Integrity Legal

The United States Citizenship and Immigration Service (USCIS) is responsible for adjudicating and processing petitions for American Immigration benefits. In the majority of cases, the petitioner is required to file a petition in the USA. However, in some relatively rare cases, it may be possible to file for immigrant spouse visa benefits at either an overseas office of USCIS or through Direct Consular Filing at a United States Mission, Embassy, or Consulate abroad. This blogger recently discovered that the USCIS is inviting stakeholders to a meeting to discuss overseas filings of I-130 petitions.  To quote directly from a recent memo distributed by the Department of Homeland Security’s USCIS:

The USCIS International Operations Division, Office of Policy & Strategy, and Office of Public Engagement invite you to participate in a teleconference to discuss changes to the adjudication of the Form I-130, Petition for Alien Relative, filed by petitioners residing overseas.

Currently, petitioners living outside the United States may file a Form I-130 with and have the petition adjudicated by a USCIS field office or American Consulate overseas. USCIS is reviewing options to have all Forms I-130 adjudicated domestically. During the session, USCIS will provide an overview of how changes may affect filing and adjudication as well as address questions and concerns from stakeholders.

It remains to be seen whether or not this proposed policy will be implemented, but if the policy is implemented, then all of those seeking immigrant visas will probably be required to file for visa benefits at a facility in the USA.

The United States Immigration process can vary depending upon the facts of a given case and the visa category being sought. Therefore, those seeking a CR1 visa or an IR1 visa will not undergo the same process as one who is seeking a K1 visa. This is especially true in cases where individuals are seeking non-immigrant visa benefits as many of these applications do not require the initial filing of an immigration petition in the USA. However, applicants for non-immigrant visa categories are likely to be scrutinized pursuant to the provisions of section 214b of the United States Immigration and Nationality Act which can lead to a higher number of visa denials when compared to immigrant visa categories.

Those interested in retaining the services of a professional to assist in the immigration process are well advised to ascertain the credentials of those claiming expertise in United States Immigration law as only a licensed American attorney is entitled to provide advice and counsel in immigration related matters for a fee.

Tags: 214(b), CR-1 Visa, CR1 Visa, Department of Homeland Security, Direct Consular Filing, Immigrant Visa, IR-1 Visa, IR1 Visa, K1 Visa, Overseas filing, stakeholders meeting, United States Citizenship and Immigration Service, USCIS
Posted in USCIS | No Comments »

Although the topic of K-3 visa applications and “administrative closure” by the United States National Visa Center has been a highly discussed topic in recent postings on this web log it is important to note as it can have a tremendous impact upon the K3 visa process. The K3 visa process is often researched by those United States Citizens wishing to obtain a US Marriage Visa for their Malaysian husband or wife. Although the term “K3 visa” has been used colloquially to describe an American spousal visa on the internet, this is not really the classic method of obtaining marriage visa benefits for the spouse of an American. In reality, submitting the petition to obtain CR1 Visa and/or the IR1 Visa benefits has historically been the commonly followed route to bringing a spouse to the USA.

At one time, the United States Citizenship and Immigration Service (USCIS) had such a substantial backlog of marriage visa petitions that the United States Congress and President William Jefferson Clinton enacted legislation commonly referred to as the “Life Act” in an effort to create, among other things, an expedited marriage visa. As a result, the K3 visa category was promulgated. The K4 visa is a derivative visa category intended to be utilized by the children of a K3 visa holder, it is somewhat similar to the K2 visa in the context of the K1 visa process. Approximately ten years after the creation of the K3 visa, USCIS no longer had the processing backlog it once had for marriage visa petitions. This lead to a situation where the National Visa Center was receiving Immigrant visa applications before or with the supplemental K3 application. It would seem that a decision was made to “administratively close” K3 visa applications where the Immigrant visa application arrived before or with the supplemental application. The reason for this policy would seem to be that the K3 visa’s utility is rather negated if the Immigrant visa petition has already been adjudicated.

Those thinking about bringing their Malaysian husband or wife to the USA are well advised to conduct research in an effort to make an informed decision about which type of benefits best suit the needs of the parties. It should also be noted that only a licensed American attorney is qualified to provide US Immigration advice or represent clients before the Department of Homeland Security or its constituent agencies such as USCIS, USCBP, or USICE pursuant to the United States Federal Code. Therefore, those thinking of retaining professional assistance for the immigration process are well advised to check the credentials of anyone claiming expertise in American immigration matters.

