Integrity Legal

One of the major questions invariably on the lips of prospective visa applicant’s and petitioners is: how long will the process take? This question is not as easily answered as some might think because the entire process is actually three processes in one. First there is the United States Citizenship and Immigration Service (USCIS) adjudication phase, then there is the National Visa Center (NVC) processing phase, and finally there is the US Embassy interview and adjudication phase. In most cases, the interview phase is the final phase of the process as the visa application is either approved or denied at this point. However, if there is a legal grounds of inadmissibility or if the applicant has previously been subject to deportation or expedited removal in the US, then either an I-601 waiver or an I-212 waiver may be necessary. In routine cases, the interview is usually the last major phase of the visa obtainment process.

That being said, the first major phase of the process involves the submission of petitions to USCIS. As many petitions are filed with USCIS each year, this phase of the process is often the most time consuming as the US Citizen or Lawful Permanent Resident’s petition must wait in the queue for adjudication.

Recently, USCIS updated their processing time estimates, below please find the most recent processing time estimates for family based petitions for K-1 visas, K-3 visas, and Immigrant visas.

The California Service Center processing times are as follows:

The Vermont Service Center processing times are as follows:

One should not misunderstand the above information, these processing times do not reflect the entire time that it takes to complete the entire visa process as a US Family visa petition must also process through the National Visa Center as well as the Embassy in the country where the visa is to be issued. In Thailand, most visa applications for family members of US Citizens or Lawful Permanent Residents are adjudicated at the US Embassy in Bangkok.

Tags: American Visa Thailand, K-1 Visa, K-3 Visa, K1 Visa, K1 visa processing time, K1 Visa Processing Times, K1 Visa Thailand, K3 Visa, K3 Visa processing time, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The United States Citizenship and Immigration Service (USCIS) is tasked with adjudicating Immigration applications such as the I-129f, I-130, and the I-601 waiver. They have offices throughout the United States and around the world. In Bangkok, the USCIS office is the administrative hub for virtually all US Immigration matters arising in Southeastern Asia.

This author recently came across a press release from the United States Citizenship and Immigration Service (USCIS) in which Director Alejandro Mayorkas explained that USCIS will be undergoing some organizational changes. The author obtained this information through the American Immigration Lawyers Association website. To quote directly from the press release:

“We at U.S. Citizenship and Immigration Services have realigned our organizational structure to achieve greater efficiency and to more ably accomplish our mission. The realignment reflects the prioritization of certain critical Agency responsibilities. The three most significant changes are:

The creation of a Fraud Detection and National Security Directorate. This change reflects our prioritization of our anti-fraud and national security responsibilities and will bring greater focus to them.

The creation of a new Customer Service Directorate. This change reflects our prioritization of customer service and recognizes the significant efforts that will be needed to ensure that we are at the cutting edge of service modeling.

The division of the existing Domestic Operations Directorate into two separate directorates, Service Center Operations and Field Operations. This change will foster greater innovation and achieve greater efficiency in our delivery of immigration services.”

Fraud prevention is a constant priority for USCIS as the US Immigration system is, at times, plagued by sham marriages, fraudulent petitions, and unlicensed operators claiming to be immigration attorneys. Further, the internal bifurcation of Service Center Operations and Field Operations will likely lead to greater efficiency in both areas as they require different types of administrative supervision.  In the case of K visas, there are two service centers that handle K1 and K3 visa petitions. Meanwhile, applications for Immigrant visas are received at the USCIS lockbox.

Finally, the creation of a Customer Service Directorate will be a boon to Immigration attorneys and laymen alike as the confusing aspects of the Immigration process can be clarified by contacting a USCIS Customer Service Representation. This author is happy to see that USCIS is taking the time to internally reorganize in an effort to provide better service to both United States Citizens as well as foreign nationals.

For those interested further reading about the US Immigration process please see: K1 visa process.

