Integrity Legal

This posting discusses the issues associated with retaining an American attorney to assist with the K-1 visa process. Those thinking about retaining assistance in the K-1 visa process are well advised to conduct thorough research prior to making any irrevocable decisions.

The K-1 visa is a non-immigrant US fiance visa which was intended to be used solely by the foreign fiances of American Citizens. The K-1 visa allows the foreign fiancee of an American Citizen to enter the United States for a period of 90 days of the purpose of marriage. Those who do not marry their American fiance after 90 days in the USA will be required to depart from the USA. Readers should bear in mind that the entrant to the United States on a K-1 visa who marries their loved one must undergo the adjustment of status process in order to gain lawful permanent residence in the U.S.A.

The purpose of this article is to provide insight to Americans about the perils of dealing with non-licensed individuals who purport to be qualified to practice United States Immigration law (or any American law, for that matter) . Pursuant to 8 CFR 292.1 only a qualified lawyer licensed to practice law in at least one U.S. State or Federal jurisdiction is entitled to engage in the receiving of client fees in connection with the practice of United States immigration law. Therefore, those not so qualified must either fit within a narrow exception to the aforementioned rule lest their behavior be deemed to be illegal. It should be noted that attorney-client confidentiality is a significant issue which should be considered when ascertaining the credentials of those claiming qualification in United States immigration matters abroad as there are many so-called “visa agents” or “immigration consultants” claiming qualification to provide services in connection with U.S. immigration. Attorney-client privilege is not extended to those not qualified as an American attorney and therefore discussions with unqualified individuals are likely not privileged communications. Meanwhile, some individuals brazenly, albeit falsely, portray themselves as American attorneys when, in fact, this is simply not the case.

For all of the reasons outlined above it should be noted that only a competent licensed attorney from the United States should be retained to assist prospective clients. Readers should understand that this message is not conveyed as an advertisement of this particular blogger’s services, as this is not this blogger’s intention in creating this posting. Instead, this post should be viewed as a reminder to readers that this decision should be made by prospective clients after serious contemplation and thorough research of all possible candidates for an attorney position. Attorney-Client relationships are not “one size fits-all” and neither is quality legal service. Therefore, the public should conduct research before coming to an informed decision about hiring an attorney.

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

Tags: American Attorney, American Fiance Visa, American Immigration Attorney, American Immigration lawyer, American Lawyer, American Visa Attorney, American Visa Lawyer, K-1 Visa, K-1 Visa Attorney, K-1 Visa Lawyer, K-1 Visa Process, K1 Visa, K1 Visa Attorney, K1 Visa Bangladesh, K1 Visa Burma, K1 Visa Cambodia, K1 Visa China, K1 Visa Hong Kong, K1 visa India, K1 Visa Indonesia, K1 Visa Laos, K1 Visa Lawyer, K1 Visa Macau, K1 Visa Malaysia, K1 Visa Myanmar, K1 Visa Process, K1 Visa Singapore, K1 Visa South Korea, K1 Visa Taiwan, K1 Visa Thailand, Legal, licensed attorney, licensed lawyer, US attorney, US Fiance Visa, US lawyer
Posted in K1 Visa, K1 Visa Thailand | No Comments »

For those American Citizens or United States Lawful Permanent Residents who frequently travel abroad, it may sometimes prove necessary to obtain services or assistance from an American Mission abroad. In an effort to forestall fruitless trips by the public to US Posts abroad the administration of this blog routinely posts the holiday closing schedules of various US Missions in Asia. This blogger has personally found that arriving at a US Embassy only to find it closed due to observance of an American or foreign holiday can be frustrating. The following was quoted directly from the official website of the American Institute in Taiwan:

January 2011

• Monday, January 3: Consular Section In-Service Day (AIT/Taipei)
• Monday, January  17: Birthday of Martin Luther King, Jr. (US Holiday)

February 2011

• Tuesday, February 1: Consular Section In-Service Day (AIT/Taipei)
• Wednesday, February 2 to Monday, February 7: Chinese Lunar New Year Holidays (Local)
• Monday, February 21: Washington’s Birthday (US Holiday)
• Monday, February 28: Peace Memorial Day (Local)

March 2011

• Tuesday, March 1: Consular Section In-Service Day (AIT/Taipei)
  

April 2011

• Friday, April 1: Consular Section In-Service Day (AIT/Taipei)
• Monday, April 4: Children’s day (Local)
• Tuesday, April 5: Tomb Sweeping Day (Local)

May 2011

• Monday, May 30: Memorial Day (US Holiday)
  

June 2011

• Monday, June 6: Dragon Boat Festival (Local)

July 2011

• Monday, July 4: Independence Day (US Holiday)

September 2011

• Thursday, September 1: Consular Section In-Service Day (AIT/Taipei)
• Monday, September 5: Labor Day (US Holiday)
• Monday, September 12: Mid-Autumn Festival (Local)

October 2011

• Monday, October 3: Consular Section In-Service Day (AIT/Taipei)
• Monday, October 10: National Holiday (Local) also Columbus Day (US Holiday)

November 2011

• Tuesday, November 1: Consular Section In-Service Day (AIT/Taipei)
• Friday, November 11: Veterans Day (US Holiday)
• Thursday, November 24: Thanksgiving Day (US Holiday)
  

December 2011

• Thursday, December 1: Consular Section In-Service Day (AIT/Taipei)
• Monday, December 26: Christmas Day (Observed US Holiday)

Those seeking services such as issuance of a Consular Report of Birth Abroad, US Passport, or additional visa pages are well advised to contact and American Citizen Services Section of the nearest US Mission with jurisdiction over the area in which one is physically present.

For the homepage of the official website of the American Institute in Taiwan please click HERE

Those seeking US non-immigrant visas such as the B-2 visa for tourists, the B-1 visa for short term business travelers, the F-1 visa for students, or the J-1 visa for exchange visitors are likely to have their visa application adjudicated by a non-immigrant visa unit of a US Mission abroad. Those seeking immigrant visas for Taiwanese loved ones are likely to process their application through an Immigrant Visa Unit. It should be noted that for purposes of visa application processing the K-1 visa, although technically a non-immigrant US fiance visa, is generally treated as if it were an immigrant visa.

Those seeking Business or Investment visas such as the E-2 visa for Traders, the L-1 visa for intra-company transferees, or an EB-5 visa for immigrant investors should note that an approved immigration petition may be required before a US Mission abroad will process a visa application.

Those seeking advice and/or counsel regarding a pending US immigration matter are well advised to contact a licensed American lawyer in order to gain insight into the practical application of US Immigration law upon the unique facts in a given case.

For related information please see: CR1 Visa.

Tags: American Institue Taiwan, American Institute Taiwan Holiday Closings, American Lawyer, B-1 Visa Taiwan, B-2 Visa Taiwan, CR-1 Visa Taiwan, E-2 Visa Taiwan, EB-5 Visa Taiwan, F-1 Visa Taiwan, J-1 Visa Taiwan, K-1 Visa Taiwan, K1 Visa Taiwan, L-1 Visa Taiwan, US Consulate Taiwan, US Embassy Taiwan, US Mission Taiwan, US Tourist Visa Taiwan
Posted in American Institute Taiwan, CR1 Visa, E2 Visa, EB5 Visa, IR1 Visa, J1 visa, K1 Visa, K2 Visa, L1 Visa | No Comments »

This blog frequently discusses American Immigration matters in a country-specific context in order to provide insight to those researching US Immigration issues for the first time. Some are not aware that in 2010 the United States National Visa Center (an agency under the jurisdiction of the US Department of State) promulgated the policy that K3 visa applications would be “administratively closed” if the underlying immigrant visa petition arrived at NVC prior to, or at the same time as, the K3 Visa petition.Those researching this issue for the first time may find a brief overview of the K3 visa’s history insightful as this may shed light upon the possible reasoning behind the “administrative closure” policy.

At one time, there was a rather large backlog of Immigrant spouse visa petitions (petitions for visas now classified as either a CR1 Visa or an IR1 Visa) at the United States Citizenship and Immigration Service (USCIS). Therefore, the United States Congress and President William Jefferson Clinton promulgated and executed legislation colloquially referred to as the “Life Act”. This statute effectively created the visa category known as the K-3 (for derivative dependents the visa category is a K-4 which is similar to the K-2 derivative visa associated with a K1 visa or fiance visa). Since the creation of the K-3 visa, the USCIS has cut down their backlog to the point where immigrant visa petitions are being adjudicated within a matter of months. As a result, there was a rather brief period of time in which USCIS was adjudicating immigrant visa petitions faster that K3 visa petitions. In any case, once USCIS has made their adjudication, such petitions are then sent to the NVC where they are the forwarded on to the US Mission, US Embassy, or US Consulate with appropriate jurisdiction for Consular Processing. At some point, a decision was made to “administratively close” K3 visa applications when the underlying immigrant visa petition arrives at NVC before, or contemporaneously with, the immigrant visa petition. In practical terms, this means that if the adjudicated immigrant visa petition arrives at NVC before the K3 petition, the K3 will be effectively set aside and the bi-national couple will be compelled to proceed with the immigrant visa process.

In a way, this policy makes some sense as the K3 visa’s utility is somewhat negated by the contemporaneous processing of an immigrant visa. As a result, at the time of this writing, there are many who feel that the K3 visa is not a particularly viable option for those Americans wishing to bring their Taiwanese husband or wife to the USA. It should be noted that the K3 visa was always a non-immigrant visa meaning that it did not confer lawful permanent residence upon the bearer when admitted to the USA. Those arriving in the USA on a K3 could choose to either consular process their immigrant visa application or file for adjustment of status in the USA.

For related information please see:  K1 Visa Taiwan or US Marriage Visa.

Tags: Adjustment of Status, American Immigration Taiwan, American Institute Taiwan, Department of State, Fiance Visa Taiwan, K-1 Visa Taiwan, K-3 Visa Taiwan, K1 Visa Taiwan, K3 Visa Taiwan, National Visa Center, US Immigration Taiwan, US Marriage Visa, US Marriage Visa Taiwan, US MArriage Visa Taiwanese Wife, US Visa Taiwan, USA Visa Taiwan
Posted in Adjustment of Status, CR1 Visa, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, National Visa Center, US State Department, US Visa, US Visa and Immigration, USCIS | No Comments »

Those who read this blog on a regular basis may have noted that recently less attention has been paid to the K1 visa than in the past. This development is partly due to the fact that there has been little to report regarding the US fiance visa as there have been few dramatic changes to the K1 visa process since the beginning of the year 2010. That said, with Comprehensive Immigration Reform possibly on the horizon, there are those who believe that many changes will be made to current US Immigration protocols. In a recent announcement, the American State Department sought comments regarding the DS-156K. This form is specifically used for Consular Processing of the K1 fiance visa. To directly quote an excerpt from the announcement as distributed by the American Immigration Lawyers Association (AILA):

We are soliciting public comments to permit the Department to: Evaluate whether the proposed information collection is necessary to properly perform our functions. Evaluate the accuracy of our estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. Enhance the quality, utility, and clarity of the information to be collected. Minimize the reporting burden on those who are to respond, Abstract of proposed collection: Form DS-156K is used by consular officers to determine the eligibility of an alien applicant for a non- immigrant fiancee visa. Methodology: The DS-156K is submitted to consular posts abroad.

In the past, the DS-156K might have also been utilized in a K3 Visa application pending before a US Consulate or US Embassy. However, the National Visa Center announced this year that many of the K3 visa applications will be “administratively closed” in cases where the underlying I-130 petition (used for spouse visas such as the CR1 Visa and the IR1 Visa) arrives at NVC simultaneously or prior to the arrival of the I-129f petition for a K3 visa.

In the context of the K1 visa, this request for comments would appear to be an attempt by the State Department to assess the utility of the DS-156K in an effort to streamline the processing of future K visa applications. How the comments will ultimately be used remains to be seen, but any attempt to make the visa process more efficient should be greeted positively by this author as the visa process can sometimes prove to be confusing and cumbersome those American Citizens wishing to bring a loved one to the United States.

For further information please see: K1 Visa Thailand or K3 Visa Thailand.

Tags: American Visa Asia, American Visa Thailand, CR1 Visa, DS-156K, Fiance Visa Thailand, IR1 Visa, K1 Fiance Visa, K1 Visa, K1 Visa Cambodia, K1 Visa China, K1 visa India, K1 Visa Indonesia, K1 Visa Laos, K1 Visa Malaysia, K1 Visa Singapore, K1 Visa Taiwan, K1 Visa Thailand, K1 Visa Vietnam, K3 Visa Thailand, National Visa Center, US Consulate, US Embassy, US Fiance Visa
Posted in American Institute Taiwan, Comprehensive Immigration Reform, CR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 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 Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, 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 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 and Immigration, US Visa Thailand | No Comments »

As can be gathered from previous posts on this blog, we often post the holiday closing schedules for US Embassies and Consulates in Asia. It is hoped that this practice will provide necessary information to readers and possibly prevent unnecessary trips to a US Consulate or US Embassy due to Post closure. The following schedule is quoted from the official website of the American Institute in Taiwan:

January 2010

• Friday, January 1: New Year’s Day (U.S. & Local Holiday)
• Monday, January 4: Consular Section In-Service Day (AIT/Taipei)
• Monday, January 18: Birthday of Martin Luther King, Jr. (U.S. Holiday)

February 2010

• Monday, February 1: Consular Section In-Service Day (AIT/Taipei)
• Saturday, February 13 to Friday, February 19: Chinese Lunar New Year Holidays (Local)
• Monday, February 15: Washington’s Birthday (U.S. Holiday)
• Sunday, February 28: Peace Memorial Day (Local)

March 2010

• Monday, March 1: Consular Section In-Service Day (AIT/Taipei)

April 2010

• Thursday, April 1: Consular Section In-Service Day (AIT/Taipei)
• Monday, April 5: Tomb Sweeping Day (Local)

May 2010

• Monday, May 31: Memorial Day (U.S. Holiday)

June 2010

• Wednesday, June 16: Dragon Boat Festival (Local)

July 2010

• Monday, July 5: Independence Day (U.S. Holiday)

September 2010

• Wednesday, September 1: Consular Section In-Service Day (AIT/Taipei)
• Monday, September 6: Labor Day (U.S. Holiday)
• Wednesday, September 22: Mid-Autumn Festival (Local)

October 2010

• Friday, October 1: Consular Section In-Service Day (AIT/Taipei)
• Sunday, October 10: National Holiday (Local)
• Monday, October 11: Columbus Day (U.S. Holiday)

November 2010

• Monday, November 1: Consular Section In-Service Day (AIT/Taipei)
• Thursday, November 11: Veterans Day (U.S. Holiday)
• Thursday, November 25: Thanksgiving Day (U.S. Holiday)

December 2010

• Wednesday, December 1: Consular Section In-Service Day (AIT/Taipei)
• Friday, December 24: Christmas Day-observed  (U.S. Holiday)
• Friday, December 31: New Year’s Day- observed (U.S. Holiday)

Unlike other nations, Taiwan is not the host to a US Embassy or US Consulate-General as the American position regarding Taiwan’s status is ambiguous. That said, the American Institute can provide many of the same services that are provided to Americans Citizens and foreign nationals abroad. For instance, as is the case with many Posts around the world, the American Institute in Taiwan has an American Citizen Services Section for assistance with things such as Consular Reports of Birth Abroad, visa pages, passports, etc.

The Post also has a visa section and applications may be submitted for non-immigrant visa categories such as the B1 visa, F1 visa, J1 visa, and the B2 visa. Furthermore, those seeking an Immigrant visa such as a CR1 Visa or an IR1 visa may apply for such documents at the Immigrant Visa Unit. Those seeking K visas such as the K1 visa and the K3 Visa may seek such travel documents at the Immigrant Visa Unit as well.

Tags: B1 Visa Taiwan, B2 Visa Taiwan, Fiance Visa Taiwan, K1 Visa Taiwan, K3 Visa Taiwan, US Consulate Taiwan, US Embassy Taiwan, US Visa Taiwan
Posted in American Institute Taiwan | No Comments »