Integrity Legal

The whole point of obtaining a K1 visa is to allow the Thai fiancee a 90 day visit after traveling to the United States in order to ultimately get married. Should the couple opt not to marry, then the Thai fiancee will need to depart the country before the 90 day visa validity expires.

For those couples applying for an Immigrant Spouse Visa (CR-1 or IR-1) or a K-3 Visa, the marriage should already have taken place as the legal marriage acts as the foundation upon which the visa application is based.

That being stated, unlike Thailand, where marriage registration is a uniform process that essentially involves a trip to the local Amphur office for execution, in America the marriage procedures differ depending upon the state. Also, some states require the couple obtain a marriage license and wait a statutorily prescribed period before marriage. For the convenience of those reading this blog, here is a state by state list of rules regarding US marriage.

One should bear in mind that upon marriage in the USA, the US Citizen should petition for adjustment of status for his new Thai wife.

For more about the above chart please click here

Please be advised that the above is an improper substitute for personal one-to-one legal advice from an attorney. No attorney client relationship is formed between the reader and the author.

Tags: American Visa Thailand, K-1 Visa, K1 Visa, K1 Visa Thailand, K3 Visa Thailand, Marriage, Marriage Registration, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, Thailand Marriage Registration, US Visa and Immigration | No Comments »

For many Americans the Tourist visa is the travel document that comes to mind when discussing US Immigration. For Immigration based upon a family relationship the Tourist Visa is the worst option when an American Citizen spouse or Fiance is seeking to bring the foreign fiancee or spouse to the USA in order to remain.

One of the main reasons why the tourist visa is not an option that should be contemplated when making family immigration decisions stems from the fact that the purpose of the US tourist visa is misunderstood and the visa itself has been greatly misused in the past. A US Visitor Visa is intended for short term recreational purposes only. Similarly the US business visa is meant for short term business endeavors in the USA (conferences, trade shows, etc.) Neither are designed for use by those who seek to have their loved one remain in the USA permanently.

Consular officers making a judgment call on a US visitor visa must be convinced that the applicant has overcome the statutory presumption of immigrant intent. This doctrine stipulates that the applicant for a tourist visa is a presumed immigrant until they can demonstrate that they are strongly connected to a place outside of the USA. So connected, in fact, that they are more likely to leave the United States in order to return to that location than they would be to remain in the United States past their visa expiration.

A major misconception regarding practically any visa is the idea that it confers a “right” to enter the United States of America. In reality, the visa confers a right to present themselves at the border and upon inspection and approval from the Immigration officer, be admitted to the United States. Even at a United States port of entry, it is possible for the traveler to be turned away if the Immigration officer feels it is necessary. As a practical matter, this rarely occurs due to the fact that most entrants to the USA have a legitimate reason for entry.

Since September 11, 2001 US Immigration officials have been more zealous in their enforcement of US Immigration rules and regulations and as a result the scrutiny placed upon entrants to the US, whether they intend to immigrate or not, has increased.

Due to the fact that the US tourist visa is intended for non-immigrant purposes and the fact that scrutiny of non-immigrants to the US has increased. It is now highly advisable that those wishing to bring a loved one to the USA use the proper travel document. For those seeking to bring a loved one that they are not married to, a K-1 visa may be an appropriate option. While those with an overseas wife might opt for the K-3 visa, CR-1 Visa, or IR-1 Visa depending upon the couple’s circumstances and immigration goals.

Be advised that entering the USA on a visitor visa with anything other than NON-immigrant intent, could be viewed as an attempt to defraud immigration officials and lead to criminal or civil penalties as well as a possible later finding of inadmissibility. If deemed inadmissible, one can only be admitted to the USA after application for a waiver.

(Please note: this post is not a substitute for legal advice. For proper legal advice seek the counsel of a licensed attorney. No part of this piece should be construed as forming an Attorney-client relationship between author and reader.)

Tags: 214 b, American Visa Thailand, B-2 Visa, B2 Visa Thailand, Inadmissibility, K-1 Visa, K1 Visa Thailand, US Tourist Visa Thailand, US Visa Thailand, US Visitor Visa Thailand, Waiver
Posted in K-3 Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

Adjustment of status is necessary after a beneficiary enters the USA and marries the K-1 visa petitioner. Adjustment of Status requires the filing of an I-485 application.