For related information please see: K1 Visa Malaysia or K3 Visa Malaysia.

Tags: American Attorney, American Marriage Visa Malaysia, American Visa Malaysia, CR-1 Visa Malaysia, CR1 Visa, CR1 Visa Malaysia, IR-1 Visa, IR-1 Visa Malaysia, IR1 Visa, IR1 Visa Malaysia, K-1 Visa Malaysia, K-2 Visa, K-2 Visa Malaysia, K-3 Visa Malaysia, K-4 visa, K-4 Visa Malaysia, K1 Visa Malaysia, K2 Visa, K2 Visa Malaysia, K3 Visa, K3 Visa Malaysia, K4 Visa, K4 Visa Malaysia, US Marriage Visa, Us Marriage Visa Malaysia, US Visa Malaysia
Posted in CR1 Visa, Department of Homeland Security, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, National Visa Center, US Embassy Kuala Lumpur, US Embassy Malaysia, US State Department, US Visa, US Visa and Immigration, USCBP, USCIS, USICE | No Comments »

Regular readers of this blog are likely to note that the administration often posts the most recent USCIS (United States Citizenship and Immigration Service) estimated processing times in an effort to provide insight to those researching United States Immigration for the first time. Depending upon the visa category that is sought, the USCIS processing time may vary as different visa categories require unique adjudication. The following time frames were quoted directly from the official website of the United States Citizenship and Immigration Service:

After a petition is submitted to either a USCIS lockbox or Service Center, the adjudication of the petition will generally occur based upon the order in which said petition is received. It should be noted that the above processing time estimates do not take into account the time it takes for the National Visa Center to process visa applications. Furthermore, Consular Processing at a US Mission, US Embassy or US Consulate abroad can add to the overall visa processing time. Therefore, even if a visa petition is approved, this does not mean that a visa will be immediately issued.

For further related information please see: K1 visa, L1 visa, E1 visa, E2 visa, or EB5 visa.

Tags: CR-1 Visa, CR1 Visa, E 2 Visa, E-1 Visa, E1 visa, E1 Visa Process, E2 Visa, E2 Visa Process, EB5 Visa, EB5 Visa Process, IR-1 Visa, IR1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K1 Visa Process, K3 Visa, L-1 visa, L1 Visa, US Visa Process, US Visa Processing Time, USCIS Processing Time, USCIS Processing Times
Posted in American Institute Taiwan, CR1 Visa, E1 visa, E2 Visa, EB5 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, 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 Emassy Mongolia, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In a recent posting on this blog we discussed a recent internal rule change at the National Visa Center (NVC). The NVC announced that effective February 1, 2010 they will no longer process I-129f petitions for marriage visa benefits if the underlying I-130 petition arrives prior to, or at the same time as, the supplemental I-129f petition. There are those who are wondering what impact this will have upon visa seekers. For those seeking a K-3 visa, the impact of this recent announcement is very important because in many cases, the NVC will require couples to seek immigrant spouse visas such as the IR-1 visa and the CR-1 visa rather than the expedited K3 visa. However, some may be confused about how this new rule will impact those seeking a fiance visa.

In order to obtain a fiance visa, the US Citizen must file an I-129f petition for a K1 visa. If the initial petition is approved, then it will be forwarded to the National Visa Center for a security clearance. After a security clearance, it will be forwarded to the US Embassy or US Consulate with proper jurisdiction. Confusion may arise because some may be placed under the mistaken impression that the I-129f petition will be administratively closed by NVC in a fiance visa case. This is not the truth, as administrative closures of I-129f petitions are only to happen in the context of applications for the K3 visa and not the K1 visa. This recent rule change will likely have no impact upon the K1 visa process as the rule is designed to change the K3 visa process exclusively.

One upshot of this recent development is that the resources that NVC was expending in processing I-129f petitions for K-3 visas may be diverted to processing Immigrant visas or K1 visas. That being said, it is this author’s opinion that the K1 visa process is quite efficient and NVC usually takes very little time to process K1 visa applications. In most cases where the visa application is to be processed by the US Embassy Thailand, there is a two week waiting time between I-129f petition approval by USCIS and the forwarding of the file from NVC to the US Embassy. By most people’s estimate, this is a reasonable period of time to wait. In the case of Immigrant visas, the NVC processing time is considerably longer as the NVC requires more documentation in Immigrant visa matters compared to non-immigrant visa cases.

