Integrity Legal

As the Obama Administration continues to put together a cogent piece of Comprehensive Immigration Reform legislation, immigrant communities in the United States of America are becoming more politically active in an effort to make their views regarding the Immigration situation known.

One immigrant group of particular interest is that of first and second generation Asian-Americans. The blog Immigration Impact recently discussed the political clout that these Asian groups are beginning to harness:

“According to the Asian American Justice Center, there are currently more than 15 million Asian Americans residing in the United States—the majority of whom are foreign born and thus have firsthand knowledge of our woefully outdated immigration system. Countless Asians are caught in the family immigration backlogs and remain separated from close family members, and there are more than 1 million undocumented Asians in the U.S. today. Because the broken immigration system affects them in such a personal way, many in the Asian American community are banding together this week to attend town hall meetings with members of Congress, hold press conferences and petition lawmakers to fix our currently broken immigration system that restricts due process rights, breaks up families, and ultimately hurts the economy.”

The United States Embassy in Thailand processes a large number of US visa cases each year. Among the many US family based petitions are those for the K1 visa and Immigrant visas based upon an I-130 application and these are probably the most popular American visa categories.  The people entering on these types of visas eventually take up Permanent Residence either through adjustment of status or upon entry as an intending immigrant. Once stateside, many of these Thai immigrants in the United States eventually go on the naturalize as United States Citizens. These immigrants and their children have something of a unique opinion regarding immigration reform and as such it is most likely a net positive if they enter the public discourse on this important issue.

As Citizens or Lawful Permanent Residents of the United States, Asian American Immigrants probably account for a disproportionately large number of family based petitions in lower preference categories. A result of this situation is the fact that many of these families remain apart for long periods of time due to the quotas set on the various immigrant visa categories and the large caseload being processed by the United States Citizenship and Immigration Service (USCIS). Hopefully, Comprehensive Immigration Reform will untie the Gordian Knot of US Immigration for these separated families while at the same time assuring that America is safe and secure.

Tags: American Visa Thailand, CIR, Comprehensive Immigration Reform, K1 Visa Thailand, US Immigration, US Visa Thailand, USCIS
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, Legal Opinion, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

Each year the United States Embassy in Bangkok, Thailand processes numerous applications for visas to the United States. In recent years, their caseload has become increasingly large particularly since tourist visa applicants and applicants for other non-immigrant visa categories (student, exchange visitor, etc.) have required interviews at the consular post. With this in mind, the Embassy also must conduct due diligence to ensure that those applying for visas are presenting a bona fide application.

In some cases, applicants attempt to defraud the United States consular officers by presenting a knowingly false application or attempting to acquire immigration benefits based upon a relationship that is not bona fide. Due to increasing demand for access to the United States, there has been an increasing number of instances where fraudulent applications are submitted. In an effort to curtail fraudulent applications, the United States Embassy has a division called the Fraud Prevention Unit.

The Fraud Prevention Unit’s mission is best described using the following excerpt from the website of the United States Embassy in the Dominican Republic:

“Welcome to the Fraud Prevention Unit of the U.S. Embassy in Santo Domingo.  Our principal mission is to safeguard U.S. borders by detecting and stopping fraud in applications for U.S. passports, Consular Reports of Birth Abroad, immigrant visas and nonimmigrant visas.  We accomplish this critical goal by training Consular Section staff on fraud detection, maintaining close cooperation with U.S. and Dominican law enforcement agencies and deploying our staff of highly trained investigators to conduct interviews and investigations.”

The US Embassy Bangkok also has a Fraud Prevention Unit with a similar, if not identical mandate. The Unit screens applications and applicants for red flags which could denote fraudulent activity. For instance, if an application for a K1 visa does not have a great deal of evidence that shows a bona fide relationship between the petitioner and beneficiary, then the case might be forwarded to the Fraud Prevention Unit for review. Most applications will never be placed under the scrutiny of the Fraud Prevention Unit, and the staff of the United States Embassy in Bangkok is very cooperative with regard to visa applications, but fraud prevention is a legitimate reason to scrutinize applications where the underlying bona fides are questionable.

For couples in a truly bona fide relationship, it is important to produce adequate documentation to show that the relationship is real and the parties are serious about their intentions. Further, lying to the officials at the Embassy or intentionally misrepresenting oneself before the Embassy is a good way of increasing the odds that the Fraud Prevention Unit will be looking over your visa petition and therefore it is not only ethically correct to tell the truth, but a better strategy for achieving one’s immigration goals.

Tags: FPU, Fraud Prevention Unit, Immigration Lawyer Thailand, K1 Visa Thailand, us embassy bangkok, us embassy thailand, US Immigration Thailand, US Visa Thailand, Visa Lawyer Thailand
Posted in F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

The United States Visa process can be a time consuming proposition. In Thailand, we see many couples seeking fiance visas as well as marriage visas and for both types of visa the phase of the process which takes up the most time seems to be the approval process from the United States Citizenship and Immigration Service (USCIS). In previous blogposts we have discussed the K1 visa process and the K3 visa process. After submitting a K3 or K1 visa application, the couple must wait for USCIS approval before the visa interview at the US Embassy in Bangkok.

The California and Vermont Service Centers of the United States Citizenship and Immigration Service (USCIS) have recently updated their timing estimates for US family based petitions submitted by Americans seeking Immigration benefits for their Thai loved ones. Of note, is the fact that the estimates for K1 fiance visas seems to have dropped by approximately thirty days.

As a courtesy to all bi-national couples seeking information regarding USCIS approval times we try to post accurate estimates reflecting the current processing times for family based petitions. Below are the most up to date estimates taken from the USCIS website.

California Service Center Processing Dates as of 06/30/2009

Vermont Service Center Processing Dates as of 06/30/2009

Tags: K1 visa application, K1 Visa Thailand, K1 visa Timeline, K3 Visa Process, US Visa Thailand, USCIS, USCIS Approval Time
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, us embassy bangkok, US Visa and Immigration, US Visa Thailand, USCIS | 2 Comments »

Many people get married in Thailand each year. As a result, one of the most common questions received from clients and potential clients involves foreign recognition of a Thai marriage.  Thailand is not a common law system and therefore, the idea of common law marriage is not a concept upheld by courts in the Kingdom of Thailand. That being said, even though Thailand is a civil law system “customary or religious” marriages are still quite commonplace. This is probably due to the fact that marriage registration can be somewhat difficult, particularly for those who have never dealt with the Thai legal system and bureaucracy in the past.

In Thailand, marriages are registered at the local Amphur office. This office is kind of a combination of continual census taker and what in the American system is called a “court clerk.” The Amphur keeps records of the vital statistics of those living within that office’s jurisdiction. Therefore, the Amphur will record name changes, marriages, births, and deaths in Thailand. It is possible for two non-Thais to marry in Thailand. That being said, each office has their own internal protocol. Therefore, it may be wise to contact an attorney in order to assist with the Thai marriage registration process.

Once a Thai marriage is registered the question is: will the United States of America recognize the union. Put simply, yes. According to the website of the US Embassy Thailand, in cases involving marriages legalized in the Kingdom, “the United States does recognize the validity of such a marriage.” This is a critical question particularly in the context of USA visas. If a couple’s marriage is not recognized by the United States, then a visa application for a CR1 visa or a K3 marriage visa would likely be rejected because the couple does not meet the marriage requirement for visa issuance. Also, a couple who wishes to apply for a k1 fiance visa may create a situation where the application gets rejected because the couple got married in Thailand thinking it would not be recognized in the USA.  In that scenario, USCIS would be compelled to reject the application because the requirement is “intent to marry,” and not actual marriage.

One interesting side note regarding Thai marriage registration deals with prenuptial agreements. In Thailand, the prenuptial agreement is actually registered with the marriage and in a way is incorporated into the marital agreement at the time of registration at the Amphur. For more on this issue please see Thai prenuptial agreement

To sum up, marriages properly executed in Thailand will be viewed as valid in the United States and for purposes of obtaining a US visa or other Immigration benefits. Therefore, marriage in Thailand is not something that should be taken lightly. When thinking of entering into a marriage in Thailand keep in mind that the marriage will be treated just the same as if it had been conducted in the United States.

Tags: K1 Visa Thailand, K3 Visa Thailand, marriage in Thailand, Register a Thai marriage, Thai Marriage, Thailand Marriage Registration, US Visa Thailand
Posted in General Legal Information, K-3 Visa Thailand, K1 Visa Thailand, Thai Family Law, Thailand Marriage Registration, US Visa Thailand | 23 Comments »

On August 6, 2009 the American Immigration Lawyers Association is reporting that two people in New York City have been arrested as a result of a fraud investigation targeted at a fraud ring headed by TONG HUI YOU (a/ka KEVIN YOU), 50, and XIAO LING CHEN (a/k/a LINDA CHEN), 36. According to the indictment these two were actively holding themselves out to the public as attorneys even though they had not been licensed as such. Further, the indictment alleges that these defendants were involved in a scheme to defraud by promising immigration benefits that they could not deliver.

Apparently, these two would bring victims to their office and, as AILA’s website reports,

“Once inside, the victim met YOU, who stated in substance that he was a lawyer specializing in express immigration. CHEN also told the victim that YOU was a lawyer. YOU represented to the victim that he had special connections in the U.S. immigration agency and in the U.S. Embassy in China. YOU guaranteed that the victim’s petitions for his family members in China would be approved within six months and that his family members in the U.S. would get green cards through a particular program even though they had not applied and did not qualify.” [Emphasis Added]

I placed sections of the above quote in bold and italics in order to underscore some important points. First, this type of scam is far too prevalent in Thailand. Many so called “lawyers,” “attorneys,” and “visa consultants,” cause all kind of problems for victims in Thailand. As if falsely claiming to be an attorney were not enough, these firms also promise many immigration benefits that the applicant is either ineligible to receive or would be improper to obtain based upon the victim’s situation. Another common claim is the “100% Guarantee.”

A variation on this scenario that is often played out in Thailand also involves the “visa company” creating false documentation in order to cover up facts that could be negatively construed. It is never wise to provide documents that attempt to cover up a fact material to the visa application. This authors has personally seen instances where doing so has lead to findings of inadmissibility that would otherwise have not arisen had it not been for the fact that the “visa agent” encouraged the couple to lie on an application.

The actions taken by the authorities in New York are commendable, but more needs to be done in order to eradicate the “visa agent” phenomenon which has become extremely prevalent in Thailand and on the internet. For those who have been adversely affected by an unscrupulous operator purporting to be an attorney or otherwise claiming to be able to assist with US Immigration matters, please see this link which provides information about where to go to complain about an “Immigration Consultant.”

For information on Getting a USA Visa from Thailand please see:

K1 Visa Thailand or K3 visa Thailand

Tags: AILA, American Visa Thailand, immigration consultant, K1 Visa Thailand, scams, US Immigration, US Visa Thailand, visa agent
Posted in F1 Visa Thailand, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

As my Thai has begun to improve (slightly) I am beginning to see more and more layers of the tapestry that is Thai society. That being said, I did not expect to see something on the internet that would stop me in my tracks as much as the website www.usvisa4thai.com. This site is dedicated to assisting native Thai speakers with the United States Immigration process. It is setup as something of a forum and luckily for me the handy dandy Google translator has helped me navigate the site.

The author thinks this is a great idea because one of the major difficulties in dealing with US Immigration law and US visa obtainment in Thailand is the fact that often explaining the situation can be difficult. Some concepts in US Immigration law are difficult to grasp for a seasoned immigration attorney, let alone someone who does not speak English as their first language. In Thailand, explaining a concept that is as complicated as re-establishing domicile can be a very difficult task. This is where Thai paralegal staff comes in, but for those who opt not to retain an attorney I must imagine that understanding many US Immigration concepts is very difficult. Hopefully, USVISA4THAI will be used as a medium to clarify confusing issues.

Before learning of USVISA4THAI, we on this website made the decision to use our web presence in order to provide useful information. In that vein, we put up our own version of “us visa 4 thai,” by providing our United States visa information in both the Thai and English languages. Although certainly not as interactive as usvisa4thai, hopefully this information will be helpful to those who wish to immigrate to the United States of America.

An issue related to USVISA4Thai deals with issues involving the K1 visa interview at the US Embassy in Bangkok.  Many men in Thailand pose the question: “What if my Thai fiancee’s English is not that good?” Many people are worried about their Thai loved one’s ability with the spoken Thai language and whether that will adversely affect a K1 fiance visa application. In many cases a fiance visa application will not be detrimentally effected by a fiancee’s less than perfect grasp of the Thai language. A common misconception is based upon the idea that there is an English language requirement for a K1 visa. There is not an English language requirement per se. However, a bona fide relationship is a requirement of a K1 vsa applicant. Having an ability to speak with a loved one is strongly indicative of a bona fide relationship. Conversely, a lack of shared language could have a  detrimental impact upon a couple’s ability to obtain a K1 visa. Please note, that although we are talking about shared language, that language does not need to be English. It can be any language that the couple shares. Therefore if an American only speaks English and the Thai only speaks Thai, there may be problems showing a bona fide relationship because a lack of communication is a primary indicator of lack of bona fides in a relationship.

(This is not legal advice. No attorney-client relationship should be construed to exist between author and reader.)

Tags: American Visa Thailand, K1 visa application, k1 visa interview, K1 Visa Thailand, US Immigration, US visa 4 Thai, US Visa Thailand
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Although it is not an issue which most people wish to think about, the fact remains that each year many people are denied United States Immigration benefits. From Thailand, it is not entirely uncommon to see Thai nationals with improper documentation being turned away at the US port of entry. In many cases, those trying to enter the USA are given the opportunity to exercise the option to voluntarily depart the United States.

The legal act of Voluntary departure allows an alien, who could otherwise be deported or removed, to leave the United States of America at their own cost within a specified period of time and thereby avert an order of deportation or removal.  That being said, in certain cases voluntary departure is not a viable legal option.

Voluntarily departing the United States of America is more desirable from an Immigration standpoint when compared to being forced to leave the USA pursuant to an order of deportation.  Should an immigrant (or non-immigrant) be subjected to an order of removal (deportation) he or she might be precluded from coming back the United States of America for as long as a decade and could be subject to criminal and civil sanctions if he or she reenters without first obtaining appropriate legal authorization.  Should the immigrant depart the United States voluntarily within the time frame ordered by the judge or offered by the Immigration officer, then he or she will not be estopped from legally reentry to the United states at some point in the future. It should be noted that a person who has a removal order on his or her record is not allowed to apply for removal cancellation, adjustment of status and/or any other United States immigration benefits for certain statutorily prescribed periods.

Cases involving voluntary departure often arise when a Thai is using an improper visa to try to enter the US. This is especially common for those who try to use a US tourist visa, but have obvious immigrant intent. For instance, Thai women who are going to the the United States on a US tourist visa to visit their fiancee could be turned away because the Immigration officer feels they should obtain a K1 visa for such a purpose.  Technically, Customs and Border Patrol (CBP) have the authority to put the prospective entrant through expedited deportation, but in some cases they will simply allow the visa holder to depart of their own volition.

In order to forestall the need for voluntary departure, to avoid the possibility of expedited deportation, and simply to be ethical, it is never wise to dishonestly apply for a US tourist visa, student visa, US business visa, or Exchange visitor visa when the applicant intends to travel to the USA for the purposes of marriage and adjustment of status.

(This is not to be used as competent advice on the law. No attorney-client relationship should be inferred from reading this piece.)

Tags: American Visa Thailand, Fiancee Visa, Immigration rules, K1 Visa, K1 Visa Thailand, US Tourist Visa, US Visa, US Visa Thailand
Posted in F1 Visa Thailand, J1 Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

The United States Citizenship and Immigration Service is preparing the unveiling of a newly designed webpage to replace the one currently found at www.USCIS.gov. United States President Barack Obama was quoted as saying

“In the next 90 days, USCIS will launch a vastly improved Web site that will, for the first time ever, allow applicants to get updates on their status of their applications via e-mail and text message and online.”

Apparently the new site will allow for case status updates to be sent to a person’s cell phone which would truly provide up-to-the-minute information. According to the American Immigration Lawyer’s Association website this revamp of the USCIS website is the result of culling information from in-depth focus groups tasked with reviewing the current USCIS website. Those participating in the focus groups spanned the spectrum from those with national and local cases pending to those visiting the United States.

At present, the United States Citizenship and Immigration Service website provides many features for those with cases pending and for those seeking information regarding Immigration to the United States. USCIS also offers e-filing of Immigration petitions for certain categories. At the current time, USCIS does not allow e-filing for most US Family Visa cases. Therefore, one cannot file for a K-1 visa, K-3 Visa, or CR-1 visa through the internet. The reason for the restriction of family visa submissions is likely due to the fact that many United States Family based petitions require proof of an existing bona fide relationship. Therefore, the documentation proving the bona fides of a relationship can be quite extensive and cannot easily be filed online.

It should always be borne in mind that USCIS is generally only phase one of the K1 visa process or the K3 visa process from Thailand. After USCIS adjudicates a petition they will send it on to the National Visa Center (NVC), NVC will determine which diplomatic post has jurisdiction over adjudicating the application (The US Embassy Thailand has jurisdiction over cases involving Thai nationals). The diplomatic post will conduct an visa interview and decide whether to approve the petition.

Of all the phases of the US Immigration process, generally the USCIS adjudication phase takes the longest because there is often a backlog of pending cases built up at the Service Center or lock box. Therefore, any improvements that USCIS can make in order to facilitate faster visa processing is always welcome.

(This is not legal advice. No Client-Lawyer relationship is formed from reading this posting.)

Tags: American Visa Thailand, K-1 Visa Process, K1 Visa Thailand, K3 Visa Thailand, US Immigration Process, US Visa Process, US Visa Thailand, USCIS
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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
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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 »