Integrity Legal

A frequently asked question from those Americans with a special someone in Indonesia is: “Can I get my Indonesian girlfriend (or boyfriend) a US Tourist Visa?” In many cases, the answer to this question is: No. However, a better understanding of the relevant laws and regulations  can be highly illuminating for those with an Indonesian significant other.

Many Americans are unfamiliar with section 214 (b) of the United States Immigration and Nationality Act. This legislation creates a legal presumption that an American Consular Officer must take into consideration when adjudicating non-immigrant visa applications. The section requires the Consular Officer to presume that the applicant for a non-immigrant visa is actually an undisclosed intending immigrant unless the applicant can produce strong evidence to the contrary. This creates a so-called “strong ties” vs. “weak ties” analysis whereby the applicant must show “strong ties” to their native country, or another country outside of the United States of America and “weak ties” to the USA. Therefore, the Indonesian girlfriend (or boyfriend) of an American Citizen (or Lawful Permanent Resident) must show that they have strong ties to Indonesia and weak ties to the USA. In general, the mere existence of an American significant other is enough to mitigate against many “strong ties” outside of the USA and thereby lead to a denial of an American B2 tourist visa application.

The reason for this state of affairs is first due to the fact that the the presumption contained in section 214b is quite stringent when applied to the facts of many individual cases. Many who are rejected under this provision feel that the denial is some sort of personal rejection. Nothing could be further from the reality of the situation as a US Consulate or US Embassy will routinely issue these denials for no reason other than the application of relevant law. Meanwhile, there are some who speculate that part of the reason for the relative increase in these denials over the course of the past 10 years is due in part to the tragedy of 9/11 which lead to increased scrutiny of all immigrant and non-immigrant visa applications. Furthermore, there have been those who inappropriately use the US tourist visa to circumvent the comparatively longer processing time associated with a US fiance visa (K1 visa) or a US Marriage Visa (K3 Visa, CR1 Visa, IR1 Visa).

Those who have a foreign girlfriend (or boyfriend) and can show genuine ties to countries abroad may still be able to get a US Tourist Visa. That said, this post is merely meant to explain the relatively higher denial rate that seems to exist in B2 visa applications for the significant others of Americans. Those with a bona fide relationship and genuine intentions may be able to obtain an American fiance visa or marriage visa, but it should be noted that no one should ever enter into a relationship strictly to obtain visa benefits. A family based visa application should be based upon a bona fide relationship.

For related information please see: US Visa Cambodian Girlfriend or K1 Visa Indonesia.

Tags: American Embassy Indonesia, American Embassy Jakarta, American Tourist Visa, American Visa Indonesia, B2 Visa, CR1 Visa, Fiance Visa, Immigrant Visa, IR1 Visa, K1 Visa, K3 Visa, Non-Immigrant Visa, Non-Immigrant Visa Unit, US Embassy Indonesia, US Embassy Jakarta, US Fiance Visa, US Tourist Visa, US Visa Indonesia
Posted in CR1 Visa, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, US Embassy Indonesia, US Embassy Jakarta, US Tourist Visa, US Visa, US Visa and Immigration | No Comments »

Those with pending visa petitions and applications may have only had a passing experience dealing with the National Visa Center. For example, the National Visa Center plays a rather small role in the K1 visa process. Meanwhile those seeking a CR1 Visa or an IR1 Visa have probably had extensive dealings with the National Visa Center (NVC). In recent weeks, the NVC changed some of their processing policies for certain US Marriage Visas. Therefore, many of those seeking K3 Visa benefits have seen their application “administratively closed” by the NVC where the underlying I-130 arrived prior to, or contemporaneously with, the I-129f petition. In a recent announcement from the American State Department it was announced that NVC has begun a pilot program that many hope will eventually lead to simplification of the NVC document compilation process. To quote directly from the State Department’s announcement, as distributed through AILA:

The Immigrant Visa Electronic Processing Program is a pilot project which uses electronic communication and documentation methods to simplify and accelerate the immigrant visa application process. This program uses e-mail for communication and submission of all forms and documents to the NVC using the Portable Document Format (PDF). Under the Electronic Processing Program all forms will be downloaded, completed, signed (if required), scanned, saved as PDF files, and e-mailed to the NVC. Required civil documents and supporting documents must be converted to PDF files by scanning and e-mailed to the NVC. After the NVC has completed processing the applicant’s petition, the applicant will need to present the original physical documents to the US Embassy/Consulate at the time of the applicant’s visa interview. Failure to do so may cause a delay or denial of the visa being sought.