Tags: American Embassy Thailand, CR-1 Visa, CR1 Visa, Fiance Visa, Fiance Visa Thailand, Fiancee Visa, IR-1 Visa, IR1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, 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, US Consulate Chiang Mai, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The K3 Visa was designed as an expedited alternative to Immigrant Marriage visas such as the IR1 Visa and the CR1 Visa. At one time, it could take as long as 3 years to process a marriage visa petition, which is why Congress created the K-3 visa category. However, in recent years the need for the K-3 visa has been less acute when compared to the past as the current processing times for the aforementioned Immigrant marriage visas is about 11-12 months. When comparing this to the K3 visa processing time one can see that the K-3 visa is becoming less of a necessity.

With that in mind, the United States Department of State’s National Visa Center (NVC) recently made an important announcement with regard to K-3 visas, the following quote is from a State Department publication promulgated by the American Immigration Lawyers Association (AILA):

“Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

The nonimmigrant K visa will be administratively closed.
The application process explained below will not be applicable and cannot be used.

The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage. If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality. If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send your petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if your marriage took place in Iran where the U.S. does not have an embassy your petition would be sent to Turkey.”

There are some who are likely asking themselves: What does this all mean? USCIS adjudicates all visa petitions and, upon approval, forwards them to the National Visa Center (NVC). NVC processes all K3 visa applications before they go to the Consulate or Embassy abroad (for those applications which are to be processed in Thailand, the NVC handles the application prior to receipt by the US Embassy Bangkok).

In essence, the NVC will no longer process K-3 visa applications if an Immigrant visa application is received by the NVC prior to, or at the same time as, a K3 application. As a practical matter, all K-3 petitions have an Immigrant visa counterpart. It is believed that, most of the time, the NVC receives these applications either in tandem or nearly simultaneously. There may be a few instances where a K-3 application will make it to NVC prior to the Immigrant visa application, but for the most part this is not the case. As a result, it is highly likely that the K-3 visa will no longer be available to those seeking marriage visa benefits because the Immigrant visa application will reach the NVC prior to, or at the same time as, the K-3 application.

Tags: CR-1 Visa, CR1 Visa, IR-1 Visa, IR1 Visa, K-3 Visa, K-3 Visa Thailand, K-3 Visas, K3 Visa, K3 Visa administratively closed, K3 Visa Thailand, K3 Visas, National Visa Center, NVC, US Visa, US Visa Thailand, US Visas, US visas Thailand
Posted in CR1 Visa, IR1 Visa, K-3 Visa Thailand, K3 Visa, National Visa Center, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | 2 Comments »

A recently proposed rule would increase the fees charged by the US Department of State for services performed at Embassies and Consulates abroad. To quote the AILA website:

“This rule proposes adjustments in current fees for consular services. The Department of State is adjusting the fees in light of an independent cost of service study’s (“CoSS”) findings that the U.S. Government is not fully covering its costs for providing these services under the current fee structure. The primary objective of the adjustments to the Schedule of Fees is to ensure that fees for consular services reflect costs to the United States of providing the services.”

Although not exhaustive, the following quotes list the proposed fee increases for services that will likely have the biggest impact upon US Citizens resident abroad:

“Passport Book Application Services

The Department is increasing the application fee for a passport book for an adult (age 17 and older) from $55 to $70. The application fee for a passport book for a minor (age 16 and younger) will remain at $40. The CoSS estimated that the cost of processing first-time passport applications for both adults and minors is $105.80 based on a projected FY10 workload of 11.9 million. This cost includes border security costs covered by the passport book security surcharge, discussed immediately below. Because a minor passport book has a validity of just five years, in contrast with the ten-year validity period of an adult passport book, the Department has decided to leave the minor passport book application fee at $40, and allocate the remainder of the cost of processing minor passport book applications to the adult passport application fee.”

The proposed rule goes further as there will be further fee increases for new passport seekers:

“Passport Book Security Surcharge

The Department is increasing the passport book security surcharge from $20 to $40 in order to cover the costs of increased border security which includes, but is not limited to, enhanced biometric features in the document itself. The passport book security surcharge is the same for adult passport books and for minor passport books.”

