Integrity Legal

As with any large government agency, errors can occur in processing government documentation. The United States Citizenship and Immigration Service (USCIS) is not immune to human error and recently the Service issued some advance parole travel documents with incorrect dates. To quote a press release promulgated by the American Immigration Lawyers Association:

“U.S. Citizenship and Immigrations Services (USCIS) announced today that it will reissue Advance Parole documents (Form I-512) in response to documents that were mailed to applicants with an incorrect issue date of January 5, 1990. All affected documents have been identified and USCIS will automatically reissue documents to individuals who have received a document with the incorrect issue date.”

It is fortunate that USCIS caught this problem and took steps to remedy the situation. The aforementioned press release went on to say:

“All documents continue to be valid as the expiration dates remain accurate, therefore it is not necessary for applicants to contact USCIS regarding their pending application unless their application is outside the normal processing time of 90 days.”

Again, as USCIS took steps to quick deal with this problem the impact upon prospective immigrants or those with pending visa applications is likely to be blunted.  However, sometimes prospective immigrants or non-immigrants in the United States need to leave the country for an emergency, but do not wish to forfeit their immigration benefits by doing so, this press release went on to detail the steps that immigrants can take to obtain an emergency advance parole travel document:

“If you need to travel urgently and you have received a document with an invalid issue date, then you may travel using the incorrect document. U.S. Customs & Border Protection (CBP) has been alerted however, you may be questioned about the issuance date. Therefore, please print this explanation to share with CBP if necessary.”

For those unfamiliar with the subject of advance parole, it is the legal staus that a prospective immigrant or non-immigrant must obtain in order to leave the USA and return in status. This can be a particularly important issue for those present in the US on a K1 visa or a K3 Visa where the applicant has submitted an application for adjustment of status. Unlike an Immigrant Visa (CR1 or IR1), a K1 fiance visa or a K3 marriage visa requires that the applicant adjust status in order to obtain lawful permanent residence. Although this rarely comes up in the context of a K3 visa, the validity of a K1 visa is of such short duration that the underlying visa usually expires before the adjustment of status is approved. While the application is pending the K1 holder will be allowed to remain in the US, but if they leave before adjusting status they will fall out of status if they do not receive advance parole.

Tags: advance parole, Fiance Visa, Fiance Visa Thailand, Fiancee Visa, Fiancee 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, travel document, US Visa Thailand, USCIS
Posted in 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 »

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 those interested in a detailed analysis of the K-3 Marriage visa please see: K3 visa Thailand. For general US Immigration information please see: US Visa Thailand.

K3 Visas in 2010

It is a new year in both Thailand and America and this author felt that this would provide a perfect opportunity to discuss the K3 visa and the obtainment process in 2010. At present, there is no reason to believe that the K3 visa process will dramatically change. That being said, Comprehensive Immigration Reform will likely be a major issue in the coming months and US Family Visas will probably be effected by any changes to the United States Immigration and Nationality Act (INA). Since any commentary regarding future changes to the process would simply be an exercise in speculation it may better to simply explain the current process and processing times in order to facilitate more informed decision making on the part of future applicants and petitioners.

Currently, the K3 visa application is submitted after the submission of an initial I-130 application. At present, the United States Citizenship and Immigration Service (USCIS) estimates that an I-129f application (the application that must be submitted in order to obtain a K3 visa) will be processed in approximately 5 months. This figure is slightly misleading as a K3 application requires that one include a copy of the Notice of Action 1 receipt for the initial I-130. It usually takes a minimum of one week after I-130 submission to receive a Notice of Action 1 receipt. Therefore, one should take this into consideration when making plans and timing calculations regarding the K3 visa for a Thai spouse.

K3 visas are processed through the National Visa Center in a manner similar to K1 visa applications. The application is then sent to the United States Embassy in Bangkok where the applicant (or their attorney of record) is notified that they can submit an application and request a visa interview.