It is this author’s opinion that this policy change will have a tremendous impact upon the US visa process and will likely lead to faster visa processing in general. It will be interesting to see how this new program will impact US Consular Processing abroad. As noted in the announcement, original documentation will not be required by the NVC in some cases. Those who did not remit original documentation to the NVC may need to do so at the visa interview which usually occurs at a US Embassy or US Consulate with appropriate jurisdiction. Those who fail to remit such documentation may be subjected to a 221g refusal. In some cases, issuance of a 221g can delay a case by weeks, or in a limited number of cases the case could be delayed by months.

That said, those seeking visas to the United States are still well advised to seek the assistance of a competent licensed American attorney from the USA. Regardless of increased processing efficiency, there are many factors which can affect a visa application and competent advice and counsel can forestall unforeseen problems.

For related information please see: US Attorney Thailand.

Tags: 221(g) refusal, 221g, 221g denial, Consular Processing, CR1 Visa, Fiance Visa, IR1 Visa, K1 Visa, K1 Visa Process, K1 Visa Thailand, K3 Visa, K3 Visa Process, National Visa Center, NVC, US Attorney Thailand, US Consulate, US Embassy, US Visa Process, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, Legal Opinion, 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 Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Myanmar, US Embassy Nauru, 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 Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »

The United States L-1 visa can be a very useful travel document for those who wish to work in the United States for a multi-national corporation. In recent months, many of the fees associated with visa processing have increased. For example, the Consular Processing fees for the K1 visa and the K3 Visa have risen as demands upon resources required an adjustment of costs payable by customers. Other visa categories were also subjected to fee increases.

The L1 visa is the latest subject of a fee increase as noted by the American Immigration Lawyers Association (AILA) in this quotation from a press release distributed through their network:

WASHINGTON—On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after Aug. 14, 2010, and will remain in effect through Sept. 30, 2014.

These additional fees apply to petitioners who employ 50 or more employees in the United States with more than 50 percent of its employees in the United States in H-1B or L (including L-1A, L-1B and L-2) nonimmigrant status. Petitioners meeting these criteria must submit the fee with an H-1B or L-1 petition filed:

• Initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 101(a)(15), or

• To obtain authorization for an alien having such status to change employers. USCIS is in the process of revising the Petition for a Nonimmigrant Worker (Form I-129), and instructions to comply with Public Law 111-230.

To facilitate implementation of Public Law 111-230, USCIS recommends that all H-1B, L-1A and L-1B petitioners, as part of the filing packet, include the new fee or a statement of other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation of whether the fee is required in bold capital letters at the top of the cover letter. Where USCIS does not receive such explanation and/or documentation with the initial filing, it may issue a Request for Evidence (RFE) to determine whether the petition is covered by the public law. An RFE may be required even if such evidence is submitted, if questions remain. The additional fee, if applicable, is in addition to the base processing fee, the existing Fraud Prevention and Detection Fee, and any applicable American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee, needed to file a petition for a Nonimmigrant Worker (Form I-129), as well as any premium processing fees, if applicable.

A Request For Evidence (RFE) is analogous to the 221g refusal in that both are requests for further documentation. These types of requests essentially “freeze” the application or petition until the Petitioner, Beneficiary, or their attorney provides the requested documentation or evidence. That said, waiting too long to respond can cause problems as the case could be deemed to have been abandoned. Generally, such forms are issued when the adjudicating officer feels that further evidence is necessary in order to decide the case.