The Difference between “Adjustment of Status” and “Change of Status”

Many people going through the travails of Immigration procedure confuse “adjustment of status,” with “change of status.” In common vernacular the terms are similar, if not synonymous. However, in the context of US Immigration they have different meanings entirely.  If an alien adjusts status, this means that the alien changes from a non-immigrant visa category to an Immigrant visa category and is therefore accorded Lawful Permanent Residence (a Green Card). If a person present in the USA “changes status,” this means that they convert from one non-immigrant visa category to another.

K-1 Visas and Adjustment

As a hybrid visa, the K-1 allows an alien to enter the USA with the intent to marry an American and obtain a
Green Card. While the Green Card application is pending, the alien spouse is permitted to stay stateside. In fact, the alien spouse should not subsequently depart the US without first getting an advance parole travel document. Failure to obtain advance parole will very likely result in a K-1 visa conferee’s petition being canceled.

Provided the alien fiancee remains in status in the United States and the Adjustment of Status is approved, then lawful permanent residence will be conferred. This permanent residence will be conditional for 2 years. 3 months prior to the 2nd anniversary of adjustment, the couple should file for an I-751 removal of conditions of residence in the United States. After the removal of conditions occurs the alien will able to remain a resident unconditionally.

Appeals of Negative Adjustment of Status Decisions

In a situation where the adjustment of status from K-1 to Lawful Permanent Residence has not been approved, the decision can be appealed. Also appeals can be made pursuant to Section 586 of Public Law 106-429 if the appellant meets the requirements set forth in the rules.  Any appeal of an adverse adjustment ruling should be submitted to the Administrative Appeals Unit (AAU) for review. As a general rule, the applicant who has been denied adjustment must appeal within Thirty-Three days of the Immigration Judge’s ruling. Upon receipt of the appeal application and remittance of processing fee the appeal is forwarded to the Board of Immigration Appeals in the US Capital for review and adjudication.

(It should be noted that an appeal should not be confused with a waiver. In cases where a legal ground of inadmissibility is found to exist, the consular officer’s decision is not subject to appeal, but instead a waiver may be obtained.)

Nothing Contained herein should be viewed  as a substitute for legal advice from a licensed professional. Obligations inherent to an attorney-client relationship are not to be assumed to arise simply from reading this post due to the fact that no such relationship exists between the author and reader.

Tags: Adjustment of Status, American Visa, change of status, Fiancee Visa, Immigration appeal, Inadmissibility, K-1 Visa, K1 Visa Thailand, US Immigration, Waiver, waiver of inadmissibility
Posted in Adjustment of Status, K1 Visa Thailand | No Comments »

What is the Process for Obtaining a K-1 Fiancee Visa?

The K-1 visa process is a time consuming and complex endeavor. Many arm-chair attorneys believe that they understand the K-1 process based upon second hand or incorrect information. Further complicating the research process are so-called visa agents and Immigration consulting firms providing misleading information. In Thailand, there are some “US Immigration Lawyers” who are not licensed to practice law in any US jurisdiction and therefore cannot practice US Immigration law. Without all of this “background noise” of bad information, what are the facts about the K-1 Visa Process?

The K-1 Visa Process: The Visa Application

The K-1 Visa Application is one of the most critical components of the K-1 visa process. Currently, the I-129f application is used by those who wish to petition for K-1 benefits for a foreign fiancee. The I-129f petition seems uncomplicated at first blush, but legislation passed within the last decade has made K-1 visa application questions more detailed and created restrictions regarding who can submit an application for a K-1 visa.

After the application is completed, it must then be submitted to the United States Citizenship and Immigration Service (USCIS) center with proper jurisdiction. USCIS Service Center jurisdiction is based upon the location of the US Citizen’s primary residence in the United States.

K-1 Visa Process: Submission of the K-1 Visa Application to the USCIS Service Center

After the US Citizen sends the K-1 Visa application to the USCIS service center, the wait begins. Due to the heavy caseload of both service centers, it can take some time before the K-1 application is adjudicated. Currently, both USCIS service centers state that it will take approximately 6 months to adjudicate the K-1 visa application. However, is has been the experience of the writer that this is a conservative estimate and the K-1 application is usually adjudicated in a shorter time period. An issue that can arise and slow down a K-1 visa application is a Request For Evidence (RFE). An RFE is sent from USCIS to the US Citizen if there is a deficiency of documentation in the K1 application. This is where retaining the services of a US Visa Lawyer could be a benefit because the lawyer could assist in forestalling an RFE.

