Integrity Legal

Laypeople sometimes confuse the process of adjustment of status with the change of status process. This confusion is directly related to the subject of this post: change of status from US Tourist Visa status to US Student Visa status. Many are under the mistaken impression that it is legal to attend school in the USA on a tourist visa. This is not the case. In a recent announcement promulgated by the US Department of Homeland Security and distributed by the American Immigration Lawyers Association (AILA), the question was posed: “Is it permissible to enroll in school while in B-1/B-2 status?” The answer is quoted directly from the aforementioned announcement:

No, it is not. The regulations, at 8 CFR 214.2(b)(7), specifically prohibit study in the United States while in B-1 or B-2 status.

Before enrolling in classes, individuals who are in B-1 or B-2 status must first acquire F-1 (academic student) or M-1 (vocational student) status. Enrolling in classes while in B-1/B-2 status will result in a status violation. Individuals in B-1 or B-2 status, who have violated their nonimmigrant status by enrolling in classes, are not eligible to extend their B status or change to F-1 or M-1 status. Theseregulations provide no exceptions.

If you currently hold B-1 or B-2 nonimmigrant status and would like to enroll in classes, you may apply for a change of status to F-1 or M-1, as appropriate, if:

You have not yet enrolled in classes
Your current status has not expired
You have not engaged in unauthorized employment

To change your nonimmigrant status from B-1/B-2 to F-1 or M-1, you must file an Application to Extend/Change Nonimmigrant Status (Form I-539), and include the required fee and documents listed in the filing instructions.

Please Note:

If you enroll in classes before USCIS approves your Form I-539, you will be ineligible to change your nonimmigrant status from B to F or M. If you are applying to extend your B-1/B-2 stay and you have already enrolled in classes, USCIS cannot approve your B-1/B-2 extension because of the status violation.

For some, the change of status process can be confusing and difficult as few are familiar with DHS forms and protocols, but for those who obtain an F1 visa, the educational rewards can offset the time and resources expended obtaining the visa. Those who are not eligible to receive a change of status may find the following excerpt from the previously mentioned announcement helpful:

If you are not eligible to change your nonimmigrant status to F-1 or M-1, you may apply for an F-1 or M-1 visa at a consular post abroad…We encourage all students and prospective students to work closely with their designated school official (DSO) to coordinate the timing of applying for change of status and enrolling in classes.

Those staying in the United States on any type of visa are required by law to fully comply with the terms of their visa. Failure to do so could lead to severe civil and criminal penalties. Those wishing to travel to the United States of America are well advised to seek the type of visa that truly comports with proposed activity in the USA. As extraneous circumstances can cause unforeseen problems it may be necessary to apply for a change of status if one’s current visa does not provide proper benefits.

Adjustment of status, which can be confused with changing status, is the process of switching a foreign national from a non-immigrant visa to Lawful Permanent Residence (Green Card). Those traveling to the United States of America on a K1 visa must adjust their status within 90 days of their arrival after their marriage to the US Citizen petitioner.

For more about adjusting status please see: adjustment of status.

Tags: Adjustment of Status, American Visa, B-1 Visa, B-2 Visa, B1 visa, B2 Visa, change of status, F-1 Visa, F1 Visa, I-485, K-1 Visa, K1 Visa, Parachute Students, US Student Visa, US Tourist Visa, US Visa, USA Visa
Posted in Adjustment of Status, American Institute Taiwan, Department of Homeland Security, F1 Visa Thailand, K1 Visa, 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 embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, 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 Thailand, US Embassy Tokyo, US Embassy Vietnam, US Embassy Yangon, US Tourist Visa, US Visa, US Visa and Immigration | No Comments »

The administration of this blog routinely posts information which may be beneficial for those seeking a United States Visa. The lists below show the current estimated processing times for the USCIS service centers located throughout the United States. These figures are current estimates as of June 30, 2010. The Estimated Processing Times for the Vermont Service Center are as follows:

The estimated processing times for the USCIS California Service Center are as follows:

The estimated processing times for the USCIS Nebraska Service Center are as follows:

The estimated processing times for the USCIS Texas Service Center are as follows:

Those interested in learning information about the K1 visa should note that the I-129f petition (the petition for a K1 fiance visa) is now only being accepted at a USCIS lockbox facility rather than directly at Service Center facilities. Further, those researching US Immigration matters for the first time should note that the above processing times do not reflect an accurate time line for the entire US visa process. This is due to the fact that most petitions approved by USCIS must go to the National Visa Center for a security clearance to be initiated. After the initiation of a security clearance the file must then be forwarded to the US Embassy or US Consulate with appropriate jurisdiction over the Beneficiary’s place of residence.