Those interested in learning more about RFEs and visa refusals should see: US Visa Denial

To learn more about L1 visas in the context of American LLC formation please see: US Company Registration.

Tags: 221g, American LLC, K1 Visa, K3 Visa, L1 Visa, LLC, Request For Evidence, RFE, US Business American Business, US Company Registration, us visa denial, visa denial, Visa Refusal
Posted in K1 Visa, K3 Visa, L1 Visa, US Business, US Company Registration, 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 Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Myanmar, US Embassy Nauru, 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 Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US LLC, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | 1 Comment »

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 »

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 »

This author has recently been informed that the United States Citizenship and Immigration Service (USCIS) is poised to conduct a thorough policy review which will delve into USCIS’s customer service procedures and look for ways to improve the US immigration system. As a first step, USCIS announced that a public survey would be conducted. Below are excerpts from a USCIS press release (distributed by the American Immigration Lawyers Association [AILA]), which outlines the purpose of the policy review and provides guidance regarding further methods of information gathering in an effort to improve USCIS customer service policies:

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) has announced the results of a public survey that launched the USCIS Policy Review, an unprecedented, top-to-bottom examination of the agency’s adjudication and customer-service policies. The survey results helped USCIS select the first 10 issue areas to address in the agency-wide review.

Informed by the survey responses, the agency’s needs, and input from the workforce, the USCIS Policy Review will begin by examining policies in the following issue areas: National Customer Service Center; Nonimmigrant H-1B; Naturalization and Citizenship; Employment-based Adjustment of Status; Family-based Adjustment of Status; Employment-Based Preference Categories 1, 2 and 3; Refugee and Asylum Adjustment of Status; Form I-601; General Humanitarian; and Employment
Authorization and Travel Documents.

“As an agency, we must achieve consistency in the policies that guide us and in how we implement them for the public benefit,” said USCIS Director Alejandro Mayorkas. “To achieve that critical goal, we are partnering with the public in this major undertaking to review our adjudication and customer-service policies. We will work collaboratively toward the shared objectives of consistency, integrity, transparency and efficiency.”

In April 2010, USCIS issued a survey that asked any interested member of the public, as well as its own workforce, to help identify the issue areas that the agency should examine first. USCIS received approximately 5,600 survey responses from diverse stakeholders. Those results are now available, along with a summary developed by USCIS’s new Office of Performance and Quality.

Some have questioned the need for such a survey as there are those who feel that USCIS’s current policies do not need improvement. Clearly, this is not the official view of USCIS as can be evidenced by the following statement:

On April 15, 2010, U.S. Citizenship and Immigration Services (USCIS) launched the USCIS Policy Review, an unprecedented, top-to-bottom examination the agency’s adjudication and customer service policies with the engaged participation of the USCIS workforce and the public. USCIS issued a survey that asked any interested member of the public, as well as its own workforce, to help identify the issue areas that the agency should examine first. Nearly 5,600 stakeholders responded to the survey, representing current immigrant and non-immigrant visa holders, employers, immigration attorneys and advocates, among others, in addition to responses from approximately 2,400 members of the USCIS workforce. Those responses helped USCIS select the first 10 issue areas to address in the agency-wide review. USCIS is now convening working groups to review the first 10 issue areas.

The press release went further than merely providing information regarding this important policy review. In an effort to provide the public with relevant information, the United States Citizenship and Immigration Service (USCIS) also provided a “Q & A” component to the recent press release. The following are questions and answers arising in connection with USCIS’s policy review initiative:

Questions and Answers

Q. What is the USCIS Policy Review?

A. The USCIS Policy Review is a comprehensive review of policy, guidance, and procedures related to our adjudications and customer service. The Policy Review is divided into four stages: (1) assembling and categorizing existing policy documents; (2) deciding which issue areas to review first, with input from surveys of the workforce and external stakeholders; (3) completing a review of policies in each identified issue area; and (4) consolidating and publishing updated policy documents (as appropriate), once approved.

Q. How does the Policy Review advance major goals already established for USCIS and the Department of Homeland Security (DHS)?