K-1 Visa Application Approval at USCIS and Forwarding to the National Visa Center

Once USCIS approves a K-1 visa application, they will send the visa application to an office within the American State Department called the National Visa Center (NVC). The NVC will ascertain where the Fiancee beneficiary of the visa application will be conducting her interview. Once it is determined where the Fiancee will conduct her K-1 visa interview, the NVC will forward the application to that Embassy or Consulate.

K-1 Visa Process: Packet 3 and the K-1 Visa Interview

After the NVC has forwarded the K-1 application to the Embassy the embassy will send out packet 3, which explains the documentation that must be submitted prior to the K-1 visa interview. Having an attorney on the scene to assist with consular processing can be a major advantage to the Non-Citizen fiancee especially where the fiancee’s mother tongue is not English. After Packet 3 is submitted and the Interview is scheduled, the Fiancee will go to the Embassy and have her interview.

K-1 Visa Process: K-1 Visa Interview and 221g Refusals

One common delay in the K-1 visa process is caused by a 221 g denial. A 221 g visa denial occurs when the consular officer conducting the K-1 visa interview determines that the applicant has provided insufficient documentation and will need to retrieve the necessary documentation before a visa will be issued. An American Immigration attorney in the fiancee’s home country can be indispensable at the K-1 interview phase because they can attempt to forestall 221 g denials by using their knowledge of the law and experience in order to prepare all of the necessary documentation in advance. Further, if a 221 g should arise, the attorney is in a position to advise how best to deal with the deficiency.

K-1 Visa Process: K1 Visa Denial based upon a Legal Ground of Inadmissibility

In cases where the K-1 beneficiary is deemed legally inadmissible to the US, the K-1 visa application will be denied. In many cases, the Inadmissibility can be waived by filing an I-601 waiver application. retaining an Immigration attorney at the beginning of the process can enable all parties to form an effective strategy regarding a finding of inadmissibility. If an attorney believes that a ground of inadmissibility exists, then he can prepare the application for a waiver before the visa is ultimately denied and file the waiver application contemporaneously or shortly following denial.  Luckily for those reading this, most foreign beneficiaries are not inadmissible, but it may be wise to contact an attorney in order to understand all facets of the K-1 Visa Process.

(Nothing in this article should be used for purposes other than education and research. Further, no part of this post is a satifactory alternative to competenet personal legal advice from a licensed attorney. This article does not create an attorney-client relationship between author and reader.)

Tags: K-1 Visa Process, K1 Visa Information, K1 Visa Lawyer, K1 Visa Thailand, US Immigration Information, us visa lawyer, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, US Visa Thailand | 1 Comment »

Consular Processing: Visa Interview Preparation for a Thai Fiancee or Wife

One unique aspect of practicing United States Immigration law abroad is the ability to assist a foreign loved one with the US Embassy in Bangkok. Currently, the US Embassy’s policy states that no one other than the Thai applicant may be present for the visa interview at the Embassy on the day of the interview (this included the US Citizen spouse or Fiancee). Due to the fact that the foreign loved one will go through the interview process alone, the services of an immigration attorney can be very beneficial in preparing the foreign fiancee or spouse for the interview and giving the fiancee or spouse prior notification of Embassy procedure and what to expect. Depending on the category of US visa (K-1, K-3, or CR-1) different thresholds of proof will be required with regard to the bona fides of the relationship.

Interview preparation can be vital in facilitating a successful outcome at the United States Embassy, particularly in situations where the Thai fiancee or spouse has difficulty communicating in the English language or becomes easily nervous when dealing with government officials. That being said, many of a Thai fiancee’s fears regarding the Embassy can be laid to rest by a competent lawyer who can explain the situation and dispel any rumors or myths that a fiancee or wife has heard.

Assistance with 221 g Responses

Embassy officials are hard working individuals and at the Consular Service Section they process a large number of cases each year. Therefore, in the interests of speed and efficiency where there is a deficiency of documentation the consular officer will likely issue a 221 g denial. In many cases, fiancees or wives believe this to be a denial of the visa application and that the denial is final. In point of fact: 221g’s are denials, but they are denials pending further documentation. Therefore, if an applicant can cure the deficiency, then the visa will likely be issued. This is where retaining an attorney can be of great use. Currently, the US Embassy in Bangkok gives licensed American attorneys the privilege of presenting 221 (g) documentation on behalf of a visa applicant (the Embassy will not deal with visa agents or unlicensed so-called “lawyers”). This can be of great advantage particularly to the fiancee or spouse who does not live in Bangkok. By using an immigration attorney, it is generally unnecessary for the fiancee or spouse to return to Bangkok after the initial interview (this is not always the case, because consular officers can request that applicants return for a follow-up interview, as a practical matter, this rarely, if ever, happens).