Tags: Immigration attorneys, K-1 Visa, K-3 Visa, K1 Visa, K1 Visa Process, K1 Visa Thailand, K3 Visa, US Visa Thailand, USCIS, USCIS Reorganization
Posted in K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Upcoming Legislation, US Visa and Immigration, US Visa Thailand, USCIS, Visa Waiver | No Comments »

Virtually every United States Embassy or Consulate will close in recognition of United States Federal Holidays. Most will also close in recognition of local holidays or customs. The United States Embassy in Vietnam is no different. Below, please find the 2010 holiday closing schedule for the US Embassy located in Hanoi:

The above notation of “A” and “V” denotes the type of holiday. “A” stands for American, while “V” stands for Vietnamese.

In Vietnam, the bulk of United States visa and immigration matters are handled at the US Consulate in Ho Chi Minh City. This situation is the opposite of the internal mechanics of the posts in Thailand as the US Embassy in Bangkok handles nearly all Immigrant visa petitions while the US Consulate in Chiang Mai deals with Non-Immigrant visa applications for visas such as the US Tourist Visa, the J1 visa, and the F1 visa.  That being said, the holiday closing schedule of the US Consulate in Ho Chi Minh City (HCMC) is identical to the schedule of the US Embassy in Hanoi. Therefore, those interested in that post’s closing schedule should look to the information above.

For those in a legitimate emergency, it may be possible to contact the Embassy during a holiday. That being said, this is contacting Embassy staff may be difficult as most Embassy and Consulate personnel use holidays to take much needed time off. Therefore, those with an impending issue would be wise to take care of it before a holiday as it is unlikely that the Embassy will make special accommodations.

For those who need passports, notary services, Consular Reports of Birth Abroad, or visa pages it would be wise to contact the American Citizen Services Section of the local US Embassy or US Consulate.

For those interested in learning more about the US Embassy in Hanoi please click here. For those who wish to learn maore about the US Consulate in HCMC please click here. Finally, for those interested in US visas from Southeast Asia please see K-1 visa, CR-1 visa, or K-3 visa.

Tags: American Citizen Services, CR-1 Visa, CR1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K3 Visa, US Consulate HCMC, US Consulate Ho Chi Minh City, US Embassy Hanoi, US Embassy Vietnam, US Tourist Visa, US Visa Hanoi, US Visa HCMC, US Visa Southeast Asia, US Visa Vietnam
Posted in K1 Visa, K3 Visa, US Consulate HCMC, US Embassy Hanoi, US Embassy Vietnam, US Tourist Visa, US Visa and Immigration | 29 Comments »

Each United States Diplomatic post observes different holidays. The holiday closing schedule depends upon the host country as each post closes in observance of not only United States Federal holidays, but the host country’s national holidays as well. This is true for Malaysia as the US Embassy in Kuala Lumpur observes both US and Malaysian holidays. Below is the 2010 holiday closing schedule:

This holiday closing schedule is subject to change and those who are planning to make a trip to the US Embassy in KL would probably be wise to check to make sure that the post will be open before making a trip to the post. In emergencies most US Embassies have a contact number that can be used to get in touch with the post. For example, a person ho loses their passport over a holiday weekend may be able to contact the Embassy and obtain a passport from the American Citizen Services Section of the Embassy. That being said, holidays at US diplomatic and Consular posts abroad are often used by Embassy personnel to take leave. This could result in delays in the days leading up to holidays and immediately thereafter. Those with business at an Embassy or Consulate would be wise to make certain that their affairs are conducted before a holiday break. For more information about the holiday closing schedule at the US Embassy in Kuala Lumpur please click: here.

For further information about US visas please see: K1 visa or K3 visa.

Tags: American Citizen Services, K-1 Visa, K-3 Visa, K-3 visa process, K1 Visa, K3 Visa, US Embassy KL, US Embassy Kuala Lumpur, US Embassy Malaysia, US Visa, US Visa Malaysia
Posted in K1 Visa, K3 Visa, US Embassy Kuala Lumpur, US Embassy Malaysia, US Visa and Immigration | No Comments »

Every United States Diplomatic post observes United States Federal Holidays. At the same time, most posts also observe the national holidays of the host country where they are located. The United States Embassy in Cambodia is located in the capital city of Phnom Phen. In the year 2010, the US Embassy will be closed on the following dates in observance of either American or Khmer holidays:

Jan 1 Fri International New Year’s Day U.S.

Jan 18 Mon Birthday of Martin Luther King, Jr. U.S.

Feb 15 Mon George Washington’s Birthday U.S.

Mar 8 Mon International Women’s Day Khmer

Apr 14 Wed Khmer New Year’s Day Khmer

Apr 15 Thu Khmer New Year’s Day Khmer

Apr 16 Fri Khmer New Year’s Day Khmer

May 14 Fri King Sihamoni’s Birthday Khmer

May 31 Mon Memorial Day U.S.

Jun 18 Fri King Mother’s Birthday Khmer

Jul 5 Mon Independence Day U.S.

Sep 6 Mon Labor Day U.S.

Oct 8 Fri Pchum Ben Day Khmer

Oct 11 Mon Columbus Day U.S.

Nov 1 Mon King Father’s Birthday Khmer

Nov 9 Tue Independence Day Khmer

Nov 11 Thu Veterans Day U.S.

Nov 22 Mon Water Festival Khmer

Nov 25 Thu Thanksgiving Day U.S.

Dec 24 Fri Christmas U.S.

Dec 31 Fri International New Year’s Day U.S.

We post these dates as a courtesy to those American expats and travelers in Southeast Asia. For many, traveling to the US Embassy in a foreign country can be a major undertaking. This is why it is wise to check the holiday closing schedule before making such a trip as one can forestall a situation in which going to Embassy ultimately proves to be an effort in futility.

For those who are in an emergency situation it may be possible to contact the Embassy directly for assistance. That being said, many US State Department personnel working at the US Embassies and Consulates abroad use these scheduled holidays as an opportunity to take much needed leave time to return to the United States. Therefore, unless a matter is truly pressing, it is probably best to await normal business hours to contact or travel to the Embassy.

For Americans living or traveling abroad in need of Passports, visa pages, or notarizations it would probably be best to contact the American Citizen Services section of the nearest Consulate or Embassy in order to deal with such matters. For those interested in more information about holidays observed by the US Embassy in Cambodia, or simply to learn more about the post in general, please click here.

For those interested in further information about United States Immigration from Southeast Asia please see K3 visa, K1 visa, or CR1 Visa.

Tags: American Citizen Services, CR-1 Visa, CR1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K3 Visa, US Embassy Cambodia, US Embassy Pnom Phen
Posted in K1 Visa, K3 Visa, US Embassy Cambodia, US Embassy Phnom Phen, US Visa and Immigration | No Comments »

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

K3 Visas in 2010

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

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

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

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

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

For those interested in finding out detailed information regarding fiance visas from Thailand please see our main page at: K1 visa Thailand. For more details about United States Visas generally please see: US Visa Thailand.

The New Year has dawned and the K1 visa still remains the most popular method employed by American Citizens when they wish to be reunited with their Thai fiance or fiancee in the USA. At the present time, the United States Citizenship and Immigration Service (USCIS) is estimating that the K1 visa processing time will be approximately 5 months. This estimate measures petition processing time from filing until final USCIS adjudication. For Thai fiancees seeking a K1 visa from the US Embassy in Bangkok this estimate does not take into account the processing time at the National Visa Center (NVC) nor the processing time for a K1 visa application at the US Embassy.

Generally, NVC takes approximately 14 days to process a visa petition, conduct a security clearance, and forward the file to the US Embassy. At present, it has been this author’s opinion, based upon prior experience, that this is usually the amount of time that it takes for the NVC to process the case file.