The major difference between the K1 visa and the K3 visa is the fact that the K3 visa is a 2 year multiple entry visa where the K1 visa only provides the bearer with 90 days of lawful status in the United States. They are both dual intent visas in that they allow the bearer to have both non-immigrant and immigrant intent. This could be viewed as a benefit as it does not require the Consular Officer interviewing the applicant to analyze the applicant’s intentions through the prism of section 214b of the Immigration and Nationality Act. Section 214b is commonly cited by Consular Officers when denying applications for a US tourist visa or other non-immigrant visa categories.

Tags: dual intent, I-129f, I-129f Application, I-130, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 visa process, K-3 Visa Thailand, K1 Visa, K1 visa applications, K1 Visa Thailand, K3 Visa, K3 Visa Process, K3 Visa Thailand, National Visa Center, Notice of Action 1, us embassy bangkok
Posted in K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

There is some misunderstanding as to an attorney’s role at the Consular processing phase of the US visa process. The Consular processing phase is usually the final visa processing phase as it usually culminates in the issuance of a US visa. In cases involving legal grounds of inadmissibility this may not be the case (as such cases require the extra step of obtaining an I601 waiver), but in a routine family visa application, such as an application for a CR1, K3, or K1 visa, the visa is generally issued soon after the Embassy interview.

Many are under the mistaken impression that an attorney can be present at the visa interview. Although this may be true at some posts, the US Embassy in Bangkok does not permit this practice. Under the provisions of the Foreign Affairs Manual (FAM), US Embassies and Consulates are entitled to set policy regarding attorney representation at the post:

“Each post has the discretion to establish its own policies regarding the extent to which attorneys and other representatives may have physical access to the Consulate or attend visa interviews, taking into consideration such factors as a particular consulate’s physical layout and any space limitations or special security concerns. Whatever policies are set must be consistent and applied equally to all.” [9 FAM 40.4 N12.4]

Although a post has wide discretion with regard to presence therein, the post is required to notify the attorney of record regarding the ultimate status of the application:

“The post must send a notification of the action taken at the time of the final immigrant visa appointment to the applicant’s attorney of record on a locally reproduced nonstandard form letter… If the immigrant visa is refused, you must hand a copy of the refusal letter, and a copy of Form OF-194, The Foreign Service of the United States of America Refusal Worksheet, attached to the form letter to the alien (making sure that the refusal worksheet is retained in the applicant’s visa file).” [9 FAM 40.4 N12.2]

The Foreign Affairs manual goes further by permitting direct correspondence between attorneys and Consular Officers:

“You may correspond directly with the applicant’s representative of record, even in cases where the applicant is physically present in the United States, unless the applicant requests otherwise.” [9 FAM 40.4 N12.1]

Importantly, the Foreign Affairs Manual requires that an attorney licensed in the US, but practicing abroad, be accorded those same courtesies granted to attorneys practicing in the USA:

“You must extend to a U.S. attorney who has been practicing abroad and is a member of a State bar association or to a local attorney-at-law, the same courtesies in correspondence that are extended to an attorney practicing in the United States…” [9 FAM 40.4 N12.3]

In this author’s experience, the US Embassy in Bangkok, Thailand diligently adheres to the rules in the Foreign Affairs Manual while exercising reasonable discretion in order to efficiently process a very large caseload. Although not permitted to be present at the visa interview, a US visa lawyer in Thailand can provide a great deal of insight into the final phases of the US visa process.

For more information on the Foreign Affairs Manual please see the US Department of State Website by clicking here.

Tags: CR1 Visa Thailand, FAM, Foreign Affairs Manual, K-1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Immigration Lawyer Thailand, us visa lawyer thailand, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

The United States Citizenship and Immigration Service (USCIS) routinely issues updates regarding the processing time estimates for cases submitted at USCIS Service Centers in the United States of America. Since this website is dedicated to United States Family visas such as the CR1 visa, IR1 visa, K1 visa, and K3 visa; we have only displayed the processing times for the service centers which process these applications. For more information please see the new USCIS website.

The following are the processing times for the USCIS California Service Center as of September 30, 2009:

The following are the processing times for the USCIS Vermont Service Center as of September 30, 2009:

It should be noted that these processing times are only estimates and every Immigration petition is unique in that it processes at its own pace. Further, these processing times are only relevant with regard to USCIS. The US Embassy in Bangkok and the US Consulate in Chiang Mai process applications after they have received USCIS pre-approval.

Tags: American Embassy Bangkok, American Visa Thailand, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Processing Times, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Processing Times, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The Department of Homeland Security is a vast bureaucracy with many different components. The Ombudsman’s office can be very helpful for those who have had a file go missing or otherwise need assistance in dealing with the United States Citizenship and Immigration Service (USCIS). Recently, Secretary Napolitano of Homeland Security appointed a new Ombudsman. The American Immigration Lawyers Association (AILA), noted the appointment in a recent press release:

“In a message to employees yesterday afternoon, Secretary Napolitano announced the appointment of January Contreras as Citizenship and Immigration Services (CIS) Ombudsman for the Department of Homeland Security.”

Secretary Napolitano was quoted as saying that the new Ombudsman has “valuable experience,” which will assist in her future endeavors. To further quote the above press release:

“Ms. Contreras previously served as a Senior Advisor to Secretary Napolitano, where she helped lead the Department’s response to the H1N1 flu and oversaw Department initiatives for the White House Council on Women and Girls. She formerly led the Arizona Department of Health Services, managing nearly 2,000 employees and overseeing the state’s public health and behavioral health systems. In addition, she has 10 years of experience in litigation and policy including health and its interaction with immigration policy and legislation.”

The aforementioned press release also noted the exact nature of the USCIS Ombudsman’s role:

“The CIS Ombudsman provides independent analysis of problems encountered by individuals and employers interacting with U.S. Citizenship and Immigration Services, and proposes changes to mitigate those problems.”

Contacting the USCIS Ombudsman’s office can be very beneficial for those with a pending K1 visa or K3 visa application. However, the office should not be contacted simply to request information regarding the status of a pending case as the USCIS website is probably the more appropriate place to seek this information.

This author hopes that the appointment of this new Ombudsman will further protect the interests of those processing their application with USCIS. With that in mind, in recent months the USCIS Service Centers seem to be processing applications with a great deal of efficiency and there does not appear to be any reason to believe that this will not continue in the future. It should be noted that the Ombdsman does not oversee the administration of the US Embassy Thailand. The Department of Homeland Security and the Department of State (the agency with jurisdiction over US Embassies and Consulates, like the US Consulate in Chiang Mai) are two separate agencies and their staff do not generally have overlapping jurisdiction. For issues concerning the Embassy it is usually best to contact the Embassy directly.

Tags: American Embassy Bangkok, American Embassy Thailand, American Visa Thailand, Department of Homeland Security, Department of State, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand, USCIS, USCIS Ombudsman, USCIS website
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

US Immigration and Nationality is an interesting and complex area of American jurisprudence. As a statutorily driven field of law, it can be one of the more rules driven areas of Federal regulation. Many Americans born in the United States acquire their citizenship through a combination of jus sanguinis (Latin meaning “right of blood”) and/or jus soli (Latin meaning “right of the soil” or “right of the territory”). For those born outside of the United States, or its possessions, how can United States Citizenship be proven? This is why the United States government has promulgated the US Certificate of Citizenship.

The Certificate of United States Citizenship is a legal document distributed by the government authorities of the United States of America and used in order to provide proof of the bearer’s United States Citizenship. Those who are qualified to submit an application for a United States Certificate of Citizenship include those who acquired United States of America citizenship while living in the United States or those Americans who were born outside of the United States, or any possession or territory of the USA, to United States citizens. Specifically eligible to submit an application for a US Certificate of Citizenship are:

• those born abroad who have parents with United States citizenship, or

• those with at least one naturalized parent who naturalized when the citizen was  under 18 years of age and met special criteria of United States Immigration and Nationality law.

It should be noted that the US certificate of citizenship is a substantially different document from the United States naturalization certificate. Naturalization occurs when a foreign national acquires United States Citizenship. The certificate of naturalization is conferred in order to prove acquisition of US Citizenship. The certificate of citizenship is generally granted to those who were born as United States Citizens.  Therefore, the documents, although similar, denote two different types of US Citizenship.  Generally, one must submit an application to the United States Citizenship and Immigration Service (USCIS) in order to obtain a Certificate of Citizenship. USCIS is an agency under the Department of Homeland Security which is tasked with maintaining Immigration, naturalization, and Citizenship records for those persons in the USA.

United States Citizenship is important from a US Immigration perspective because only a US Citizen can petition for a K1 visa (fiance visa) or a K-3 visa (expedited marriage visa) on behalf of a foreign national. Therefore, proving one’s United States Citizenship could be critical in obtaining a USA Visa for a foreign loved one.

(This content is intended for educational purposes only and does not constitute advice regarding the law. No Lawyer-Client Relationship exists between author and reader.)

Tags: K-1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Immigration Thailand, US Visa Thailand, USA Visa Thailand, USCIS, Visa Lawyer Thailand
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The K-1 visa is a very popular visa for Thai nationals who have a US Citizen loved one. The US Embassy in Bangkok processes a large number of fiance visa cases each year. Many of those who apply for a United States K-1 visa have questions about their status once they reach the USA. In most cases, the answers are cut and dried, but there are some questions that have more nuanced answers.

Many people who travel to the United States on a K1 visa seem to immediately ask the question: Can I work now that I’m here? The answer to that question would be a qualified “yes.” Under the relevant provisions of 8 CFR 274a.12(a)(6), a K-1 visa holder may be entitled to apply for what is known as work authorization. Work authorization is sometimes referred to as a “work permit.” Similar to a work permit in Thailand, the work authorization document in the United States must be obtained by petitioning the United States Citizenship and Immigration Service (USCIS).

The work permit’s technical name is: Employment Authorization Document (EAD). There are those who are under the mistaken impression that work authorization is a right. In fact, under current United States Immigration laws the K-1 visa holder is not entitled to work authorization as a matter of right, but is simply entitled to submit an application for said status.

A downside of obtaining an Employment Authorization Document while in K-1 status is the fact that the Employment Authorization only lasts as long as the applicant is in K1 status. So it is subject to expiration as soon as the K-1 visa holder’s status changes. This results in employment authorization that lasts for a negligible duration. In most cases, obtaining Work Authorization is often not a net benefit to the prospective applicant except in certain rare circumstances.

That being said, there are other methods of gaining work authorization. A possibly more beneficial option for the prospective work authorization applicant would be to submit an EAD petition in conjunction with an I-485 petition for adjustment of status to lawful permanent residence (green card). This method is advantageous because the fee for the Employment Authorization Document is included in the adjustment fee and the result is a net reduction in expenses. Also, the Employment Authorization Document will be valid for one year.

Further, A Thai spouse of a US Citizen present in the United States on a non-immigrant K-3 visa is eligible for work authorization. In the case of the J-1 visa and F-1 visa, the visa holder may be able to obtain a work permit depending upon the situation. Although, particularly in the case of the US Student Visa, work authorization will be severely restricted.

All of this being said, it should be noted that once the K-1 visa holder successfully adjusts status to permanent residence they will have a green card and be legally allowed to work in the United States of America.

(This post is meant for educational purposes only. No Attorney-Client relationship is formed by reading this content.)

Tags: American Visa Thailand, EAD, Employment Authorization, Employment Authorization Document, F-1 Visa Thailand, J-1 visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Visa Thailand, Work Authorization, Work Permit
Posted in Adjustment of Status, F1 Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Visa Thailand | No Comments »

For those seeking to submit a visa application the first thing to think about is which office of the United States Citizenship and Immigration Service (USCIS) will take jurisdiction over adjudicating the petition. In instances involving an overseas filing of an Immigrant petition (sometimes known as Direct Consular Filing), this information is not useful, but for those living in the United States and filing non-immigrant spouse or fiance visa petitions, the following information may be helpful.

The K-1 visa application (the I-129f) should be filed with the office having jurisdiction over the petitioner’s home state.  There are currently two USCIS service centers adjudicating I-129f petitions (the K-3 visa application requires a supplemental I-129f petition after submission of an initial I-130 petition).

USICS Service Center: California

The California Service Center currently adjudicates petitions from the following US states and territories:

Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, or Wyoming. (As with all information concerning USCIS jurisdictional matters, the above list is subject to change.)

USICS Service Center: Vermont

The Vermont Service Center currently adjudicates petitions from the following US states and territories:

Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, West Virginia and the District of Columbia. (As with all information concerning USCIS jurisdictional matters, the above list is subject to change.)

(Some people confuse the Vermont Service Center with the National Visa Center in New Hampshire. The National Visa Center is not an organ of USCIS, but is a visa application processing center under the administrative jurisdiction of the United States Department of State.)

For those American Citizens who are resident in the Kingdom of Thailand, it may be possible to file an Immigrant Visa application with the USCIS office in Bangkok, Thailand. However, unlike a USCIS Service Center, the Bangkok District Office does not generally adjudicate K-1 visa applications. Further, the USCIS Service Centers in California and Vermont are not the correct locations to submit Immigrant Visa (I-130) applications for spouses of United States Citizens who are resident in the United States. Therefore, one should do careful research before submitting any visa application in order to be sure that an application will not be rejected based upon lack of proper jurisdiction.

(Do not use this information as a substitute for competent legal advice. No attorney-client relationship should be inferred to have formed between author and reader.)

Tags: American Visa Thailand, California Service Center, I-130, K-1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, United States Citizenship and Immigration Service, US Visa Thailand, USCIS, Vermont Service Center
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | 24 Comments »

For those seeking to obtain a USA Visa from Thailand, it is almost inevitable that the United States Citizenship and Immigration Service (USCIS) will be involved in the process. That being said, depending upon the visa being sought, USCIS may play less of a direct role in the initial process.

The United States Citizenship and Immigration Service has had an interesting recent history. Currently, the office is under the administrative jurisdiction of the Department of Homeland Security. USCIS former acronym was INS which stood for the Immigration and Naturalization Service. In the aftermath of  September 11, 2001 it was decided that the services provided by INS could be better facilitated under the aegis of the Department of Homeland Security and INS was folded into that agency. For a time, the United States Citizenship and Immigration Service was known simply as the Bureau of Citizenship and Immigration Services (BCIS), but the acronym and name was officially changed to the current form on October 13, 2004.

For Immigrant visas that confer either conditional or unconditional lawful permanent residence (Greencard) to an alien upon entry, USCIS will play a major role in adjudicating the I-130 visa application. In certain instances where the United States Citizen has been living in the Kingdom of Thailand for a specified period of time, it may be possible to locally file an I-130 application at the USCIS office in Bangkok. This procedure is sometimes mistakenly called “Direct Consular Filing,” but, in point of fact, this appellation is misapplied. A direct consular filing can only occur at a consular section when a United States consular officer at a US Embassy or Consulate General accepts a visa application that has not first been adjudicated by USCIS either in the United States or at an office abroad. In Thailand, it is very rare for a consular officer at the US Embassy in Bangkok or the Consulate General in Chiang Mai to accept a visa application directly because there is a large local USCIS office in Bangkok.

For those making a K-1 visa application, it will be necessary to file the application at a USCIS service Center in the United States. The United States Citizen petitioner’s residence will determine what service center should be used when submitting the initial application.  For those unfamiliar with the K-1 visa, it is a fiance visa designed to allow an American’s foreign fiance to come to the USA for the purpose of marriage.

For those making a K-3 visa application, the I-129f application must be sent to a USCIS service center and not the Chicago Lockbox. The K-3 visa was designed as an expedited marriage visa for spouses of American Citizens.

F-1 visa applications and J-1 visa applications are generally submitted directly to the United States Embassy with jurisdiction over the applicant’s place of residence. US Tourist Visa applications are also submitted directly to the US Embassy.

(This is intended for educational purposes only, it is not legal advice. For Legal advice about Immigration law, contact a visa lawyer. No attorney client relationship is created between the author and any reader of this piece.)

Tags: American Visa Thailand, Green Card, K-1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, K3 Visa Thailand, US Tourist Visa, US Visa Thailand, USA Visa Thailand, USCIS
Posted in F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »