Integrity Legal

In a previous post on this blog this author brought up the fact that the Department of State is raising the fees for non-immigrant visas such as the US Tourist Visa, the Exchange Visitor Visa, and the US Student Visa. However, it was not clear just how this proposed fee increase would effect other types of US visas. The Department of State recently promulgated a press release discussing the impact of the proposed rule change. This author came by this press release thanks to AILA. To quote this press release:

“Under the proposed rule, applicants for all visas that are not petition-based, including B1/B2 tourist and business visitor visas and all student and exchange-visitor visas, would pay a fee of $140.

Applicants for petition-based visas would pay an application fee of $150. These categories include:

H visa for temporary workers and trainees
L visa for intracompany transferees
O visa for aliens with extraordinary ability
P visa for athletes, artists and entertainers
Q visa for international cultural exchange visitors
R visa for religious occupations

The application fee for K visas for fiancé(e)s of U.S. citizens would be $350. The fee for E visas for treaty-traders and treaty-investors would be $390. The Department will not begin collecting the new proposed fees until it considers
public comments and publishes a final rule.”

This author added the above italics for emphasis because this is a substantial fee increase compared to the current amount that must be paid in connection with K visas. At the time of this writing, the Consular processing fee paid at the US Embassy in Bangkok or the US Consulate in Chiang Mai is $131. The proposed rule would increase this fee to $350. The US State Department has noted that the increase in fees is necessary because the K1 visa and the K3 visa require more diligent adjudication on the part of Consular Officers. This author would generally agree with this statement as it has been his opinion that Consular Officers diligently investigate and judge these petitions in an effort to provide a fair, thorough, and efficient adjudication. That being said, this fee increase will probably have a major impact upon those who have already filed for K1 and K3 visa benefits. Hopefully, these fee increases will come into effect after a grace period whereby those who filed before the fee increase will be able to enjoy the previously lower fee while new applications will have the fee increase phased in. However, the logistics of this proposal may be cost prohibitive as keeping track of previously filed cases could be highly labor intensive.

For more information on this and other US Immigration matters please see: US Visa Thailand.

Tags: AILA, American Embassy Bangkok, American Embassy Thailand, American Visa Thailand, B1 visa, B2 Visa, Consular Processing, DOS, Exchange Visitor Visa, F1 Visa, J1 visa, K1 Visa, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, us embassy thailand, US Student Visa, US Tourist Visa, US Visa, US Visa Thailand
Posted in F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 1 Comment »

The United States Department of State wishes to amend the current rule regarding the fees to be charged to applicants for non-immigrant visas overseas. The American Immigration Lawyers Association (AILA) has recently released information regarding the proposed rule change. Below is a direct quote from this announcement:

“This rule amends the Schedule of Fees for Consular Services (Schedule) for nonimmigrant visa application and border crossing card processing fees. The rule raises from $131 to $140 the fee charged for the processing of an application for most non-petition-based nonimmigrant visas…The Department of State is adjusting the fees to ensure that sufficient resources are available to meet the costs of providing consular services in light of an independent cost of service study’s findings that the U.S. Government is not fully covering its costs for the processing of these visas under the current cost structure.”

Although it is fairly self evident that this proposed rule change will affect non-immigrant visa categories such as the J1 visa, the F1 visa, the B1 visa, and the B2 visa (commonly referred to as the US Tourist Visa) there is some question as to whether or not this rule change will have an impact upon those seeking a K1 visa or a K3 visa. As can be read in the above quotation, the rule should only impact “non-petition based non-immigrant visas…” As K1 visa applications and K3 visa applications are both based upon an underlying visa petition made to USCIS this proposed rule begs the question: how will it impact K visa applicants?

The K1 visa and the K3 visa are non-immigrant dual intent visas. They are non-immigrant in that they do not allow the visa holder to remain in the United States indefinitely upon entry, but they allow for the bearer to apply for adjustment of status at a later date (provided certain prerequisites are met; in the case of the K1, marriage to the original petitioner).

This author believes that is is likely that the final rule will include a provisions raising the fees for the K visas as well as the other non-immigrant visa categories. Immigrant visa fees are in a separate category and for those filing a petition in the USA, these fess are paid directly to the National Visa Center (NVC). Many people are under the mistaken impression that in family visa cases the fees paid initially to USCIS are all-inclusive. This is not the case as the US Embassies and US Consulates are under the jurisdiction of DOS while USCIS is under the jurisdiction of the Department of Homeland Security (DHS) therefore, processing fees must be made to each agency at different stages.

Tags: B1 visa, B1 Visa Thailand, B2 Visa, B2 Visa Thailand, DHS, DOS, dual intent, F1 Visa, F1 Visa Thailand, J1 visa, J1 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, NVC, US Tourist Visa, US Tourist Visa Thailand
Posted in Adjustment of Status, F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 1 Comment »

The K1 visa was designed to provide a means and method for foreign fiancees to travel to the United States of America in order to be reunited with their US Citizen loved one. It is commonly referred to as a Fiancee visa because that is this visa’s intended use. The major upside of the K1 visa is the fact that it has the fastest processing time when compared to marriage visas such as the K3 visa and CR1 visa. However, the K1 visa does require that the applicant adjust status to lawful permanent residence after entry in the United States. Generally, this process takes approximately 6 months from application submission until final adjustment decision.

An I-601 waiver is necessary for those who have been found inadmissible to the United States based upon one of the legal grounds of inadmissibility found under the provisions of the United States Immigration and Nationality Act. In Thailand, the two most common grounds of inadmissibility are the result of factual findings that the applicant engaged in prostitution within 10 years prior to the application’s submission or a finding that the applicant overstayed in the United States while present on a prior US visa.

Many pose the question: if My Thai fiancee is approved for one of the aforementioned waivers, will she need to ever deal with the issue again? The short answer: no. Once an I-601 waiver application is approved it is binding upon later proceedings. Therefore, if the Office of the United States Citizenship and Immigration Service (USCIS) in Bangkok approves a waiver application, then that holding based upon those facts will be respected by a local USCIS office adjudicating all later matters that have to do with the alien’s presence in the United States.

An example of how this can play out: a Thai fiancee is denied for a K1 visa based upon a legal grounds of inadmissibility, the case is forwarded to USCIS Bangkok pursuant to an application for an I-601 waiver, the I-601 waiver application is approved, the case is forwarded back to the Consulate at the US Embassy, the US Consulate issues the visa, the applicant travels to the USA, is lawfully admitted, marries the American Citizen fiance, and applies for adjustment of status. In this scenario, the prior waiver would be recognized during the adjustment proceedings and therefore the issue would likely not be re-visited. The major upside to a waiver being approved overseas is the fact that it provides certainty as to how the process will move forward and may also be beneficial because waiver issues will be put to rest outside of the jurisdiction in which the American Citizen resides.

Tags: CR1 Visa, I-601 Waiver, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Consulate, US Consulate Chiang Mai, US Embassy, us embassy bangkok, US Visa, US Visa Thailand, US Visa Waiver, USCIS, USCIS Bangkok
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS, Visa Waiver | No Comments »

When visa applications are submitted they process through the US Immigration system. The process depends upon the type of visa being sought. In situations in which applicants are seeking a K1 visa, K3 visa, CR1 visa, or IR1 visa the process is often routine, but many get through the entire process to find themselves confronted with a 221(g) refusal. AILA recently distributed an article dealing with this issue as it now has an impact upon those who utilize the Visa Waiver program and ESTA (the Electronic System for Travel Authorization) when traveling to the USA. To quote the publication’s section on 221(g) refusals:

“Section 221(g) of the INA provides for a temporary refusal when an otherwise qualified visa applicant is found to be lacking a specific document, or when a consular officer determines that additional security clearance is required. Consular officers beneficially use 221(g) as a way of affording applicants every opportunity to supplement their applications in order to address concerns – such as possible fraud – that arise at the visa interview. Once the deficiency is satisfied, or the concern resolved, 221(g) refusal is “overcome” and the visa may be issued.”

221(g) denials can truly be a boon to both the Consular Officer and the Immigration attorney as it provides a clear indication of what needs to be presented in order to facilitate visa issuance. That being said, Consular Officers can re-issue 221(g) refusals, but this rarely occurs as many officers seem to make a point of ensuring that all other documents are compiled before issuing an initial 221(g).

Many people wish to know information regarding common reasons for 221(g) refusal. AILA provides a brief overview of the common reasons for this type of denial. To further quote the aforementioned publication:

“1. The applicant is asked to provide additional supporting documents, such as proof of local employment;
2. The applicant is employed in a field listed on the Technology Alert List (TAL) and the consular officer requests a Visas Mantis Security Advisory Opinion (“SAO”). (This is one of the most common scenarios in which applicants in India, China and elsewhere are told their applications require “administrative processing.”)
3. The consular officer requests an Advisory Opinion from the Visa Office on the applicability of one of the statutory grounds of inadmissibility.
4. There are no empty visa pages in the applicant’s passport, or the application photograph does not meet quality standards.
5. The applicant’s petition approval is not yet listed in PIMS.”

In many cases, 221(g) refusals are routine and they usually do not have a detrimental impact upon travelers to the USA. However, in recent months it has been announced that the Customs and Border Protection (CBP) Service treats 221g refusals as denials when posing the question “have you ever been denied a visa to the USA” on the ESTA registration form. It would appear that the ESTA system “red flags” those who have been “denied” a prior visa and asks that some of these applicants receive an actual visa (in most cases a US tourist visa) before traveling to the USA which could cause delays to those wishing to enter the country.

Currently, the Kingdom of Thailand does not participate in the American Visa Waiver Program so this issue with CBP will have little impact for Thai nationals traveling to the United States. However, people in Thailand who hold the nationality of a country which participates in the Visa Waiver Program may be effected by this new regulation if they are presented with a 221(G) denial by a Consular Officer at the US Embassy in Bangkok.

Tags: AILA, American Visa Thailand, CBP, CR1 Visa, CR1 Visa Thailand, ESTA, IR1 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Tourist Visa, US Visa, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

In a recent article disseminated by AILA, Mr. Brent Renison discussed issues involving the so-called “widow’s penalty” (or “Widow Penalty”) and how recent legislation has been enacted to end the imposition of penalties imposed upon foreign spouses in the event that their US Citizen or Lawful Permanent Resident spouse should pass away before the adjudication of an adjustment application or an application for a lift of conditions of lawful permanent residence. To quote the article:

“The “widow penalty”, whereby spouses of U.S. citizens and their children faced automatic denial of a visa petition if the death of the spouse occurred prior to adjudication and prior to two years of marriage, effectively ended upon the passage of § 568(c).2 That section removes the two-year marriage requirement from the current law that permits widows and widowers (“widow(er)s”) of U.S. citizens to file a self-petition for themselves and their children.”

It is still required that the American’s widow demonstrate that the marriage was bona fide when it was entered into:

“By removing the two-year precondition to a current statutory program, Congress retained the widow(er) self-petition procedure including the requirement to show a good faith marriage. The law does not alter the rights of widow(er)s who were married two years or more, who have been able to self-petition since 1990.”

The end of the Widow Penalty hopefully marks the beginning of more compassionate treatment of foreign widows of American Citizens. The aforementioned article goes further in its analysis of the new law and the impact it will likely have upon fiancees and spouses of US Citizens:

“The deletion of the two-year marriage requirement will allow a widow(er) who was married less than two years at the time of the citizen spouse’s death to file a Form I-360 self-petition within two years of the law’s passage, or within two years of the spouse’s death, whichever is later.”

It is interesting that this will likely have an impact upon those who enter the United States upon a K1 fiancee visa:

“This self-petition can be filed concurrently with an Application for Adjustment of Status to Lawful Permanent Resident (Form I-485) if the widow(er) is in the United States pursuant to a lawful entry.”

Therefore, if the fiance of a US Citizen enters the USA on a K1 visa, marries the US Citizen, and the US Citizen dies before the adjustment application is either filed or adjudicated, then it would now be possible for the fiance visa holder to self petition for adjustment in these circumstances. In this author’s opinion, this is an equitable and effective way of dealing with what is already a difficult issue.

If a lawful entry is all that is necessary, then the question must be posed: if an alien enters the USA on a valid tourist visa, marries an American who subsequently dies, would that alien be eligible to submit a self petition for adjustment of status? Hopefully these issues will be handled as the new law is brought into effect.

Tags: American Visa Thailand, CR-1 Visa, CR1 Visa, Fiance Visa Thai, Fiance Visa Thailand, Fiancee Visa Thai, K-1 Visa, K1 Visa, K1 Visa Thailand, Lift of Conditions, Thai Fiance Visa, Thai Fiancee Visa, US Visa Thailand, Widow Penalty, Widow's Penalty
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, Legal Opinion, Miscellaneous, Upcoming Legislation, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In most jurisdictions of the United States of America driving under the influence is considered to be a very serious offense. Commonly known as DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) this offense often carries with it stiff fines and penalties. In Thailand, drunk driving is illegal as well, but in some provinces enforcement of the relevant law can be spotty at best. Thaivisa.com in conjunction with The Nation Newspaper are currently reporting that Thai police are increasing their efforts in enforcing drunk driving statutes. This will likely have a major impact upon drivers in the coming weeks as there are many holidays (both western and Thai) during the month of December. As one of the penalties for drunken driving is license suspension or revocation, a brief overview of the process to obtain a Thai driving license is also appropriate.

To quote Thaivisa.com:

“The government is imposing a strict law against drunk driving, under which violators will be arrested immediately and be subject to prosecution within 48 hours, a Bangkok seminar on road safety was told yesterday.A mandatory fine of between Bt5,000 and Bt20,000 will also be imposed on convicted violators, along with the drivers’ licence being suspended for six months or forever for repeat offenders, judge Prasong Mahaleetrakool said…The law will be strictly enforced during the holiday period.”

This author is happy to see the Thai law enforcement authorities taking an active role in discouraging drunken driving. Foreigners in the Kingdom of Thailand should take note of the possibility of license revocation. Obtaining a Thai driving license can be difficult for foreign national’s as a showing of residence in Thailand is required. Residence in Thailand can be difficult to prove for foreigners as many find it difficult to be registered on a Tabien Baan (House Registration Booklet). Foreign Tabien Baans are not easily issued which is likely due, at least in part, to the fact that many of the officers working at a Thai Amphoe Office (Civil Registrar’s Office) are unaccustomed to issuing them. That being said, registration on a Tabien Baan is not the only method of proving residence and once the foreign national demonstrates his or her residence is in Thailand, then it may be possible to obtain a Thai drivers license. In Thailand, separate licenses are issued for cars and motorcycles. This system is similar to most jurisdictions the USA except that Thai officers at the Transportation office actually issue these two licenses on two different cards rather that putting all of the information on one document.

Since driving while intoxicated could lead to the loss of a foreign national’s Thai driving license, it is both wise and prudent for a foreigner to refrain from drinking and driving in the Kingdom of Thailand. Foreign nationals should also note that a drunk driving offense could also lead to the loss of one’s Thai visa as Royal Thai Immigration authorities would probably take a dim view of one who violates the laws of the Kingdom while in the country on a Thailand visa. Those with a Thai fiancee who is the proposed beneficiary of a K1 visa would also be wise in explaining that a drunken driving charge may have an adverse impact upon her ability to obtain this fiancee visa as the US Embassy takes a dim view of criminal convictions when adjudicating visa applications.

Tags: Drivers License Thai, Drivers License Thailand, Drunk Driving Thailand, Fiancee Visa, K1 Visa, K1 Visa Thailand, Thai Drivers License, Thai Driving License, Thai DUI, Thai DWI, Thai Visa, Thailan DWI, Thailand Drivers License, Thailand Driving License, Thailand DUI, Thailand Visa, Visa Thai, Visa Thailand
Posted in Fiance Visa Thailand, General Legal Information, K1 Visa, K1 Visa Thailand, Legal Opinion, Miscellaneous, Thailand Visa, Upcoming Legislation | No Comments »

Recently, this author was asked about whether or not Thailand and the USA share an extradition Treaty and, if so, what are the ramifications of an American criminal warrant or conviction for those living in Thailand.

Extradition, “is the official process whereby one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal.”

Thailand and the United States currently have an Extradition Treaty. It is similar to the US-Thai Amity Treaty in that it is bilateral, but the subject matter of the Amity Treaty is very different compared to that of an Extradition Treaty. An Extradition Treaty provides a framework whereby the United States authorities can request that a suspect be handed over to the American authorities. That being said, for more information on specific legal citations please see the relevant Wikipedia page.

As Thailand and the United States share an Extradition Treaty, a person with American Criminal Warrants or American Arrest Warrants could be subjected to United States jurisdiction while in Thailand or while traveling between Thailand and another country. Even if not arrested in Thailand, it is always wise for those with criminal warrants or convictions to deal with the matter so that it can be “put to rest.” It is never wise to run from one’s criminal problems.

For those with a prior criminal conviction or pending criminal warrants the issue of passport re-issuance can be critical. The United States Embassy in Bangkok, Thailand and the United States Consulate-General in Chiang Mai assist with new passport re-issuance through their American Citizen Services Sections. If one is currently wanted in a US jurisdiction, then the Consular Officers at American Citizen Services are unlikely to issue a new passport or travel document until the American (or foreign national)  in question returns to the United States to deal with the pending matter.

Of further importance to many non-US Citizens with pending American criminal warrants is the effect of criminal proceedings upon one’s ability to acquire United States Immigration benefits (most importantly, a US visa). If one has an arrest or conviction for domestic violence, this fact could have a major impact upon one’s ability to petition for a K1 visa due to the provisions in the Adam Walsh Act and other relevant US law. Further, if one has a criminal conviction in the US, the underlying facts of the case could lead to a later finding of inadmissibility by a Consular Officer adjudicating a later visa application. In some cases, an I601 waiver may be available for those who are found to be inadmissible. Consulting with an attorney experienced in Immigration matters could provide insight regarding the Immigration ramifications of an American criminal conviction.

An American attorney in Thailand (or southeast Asia) could be of assistance to a client by acting as a liaison with American authorities or with other American attorneys. Simply providing legal advice regarding the impact of one’s prior choices could be a boon to some as well. No attorney can assist in evading US law, but a lawyer licensed in the United States could assist by providing legal counsel and advice regarding the ramifications of a client’s previous decisions.

Tags: American Criminal Conviction Thailand, American Warrant Thailand, Criminal Conviction American Passport, Criminal Conviction US Passport, Criminal Warrant American Passport, Criminal Warrant Thailand, Criminal Warrant US Passport, I-601, I-601 Waiver, I601, I601 Waiver, K-1 Visa, K-1 Visa Thailand, K1 Visa, K1 Visa Thailand, US Criminal Conviction Thailand, US Visa, US Visa Thailand, US Warrant Thailand
Posted in Fiance Visa Thailand, General Legal Information, K1 Visa, K1 Visa Thailand, Legal Opinion, Miscellaneous, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

The United States Department of State is tasked with overseeing the efficient operation of US Embassies and Consulates abroad. Often, State Department headquarters issues instructions to posts abroad using official cables. In US Immigration circles there is a well known cable called “99 State,” otherwise known as 99 State 21138. This cable lays out guidelines for Consular Officers with regard to United States Immigration Attorneys.

The first notable policy outlined in the Cable deals with the relationship between Immigration attorneys and Consular Officers:

“The relationship between consular officers and immigration attorneys can be productive. Consular officers can often learn a great deal from a conscientious attorney, and vice versa.”

There is no doubt in this author’s mind that this is true. Consular officers provide a great deal of assistance when processing visa applications. More than anything, they can provide insight into the underlying policy reasons behind failure to issue a visa. In many cases, the reason for delay is due to a failure to provide pertinent information that the client did not believe was necessary to adjudicate the petition.

The Cable goes further:

“Consular officers should not pass judgment on applicants who choose to employ the services of an attorney. Some people are more comfortable working through an attorney no matter how straightforward or simple the visa case may appear to the consular officer.”

This is one section of the cable that Consular Officers seem to have taken to heart. This author has never felt that Consular Officers look askance at applications where the petitioner or beneficiary has retained an attorney to assist in preparation. With regard to case preparation, the Cable goes further:

“One important service that attorneys provide to their clients is making sure that forms are correctly completed and necessary supporting documentation presented at the time of the interview.”

Consular Officers are required to adjudicate petitions and, if the petitions receive approval, issue visas. In this author’s experience their primary goal seems to be efficient processing of bona fide petitions. Immigration attorneys can enhance the process through documentation compilation and foreknowledge of relevant issues. Those issues that may effect the outcome of a case can be dealt with in such a way that case processing proceeds smoothly. In many ways the Consulate forestalls unforeseen delays through promulgation of consistent rules:

“Posts that establish clear and consistent procedures for responding to attorney inquiries save time and resources in the long run. As with Congressional correspondence, the fuller the explanation of a refusal or a 221(g) decision, the more you will help yourself.”

