s support of the Iranian people. Under our old visa policy, Iranian students and exchange visitors were eligible for visas that lasted for only three months and could be used to enter the country just one time. As of today, that has changed. They are now eligible for two-year, multiple entry visas. This gives young Iranians the opportunity to return home for family events, to participate in internships, to travel outside the United States—and they won’t need to get a new visa every time. I’ve heard from many Iranian students and Iranian Americans that you wanted this change. So I want you to know that we are listening to your concerns. We want more dialogue and more exchange with those of you who are shaping Iran’s future. We want to be able to share with you what we think is great about America…

The administration of this web log strongly encourages readers to click upon the hyperlinks above to learn more about this story.

The US Student Visa, also referred to by the categorical title of F-1 visa, is a very popular travel document among foreign nationals who wish to travel from their home country to the United States in order to undertake a course of study. This visa category is akin to the US tourist visa (B-2 visa) insofar as both visas require the adjudication of a visa application at a US Embassy or US Consulate abroad. The US student visa is also a non-immigrant visa. It is important to note this fact because it implies that any application for such a visa must survive scrutiny pursuant to section 214(b) of the United States Immigration and Nationality Act. Not all non-immigrant visa applications are scrutinized pursuant to 214(b), most notably the L-1 visa, but many popular categories require such scrutiny.

Section 214(b) of the Immigration and Nationality Act creates the rebuttable presumption that a non-immigrant visa applicant is actually an undisclosed intending immigrant to the United States. This presumption can only be overcome by the applicant providing affirmative proof that they have a strong incentive to leave the United States rather than remain. For many, overcoming such a presumption can be difficult, but it should not be viewed as impossible as many US non-immigrant visas are issued each year.

For related information please see: J-1 visa.

Tags: American Student Visa, American Visa, B-2 Visa, Exchange Visitor Visa, F-1 Visa, Hillary Clinton, J-1 visa, Student Visa Process, US Student Visa, US Tourist Visa, US Visa, US Visa Process
Posted in US Tourist Visa, US Visa | No Comments »

Those who read this blog on a regular basis will no doubt realize that when new information regarding Consular processing comes out this administration tries to post it in an effort to provide insight to those processing a visa application through the relevant Post. It recently came to this blogger’s attention that the United States Embassy in Manila, Philippines is changing their protocols for Immigrant visa processing. The following is a brief quotation from the official website of the US Embassy in Manila:

Effective December 1, 2010, various changes to immigrant visa services are as follows:

• Immigrant visa applicants whose appointments have not been scheduled through the National Visa Center (NVC) (i.e., immigrant visa petitions approved by the U.S. Citizenship and Immigrations Services Manila) may request a visa appointment by visiting the U.S. Embassy in Manila’s Visa Information and Appointment Service online at http://www.ustraveldocs.com/ph or by calling (632) 982-5555. The Visa Information and Appointment Service is open Monday through Friday, from 8:00 a.m. to 8:00 p.m. (Manila time), except on U.S. and Philippine holidays. Callers in the U.S. should call (214) 571-1600, from 7:00 p.m. to 7:00 a.m. (Eastern Standard Time). Callers are able to speak with an English-, Tagalog-, Ilocano- or Cebuano-speaking operator.
• Visa Information and Appointment Service representatives can provide information on visa appointment-related inquiries only. Inquiries on a specific case may be directed to the Immigrant Visa (IV) Unit by e-mail at [email protected] or by fax at (632) 301-2591. Petitioners and applicants may also call the IV Inquiry line at (632) 301-2000, extension 5184 or 5185 during normal business hours.
• Immigrant visa applicants who have been scheduled by the NVC for a visa appointment at the Embassy are required to visit the online appointment website to register their delivery address.
• K visa applicants who have been notified by the Embassy to prepare for their interview, must pay the visa application fee of $350 before they can request a visa appointment via the online appointment website or the Visa Call Center
  

It should be noted that the above quotation does not encompass all of the information provided upon the official website. Those interested in obtaining further information are encouraged to correspond directly with either an American immigration attorney or the US Embassy in the Philippines.

The Consular Processing phase is usually the last phase of the US visa process for those with immigrant intent. Although in certain cases, a 221g refusal may be issued if the adjudicating Consular Officer feels that further documentation is required to process an application. Furthermore, a visa application may be denied if it is found that a legal grounds of inadmissibility exists in a given case. Under such circumstances, it may be possible to remedy the denial through use of an I-601 waiver of inadmissibility.

In American family based visa cases, the Immigrant Visa Unit of a US Consulate abroad is responsible for the adjudication of a visa application for those seeking a K1 visa, K3 visa, CR-1 visa, or an IR-1 visa.  Those seeking a non-immigrant visa such as a B1 visa (US Business Visa), B2 visa (US Tourist Visa), F1 visa (US Student Visa), or J1 visa (Cultural Exchange Visa) must interview with an adjudicator at the Non-immigrant visa unit of the Post with Consular jurisdiction to adjudicate a visa application.

For related information please see: US Embassy Philippines.

Tags: 221(g) refusal, 221g, 221g denial, American Visa Philippines, B-1 Visa, B-2 Visa, B1 visa, B2 Visa, Consular Processing, CR-1 Visa, CR1 Visa, CR1 Visa Philippines, CR1 Visa Process, F-1 Visa, F1 Visa, I-601 Waiver, I-601 waiver Philippines, Immigrant Visa Unit US Embassy Philippines, IR-1 Visa, IR1 Visa, IR1 Visa Philippines, IR1 Visa Process, J-1 visa, J1 visa, K-1 Visa, K-3 Visa, K1 Visa, K1 Visa Philippines, K1 Visa Process, K3 Visa, K3 Visa Philippines, K3 Visa Process, US Business Visa, US Consulate Manila, US consulate Philippines, US Embassy Manila, US Embassy Philippines, US Exchange Visitor Visa, US Student Visa, US Tourist Visa, US Visa Philippines, USA Visa Philippines
Posted in CR1 Visa, I-601 Waiver, IR1 Visa, J1 visa, K1 Visa, K2 Visa, K3 Visa, US Embassy Manila, US Embassy Philippines, US State Department, US Tourist Visa, US Visa, US Visa and Immigration, USCIS, Visa Waiver | No Comments »

Frequent readers of this blog may have noticed that the administration routinely posts the holiday closing schedules of various United States Missions in Asia in an effort to forestall possibly fruitless trips to a US Embassy or US Consulate overseas. Many American Missions close and do not provide routine services in observance of both United States Federal holidays as well as local holidays in the Host Country. The following information was quoted directly from the official website of the United States Consulate in Hong Kong (this Post also has Consular jurisdiction over Macau):

The following have been designated as official holidays for 2010. The Consulate General will be closed to the public on these days.

A – American Holiday/L – Local Holiday

Notes: Four local holidays falling on Saturdays are not included in the 2010 holiday schedule (the day preceding Lunar New Year’s Day, February 13, the day following Good Friday, April 3, Labour Day, May 1, and Chung Yeung Festival, October 16).

Both Hong Kong and Macau are special administrative regions of the People’s Republic of China and have considerable autonomy under Chinese law. That said, those Americans interested in receiving services such as issuance of a Consular Report of Birth Abroad (CRBA), new US passport, new visa pages, or notary services, etc. are well advised to contact the American Citizen Services (ACS) Section of the nearest US Mission in an effort to schedule an appointment at ACS. Scheduling an appointment is an efficient way of streamlining services at an American Mission abroad as Consular Officers can prepare in advance to service a prospective customer’s needs.

Those interested in matters pertaining to United States Immigration are well advised to research the issue before contacting an American Mission abroad to set up an appointment for visa interview. Many non-immigrant visa categories (ex. F1 visa, B1 visa, B2 visa)  may not require the initial filing of a visa petition in the USA. However, non-immigrant visas such as the K1 visa and the K3 Visa do require the initial approval of a petition at the United States Citizenship and Immigration Service (USCIS). Also, immigrant visa categories such as the IR1 Visa and the CR1 Visa require the initial filing of a petition with USCIS. Although, some American Consulates and Embassies abroad may allow Direct Consular Filing (DCF) under certain limited circumstances.

For related information please see: US Visa China or EB-5 Visa China.

Tags: American Consulate Hong Kong, American Consulate Macau, American Embassy China, B-1 Visa, B-1 Visa China, B-2 Visa, B-2 Visa China, B1 visa, B1 Visa China, B2 Visa, B2 Visa China, CR-1 Visa China, CR1 Visa China, Direct Consular Filing, EB-5 Visa China, EB5 Visa China, F-1 Visa, F-1 Visa China, F1 Visa, F1 Visa China, IR-1 Visa China, IR1 Visa China, K-1 Visa China, K-3 Visa China, K1 Visa China, K3 Visa China, United States Consulate Hong Kong, United States Consulate Macau, US Consulate Hong Kong, US Consulate Macau, US Embassy China, US Visa China, USCIS
Posted in US Consulate Hong Kong, US Consulate Macau, US Embassy China | No Comments »

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 »

For detailed information about F-1 Student Visas please see: F1 Visa Thailand. For further reading about American Immigration from Thailand please see: US Visa Thailand.

The F-1 Visa in 2010

Unlike the J1 visa, the F1 Student Visa rules were left unmodified with no proposals for modification in 2009. That being said, the F1 visa could turn out to be a problem for those later filing for a family visa category such as a K-1 or K-3. This can be attributed to the fact that some of those who enter the United States on an initial F-1 visa either overstay their visa or remain for a long period of time in “duration of status.” Duration of status means that the visa holder is in status so long as underlying reason for traveling to the United States still exists. Those who remain for a long period of time in duration of status are unlikely to be later found inadmissible due to overstay as they usually do not accrue unlawful presence. However, their application and file may be placed into administrative processing while the Consular Officers make a determination regarding the applicant’s previous status in the United States. In some ways, this can be more frustrating than a finding of inadmissibility because Administrative Processing can take a great deal of time as the Consular Officers diligently research the applicant’s immigration history.

The F1 visa in Thailand is similar to the J1 visa in Thailand because the applicant may interview at the US Consulate in Chiang Mai rather than the US Embassy in Bangkok if the applicant lives in the Chiang Mai Consular district. One should not assume that one post is any “better,” than the other because at either post, the Consular Officers still make their decisions based upon the Immigration and Nationality Act (INA) and the Foreign Affairs Manual (FAM). It has been the author’s opinion that Consular Officers adjudicate cases “by the book,” and therefore any type of “forum shopping,” could be counterproductive.

Unlike a K1 visa, the F-1 visa is not a dual intent travel document so the Consular Officer must make a presumption of immigrant intent pursuant to section 214b of the INA. In order to overcome this presumption, the F1 visa applicant must demonstrate that they have “strong ties,” to Thailand and do not intend to remain in the United States past the expiration of their visa. The F-1 visa applicant must further prove that he or she has the financial resources necessary to pay for the educational course of study as well as living expenses in the US.

Tags: F-1 Visa, F-1 Visa Thailand, F1 Visa, F1 Visa Thailand, US Consulate Chiang Mai, US Consulate General Chiang Mai, us embassy bangkok, US Student Visa, US Student Visa Thailand
Posted in F1 Visa Thailand, 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 | No Comments »

Even with the current economy in a somewhat less-than-perfect state, the United States of America still boasts some of the best educational centers in the world. The United State has a great many post-secondary academic institutions and many of these institutions are considered by instructors, teachers, and professors to be the pinnacle of learning in the specialized fields on offer. As a result of America’s fairly unique position as a center of learning, many people from all over the world seek to travel to American in order to study. For nationals of many countries, traveling to the United States of America can a bit difficult, particularly if their country of origin is not a party to the US visa waiver program.

Citizens of the Kingdom of Thailand are unable to travel to the United states visa-free. As a result, any Thai national who wishes to travel to the United States to study must obtain a United States Student Visa, known in immigration circles by its categorical name: the F1 visa. The F1 visa is a non-immigrant visa, meaning that those traveling to the United States on an F-1 do so with the express intention to leave at the end of the visa’s validity.  Those who wish to apply for a US student visa must prove that they have the financial resources to pay for their entire stay in America without needing to resort to government assistance. Further, the applicant must prove that they are traveling to America to take up a bona fide course of study.

Many American’s who have a Thai loved one seek to obtain an F-1 student visa for the purpose of sidestepping the necessity of waiting for a US Family based visa petition to process. In comparison to even a K-1 visa (the US fiance visa that currently is the most expeditious family based visa that has inherent immigrant intent), the F-1 visa has a much shorter processing time. That being said, those who enter the United States of America on a non-immigrant visa, but in fact have immigrant intentions could be subject to criminal penalties as this course of action could be perceived as an attempt to provide false information to United States Immigration officials. Knowingly providing false information to American Immigration authorities could be construed as fraud and, at the least, would very likely result in a finding of legal inadmissibility against the immigrant. As a rule, it is always better for those wishing to travel to the United States to do so on the visa that most properly conveys the immigrants intentions.

For more information please see: US Visa Lawyer Thailand

(Nothing herein should be considered legal advice. For advice about the law, contact an attorney. No attorney/client relationship is made by reading this article.)

Tags: American Student Visa, American Visa Thailand, F-1 Visa, F1 Visa Thailand, K-1 Visa, K1 Visa Thailand, US Student Visa, US Visa Thailand
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