A. In the 2010 Quadrennial Homeland Security Review (QHSR), DHS identified the effective administration of the immigration system as a key priority. In particular, the QHSR emphasized the importance of a system that produces fair, consistent and prompt decisions for the public it serves. The Policy Review is designed to ensure that USCIS meets that standard in its work.

Q. How does the Policy Review relate to USCIS’s responsibilities and authority under federal law?

A. By law, USCIS is charged with setting policies and priorities for the administration of immigration services. USCIS will be reviewing those policies in our current effort. If the Policy Review identifies the need for proposed regulatory changes, we will fully engage in the federal rulemaking process. The purpose of the Policy Review is not to develop proposed changes to the immigration statutes established by Congress.

Q. Will the Policy Review change USCIS policy?

A. In many cases, yes. Working groups will evaluate policy based on USCIS goals, legal requirements and stakeholder concerns. These working groups will draft updated policy documents and proceed through USCIS’s policy-approval process. If the Policy Review identifies the need for proposed regulatory changes, USCIS will fully engage in the federal rulemaking process.

Q. What happens to existing policies during the course of the Policy Review?

A. While the Policy Review is underway, all policies already in place remain in full force and will be honored. From time to time in the course of the agency’s operations, policy issues may arise that require immediate attention outside the course of the formal Policy Review. We will continue to give these issues immediate attention as the need arises.

Q: What prompted the Policy Review?

A. USCIS is committed to ensuring that our policies are consistent and up to date. To that end, the agency has launched the USCIS Policy Review to examine our policies with input from the public it serves and from its workforce.

Q. Has USCIS previously undertaken a comprehensive review of its policies?

A: No. The effort to undertake a top-to-bottom review of our adjudication and customer service policies is an unprecedented initiative for USCIS.

Q. How will USCIS seek the public’s input during the Policy Review?

A. In keeping with our commitments to customer service and transparency, USCIS will engage practitioners, advocates, businesses, applicants, and other interested stakeholders throughout the course of the Policy Review. The survey was the first opportunity for stakeholders to participate. As we review policies in specific issue areas, we will offer a number of further opportunities for the public to offer input. For example, in some issue areas, we will conduct public meetings to solicit stakeholders’ views on specific policy matters. In many cases, we will also published drafts of new or revised policy memoranda on our website for public comment, now a regular step in USCIS’s policy development process.

Q. What did the survey ask?

A. The survey asked any interested member of the public, as well as the USCIS workforce, to help identify the issue areas that the agency should examine first. The survey also included comment sections.

Q. How many people responded to the survey?

A. Nearly 5,600 external stakeholders responded to the survey, representing current immigrant and nonimmigrant visa holders, employers, immigration attorneys and advocates, among others. Nearly 2,400 members of the workforce from USCIS offices worldwide also participated in the survey.

Q. How has USCIS used the survey results?

A. The survey results helped USCIS identify which issue areas to address first in its agency-wide review. USCIS considered quantitative and qualitative feedback from the surveys along with operational and programmatic needs to develop the initial list of issue areas for review.

Q. In addition to the survey, what progress has USCIS made in the Policy Review?

A. USCIS has assembled thousands of existing policy documents and categorized them into issue areas. USICS is now convening internal working groups to begin examining and evaluating the policy documents in the first 10 issue areas.

Q. What is the expected length and scope of the Policy Review?

A. The Policy Review is a multi-year effort designed to work thoughtfully through thousands of policy documents, many of which overlap or complement each other, in collaboration with the USCIS workforce and external stakeholders. New policy documents, once drafted, will be submitted through the USCIS clearance process, with many posted on the USCIS website for public comment.

At the time of this writing, there have been relatively few changes in the law regarding US Family Visas. Although administrative and regulatory changes have had a significant impact upon processing of the US Marriage Visa and the US fiance visa. That said, the recent fee increase for Consular Processing of the K1 visa (fiance visa) and the administrative closure of K3 Visa applications by the National Visa Center were promulgated by the Department of State (DOS) as there has been little recent change in the fee structure and administration of USCIS’s adjudication of family based visa petitions.

This author is of the opinion that this unprecedented policy review should be welcomed as it may herald further improvements to the American Immigration system and provide immigrants and Americans with better overall service. One must applaud USCIS for taking the initiative and promoting positive change.

For related information from the perspective of Southeast Asia please see: K1 Visa Thailand.

Tags: Administrative Closure, American Fiance Visa, American Immigration, American K1 Visa, American K3 Visa, American Marriage Visa, American State Department, American Visa, Department of State, DOS, K1 Visa, K1 Visa Thailand, K3 Visa, National Visa Center, United States Citizenship and Immigration Service, US Fiance Visa, US Immigration, us k1 visa, US K3 Visa, US Marriage Visa, USCIS, USCIS policy review
Posted in Department of Homeland Security, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, Legal Opinion, National Visa Center, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | 1 Comment »

This author recently discovered that the United States Embassy in China has announced that those seeking non-immigrant visas to the United States of America may seek such travel documents at any US Consulate in China. To quote directly from the website of the American Embassy in China:

Residents of China may apply for a non-immigrant visa at any U.S. Consular Section in China, regardless of the province or city of residence.  We have Consular Sections at the U.S. Embassy in Beijing and the U.S. Consulates General in Chengdu, Guangzhou, Shanghai, and Shenyang.

Although the basic application process is the same, specific times and application procedures at each visa issuing office can vary.  Before applying for a visa, applicants should check each post’s web site for procedures specific to that post.

The U.S. Embassy and Consulates in China provide the following estimates of the next available non-immigrant visa interview appointment date for your reference.  Please be aware appointments are scheduled continuously, and the next available appointment date can change dramatically on short notice.

All appointments must be booked through the Visa Information Call Center at 4008-872-333, which has the most current information about appointment wait times.  Specific appointment procedures can be found here: http://beijing.usembassy-china.org.cn/niv_appointment.html.

The information below is a rough guide only.  Please note this information was last updated on 21 Jul, 2010.

Business/ tourist visa appointments (B1, B2, and B1/B2 visa classes)

As of the date above, this post is booking…	… appointments for the following date:
U.S. Embassy Beijing	3-Aug
U.S. Consulate General Chengdu	19-Aug
U.S. Consulate General Guangzhou	17-Aug
U.S. Consulate General Shanghai	23-Aug
U.S. Consulate General Shenyang	31-Aug

Student (F, M, J visa classes)

As of the date above, this post is booking…	… appointments for the following date:
U.S. Embassy Beijing	28-Jul
U.S. Consulate General Chengdu	6-Aug
U.S. Consulate General Guangzhou	27-Jul
U.S. Consulate General Shanghai	19-Aug
U.S. Consulate General Shenyang	4-Aug

Appointment wait times for particular groups such as petition-based employment applicants, group leisure tours, Amcham applicants, and public affairs passport holders may be different.  Please contact the Visa Information Call Center at 4008-872-333 for more information.

If you require an earlier visa appointment for immediate travel for urgent medical treatment, to meet the start date on your I-20 or DS-2019 form, or for another emergency reason, please see our information about expedited appointments http://beijing.usembassy-china.org.cn/niv_expedite.html.

The information on how to apply can be found below:

The U.S. Consulate in Chengdu:
http://chengdu.usembassy-china.org.cn/appointment.html

The U.S. Consulate in Guangzhou:
http://guangzhou.usembassy-china.org.cn/niv-how-to-apply.html

The U.S. Consulate in Shanghai:
http://shanghai.usembassy-china.org.cn/how_to_apply.html

The U.S. Consulate in Shenyang:
http://shenyang.usembassy-china.org.cn/consular5.html

The U.S. Consulate in Hongkong:
http://hongkong.usconsulate.gov/niv_apply.html

It is interesting to note this recent policy shift as most US Diplomatic and Consular missions in other countries require the applicant to apply for their non-immigrant visa at the Consulate with jurisdiction over the place of residence of the applicant. However, these jurisdictional rules may be altered by officials of the Department of State depending upon the prevailing circumstances in the host country. That said, China is a unique country insofar as it has a large landmass as well as a massive population. As a result, special considerations probably ought to be taken into account when discussing those issues associated with optimally serving those Chinese nationals wishing to travel to the USA.