To check USCIS processing times directly online please go to the following page by clicking here.

Tags: American Immigration, American Visa, CR1 Visa, E1 visa, E2 Visa, IR1 Visa, IR2 visa, K1 Visa, K2 Visa, K3 Visa, K4 Visa, L1 Visa, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Immigration, US Visa, USCIS, USCIS California Service Center, USCIS lockbox, USCIS Nebraska Service Center, USCIS Processing Time, USCIS Service Center, USCIS Texas Service Center, USCIS Vermont Service Center
Posted in CR1 Visa, E1 visa, E2 Visa, EB5 Visa, IR1 Visa, K1 Visa, K3 Visa, L1 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 embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, 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 Thailand, US Embassy Tokyo, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »

Holiday closing schedules for US Embassies and US Consulates in Asia are routinely posted on this blog in an effort to forestall fruitless trips to US Missions abroad made by American travelers and expats in host countries throughout the Asia-Pacific region. The following holiday closing schedule was quoted directly from the official website of the United States Embassy in Papua New Guinea:

Listed below are Papua New Guinea and U.S. National holidays on which the Embassy is closed.

Papua New Guinea is 10 hours ahead of Greenwich Mean Time (GMT) and 15 hours ahead of U.S. Eastern Standard Time (EST).

Americans as well as Lawful Permanent Residents traveling or living overseas often find that they need services that can only be provided by staff at an American Citizen Services section of a US Embassy abroad. The services which American Citizen Services provides include, but are not limited to: US passport issuance, addition of visa pages, notary services, and Consular Reports of Birth Abroad.

Those thinking of traveling to a US Mission abroad are prudent to check the Embassy’s official website in order to ascertain the operating hours of the Post as well as the Post’s holiday closing schedule. Furthermore, those with business at American Citizen Services may be able to book an appointment online thereby streamlining their service after arrival at the Mission’s facilities. In many cases, an online appointment booking can place the Consular Officers on notice of the services to be sought thereby allowing the Consular Officers the opportunity to prepare to serve the customer.

Those seeking a visa interview appointment in connection with a US visa application are well advised to check with the Visa Unit of the Post where the interview will take place as interview appointments are scheduled based upon a Post’s caseload. Often, non-immigrant visa applicants (those seeking visas such as the US Tourist Visa and the US Student Visa) are interviewed in a different manner compared to immigrant visa applicants, for purposes of interviewing and processing the K1 visa is often treated in the same manner as a true immigrant visa.

For information about Consular denial of a visa application please see: US Visa Denial. For information about possible remedies after a visa denial please see: I-601 waiver.

Tags: Consular Reports of Birth Abroad, CRBA, K1 Visa, K1 visa application, US Embassy Papua New Guinea, US Embassy Port Moresby, us passport, US Visa, US Visa Application, US Visa Papua New Guinea
Posted in US Embassy Papua New Guinea, US Embassy Port Moresby | No Comments »

The following is the holiday closing schedule for the United States Embassy in the Philippines quoted directly from the official Embassy website:

The administration of this blog frequently posts information such as this in an effort to forestall needless trips to US Embassies and Consulates abroad. This author has traveled to more than one US Embassy abroad only to find the facilities closed in observance of an American or local holiday.

Many Americans overseas find that they require services which can, sometimes, only be performed by an American Citizen Services (ACS) Section of a US Consulate or Embassy abroad.  Services such as this include, but are not limited to: US passport obtainment, visa page addition, promulgation of a Consular Report of Birth Abroad, or notarial services. In situations where services such as these are sought, Americans are well-advised to check the official website of the US Mission in their area in order to ascertain if appointments with ACS can be booked online. This can greatly streamline the processing of an American’s request as the Consular Officers can be put on notice of the appointment and also, in some cases, of the services sought.

Those seeking visas from a United States Mission abroad should check with the Mission’s Visa Unit in order ascertain how visa interview appointments should be scheduled. Often Immigrant visa applications are handled differently compared to non-immigrant applications (for those interested in US family visa obtainment, the K1 visa [Fiance Visa] is usually treated as an immigrant visa for application processing purposes).

