Integrity Legal

It recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) will be changing their procedures in matters pertaining to address changes. To quote directly from the website of the Division of International Services NIH Office of Research Services:

The U.S. Citizenship and Immigration Services (USCIS) has announced new mailing addresses for submitting the Form AR-11. The form must now be mailed to an office in Kentucky, and not to the USCIS Headquarters in Washington, D.C.

Forms submitted via the U.S. Postal Service should be sent to:

U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134

Forms submitted via commercial overnight or freight services should be sent to:

U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

Any forms previously mailed to the USCIS Headquarters will be forwarded to the Kentucky office. A new version of the Form AR-11, which includes the new mailing addresses, has been issued and is now available on the usCIS website (click here to download a copy of the form). Additional information on the change of address is available here on the USCIS website.

The administration of this blog highly recommends that readers click on the above link to read the full announcement.

This issue could be of particular importance for those who have recently filed a petition for immigration benefits and subsequently moved their place of residence. Also, those who enter the United States of America in K-1 visa status (the categorical name for the US fiance visa) should take note of the above announcements as K-1 visa holders are required to submit an application for adjustment of status in order to be granted lawful permanent residence in the USA. In some cases, a bi-national couple may find that they need to change their address while the adjustment of status is pending. Failure to advise the United States Citizenship and Immigration Service (USCIS) of such a change could result in processing delays or a situation in which a couple is not notified of an upcoming adjustment of status interview. This could result in the couple missing said interview and the K-1 fiancee falling out of status due to a deficient adjustment. For these reasons, keeping USCIS abreast of one’s address while a petition is pending is very prudent.

In a recent posting on this blog it was also noted that the USCIS has recently changed their policy regarding employment authorization and advance parole. The service is apparently issuing advance parole on the same document that grants employment authorization prior to adjustment. Advance parole is a benefit that can be granted to those holding K-1 visa status which allows the visa holder to leave the country while an adjustment is pending. Failure to obtain advance parole prior to leaving the USA could result in the K-1 visa beneficiary falling out of status and thereby requiring the process to be restarted all over again.

For related information please: K1 Visa Thailand.

Tags: Adjustment of Status, advance parole, American Fiance Visa Thailand, AR-11, AR11, change of address, Employment Authorization, K-1 Visa, K-1 Visa Burma, K-1 Visa Cambodia, K-1 Visa China, K-1 Visa Hong Kong, K-1 Visa India, K-1 Visa Indonesia, K-1 Visa Japan, K-1 Visa Korea, K-1 Visa Laos, K-1 Visa Macau, K-1 Visa Malaysia, K-1 Visa Myanmar, K-1 Visa Singapore, K-1 Visa Sri Lanka, K-1 Visa Taiwan, K-1 Visa Thailand, K-1 Visa Vietnam, K1 Visa, K1 Visa Thailand, United States Citizenship and Immigration Service, US Fiance Visa, US Fiance Visa Thailand, USCIS, USCIS change of address form
Posted in K1 Visa Thailand, USCIS | No Comments »

It recently came to this blogger’s attention that the Department of Homeland Security‘s United States Citizenship and Immigration Service (USCIS) has implemented a program to issue advance parole authorization on the same document as that of employment authorization. To quote directly from the official website of the United States Citizenship and Immigration Service (USCIS):

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents.

The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads, “Serves as I-512 Advance Parole.” A card with this text will serve as both an employment authorization and Advance Parole document. The new card is also more secure and more durable than the current paper Advance Parole document.

For those who are unfamiliar with the K-1 visa process, the adjustment of status occurs after a foreign fiancee arrives in America, marries the American petitioner, and files to have their status regularized to that of Lawful Permanent Resident. The card that is given to the foreign spouse is often colloquially referred to as a “Green Card”. Prior to adjustment of status, if a foreign fiancee leaves the USA, then they will need to obtain an advance parole travel document in order to keep their visa status alive and thereby permit reentry to the USA. Failure to obtain advance parole could result in a foreign fiancee losing his or her visa upon departure from the USA and thereby compelling them to go through the whole process anew.

An employment authorization document permits foreign fiancees in the United States on a K-1 visa to work prior to being approved for Green Card status. In many instances, couples opt not to apply for employment authorization and simply await the foreign fiance’s adjustment to Lawful Permanent Residence.

Once a foreign fiance is adjusted to lawful permanent residence, he or she may still be required to eventually apply for a lift of conditions. Those in the USA as a lawful permanent resident based upon marriage are placed in conditional status for the first two years of their presence in the USA if the couple was married less than 2 years at the time they acquired lawful permanent residence.

The above analysis could be utilized for K3 visa purposes as well. However, as the K-3 visa is currently being issued in very rare instances due to administrative closure policies at the National Visa Center, this blogger only mentions this issue as an aside.

For related information please see: K-1 Visa Thailand.

Tags: Adjustment of Status, Green Card, K-1 Visa, K-1 Visa Burma, K-1 Visa Cambodia, K-1 Visa China, K-1 Visa India, K-1 Visa Indonesia, K-1 Visa Laos, K-1 Visa Malaysia, K-1 Visa Myanmar, K-1 Visa Taiwan, K-1 Visa Thailand, K-3 Visa, K-3 Visa Cambodia, K-3 Visa China, K-3 Visa India, K-3 Visa Indonesia, K-3 Visa Laos, K-3 Visa Myanmar, K-3 Visa Taiwan, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, Lawful Permanent Residence
Posted in Adjustment of Status, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The administration posts the holiday closing schedules of many of the American Missions in Asia in an effort to forestall Americans abroad from traveling to an American Mission that is closed in observance of an American or Foreign holiday. The following is the holiday closing schedule of the United States Embassy in Kuala Lumpur, Malaysia as quoted directly from the Post’s official website:

The U.S. Embassy will observe the following official U.S. and Malaysian holidays.

2011

* Subject to change

Each year, many American Citizens and Lawful Permanent Residents seek services from a US Mission abroad. In many cases such services can only be provided by an American Citizen Services Section of a US Embassy or US Consulate abroad. Such services include, but are not limited to: issuance of Consular Reports of Birth Abroad, issuance of US Passports, or additional visa pages for a previously issued American Passport.

Those seeking temporary US visas such as the B-2 visa for tourists, the F-1 visa for foreign students, the B-1 visa for temporary business purposes, or the J-1 visa for cultural exchange visitors are often required to process their application through a Non-Immigrant Visa Unit of a US Mission abroad. Meanwhile, those seeking US family visa benefits for travel documents such as the CR-1 visa or the IR-1 visa generally process such requests through an Immigrant Visa (IV) Unit of a US Mission abroad. Even though the K-1 visa is a non-immigrant US fiance visa it is often treated in much the same way as an immigrant visa for processing purposes.

Those seeking an EB-5 visa or an L-1 visa are often required to process an immigration petition and receive approval of such a petition from the United States Citizenship and Immigration Service (USCIS).

Those wishing to visit the official website of the US Embassy in Malaysia please click HERE.

Those seeking related information should see: US Visa Malaysia.

Tags: American Embassy Kuala Lumpur, American Embassy Malaysia, American Visa Malaysia, consular report of birth abroad, CR-1 Visa Malaysia, EB-5 Visa Malaysia, F-1 Visa Malaysia, IR-1 Visa Malaysia, K-1 Visa Malaysia, K-3 Visa Malaysia, K1 Visa Malaysia, L-1 Visa Malaysia, US Embassy KL, US Embassy Kuala Lumpur, US Embassy Malaysia, US Fiance Visa Malaysia, US Mission Malaysia, US Visa Malaysia, USA Visa Malaysia
Posted in US Embassy Kuala Lumpur, US Embassy Malaysia | 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 »