As the economic and diplomatic relationships between the USA and China become increasingly close, Immigration matters will become more important for those conducting Sino-American business or for those from China who simply wish to visit the United States for recreational purposes.

It should be noted that the above announcement would seem to only apply to those seeking non-immigrant visas such as the B2 visa or the F1 visa. Therefore, the above information does not appear, at the time of this writing, to be applicable to those seeking an Immigrant visa such as a CR1 Visa or an IR1 Visa. Furthermore, it would also seem as though those seeking visa benefits under the K visa category (K1 visa, K2 visa, K3 Visa, K4 visa, etc.) will not be able to “forum shop” for the Post of their choice for the ultimate visa interview.

For more information about US Immigration from China please see: US Visa China.

Tags: American Visa China, China, CR1 Visa, Fiance Visa, Fiance Visa China, IR1 Visa, K1 Visa, K1 Visa China, K2 Visa, K3 Visa, K4 Visa, US Consulate, US Embassy China, US Immigration China, US Visa China
Posted in CR1 Visa, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, US Consulate ChengDu, US Consulate Guangzhou, US Consulate Shanghai, US Consulate Shenyang, US Consulate Wuhan, US Embassy Beijing, US Embassy China, US Tourist Visa, US Visa, US Visa and Immigration | 1 Comment »

In a recent press release from the United States Citizenship and Immigration Service (USCIS) it was announced that a fee waiver form has been proposed in an effort to streamline the process whereby indigent aliens in the USA apply for relief from Immigration fees. To quote the announcement, as promulgated by USCIS and distributed by the American Immigration Lawyers Association (AILA):

U.S. Citizenship and Immigration Services (USCIS) has proposed for the first time a standardized fee waiver form in an effort to provide relief for financially disadvantaged individuals seeking immigration benefits…

Apparently, the current version of the fee waiver form is the product of time, research, and study as USCIS has attempted to provide relief to those who cannot pay the government processing fees while still maintaining the integrity of the overall system. To quote the aforementioned announcement further:

The proposed fee waiver form is the product of extensive collaboration with the public. In meetings with stakeholders, USCIS heard concerns that the absence of a standardized fee waiver form led to confusion about the criteria that had to be met as well as the adjudication standards. USCIS worked with stakeholders in developing the fee waiver form that is now posted for comment. “Our goal is to bring clarity and consistency to our processes,” said USCIS Director Alejandro Mayorkas. “We are doing so now in the critical area of providing the financially disadvantaged with access to immigration benefits.”

Mayorkas further stated that the method by which the proposed fee waiver form was devised – through extensive collaboration with the public – will be a hallmark of his approach to improving agency processes. Currently, applicants requesting a fee waiver must do so by submitting an affidavit or unsworn declaration requesting a fee waiver and stating the reasons why he/she is unable to pay the filing fee. The new proposed fee waiver form is designed to verify that an applicant for an immigration benefit is unable to pay the fee for the benefit sought. The proposed form provides clear criteria and an efficient way to collect and process the information.

It is admirable to see USCIS taking an active interest in providing relief to those customers who are truly in need. That said, it remains to be seen how this proposal will be received particularly in light of the fact that USCIS has recently announced shortfalls in its budget. Some feel that providing this type of relief runs counter to the notion of USCIS as a self-funded agency. In any case, this author hopes to see this proposal passed if it increases the probability of providing much needed assistance to those wishing to travel to, or remain in, the United States of America for bona fide reasons.

Tags: American Visa, CR1 Visa, Fiance Visa, IR1 Visa, K1 Visa, K3 Visa, United States Citizenship and Immigration Service, US Immigration, US Immigration Fee Waiver, US Visa, US Visa Fee Waiver, US Visa Petition, US Visa Waiver, USCIS, USCIS Costs, USCIS fees, USCIs processing fees
Posted in CR1 Visa, Department of Homeland Security, K1 Visa, K2 Visa, K3 Visa, L1 Visa, Upcoming Legislation, US Visa, US Visa and Immigration, USCIS | No Comments »

As regular readers will likely note, we try to provide relevant and useful information to those interested in obtaining a US family visa from abroad. Below are the processing times for the United States Citizenship and Immigration Service (USCIS) Centers which process Immigrant and non-immigrant family based petitions for visas such as the K1 visa, the K3 Visa, the CR1 Visa, and the IR-1 Visa. The following processing time estimates for the California Service Center were quoted directly from the USCIS website:

As USCIS has two service centers which handle Family based Immigration adjudications it is fitting to post both both sets of processing time estimates. The following processing time estimates for the California Service Center were quoted
directly from the USCIS website:

If a family based petition is adjudicated and approved by USCIS, then it will be forwarded to the National Visa Center in New Hampshire where it will be processed and sent to the the US Embassy or US Consulate with appropriate jurisdiction. For further information about US Family Immigration generally please see: US Marriage Visa.

Tags: advance parole, CR1 Visa, E2 Visa, Fiance Visa, I-131, IR1 Visa, K1 Visa, K3 Visa, L1 Visa, National Visa Center, Spouse Visa, US Marriage Visa
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In a recent announcement from the American Department of State it was revealed that those agencies tasked with issuing US visas are to add security features to American travel documents issued to foreign nationals. To quote the announcement as posted on the American Immigration Lawyers Association (AILA) website:

This public notice announces an amendment to the Biometric Visa Program. Section 303 of the Enhanced Border Security and Visa Entry Reform Act of 2002 has required, since October 26, 2004, that all visas issued by the Department must be machine-readable and tamper-resistant and use biometric identifiers. In consultation with the Department of Homeland Security (DHS) and the Department of Justice (DOJ), the Department determined that fingerprints and a photo image should be required as biometric identifiers. When the biometric visa program began, available technology allowed for the efficient capture and comparisons of only two fingerscans. As a result of technological improvements, the Department instituted a ten fingerscan standard to raise the accuracy rate in matching fingerscans and enhanced our ability to detect and thwart persons who are eligible for visas.

As implied above, the Department of States is not the only American agency which will have a role in creating more effective security enhancements for American visas. The Department of Homeland Security will also play a part in this important endeavor. To further quote the announcement posted on the AILA website:

In establishing the Biometric Visa Program, the Department coordinated closely with the Department of Homeland Security (DHS). The Biometric Visa Program is a partner program to the DHS US-VISIT Program that is in effect at U.S. ports of entry and that uses the same biometric identifiers. By coordinating these two programs, the two departments have ensured the integrity of the U.S. visa. This is accomplished by sending the fingerscans and photos of visa applicants to DHS databases. When a person to whom a visa has been issued arrives at a port of entry, his or her photo is retrieved from a database and projected on the computer screen of the Customs and Border Protection officer. The person’s fingerscans are compared to the fingerscans in the database to ensure that the person presenting the visa is the same as the person to whom the visa was issued.

The new security features are likely be used for visa categories such as the K1 visa, the K3 Visa, and the common US Family Immigrant visas (CR1 Visa, IR1 visa) not to mention the non-immigrant visa categories such as the B1 visa and the B2 visa. That said, it seems unlikely that this will have an adverse impact upon those who seek a US visa in compliance with relevant US law.

Although the full-scale implementation of this program has yet to take effect, there are many who feel that more effective security measures will help ensure that there will be less fraud perpetrated against the United States government by foreign nationals wishing to illegally enter the USA.

For further information specifically related to US Consular Processing in Thailand please see: US Embassy Thailand.

Tags: B1 visa, B2 Visa, Consular Processing, CR1 Visa, Fiance Visa, IR1 Visa, K1 Visa, K3 Visa, us embassy thailand, US Visa
Posted in CR1 Visa, Department of Homeland Security, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Consulate ChengDu, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, 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 Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Tourist Visa, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »