Integrity Legal

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 following is quoted directly from the official website of the United States Embassy in Phnom Phen, Cambodia:

Those wishing to visit the official homepage of the US Embassy in Cambodia please click HERE.

Those seeking services such as issuance of a Consular Report of Birth Abroad, US Passport, or the addition of visa pages to a previously issued US Passport are well advised to contact an American Citizen Services Section of a US Embassy, US Consulate, American Institute, or US Mission abroad. It should be noted that those seeking the aforementioned services may find processing streamlined when setting an appointment online in advance.

Those seeking a temporary visa such as a US B-2 visa (Tourist), F-1 visa (Student), J-1 visa (Exchange Visitor), B-1 visa (Business) are likely to see their visa application processed through a Non-Immigrant Visa (NIV) Unit abroad. It should be noted that those seeking a United States non-immigrant visa are likely to have their visa application scrutinized pursuant to section 214(b) of the United States Immigration and Nationality Act.

Those seeking immigrant family visa benefits such as an IR-1 visa or a CR-1 visa are likely see their visa application processed through an Immigrant Visa (IV) Unit of a US Post abroad. For processing purposes the K-1 visa (a non-immigrant US fiance visa) is treated in much the same way as the Immigrant visa categories. The same could once be said for the K-3 visa as well, but since the inception of the “administrative closure” policy K-3 visa applications are processed with far less frequency compared to years past.

Those seeking visas such as the EB-5 visa (Immigrant Investor Category) or the L-1 visa (intra-company transferees) are likely to only see their visa application processed after a positive adjudication of an immigration petition by the United States Citizenship and Immigration Service (USCIS).

For related information please see: K-1 Visa Cambodia or US Visa Cambodia.

Tags: 214(b), American Embassy Cambodia, American Embassy Phnom Penh, consular report of birth abroad, CR-1 Visa Cambodia, EB-5 Visa Cambodia, IR-1 Visa Cambodia, K-1 Visa Cambodia, K-3 Visa Cambodia, K1 Visa Cambodia, K3 Visa Cambodia, L-1 Visa Cambodia, US Embassy Cambodia, US Embassy Phnom Penh, us passport
Posted in US Embassy Cambodia, US Embassy Phnom Phen | No Comments »

On the internet the term “K3 visa” seems to have become the ubiquitous buzzword used to refer to a US Marriage Visa. However, this type of visa is not the classic method employed by American Citizens wishing to bring their Cambodian spouse back to the United States of America. In reality, many utilize either a CR1 Visa or an IR1 Visa when seeking immigration benefits for a foreign spouse. This is largely due to the recently enacted policy of the National Visa Center (NVC) to “Administratively close” K3 visa applications arriving contemporaneously with, or after, the arrival of an approved I-130 petition at the National Visa Center.

At one time, the United States Citizenship and Immigration Service (USCIS) had a major backlog of pending I-130 petitions for spouses of Americans. President Clinton and the Congress at that time promulgated legislation known as the Life Act which created a new visa category called the K3 Visa. This type of travel document was a sort of expedited non-immigrant marriage visa for spouses of American Citizens (Lawful Permanent Residents have never been eligible for K visa benefits including the K1 visa). Those using such a travel document were required to file an adjustment of status application following their spouse’s arrival in the USA, but the K3 visa was issued as a multiple entry travel document so physical presence in the USA was not a rigorously demanded during the adjustment process for K3 visa holder, as opposed to K1 visa holders who cannot leave the USA while the adjustment of status is processing without applying for an advance parole travel document. Under such circumstances, should a K1 visa holder leave the USA without adjusting status then they will fall out of status and the whole process must begin anew.

Since the the creation of the K3 visa USCIS has cut down their backlog of US Marriage visas tremendously. Currently, it takes approximately 5-6 months for USCIS to adjudicate an I-130 for the spouse of a US Citizen. This brought K3 visa processing times and CR1 visa processing times into greater alignment resulting in a situation where it took virtually the same amount of time to fully process either type of visa, give or take a few weeks depending upon the unique circumstances of a case. As a result, the National Visa Center seems to have adopted the policy that there is little use for the K3 visa under the current circumstances which lead to the automatic “administrative closure” of such applications where the underlying I-130 petition has been adjudicated. This does not mean that the entire visa process is at an end, but the applicant is effectively required to seek an Immigrant spouse visa rather than a K3 visa where the I-130 is adjudicated in a timely manner.

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

Tags: Add new tag, Administrative Closure, administratively closed, American Marriage Visa, CR1 Visa Processing Time, K-1 Visa, K-1 Visa Cambodia, K-3 Visa, K-3 Visa Cambodia, K1 Visa, K1 Visa Cambodia, K3 Visa, K3 Visa Cambodia, K3 Visa processing time, National Visa Center, NVC, United States Citizenship and Immigration Service, US Marriage Visa, US Visa Cambodia, USCIS
Posted in CR1 Visa, K1 Visa, K2 Visa, K3 Visa, National Visa Center, US Embassy Cambodia, US Embassy Phnom Phen, US Visa and Immigration, USCIS | No Comments »