Inadmissibility and Waiver

In cases where there exists a legal ground of inadmissibility, retaining an attorney is highly advisable particularly at the pre-interview phase. The reason for this is the fact that an attorney can prepare the waiver application in anticipation of the denial on a ground of inadmissibility. An I-601 application could be filed at virtually the same moment of denial. This would save time because the attorney is on the ground in real time and could interact with both the Embassy and the USCIS district office.

For more information, please see: US visa Thailand

(Nothing contained herein is an adequate substitute for a personal legal consultation. No Attorney-Client Relationship should be deemed to exist between author and reader.)

Tags: American Embassy Bangkok, American Visa Thailand, Fiancee Visa Thailand, I-601 Waiver, K1 Visa Thailand, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

The Thai legal system is based upon a system known as civil law. Unlike common law countries, civil law countries generally do not recognize marriages that are not duly registered. In a common law jurisdiction that upholds the concept of “common law marriage,” a couple that holds themselves out to the public as married can be deemed to be married by operation of law. This is not the case in Thailand where even having a wedding ceremony, referring to one another as man and wife, and sharing tax liability will generally not be enough for any court to recognize the existence of a marriage.

This marriage recognition system can have an impact with regard to US Immigration because one’s marital status in the eyes of USCIS can determine what type of visa a couple can apply for. There are some situations in which USCIS will recognize a customary marriage when the couple has no ability to register a marriage in the appropriate jurisdiction, this issue can arise in refugee marriages. However, this is the exception and not the rule. In most cases, USCIS will make determinations based upon actual marital registration status.

Therefore, if a couple has conducted a customary wedding ceremony (religious or otherwise) and has yet to register the marriage at the Amphur office, then it is likely that USCIS will view the couple’s status as unmarried. However, it may be wise to retain attorney assistance in cases where marital registration is an issue, because failure to properly explain the couple’s marital situation could lead to a visa denial by USCIS based upon the decision that the couple does not meet the statutory requirements for the visa category.

From a strategic point of view, marriage registration can be beneficial or disadvantageous depending upon where the US petitioner resides because residence will determine which USCIS office has jurisdiction. In some cases being married will qualify the couple for an Immigrant Spouse visa that would have a comparatively quick processing time because the US Citizen petitioner qualifies for overseas filing. In other cases, being unmarried may be an advantage because a K1 visa can be obtained. Regardless, decisions pertaining to marriage should not be made solely or the purpose of acquiring US Immigration benefits. It is always wise for couples to make informed and thoughtful decisions after careful research and investigation.

Issues regarding a couple’s relationship status will likely become even more complex should Congress decide to pass the Uniting of American Families Act which would entitle Permanent Partners of US Citizens to Immigration benefits.

(Please take notice: this blog post should be used for informational purposes only and should not be used in place of competent legal advice from a licensed attorney. An Attorney-Client Relationship is NOT created between the author and reader of this piece.)

Tags: Fiancee Visa Thailand, K1 Visa Thailand, Thailand Marriage Registration, us embassy bangkok, us embassy thailand, US Immigration Thailand, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, US Visa Thailand | No Comments »

Certain provisions of the Immigration and Nationality Act promulgated in 1952 create differing means and methods for family immigration to the USA. Of particular interest are the provisions specifically designed to provide visas and travel documents for foreign loved ones of Americans.

Pursuant to prior US immigration statutes and rules, an American Citizen with an alien fiancee was required to marry the alien loved one outside of the United States and subsequently petition for an Immigrant visa in order to obtain immigration benefits for the alien spouse. As time went by the number of United States Citizens marrying foreign nationals grew. As a result, the immigration caseload increased.

Over the years, the United States Congress has made efforts to ease the administrative burden shouldered by agencies involved in US Immigration. Concurrently, Congress has also passed measures designed to provide  more immigration options to those United States Citizens who have alien loved ones.

The K1 Fiance visa is an example of Congressional intent to assist bi-national couples. One major problem with the pre-K1 immigration regulations: what does a couple do if they cannot get married in the foreign fiancee’s home country? Prior to passage of the legislation creating the K1 visa category many couples found themselves unable to immigrate to the USA together if the non-US Citizen’s home country would not legalize the marriage.

These types of situations can be seen even today. In Southeast Asia, there are many countries that make restrictions upon marriage to foreigners. Burma (also known as Myanmar) has enacted stringent rules regarding marriage to foreigners. At different points in Cambodia’s history, there have been instances of government attempts to keep Cambodians from marrying non-Cambodians. In situations such as this, a K1 visa can be a godsend for couples because it allows them to obtain a US visa without the requirement of formalized marriage. Once present in the USA on a K1 visa the foreign fiancee can marry the American Citizen and submit an application for adjustment of status. After the adjustment of status application is approved, the foreign fiancee is given permanent residence.

In Thailand, a country that makes no specific provisions barring foreign nationals from marrying Thais, the K1 visa is often sought because the processing time is quick in comparison to the K3 visa or the Immigrant US Marriage Visa. However, the K1 is not necessarily the fastest option because sometimes locally filing an immigrant visa petition is the fastest method of visa acquisition.

(No attorney-client relationship is created between the author and reader of this post. This post is written and distributed for educational purposes only and is not a substitute for legal advice.)

Tags: K1 Visa Burma, K1 Visa Cambodia, K1 Visa Myanmar, K1 Visa Thailand, US Visa Burma, US Visa Cambodia, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

Although it seems like a simple issue, discerning the difference between a fiancée and a wife for the purposes of US Immigration can be crucial, and oftentimes less than straightforward when looked at from the perspective of International law.

The reason for the unexpected ambiguity stems from the fact that different countries have different legal systems and as a result, there are different methods for legalizing marriages. The English common law is in place in the United States, as in many former British Colonies and current members of the British Commonwealth. As a result, in many of these countries the principle of “common law marriage,” has either been in previous existence under the law or is currently still good law. In either case, in common law countries, the concept of “common law marriage,” is a widely understood notion amongst laypeople.

In civil law countries, there is usually no history of judicial recognition of anything akin to a “common law marriage.” That being said, not all civil law countries deal with marital issues in the same way. There are instances where an otherwise “civil law” country will promulgate “common law,” legal mechanisms by statute (an example being where a civil law country adopts trust law via statute).

In countries that have no history of “common law marriage,” a marriage is only legalized upon compliance with whatever rules govern marriage formalization. For instance, in the Kingdom of Thailand a marriage is only legalized by registration at the local government office (known as an Amphur office in Thai). Failure to register a marriage results in a situation in which the couple may consider themselves married, but they are legally unwed. For more on this issue please see:  Marriage Registration Thailand

Deciding whether a couple is legally married is important from a US Immigration perspective because a couple’s marital situation can have a major impact upon their ability to obtain certain types of visas. Marital situation can also impact the processing time of a US visa. Therefore it is important to be clear on the couple’s marital situation upfront. In Thailand, for example, many couples engage in a ceremonial or customary wedding ceremony, but never formalize a marriage. Filing for a marriage visa rather than a fiancee visa can lead to a great deal of wasted time and resources because USCIS and the US Embassy are unlikely to grant the marriage visa because the couple is not legally married.

(Please be advised that all of the information contained in this writing is for educational use only and does not constitute legal advice. Legal advice should be obtained in a one-on-one consultation with a licensed attorney. No attorney client-relationship is formed between any reader of this piece and the author.)

Tags: Fiancee Visa Thailand, K1 Visa Thailand, Thai fiancee, Thai Wife, US Immigration Thailand, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, Legal Opinion, US Visa and Immigration, US Visa Thailand | 6 Comments »

An issue that many Thai-American couples grapple with is that of deciding whether or not to register a marriage in Thailand or wait and conduct a marriage in the United States. This is an issue that can have a major impact on a Thai-American couple’s US Immigration options because United States Citizenship and Immigration Services as well as the US Embassy in Thailand view a couple with a registered marriage differently than a couple without a registered marriage. Also, a US Citizen’s marital status vis-a-vis a Thai Fiancee or Thai wife will affect the processing time for the type of visa being sought, and not in a way that most people expect.

The Irony of K1 Visas from Thailand: Why being Unmarried may be Beneficial

A counter intuitive aspect of K1 visas is the fact that they are generally a faster visa and immigration option than a marriage visa. This is due to the fact that there seems to be a lower case backlog of K1 visas at USCIS when compared to CR-1 and IR-1 Visas.  Also, the fact that a K1 visa is a non-immigrant visa might lead to less scrutiny from both USCIS and the US Embassy because the visa does not confer permanent residence, conditional or otherwise. This is not to imply that either adjudicators at USCIS or consular officers at the US Embassy in Bangkok are not fully conducting due diligence, but instead there seems to be an inherently lower level of scrutiny for non-immigrant visas when compared to immigrant visas. This is also true when comparing the K1 visa to a US tourist visa because the applicant for that visa must overcome the 2statutory presumption of immigrant intent. Since a fiance visa is a “hybrid visa” there is no need to overcome the presumption of immigrant intent threshold in order to be granted the visa, as with other non-immigrant visas.

Marriage Visas from Thailand

Some people who have already married in Thailand ask if it is possible to register a Thai divorce and subsequently apply for a K1 visa. Although technically feasible, the discretionary power of adjudicators in both USCIS and the Embassy in Bangkok could result in a finding that the relationship is not bona fide because the couple is divorced only to enjoy the benefit of faster processing times of the K1 visa over the US Marriage visas. For those married and residing in Thailand it may be possible to apply for an immigrant visa at the local USCIS office in Bangkok, in this situation marriage registration may be a boon to the Thai-American couple.

Thanks for reading, for more information please see: Marriage Registration Thailand or US Visa Thailand

(Please note: this writing is intended for informational purposes only and should not be utilized as a substitute for legal advice from a Licensed US Immigration Lawyer. No attorney client relationship is created between the author and any reader of this piece.)

Tags: American Visa Thailand, CR-1 Visa Thailand, IR- Visa Thailand, K1 Visa Thailand, Marriage Registration Thailand, US Marriage Visa Thailand, US Tourist Visa Thailand, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa Thailand, Thailand Marriage Registration, US Visa and Immigration, US Visa Thailand | No Comments »

In Thailand there are many so-called “visa agents,” “Immigration Consultants,” and “Immigration Specialists,” who sound legitimate, but who are in fact unlicensed practitioners of law. Only an attorney licensed and in good standing in at least one of the 50 United States, territories, or possessions is entitled to practice United States Immigration law. Internal memos at USCIS have even delineated exactly what constitutes the “practice of law,” for US Immigration purposes. 

According to USCIS, even advising another person about which form should be used to file for a certain type of visa constitutes the practice of law. To advise another in this manner without being duly licensed by at least one US state to practice law would constitute the UNLICENSED, and therefore UNLAWFUL practice of law. 

In the United States there is a prevalence of so-called “notarios,” these are operators who prey upon unsuspecting immigrants in both the United States and Mexico. In Thailand, these people use names such as: visa consultant, visa agent, visa specialist, immigration consultant, immigration agent, immigration specialist, legal consultant, or simply legal advisor. A problem in Thailand is the fact that the government has no mechanism for regulating us visa lawyers in Thailand. This is especially confusing for the layman because only a licensed American attorney is authorized to represent a client before USCIS. Therefore utilizing a Thai attorney or Thai law firm to prepare an immigration petition is not proper procedure per USCIS regulations if the attorney filing the petition is not licensed in the USA. 

Even worse than mere visa agents, there are those who falsely claim to be attorenys from the United States. Again, the lack of foreign attorney registration in Thailand contributes to a proliferation of this type of character.

The real problem with these outfits and unscrupulous operators is the fact that often they have no real grasp of US Immigration Law. Immigration law is one of the most complex areas of American jurisprudence and because it is entirely statute driven it can change very quickly and for a non-lawyer who does not keep abreast of new legislation the ignorance can be damaging to a client’s case. 

In cases of great complexity (601 waivers, IMBRA issues regarding fiancee visas, forum issues for K3 visas, etc.) a visa agent or anyone else without a great deal of experience and education in immigration can detrimentally affect a prospective immigrant’s chances of entry into the USA, possibly for life.

There are certain non-profit organizations that are allowed to represent immigrants before USCIS. Generally these groups deal with refugees, but in certain instances they deal with other issues. That being said, the operative term is NON-PROFIT meaing that this type of representative generally will not charge a fee, and if they do, then the fee is usually nominal.

That being said, when contacting an attorney or anyone regarding American Immigration, always ask which state the attorney is licensed in and inquire about his or her bar number.  

For more please see:

US Immigration Lawyer Thailand

K1 Visa Thailand

K3 Visa Thailand

(The information in this piece is intended for educational and informational use only and should not be used in place of an attorney consultation. For legal advice please consult a licensed attorney in your jurisdiction. No attorney client relationship is formed between the reader and author of this post).

Tags: immigration agent, immigration consultant, immigration specialist, K1 Visa Thailand, legal consultant, US Visa Thailand, visa agency, visa agent, visa consultant, visa specialist
Posted in Fiance Visa Thailand, General Legal Information, K1 Visa Thailand, Miscellaneous, US Visa and Immigration, US Visa Thailand | No Comments »