Once the file arrives at the US Embassy in Bangkok the officers will send a notice to the applicant and/or the attorney of record informing those concerned that they can now begin compiling the visa application. Generally, it takes approximately 2 weeks to compile the necessary documentation to send to the Embassy so that the Embassy staff can schedule the visa interview. In 2009, the Embassy began notifying applicants of appointment scheduling via email. This greatly streamlined the process and cut days, or, in some cases, weeks off of the final phases of the K1 visa process.

In those instances where a K1 visa applicant received a 221g refusal and request for further documentation, the Consular Officers generally processed the application efficiently and diligently once the applicant (or their attorney of record) presented the requested follow up documentation. It seems unlikely that this diligence and efficiency will subside in 2010.

The K1 visa process in 2010

At the time of this writing, it would appear that the K1 visa process will not be significantly changed in the near future and cases will continue to process through the system as before. However, with Comprehensive Immigration Reform on the horizon, there is good reason to believe that eventually the K1 visa process may change as a result of Congressional revision of the Immigration and Nationality Act (INA). How these revisions will effect the K1 visa process remains to be seen. With all of this in mind, this author believes that the year 2010 should be a dynamic year for United States Immigration.

Tags: Fiance Visa, Fiance Visa Thailand, Fiancee Visa, Fiancee Visa Thailand, K-1 Visa, K-1 Visa Process, K-1 Visa Thailand, K1 Visa, K1 Visa Process, K1 Visa Thailand, us embassy bangkok, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | 4 Comments »

For those with relatives overseas the immigration process can at times seem interminable. In most cases, the visa process involves multiple US government agencies and can be somewhat confusing as Immigration is an area in which different regulations overlap.

Currently, there is a Bill in Congress that would reform the United States Immigration system. Many practitioners of Immigration law as well as immigrants feel as though the time has come to reform the American Immigration system. On the American Immigration Lawyers Association Leadership blog there has been a recent posting about the current state of the Immigration system, ways it can be fixed, and how all of these issues impact Americans as well immigrants. To quote directly from the blog posting:

“The crises in family and employment immigration are chronic and pressing. The backlog in family and employment waiting lines is gravely dispiriting and undermines the long-held principle of family reunification. Immigrant Visa Numbers Hopelessly Encased In Amber. The situation is deteriorating every day with more detentions, more denials, more delays, more deportations and more defective decisions. ICE has now reported 105 deaths in civil immigration custody since 2003. More Immigrant Deaths in US Detention CommonDreams.org Now is the time to turn the tide of the culture of “No” pervading our immigration system. We need to unite families and we need to keep industry vibrant and competitive.”

At present, the K1 visa process for Thai fiancees takes approximately 6-7 months from K1 visa application submission until final decision at the US Embassy in Bangkok.

The K3 visa process generally takes approximately 8 months from initial I-130 submission until the the visa interview.

It now takes about 11-12 months to process a CR-1 or IR-1 visa if the petition is filed in the United States of America.

There are some who would argue that it takes too long to obtain a US visa for an immediate relative. Others find it rather odd that a fiancee visa takes less time to process than a marriage visa. This could be attributed to the fact the K1 visa does not provide the bearer with long term lawful presence in the United States of America, but instead only provides the visa holder with 90 days status in the USA and the opportunity to adjust status to permanent residence subsequent to marriage.

The upcoming Comprehensive Immigration Reform bill will be an interesting thing to watch as it will likely have a dramatic impact upon future immigrants to the United States as well as some of those currently processing through the Immigration system.

Tags: CR1 Visa, CR1 Visa Thailand, Fiance Visa, Fiance Visa Thailand, Fiancee Visa, Fiancee Visa Thailand, IR1 Visa, IR1 Visa Thailand, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K1 Visa, K1 visa application, K1 Visa Process, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, Visa Interview
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Thailand Marriage Registration, Upcoming Legislation, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

For Thai-American couples the most common method of immigrating to the USA is through use of a K1 visa. The K1 visa is a fiancee visa granting the bearer 90 days of lawful presence in the United States of America with the option to apply for adjustment of status. If an adjustment of status application is submitted and approved then the Thai fiancee will be granted conditional lawful permanent residence for 2 years. After nearly 2 years the couple should submit a petition for a lift of conditions of the Thai spouse’s permanent residence. Should this petition receive approval, the Thai spouse will become an unconditional lawful permanent resident of the United States of America.

There are some travel restrictions placed upon permanent residents of the United States. Namely, they cannot be outside of the USA for more than one year without endangering their resident status in the USA. For those who remain abroad for more than one year it may be necessary to apply for an SB-1 visa. This is a visa specifically meant for returning residents of the USA. For those who plan to be outside of the USA for a substantial period of time there is a way to forestall a finding of residential abandonment: a US reentry permit. This is a travel document that is very similar to advance parole in so far as it preserves the status of the lawful permanent resident while they remain abroad. These travel documents are generally granted with a validity period of 2 years from issuance.

Recently, this author came into contact with an individual who had lawful permanent resident status in the US, but had lost his Resident Alien Card (“Green Card”) and needed to return to the US. This individual still had a valid US reentry permit. After some research, this author discovered that a United States lawful permanent resident may reenter the country without a proper visa provided that they have a valid United States reentry permit.

To directly quote from the website of the US Embassy in Mumbai:

“Per 8CFR 211.1, an alien in possession of a valid form I-327, Permit to reenter the United states (i.e. reentry permit), does not require a visa to reenter the United States.  Therefore, [one] may travel [to the USA] with [only one's] valid reentry permit.”

In a way, the United States reentry permit is akin to a passport for lawful permanent residents although it is inherently more restrictive than a US passport. For those lawful permanent residents thinking of leaving the USA for a prolonged period of time it may be wise to seriously consider applying for a reentry permit because it provides not only the peace of mind that comes from preserving one’s status, it can also act as a backup travel document in the event one loses their resident alien card.

For related information please see our postings about losing a US passport and obtaining a new one from American Citizen Services at a US Consulate in Thailand.

Tags: American Visa Thailand, conditional lawful permanent residence, Fiancee Visa Thailand, K1 Fiance Visa, K1 Visa, K1 Visa Thailand, Lawful Permanent Residence, Lift of Conditions, Lost US Green Card, Lost US Passport, Reentry Permit, SB-1, SB-1 Visa, unconditional lawful permanent residence, US Consulate, US Embassy, US Visa Thailand
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Visa and Immigration, US Visa Thailand | No Comments »

The United States Visa Process can be extremely confusing particularly when it come to United States Family Immigration. Below are the processing time estimates promulgated by the United States Citizenship and Immigration Service (USCIS). We post these processing times on this blog as a courtesy to those thinking about filing an Immigration petition or with a petition currently pending. To learn more visit the USCIS website.

These are the current processing time estimates for the USCIS California Service Center

These are the processing time estimates for the Vermont Service Center of USCIS:

It should always be remembered that these processing times are merely estimates and cannot be definitively relied upon. Every case is unique and processes in its own time based upon the unique facts of the case. That being said, the above figures fairly accurately reflect the amount of time it takes to obtain a decision from USCIS. For those processing through the US Embassy Bangkok, it should be noted that the above figures do not take into account Consular Processing as the Embassy is under the jurisdiction of the American State Department and not the Department of Homeland Security.

Although the K1 visa remains the fastest family based visa category, it does not confer lawful permanent residence upon entry like the IR1 or CR1 visa. This can also be said for the K3 visa as it is classified as a non-immigrant dual intent visa and therefore requires the alien to adjust status after entering the USA.

For previous figures please see: US visa processing times.

Tags: CR1 Visa, CR1 Visa Thailand, I-129f, I-130, I-131, I-212, IR1 Visa, IR1 Visa Thailand, K1 Visa, K1 visa processing time, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Visa Processing Time, USCIS, USCIS Processing Times, USCIS website
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | 1 Comment »