The addition of visa pages to an American’s passport has always been a courtesy provided free of charge. However, the proposed rule would change this:

“Additional Passport Visa Pages

In the past, the Department provided extra pages in a customer’s passport, to which foreign countries’ visas may then be affixed, at no charge. The CoSS found that the cost of the pages themselves, of having the pages placed in the book in a secure manner by trained personnel, and of completing the required security checks results in a cost to the U.S. Government of $82.48 based on a projected FY10 workload of 218,000. Therefore, the Department will charge $82 for this service.”

For those American Citizens who have a child overseas a Consular Report of Birth Abroad (CRBA) is necessary in order to ultimately obtain a US passport for the child. That being said, the fee for a CRBA would be increased under the newly proposed rule:

“Application for Consular Report of Birth Abroad of a Citizen of the United States

The CoSS found that the cost of accepting and processing an application for a Consular Report of Birth Abroad of a Citizen of the United States is $197.28 based on an FY10 workload projection of 80,000 applications. The Department has decided to raise the fee from $65 to $100, still significantly less than cost, based on its view that too high a fee might deter U.S. citizen parents from properly documenting the citizenship of their children at birth, a development the Department feels would be detrimental to national interests.”

The Immigrant visa fees associated with the processing of Immigrant family based visa applications (such as IR-1 visas and CR-1 visas) are to be decreased pursuant to the proposed rule:

“Immigrant Visa Application Processing Fee

The Department is changing the fee for processing an immigrant visa from $355 for all immigrant visas, to a four-tiered fee based on CoSS estimates for each discrete category of immigrant visa, as applications for certain applications cost more to process than others. Accordingly, the application fee for a family-based (immediate relative and preference) visa (processed on the basis of an I-130, I-600 or I-800 petition) will be $330.”

This being said, employment based application fees are to rise dramatically. Immigrant visa fees should not be confused with non-immigrant dual intent visa fees (such as those payable for the obtainment of a K1 visa or a K3 Visa) which are expected to rise in the future. Finally, an often overlooked service of the American Citizen Services section of a US Embassy or a US Consulate involves document notarization and legalization:

“Providing Documentary Services

The CoSS found the cost to the U.S. Government of providing documentary services overseas is $76.36 per service based on a projected FY 2010 workload of 380,000 services. These are primarily notarial services, certification of true copies, provision of documents, and authentications. However, the Department is raising these fees only from $30 to $50, lower than cost, in order to minimize the impact on the public.”

The above changes in the fee structure for Consular services will hopefully result in increased funds which will provide Americans with better services when they need important documentation.

Tags: American Citizen Services, consular report of birth abroad, CR-1 Visa, dual intent, IR-1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K3 Visa, notary service at US Embassy, passport, US Consulate, US Embassy, US Visa
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Upcoming Legislation, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand | 1 Comment »

The US visa process is a time consuming endeavor, but for those who eventually obtain a visa the process can seem well worth the wait as United States Permanent Residence entails both the right to remain in the USA as well as the right to take up employment. The Resident Alien Card, also know as the “Green Card,” is a very important document for US permanent residents. Upon entry in the United States on an Immigrant visa (such as an IR-1 visa or CR-1 visa), the entrant is given an I-551 stamp in his or her passport. This stamp is, for all intents and purposes, the entrant’s “green Card,” until a proper resident alien card is issued. In the past, Resident Alien Cards were sent to American lawful permanent residents by mail, but there were situations where the Resident Alien did not receive there “Green Card” and this caused problems. In a recent USCIS stakeholder’s meeting this issue was discussed as the following question was posed:

“According to current USCIS practice, when a green card is sent to an address, but the applicant does not receive it, and the package is not returned to USCIS as undeliverable, the client must pay a $370 fee to request another card. This is very difficult for indigent clients. Given the importance of this document, could USCIS institute a policy of sending green cards by certified mail, return receipt requested?”

The issues involved in this question impact aliens in the USA on a daily basis and luckily the United States Citizenship and Immigration Service (USCIS) appears to have come up with a solution to deal with this problem. The details of this solution are contained in the Service’s response below:

“USCIS has developed a means to deliver our secure documents called the Secure Mail Initiative (SMI). This involves sending the secure documents using U.S. Postal Service Priority Mail with Delivery Confirmation. Using this process allows us to track each individual piece of mail electronically through the U.S. Postal Service and speeds our delivery time while enhancing accountability to customers. Currently, we are experiencing tremendous success with SMI in our travel booklet product line (Refugee Travel Documents, Form I-571 and Re-entry Permits, Form I-327).”

Hopefully the Secure Mail Initiative will solve this problem in the vast majority of cases. Although no plan is perfect, it seems like this new method of mailing important immigration documentation will ensure document receipt in most cases as the recipient, or someone in the same household, will be required to confirm delivery of this documentation.

This issue is not only relevant for those with an Immigrant visa, it is also of importance for those who enter the USA on a K1 visa or a K-3 Visa as these travel documents are dual intent visas and require adjustment of status in order for the alien spouse to remain in the USA in Lawful Permanent Resident Status. Assuming that the I-485 adjustment of status application is approved, the alien will receive his or her resident alien card in the mail as well. Due to timing issues, the Secure Mail Initiative may be as beneficial, if not more so, to immigrants in these visa categories as it is more likely that these aliens will have changed their address while awaiting approval of the adjustment of status application.

We at Integrity Legal commend USCIS for taking this issue seriously and providing a workable solution to what can be a difficult problem.

Tags: CR-1 Visa, CR-1 Visa Thailand, Green Card, IR-1 Visa, IR-1 Visa Thailand, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, Secure Mail Initiative, SMI, US Visa Thailand, USCIS
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

For more information about how the IR-1 visa process works please see: IR1 visa Thailand. For further information about United States Immigration, United States Visas, and United States Immigration attorneys please see: US Visa Thailand.

The IR-1 visa in 2010

As with many of the other types of American visas, the IR-1 visa process seems poised to remain largely unchanged in the year 2010. However, the dawning of a new year, and a new decade, provides this author with an opportunity to discuss the IR-1 visa and how the IR1 visa process works.

For those who are not familiar with the IR1 visa, this is an immigrant visa, sought pursuant to a filing of an I-130 application, for those who wish to travel to the United States of America in order to take up lawful permanent residence. It is a travel document similar to the CR-1 visa. That being said, there is a major difference in the type of status each document confers upon entry in the United States. An IR-1 visa provides the bearer with unconditional lawful permanent residence upon entry. Whereas the CR-1 visa only provides the bearer with conditional lawful permanent residence upon admission to the USA. This can be a crucial difference as conditional residence requires that the couple file for a lift of conditions in order for the foreign spouse to be considered an unconditional lawful permanent resident. This is a critical difference because it means that a foreign spouse who enters in CR-1 status is considered a permanent resident only so long as her marriage remains intact. A divorce or death could lead to a situation where the foreign spouse is forced to depart the United States.

Fortunately for some couples, the conditionality of permanent residence is adjudicated at admission to the United States. Therefore, those who were married less than two years when they applied may be married more than 2 years at admission. In many cases, these couples will have the foreign spouse enter in IR-1 status rather than CR-1 status in order to facilitate later convenience.

CR-1 and IR-1 visas are currently taking approximately 5 months to process through the United States Citizenship and Immigration Service (USCIS) in the United States. This figure presupposes that the foreign beneficiary is a child or spouse of a United States Citizen. The process is very similar to the CR-1 visa process. That being said, there are those in Thailand who opt to submit a local filing at the USCIS office in Bangkok which can greatly reduce the processing time because USCIS: Bangkok has a much lower case load of such petitions when compared to the Service Centers in the United States of America. Also, a local filing does not process through the National Visa Center which can decrease the overall processing time as well.

In order to submit a local filing the couple must meet some fairly strict criteria, but should these requirements be met, the expedited processing time could be a virtual boon to those wishing to move quickly.

Tags: American Visa Thailand, I-130 application, IR-1 Visa, IR-1 Visa Thailand, IR1 Visa, IR1 Visa Thailand, Spouse visa Thailand, unconditional lawful permanent residence, US Visa Thailand
Posted in CR1 Visa, IR1 Visa, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

For those who have been married to an alien spouse for less than 2 years, the only immigrant visa category that the couple may apply for is a CR1 visa. For those who have been married for more than 2 years at the time of application an IR1 visa may be available. Usually, when the alien spouse travels to the United States of America on a CR1 visa he or she will be admitted with conditional lawful permanent residence. However, there is a question on the lips of many couples: what if we were married less than two years when we filed a visa application, but more than two years when we obtained the visa? The answer: the alien spouse’s status at entry may depend upon the duration of the marriage at the time of his or her admission to the United States of America.

For aliens with conditional lawful permanent residence, it is necessary to file for a lift of conditions before the alien will be granted unconditional lawful permanent residence.

When an alien is admitted to the United States, they must pass through a Customs and Border Protection checkpoint, this is commonly referred to as a port of entry. It is a common misconception that a US visa gives the visa holder the “right,” to enter the USA. In reality, a visa only provides the bearer with the right to travel to a US port of entry and ask for admission. When a CR1 visa holder travels to the USA they are admitted in lawful permanent residence, but the conditionality of that residence is determined by the Customs and Border Protection Officer admitting the alien. For couples who have had their two year anniversary before the alien spouse’s first trip to the USA, Customs and Border Protection will likely admit the alien spouse to unconditional permanent residence because conditionality is determined at the time of entry.

In some cases where a couple fails to meet the two year marriage requirement, but their second anniversary is in the very near future, it may be prudent for them to simply wait until after their second anniversary before the alien spouse asks for permission to enter the US for the first time. This way, the couple would not need to apply for a lift of conditions after the alien spouse enters the USA because the alien spouse will likely be granted unconditional permanent residence upon arrival in the United States.

Tags: CBP, conditional lawful permanent residence, CR-1 Visa, CR-1 Visa Thailand, CR1 Visa, CR1 Visa Thailand, Customs and Border Protection, IR-1 Visa, IR-1 Visa Thailand, IR1 Visa, IR1 Visa Thailand, Lift of Conditionality, Lift of Conditions, unconditional lawful permanent residence, US Visa, US Visa Thailand
Posted in CR1 Visa, General Legal Information, US Visa and Immigration, US Visa Thailand | No Comments »

A question on the lips of any Thai-American couple when first making the decision to immigrate to the United States is: “how long is this process going to take?” This is a question that can have many different answers depending upon the couple’s situation, visa category, and the processing center that will adjudicate the petition.

Visa Processing Times By Visa Category

The category of visa can have a crucial bearing upon how long it will take to process the visa application. This would seem to be due to the fact that more people tend to apply for certain visa categories, while others are requested less often.

A case in point, far more Immigrant visa applications are submitted than K-3 visa applications. This may be due to the fact that the immigrant visas confer a Green Card or because a K-3 visa application  requires a second petition. Some visa categories may take longer to process because there is heightened scrutiny of the visa application during its adjudication.

This author believes that Immigrant visas, also known as CR-1 or IR-1 visas, which confer permanent residence are scrutinized more carefully because of the privileges attached to the visa. An IR-1 visa beneficiary enters the USA with unconditional lawful permanent residence, the IR-1 beneficiary may remain in the USA indefinitely, provided he or she does not commit some sort of act that results in deportation.  Compare this scenario with a K-1 visa application where the visa ultimately obtained will only entitle the beneficiary to 90 days in the USA and require a further adjustment of status application and one can begin to understand why the applications for the K-1 visa seem to process faster.

The following are processing times for US Family based visas (K-1, K-2, K-3, K-4, and Immigrant Visas) submitted to the Vermont Service Center :

For more processing times garnered from the source of these estimates please click here

The following are processing times for US Family based visas (K-1, K-2, K-3, K-4, and Immigrant Visas) being processed at the California  Service Center:

For more processing times garnered from the source of this information please click here

All of the above processing estimates are an accurate, but approximate, depiction of USCIS processing times at the time of this writing. As a practical matter, USCIS seems to take more time for adjudication of some of the categories mentioned above than for others. Further it should be noted that the US Embassy in Thailand and the National Visa Center can add time to these estimates if they are processing large caseloads. For more specific information regarding visa cases filed at a USCIS service center and being processed at the American Embassy in Thailand please contact [email protected].

Expatriates living in Thailand may be able to file a visa petition at the USCIS office in Bangkok. By doing so, the processing time estimates are different in comparison to filing in the USA. Generally, when one petitions for an immigrant visa locally, they can expect to obtain that visa in much less time than those compelled to file in the USA.

(Please be advised: Nothing in this post should be construed as mean for any other purpose than providing educational information. Therefore, this post is no substitute for one-on-one legal advice from a licensed attorney. No lawyer-client fiduciary relationship is created between the author and any reader of this post.)

Tags: American Embassy Thailand, American Visa Thailand, CR-1 Visa, Green Card, IR-1 Visa, K-1 Visa Processing Time, K-1 Visa Thailand, K-3 Visa Processing Time, USA Visa Thailand, USCIS, Visa Processing Time
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