Tags: American Citizen Services, consular report of birth abroad, Fiance Visa, Holiday Closing Schedule US Embassy Manila, Holiday Closing Schedule US Embassy Philippines, K1 Visa, US Consulate, US Embassy, US Embassy Manila, US Embassy Philippines, us passport, Visa Unit
Posted in US Embassy Manila, US Embassy Philippines | No Comments »

Americans traveling or residing outside of the United States are often in need of services that can only be provided by an American Citizen Services Section of a US Embassy or US Consulate abroad. Services often sought include, but are not limited to: US passport issuance, visa page addition, promulgation of Consular Reports of Birth Abroad, an notarization. For those living abroad, trips to the US Embassy can be time consuming and may interfere with one’s day-to-day business. Therefore, streamlining the process for the aforementioned services can save time and resources. For this reason, those Americans seeking services at an Embassy abroad are well advised to check the Embassy’s official website to determine if the Post allows for appointment scheduling online. This can provide convenience to the American and provide the Consular Officers at a given Post with an opportunity to prepare in advance to deal with a customer’s needs.

Those unrepresented individuals with a pending visa application before a Visa Unit at an American Embassy or Consulate should check directly with the post to find out how the visa interview process works as Visa Units generally schedule appointments based upon the Post’s capacity. In many cases, non-immigrant visas and immigrant visas have a separate  interview appointment process (for purposes of US Immigration the K1 visa is often effectively treated as an immigrant visa).

The administration of this blog often post the holiday closing schedules for various US Embassies and US Consulates in Asia in an effort to provide assistance to those who may have business at a Post. The following is the holiday closing schedule for the US Embassy in Japan quoted directly from the official website of the Embassy itself:

The Embassy will be closed to the public in observance of the following United States and Japanese holidays:

* Japanese holidays are indicated with an asterisk.

Note:

The Embassy will remain open for the following three Japanese holidays in 2010:

Tags: consular report of birth abroad, Holiday Closing Schedule For US Embassy Japan, K1 Visa, US Consulate, US Consulate Japan, US Embassy, US Embassy Japan, US Embassy Tokyo, us passport, US Visa Japan
Posted in K1 Visa, US Embassy Japan, US Embassy Tokyo | No Comments »

The United States of America and the Republic of Korea have a long history of cooperation. The USA maintains an official Mission in Korea in the form of a US Embassy. In an effort to provide relevant information to American travelers and expatriates in Asia, this blog often posts the holiday closing schedules of various American Embassies and Consulates. Below is the holiday closing schedule for the US Embassy in Korea quoted directly from the US Embassy’s official website:

As this author has previously come to find, it can be frustrating to show up at a US Embassy or US Consulate to find it closed in observance of either a local or American holiday. Therefore, those with business before a United States Embassy or Consulate abroad are well advised to consult the official website of the Mission prior to traveling to the Post. Furthermore, those with business before an American Citizen Services Section of a United States Embassy or Consulate are well advised to check online to ascertain if the Post allows appointment to be set over the internet. Those seeking a new US passport, visa pages, Consular Report of Birth Abroad, or notarial services are often required to appear before American Citizen Services abroad in order to have their request processed. In many cases, scheduling an appointment in advance provides the Consular Officers with the opportunity to prepare in advance to efficiently serve Citizens. By streamlining the process it can decrease the wait time for Americans traveling to the Post.

Those wishing to schedule a visa interview appointment for an Immigrant visa such as a CR1 Visa or an IR1 visa are advised to check directly with the Post regarding such appointments. The same can be said for those wishing to schedule a non-immigrant visa appointment for travel documents such as the US Tourist Visa or the US Student Visa (For purposes of Consular adjudication the K1 visa is usually considered an immigrant visa).

Tags: American Citizen Services, consular report of birth abroad, CR1 Visa, Holiday Closing Schedule, IR1 Visa, K1 Visa, Thailand Consular Report of Birth Abroad, US Consulate, US Embassy, US Embassy Korea, US Embassy South Korea
Posted in US Embassy South Korea | 1 Comment »

Those who keep up with Immigration news have no doubt noticed the increasing tensions that have been caused by problems along the Southwestern Border of the United States. In a recent announcement distributed by the American Immigration Lawyers Association it was noted that a new Senate Bill was passed which could provide new funding for increased border security initiatives. To quote the announcement directly:

On 8/5/10, with hours left before the beginning on the August recess, the Senate passed a $600 million emergency spending bill aimed at increasing border security. The bill, titled the Emergency Border Security Supplemental Appropriations Act of 2010, was passed by a voice vote.

Senator Schumer (D-NY), along with several Democratic colleagues, introduced the Border Security Emergency Supplemental Appropriations Act of 2010 (S.3721) and used it as a substitute amendment to H.R. 5875, a bill passed by the House of Representatives on 7/28/10. Further action is required before H.R. 5875, as passed by the Senate, can be sent to President Obama’s desk for signature.

It is unclear at this point if the House of Representatives, which is set to return for a short two day session on 8/09/10, will take up the Senate measure or whether they will wait until September…

In response to the passage of this Bill, the Secretary of the Department of Homeland Security, Janet Napolitano, made the following statement:

“I commend the Senate for passing the Southwest Border bill to add important, permanent resources to continue bolstering security on our Southwest border. These assets are critical to bringing additional capabilities to crack down on transnational criminal organizations and reduce the illicit trafficking of people, drugs, currency and weapons. Over the past eighteen months, this Administration has dedicated unprecedented personnel, technology, and resources to the border and we will continue to take decisive action to disrupt criminal organizations and the networks they exploit. I encourage the House to act quickly on this bill to strengthen our historic border security efforts.”

The final resolution remains to be seen, but there are many who feel strongly about this issue and it is likely that the subject of undocumented immigration will remain controversial heading into the upcoming Congressional elections. That said, Comprehensive Immigration Reform may still be on the horizon notwithstanding bills passed in an effort to deal with the current issues along the US-Mexican border.

For related information please see: Comprehensive Immigration Reform. For information about bringing a loved one to the United States with proper documentation please see: K1 visa or US Marriage Visa.

Tags: American Immigration law, American Immigration Policy, Border Security Emergency Supplemental Appropriations Act of 2010, Comprehensive Immigration Reform, Department of Homeland Security, DHS, Emergency Border Security Supplemental Appropriations Act of 2010, H.R. 5875, K1 Visa, S.3721, Secretary Napolitano, US Immigration Law, US Immigration Policy, US Marriage Visa, US Senate, US Southwestern Border
Posted in Comprehensive Immigration Reform, Department of Homeland Security, K1 Visa, News, Upcoming Legislation | No Comments »

The administration of this blog routinely posts the holiday closing schedules of US Embassies and US Consulates in Southeast Asia and India in an effort to provide information to travelers who may need assistance at a local Post. Below is the holiday closing schedule for the US Embassy accredited to Sri Lanka and the Maldives quoted directly from that Embassy’s official website:

The American Embassy will observe the following American and local holidays in 2010.

Americans traveling or residing overseas often find themselves in need of services routinely performed by Consular Officers at an American Citizen Services Post. The services most often sought by Americans abroad include: Passport renewal, adding of new visa pages, Consular Reports of Birth Abroad, and notarial services. As an example, in Thailand, many Americans wishing to register a marriage in the Kingdom must first obtain a notarized affidavit from the US Embassy Bangkok or the US Consulate Chinag Mai stating that they are legally free to marry.

Those seeking services at a United States Embassy or United States Consulate are well advised to check the holiday closing schedule before traveling to the post. Furthermore, those with business before the American Citizen Services Section of a US Consulate should ascertain whether or not the post takes appointments online. By scheduling an appointment in advance an American Citizen, or foreign national with business before the post, can put the Consular Staff on notice of expected services, which allows for more efficient service, and ensure that a place in line as some appointment times can be pre-booked online.

Those seeking visas are well advised to check with the local visa unit (either non-immigrant or immigrant depending upon the visa category) of the Consulate to learn about appointment booking procedures which may vary from post to post. For more information about United States Immigration please see: K1 visa.

Tags: American Citizen Services, American Visa, consular report of birth abroad, Immigrant Visa Unit, K1 Visa, Non-Immigrant Visa Unit, US Consulate, US Embassy, US Embassy Maldives, US Embassy Sri Lanka, Visa Unit
Posted in Thailand Marriage Registration, US Embassy Maldives, US Embassy Sri Lanka | No Comments »

As stated in recent postings on this blog, Holiday Closing Schedules for US Embassies and US Consulates overseas are routinely posted on this site in order to provide insight to those American travelers abroad who may be seeking services from a US Embassy or US Consulate located in one’s host country. Also, foreign nationals seeking services at an American Mission abroad may benefit from information regarding Post closure. The following Holiday closing schedule is directly quoted from the official website of the United States Consulate in Chennai, India:

The U.S. Mission will officially observe only the holidays listed below.

Date	Day	Holiday	Type
January 1	Friday	New Year’s Day	American
January 14	Thursday	Pongal/Tamil New Year’s Day (not for Karnataka)	Indian
January 15	Friday	Thiruvalluvar Day	Indian
January 18	Monday	Martin Luther King’s Birthday	American
January 26	Tuesday	Republic Day	Indian
February 15	Monday	Washington’s Birthday	American
April 2	Friday	Good Friday	Indian
April 14	Wednesday	Dr. Ambedkar’s Birthday	Indian
May 31	Monday	Memorial Day	American
July 5*	Monday	Independence Day	American
September 1	Wednesday	Krishna Jayanthi	Indian
September 6	Monday	Labor Day	American
September 10	Friday	Idu’l Fitr (Ramzan)	Indian
October 11	Monday	Columbus Day	American
November 1	Monday	Karnataka Rajyotsava Day (for Karnataka only)	Indian
November 5	Friday	Deepavali	Indian
November 11	Thursday	Veteran’s Day	American
November 17	Wednesday	Idu’l Zuha (Bakrid)	Indian
November 25	Thursday	Thanksgiving Day	American
December 17	Friday	Muharram	Indian
December 24**	Friday	Christmas Day	American

* in lieu of July 4, Sunday
** in lieu of December 25, Saturday

Generally, Americans seeking assistance at a US Embassy or US Consulate overseas are in need of services such as Passport replacement, retrieval of a Consular Report of Birth Abroad, addition of visa pages, or signature notarization. For services such as this American Citizens are generally wise to check with the American Citizen Services (ACS) section of an Embassy or Consulate overseas in order to ascertain if appointments can be scheduled online. The reason why this is so important is due to the fact that many ACS sections have a great deal of demand placed upon their time. Therefore, scheduling an appointment in advance and specifying the services sought can assist the Consular Officers in streamlining their services in such a way that the customers needs are met quickly, efficiently, and effectively.

Those seeking a US visa abroad must check each Post’s policy regarding visa interview scheduling. Generally, non-immigrant visa interviews are conducted in a different manner compared to Immigrant visa interviews. It has been this author’s experience that for purposes of visa application adjudications abroad K1 visa applications are treated as Immigrant visa applications even though the visa itself is a non-immigrant quasi-dual intent travel document.

Tags: ACS, American Citizen Services, dual intent, Holiday Closing Schedule, Holiday Closing Schedule US Consulate Chennai, K1 Visa, US Consulate, US Consulate Chennai, US Embassy, US Embassy India
Posted in K1 Visa, US Consulate Chennai, US Embassy India | No Comments »

This blog routinely discusses both the US Marriage Visa and the US fiance visa as these are popular travel documents for the loved ones of Americans Citizens or Lawful Permanent Residents. The Fiancee visa is generally referred to as the K1 visa while many refer to the US Marriage Visa as the K3 Visa. Strictly speaking, this is not the correct appellation as the K3 Visa is a special non-immigrant marriage visa that has been phased out through the National Visa Center’s use of “Administrative Closure”.

Those who file for a classic US marriage visa are likely to have noted that the petition was sent to a “lockbox” of the United States Citizenship and Immigration Service (USCIS). These “lockboxes” are used to receive documentation. In a way, they are something of a clearinghouse for visa petitions as they receipt the petitions in, assign them a number, and forward the file on to the appropriate service center.

In the recent past, this was not the way in which I-129f visa petitions were submitted to USCIS. In the past, the petitioner would submit the petition directly to the appropriate service center. However, a recent announcement from USCIS confirmed that this will no longer be the procedure for filing petitions for an American fiance visa. To quote directly from the USCIS press release:

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced a change in filing location instructions and addresses for the Petition for Alien Fiancé(e) (Form I-129F). The new instructions, dated 6/14/10, are part of an overall effort to transition the intake of forms from Service Centers to USCIS Lockbox facilities. Centralizing form and fee intake to a Lockbox environment allows USCIS to provide customers with more efficient and effective initial processing of applications/petitions and fees.

Many feel that utilization of a “lockbox” facility will help streamline the adjudication process for fiancee visa petitions. Every year, the United States Citizenship and Immigration Service processes a large number of fiance visa petitions. The caseload is currently rather bifurcated as these petitions are sent directly to a service center (currently there is one service center in Vermont and one in California). However, this method is rather cumbersome. Hopefully, by receiving all I-129f petitions in one centralized facility the process will be streamlined and made more efficient as cases can be sent to the service center with the capacity to handle the caseload.

For more about USCIS processing of K1 visa petitions please see: processing times.

Tags: American Fiance Visa, Fiance Visa, Fiancee Visa, I-129f, K1 Visa, K1 visa lockbox, K3 Visa, Lockbox, United States Citizenship and Immigration Service, US Fiance Visa, USCIS, USCIS lockbox, USCIS Processing Times
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, USCIS | No Comments »