It has been this author’s experience that Consular staff are very upfront about what they are seeking in a given case. Further, the role of an attorney is clearly defined by the US Embassy Thailand as no one is allowed to be present during the visa interview, this includes American fiances and husbands in K1 visa and K3 visa cases. This being said, attorneys are currently permitted to submit 221(g) follow-up documentation where necessary.

In the years since the distribution of “99 State,” it is this author’s opinion that Consular Officer-Immigration attorney relations are professional, efficient, and cordial and there is no reason to believe that this will not continue to be the case.

Tags: 99 State, Consular Officer, Consulate, Immigration attorney, Immigration attorney Bangkok, Immigration attorney Thailand, K-1 Visa, K-1 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa Thailand, us embassy bangkok, us embassy thailand
Posted in 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 | 26 Comments »

There is some misunderstanding as to an attorney’s role at the Consular processing phase of the US visa process. The Consular processing phase is usually the final visa processing phase as it usually culminates in the issuance of a US visa. In cases involving legal grounds of inadmissibility this may not be the case (as such cases require the extra step of obtaining an I601 waiver), but in a routine family visa application, such as an application for a CR1, K3, or K1 visa, the visa is generally issued soon after the Embassy interview.

Many are under the mistaken impression that an attorney can be present at the visa interview. Although this may be true at some posts, the US Embassy in Bangkok does not permit this practice. Under the provisions of the Foreign Affairs Manual (FAM), US Embassies and Consulates are entitled to set policy regarding attorney representation at the post:

“Each post has the discretion to establish its own policies regarding the extent to which attorneys and other representatives may have physical access to the Consulate or attend visa interviews, taking into consideration such factors as a particular consulate’s physical layout and any space limitations or special security concerns. Whatever policies are set must be consistent and applied equally to all.” [9 FAM 40.4 N12.4]

Although a post has wide discretion with regard to presence therein, the post is required to notify the attorney of record regarding the ultimate status of the application:

“The post must send a notification of the action taken at the time of the final immigrant visa appointment to the applicant’s attorney of record on a locally reproduced nonstandard form letter… If the immigrant visa is refused, you must hand a copy of the refusal letter, and a copy of Form OF-194, The Foreign Service of the United States of America Refusal Worksheet, attached to the form letter to the alien (making sure that the refusal worksheet is retained in the applicant’s visa file).” [9 FAM 40.4 N12.2]

The Foreign Affairs manual goes further by permitting direct correspondence between attorneys and Consular Officers:

“You may correspond directly with the applicant’s representative of record, even in cases where the applicant is physically present in the United States, unless the applicant requests otherwise.” [9 FAM 40.4 N12.1]

Importantly, the Foreign Affairs Manual requires that an attorney licensed in the US, but practicing abroad, be accorded those same courtesies granted to attorneys practicing in the USA:

“You must extend to a U.S. attorney who has been practicing abroad and is a member of a State bar association or to a local attorney-at-law, the same courtesies in correspondence that are extended to an attorney practicing in the United States…” [9 FAM 40.4 N12.3]

In this author’s experience, the US Embassy in Bangkok, Thailand diligently adheres to the rules in the Foreign Affairs Manual while exercising reasonable discretion in order to efficiently process a very large caseload. Although not permitted to be present at the visa interview, a US visa lawyer in Thailand can provide a great deal of insight into the final phases of the US visa process.

For more information on the Foreign Affairs Manual please see the US Department of State Website by clicking here.

Tags: CR1 Visa Thailand, FAM, Foreign Affairs Manual, K-1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Immigration Lawyer Thailand, us visa lawyer thailand, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

The United States Citizenship and Immigration Service (USCIS) routinely issues updates regarding the processing time estimates for cases submitted at USCIS Service Centers in the United States of America. Since this website is dedicated to United States Family visas such as the CR1 visa, IR1 visa, K1 visa, and K3 visa; we have only displayed the processing times for the service centers which process these applications. For more information please see the new USCIS website.

The following are the processing times for the USCIS California Service Center as of September 30, 2009:

The following are the processing times for the USCIS Vermont Service Center as of September 30, 2009:

It should be noted that these processing times are only estimates and every Immigration petition is unique in that it processes at its own pace. Further, these processing times are only relevant with regard to USCIS. The US Embassy in Bangkok and the US Consulate in Chiang Mai process applications after they have received USCIS pre-approval.

Tags: American Embassy Bangkok, American Visa Thailand, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Processing Times, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Processing Times, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »