Integrity Legal

Laos is a landlocked country in Southeast Asia. In recent years it has become a popular destination among back-pack tourists as well as those wishing to see the majestic splendor of Laos’ natural beauty. As is often the case in countries around the globe, a US Embassy provides services to those seeking a US visa or a other services which can be provided either through the Consulate proper or the American Citizen Services Section. Those wishing to travel to an Embassy are generally advised to check the hours of operation and the local holiday closing schedule in an effort to forestall an unnecessary trip to the Embassy due to Post closure. The following is a direct quote from the official website of the US Embassy in Laos:

Holidays 2010

Date	Day	Holiday	Lao/U.S.
January 1	Friday	New Year’s Day	U.S./Lao
January 18	Monday	Martin Luther King’s Birthday	U.S.
February 15	Monday	Presidents’ Day	U.S.
March 8	Monday	International Women’s Day	Lao
April 14-16	Wed.-Friday	Lao New Year	Lao
April 30	Friday	Lao Labor Day	Lao
May 31	Monday	Memorial Day	U.S.
July 5	Monday	Independence Day	U.S.
September 6	Monday	Labor Day	U.S.
October 11	Friday	Boat Racing Festival	Lao
October 22	Monday	Columbus Day	U.S.
November 11	Thursday	Veterans Day	U.S.
November 19	Friday	That Luang Festival	Lao.
November 25	Thursday	Thanksgiving Day	U.S.
December 2	Thursady	Lao National Day	Lao
December 24	Friday	Christmas Day	U.S.

Substitution days. Please note: According to the prevailing practice in Laos, official holidays which fall on Saturday will be observed on the preceding Friday and Sunday on the following Monday.

As can be gathered

Note: Administrative Days: In addition to the dates above, the consular section will be closed on the following Fridays for administrative days — March 12, June 11, September 10, November 12, and December 10.

Staff at a US Embassy or a US Consulate can usually provide assistance, or insight, regarding documentation such as the Consular Report of Birth Abroad (CRBA), Notarized affidavits, Passports, visa pages, etc. In situations where an American Citizen must travel to the American Citizen Services Section of a United States Embassy or Consulate it may be wise to check the US Embassy’s website in order to ascertain whether or not one can set an appointment online. This makes the situation far less cumbersome for both the American and the Consular Officer as the Post can be prepared ahead of time to deal with the petitioner’s request.

With regard to visas, those petitions which are filed in the USA (such as a K1 visa petition or a K3 Visa petition) must first receive approval from USCIS before the petition will be forwarded to the Department of State and the US Embassy.

For further information, please see: US Visa Laos.

Tags: American Citizen Services, consular report of birth abroad, CRBA, Fiance Visa Laos, K1 Visa, K1 Visa Laos, K3 Visa, K3 Visa Laos, K3 Visa Vientiane, US Embassy Lao, US Embassy Laos, US Embassy Vientiane, US Visa, US Visa Laos
Posted in US Embassy Laos | No Comments »

On this blog, we try to provide information for those individuals (be they American Citizens, Lawful Permanent Residents, or prospective immigrants) who may have business with US Embassies and Consulates overseas. That said, the following information is quoted from the website of the United States Embassy in Beijing, China:

The Embassy is open from 8:00 a.m. to 5:00 p.m. Monday through Friday. We are closed on the following American and Chinese holidays:

Embassy Holidays for 2010

***    January 1          Friday                  New Year’s Day
*       January 18         Monday                Martin Luther King, Jr.’s Birthday
**     February 13-17   Sat-Wed               Chinese (Lunar) New Year
*       February 15        Monday                President’s Day
**     April 5                Monday                Tomb Sweeping Day
**     May 1-3             Sat-Mon               International Labor Day
*       May 31              Monday                 Memorial Day
**     June 16              Wednesday           Dragon Boat Festival
*      July 5                 Monday                 Independence Day
*      September 6        Monday                 Labor Day
**    September 22       Wednesday           Mid-Autumn Festival
**    October 1-5         Fri-Tuesday           Chinese National Day
*      October 11          Monday                Columbus Day
*      November 11       Thursday               Veterans’ Day
*      November 25       Thursday               Thanksgiving Day
*      December 24       Friday                   Christmas Day

Those who may be traveling to any US Embassy or US Consulate abroad are generally wise to at least attempt to make an appointment to visit the Embassy in advance. This is particularly true for those seeking assistance from the American Citizen Services Section of US Missions abroad. In many cases, an appointment can be made in advance and this allows the Consular Officers to better anticipate customer needs thereby streamlining the overall process. Those seeking an appointment should first find the official website of the US Embassy in their country of residence and make scheduling decisions accordingly.

In the case of those seeking visas to the USA, American Consulates generally make visa interview appointment on a “first come, first serve” basis. As each post has different administrative protocols it may be wise to contact an Embassy directly if one is seeking a non-immigrant visa to the USA. In the case of Immigrant visas (or pseudo-immigrant visas such as the K1 visa or the K3 Visa) an appointment for interview is generally made after the Embassy or Consulate receives the prospective immigrant’s application package from the National Visa Center. In some cases, a Direct Consular Filing may be available to those prospective immigrants with an American Citizen spouse residing in the Consular District. In any case, many opt to consult an American lawyer prior to submitting an application or petition for a US Marriage Visa or a US fiance visa.

Tags: American Citizen Services, American Citizen Services Beijing, American Citizen Services China, Direct Consular Filing, K1 Visa, K3 Visa, National Visa Center, Us Consulate Beijing, US Consulate China, US Embassy Beijing, US Embassy China, US Embassy China Holiday Schedule, US Fiance Visa, US Marriage Visa
Posted in K1 Visa, K3 Visa, National Visa Center, US Embassy Beijing, US Embassy China, US Visa | No Comments »

Frequently this author uses this blog to post accurate processing time estimates for the United States Citizenship and Immigration Service (USCIS) Centers in the United States. USCIS is a key agency tasked with adjudicating Immigration petitions prior to possible Consular adjudication at a US Embassy or US Consulate abroad.

The following was quoted from the USCIS website on June 18, 2010. These are the current processing time estimates for the USCIS service center in California:

The following are estimated processing times for the USCIS Service Center in Vermont:

Those interested in bringing a foreign loved one to the United States on a K1 visa, K3 Visa, CR1 visa, or IR visa are advised to remember that the above processing time estimates do not take into account special circumstances, Consular Processing, I-601 waiver adjudication, or I-212 waiver adjudication. Therefore, those interested in obtaining a US visa are wise to consult a US Immigration lawyer prior to making any decisions as different visa categories can process faster relative to other categories.

Due to recent unrest in the Kingdom of Thailand, those processing through that Consular Post may find that it takes a bit longer to get an appointment compared to more tranquil periods. However, it should be noted that the US Embassy in Thailand has diligently worked to clear the backlog caused by the recent Embassy closure and processing is getting back to a state of relative normality.

For further information please see: US Visa Thailand.

Tags: American Visa, Consular Processing, CR1 Visa, How Much Time Does it Take to Get a US Visa, I-212 waiver, I-601 Waiver, IR1 Visa, K1 Visa, K3 Visa, US Consulate, US Embassy, US Visa, US Visa Thailand, USCIS, USCIS Processing Time
Posted in CR1 Visa, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, US Consulate Chiang Mai, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | 30 Comments »

Frequently on this blog the author tries to post information that may be of relevance to future visa seekers. Below is a schedule of the holidays quoted from the website of the US Embassy in Dhaka, Bangladesh:

2010 Mission Holiday Schedule Following is the Holiday Schedule for 2010 that will be observed by all U.S. Government agencies in Bangladesh.

HOLIDAYS		DATES MISSION CLOSED
New Year’s Day	American	December 31, 2009	Thursday
Martin Luther King’s Birthday	American	January 17	Sunday+
Washington’s Birthday	American	February 14	Sunday+
Martyr’s Day (Int’l Language Day)	Bangladeshi	February 21	Sunday
Bengali New Year’s Day	Bangladeshi	April 14	Wednesday
Buddha Purnima#	Bangladeshi	May 27	Thursday#
Memorial Day	American	May 30	Sunday+
Independence Day	American	July 4	Sunday
Shab-e-Barat*	Bangladeshi	July 28	Wednesday*
Labor Day	American	September 5	Sunday+
Shab-e-Quadr*	Bangladeshi	September 7	Tuesday*
Eid-ul-Fitr*	Bangladeshi	September 12	Sunday*
Columbus Day	American	October 10	Sunday+
Durga Puja#	Bangladeshi	October 17	Sunday#
Veterans Day	American	November 11	Thursday
Eid-ul-Azha*	Bangladeshi	November 17 & 18	Wednesday* & Thursday
Thanksgiving Day	American	November 25	Thursday
Victory Day	Bangladeshi	December 16	Thursday
Christmas Day	American	December 26	Sunday+

Please note that, although the Bangladesh Government observes more Bangladeshi holidays than those noted above, only these will be observed for purposes of closing the Embassy.

Notes:		(*) Date subject to appearance of the moon.
		(#) Date subject to change as the religious pundits select an auspicious date based the zodiac,  position of star, moon or other celestial bodies.

(+) American holidays that normally fall on Friday, Saturday or Monday will be observed on the following or preceding workday, due to Sunday-Thursday work week in Bangladesh.

For those with business at any US Embassy or US Consulate overseas it is prudent to note that local events on the ground can have a tremendous impact upon US Embassies and Consulates as staff are generally not required to come to the Post and the Post will cease operation under special circumstances. Therefore, those who must travel to a US Embassy to visit American Citizen Services or the Visa Unit are well advised to call-ahead in order to be certain that the Post is open.

In Consular Processing matters,  Consular closures can delay the visa process. That said, those who still have a case pending with USCIS need to be less concerned with the Embassy’s holiday closing schedule and more immediately concerned with the current USCIS processing times. As the US Family Visa process is bifurcated it is wise to note that three major agencies are involved in the adjudication of US visa cases: USCIS, the National Visa Center, and the US Embassy with appropriate jurisdiction over the Beneficiary. Therefore, those seeking answers as to why the process is delayed would be wise to note which agency is currently in possession of the petition or application.

With regard to processing of certain visa categories, recent Department of State fee increases could have an effect upon the overall immigration process. This is of special importance for those seeking a K1 visa or a K3 Visa.

For further related information please see: US Visa Thailand or US fiance visa.

Tags: American Visa Bangladesh, Fiance Visa Bangladesh, K1 Visa, K1 Visa Bangladesh, K3 Visa, K3 Visa Bangladesh, US Consulate Bangladesh, US Consulate Dhaka, US Embassy Bangladesh, US Embassy Dhaka, US Embassy Dhaka Bangladesh, US Fiance Visa, US Visa Bangladesh, US Visa Thailand, USCIS
Posted in K1 Visa, K3 Visa, L1 Visa, US Embassy Bangladesh, US Embassy Dhaka, US Visa and Immigration, US Visa Thailand, USCIS | 8 Comments »

On this blog, we regularly discuss the US Embassy in Bangkok, Thailand. However, we relatively rarely discuss the US Embassies and Consulates located throughout Southeastern Asia. There are many other American Diplomatic and Consular facilities in Southern Asia and one of those Posts is the US Embassy Jakarta. This Embassy is located in the capital city of Indonesia and routinely processes US visas such as the K1 visa, the K3 Visa, as well as the CR1 and IR1 visa categories. Just like any other US Consulate, the Consulate at the US Embassy in Jakarta is also tasked with adjudicating non-immigrant visa applications for categories such as the B1 visa, the B2 visa, the F1 visa, and the J1 visa (to name just a few).

Recently, this author came across an interesting statement from the US Embassy in Indonesia’s website which is quoted here:

The decision whether or not to hire a lawyer is yours alone.  We cannot tell you whether or not to obtain representation, nor can we recommend any specific lawyers.  If you do hire an attorney or other representative, that person may accompany you to your visa interview but may not/not answer questions on your behalf.  You, the applicant, must answer the consular officer’s questions.  If your case is complicated, or if you cannot devote the necessary care to properly prepare, then we encourage you to find a lawyer qualified in immigration law by visiting www.aila.org.

Generally, each Consulate sets its own rules regarding participation by American attorneys in the Consular processing phase of the US Immigration process. Some posts refuse to allow anyone except the beneficiary into the Consulate on the date of interview (this policy is generally based upon space considerations) while others allow virtually unfettered participation by American attorneys. Many ask: which is the better approach? For the most part, there is no “best” approach to Consular processing as each country is unique and certain considerations in one country may lead to one type of policy while different circumstances in another country results in a different policy decision by the US Consulate in that country. Furthermore, circumstances are always fluid and policies can change. For this reason, it is always wise to frequently check the status of the regulations at any facility in which one’s visa petition or application is awaiting adjudication.

Recently discussed fee increases are likely to impact those processing through US Embassies and Consulates worldwide as the Department of State recently raised the fees associated with many visa categories most notably those visas categorized as K visas.

Tags: American Consulate, American Embassy, B1 visa, B2 Visa, CR1 Visa, F1 Visa, IR1 Visa, J1 visa, K1 Visa, K3 Visa, US Consulate, US Consulate Indonesia, US Consulate Jakarta, US Embassy, US Embassy Indonesia, US Embassy Jakarta, US Embassy Jakarta Indonesia
Posted in IR1 Visa, K1 Visa, K2 Visa, K3 Visa, US Embassy Indonesia, US Embassy Jakarta | No Comments »

With the recently announced fee increases associated with K visa applications filed overseas, there are many who feel that serious thought should be given to the type of visa a couple should petition to obtain. In the past, many couples who were thinking of marriage opted to apply for a US fiance visa, also referred to as a K1 visa. That being said, it was recently announced that the application fee for all K visas sought overseas would be increased from $131 to $350. Apparently, the resources accrued are to be used in furtherance of fraud prevention measures as well as implementation of measures meant to streamline the overall visa process. As the fee increase was only recently announced, it remains to be seen how newly acquired fees will be used on the Consular level. With that in mind, it has also been recently announced that USCIS may be raising fees for Immigrant visa petitions. For those who are unfamiliar with this blog, it should be noted that for purposes of traveling to the USA, the K1 visa and the K3 Visa are considered to be immigrant visas even though they do not automatically confer lawful permanent residence to the bearer upon entry in the USA.

Those seeking a US visa would be prudent to seriously consider their options because the costs associated with the process of applying for and obtaining a CR1 visa or an IR1 visa may be lower in some cases when compared to the costs associated with the K1 visa process. When viewed from a long term perspective the CR1 visa, although more time consuming to obtain, confers lawful permanent residence to the bearer upon entry and thereby negates the necessity of adjustment of status which is necessary for those who travel to the US on a K1 visa with the intent to marry the Petitioner and remain in the USA permanently.

In most cases, those wishing to bring a spouse to the USA are wise to bear in mind the fact that K3 visa applications, once a popular travel document for bi-national married couples, are now being administratively closed by the National Visa Center if the underlying I-130 is approved prior to, or at the same time as, the I-129f application. This has lead to many instances of spouses being required by circumstance to process a CR1 or IR1 visa rather than a K3 visa because the NVC simply will not process the K3 application.

For those interested in further information about US Immigration please see: American Visa Thailand.

Tags: American Visa Thailand, CR1 Visa, CR1 Visa Thailand, IR1 Visa, IR1 Visa Thailand, K1 Visa, K1 Visa Costs, K1 Visa Fees, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Visa Costs, US Visa Fees, USCIS Costs, USCIS Fee hike, USCIS Fee Increase
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, National Visa Center, News, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, 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 and Immigration, US Visa Thailand, USCIS, Weird Law | No Comments »

In a recent transcript from a news conference held by the United States Citizenship and Immigration Service (USCIS) it was announced that USCIS may be increasing many of the fees associated with US Immigration petitions. The following is a direct quote from the aforementioned news conference transcript:

While we received appropriations from Congress, budget cuts of approximately $160 million have not bridged the remaining gap between costs and anticipated revenue. A fee adjustment, as detailed in the proposed rule, is therefore necessary to address that gap.

Although few seem to doubt the fact that USCIS has experienced a revenue shortfall, many seem to be perturbed by the announcement of fee increases. The following is quoted from the AILA Leadership blog:

Yesterday, due to lower than projected fee revenues, USCIS proposed a fee increase that will amount to an average increase of  10% across the board.  USCIS will issue the formal proposal on Friday and there will be a 45 day comment period.  This, in combination with the 66% fee increase that was implemented in 2007, constitutes a tremendous hit in the pocketbook for a variety of users of immigration services. For example, an I-130 petition for an alien relative will jump from $355 to $420, under this proposal, thus impacting those who want to be reunited with family members.  An I-131 application for a travel document goes up by $55, and an application for an employment authorization document increases by $40.  Adjustment of status fees will increase by $55.  Businesses will also bear some of the brunt, with I-140 petitions for immigrant workers increasing over $100, premium processing going up by $225 and a brand new fee of $6,230 to establish a Regional Center under the EB-5 program. And –perhaps the coup de grace—fees for filing I-290 Notices of Appeal will increase from $585 to $630, a $45 dollar increase that will allow us to continue to file appeals that take over 2 years to adjudicate and generally conclude with either a rubber stamping of the original decision, or as in a handful of recent AAO decisions, a tortured legal analysis resulting in increasingly restrictive interpretations of the law.

The tone of the above quote leaves some readers feeling as though the author is rather upset about the recently proposed fee increase. The following passages from the aforementioned post on the AILA Leadership blog leaves little to the imagination regarding some practitioners feelings with regard to the proposed fee increases:

Why do these fee increases feel like a punch in the stomach to immigration practitioners?  Because they come at a time when the quality of decision-making and the ability to correct even the simplest errors or address basic problems with USCIS are at an all-time low. A small sampling of the problems we have all experienced with alarming increased frequency over the past few years…Application of new extra-regulatory standards in case adjudication…Adjudication of issues not within the province of USCIS…A “pick and choose” attitude with respect to previously issued long-standing agency guidance…Lack of accessibility of agency officials and decision-makers…Lack of predictability in decision-making…Lack of respect for the role of counsel in various proceedings: Examples:  Practitioners report that they are sometimes not copied on RFE’s, and that district offices from time to time have barred attorneys from accompanying their clients to adjustment interviews.

Although USCIS adjudicates cases on an individual basis and no single practitioner can make a generalized statement about USCIS adjudication generally, there appears to be an increasingly common feeling among immigration practitioners that agencies associated with Immigration adjudication are becoming rather unpredictable.

Also of possible interest to those seeking certain family based visas such as the K1 visa and the K3 Visa is the fact that the US Department of State has recently raised the fees associated with such applications when adjudicated by US Consulates abroad. The previous fee for K visa applications was $131, but under the newly promulgated rules the K visa application fee has been raised to $350. Those seeking K3 visas are unlikely to be adversely impacted by the recent fee increase as K3 visa applications are currently being “administratively closed,” in many cases, by the National Visa Center. That said, those seeking a K1 Fiance Visa will likely be required to pay the increased fee in order to have their K1 visa application adjudicated.

Tags: K1 Visa, K1 visa application, K3 Visa, US Visa Costs, US Visa Fees, USCIS, USCIS fees
Posted in CR1 Visa, Department of Homeland Security, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, News, USCIS | 3 Comments »

A frequently discussed topic on this blog is the US Tourist Visa. The US Embassy Bangkok processes a significant number of US Tourist Visa applications each year. In the past, most non-immigrant visa applications required the submission of form DS-156. Recently, the US State Department announced that the DS-156 should no longer be used  by those seeking a US B2 Tourist Visa:

The new DS-160, Nonimmigrant Visa Electronic Application, is a fully integrated online application form that is used to collect the necessary application information from a person seeking a nonimmigrant visa. The DS-160 is submitted electronically to the Department of State via the Internet. Consular Officers use the information entered on the DS-160 to process the visa application and, combined with a personal interview, determine an applicant’s eligibility for a nonimmigrant visa.

Apparently, the DS-160 has been introduced in an effort to streamline the visa process for those seeking non-immigrant visas outside of the United States of America. To quote the above announcement further:

All U.S. Embassies and Consulates that process nonimmigrant visas now use the new online DS-160. Therefore, visa applicants will need to apply using the online DS-160 for most, but not all, nonimmigrant visa categories. Review the [State Department] FAQs for exceptions and to find out which nonimmigrant categories continue to use the DS-156 at this time.

There are many who worry that these recent changes will impact other types of applications. This worry seems to be most prevalently felt by those seeking K1 visa benefits or K3 Visa benefits for a foreign fiancee or spouse. That said, consultation with an American legal professional may be necessary in order to determine which forms should be used when filing for certain visa categories. As always, it should be noted that only a licensed American attorney is entitled to assist in American Immigration matters. That said, many find that applying for a US Tourist Visa does not require the assistance of an American lawyer as such assistance would likely add little value to such an application. However, many applicants for US family immigration benefits find that attorney assistance is beneficial.

It should be noted that many applicants find their application for a visa denied pursuant to the Consular Officer’s application of Section 214(b) of the United States Immigration and Nationality Act. Such a finding basically means that the applicant was unable to show requisite “strong ties” to their home country and “weak ties” to the United States. Those seeking a visa to the USA should be advised that if immigration is the ultimate goal, then a tourist visa is not the proper travel document. Even if a visa application is approved by a US Consulate overseas, the foreign national could still be placed in expedited removal proceeding upon arrival at the port of entry in the USA if the Customs and Border Protection officers have reason to believe that the applicant is an undisclosed intending immigrant attempting to enter the USA.

Tags: American Department of State, American State Department, Customs and Border Protection, DOS, DS-156, DS-160, expedited removal, K1 Visa, K3 Visa, US Department of State, us embassy bangkok, us embassy thailand, US Tourist Visa, US Tourist Visa Thailand, USCBP
Posted in K1 Visa, K2 Visa, K3 Visa, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, 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 and Immigration, USCBP | 1 Comment »

For those who bring a foreign fiance or fiancee to the United States of America, an often asked question is: “What if my fiancee wants to work in the USA prior to her adjustment of status?” The answer to this question is somewhat complicated. When a foreign fiancee or spouse enters the United States on a non-immigrant K1 visa or K3 Visa, the entrant is generally not authorized to take up employment in the USA until that alien either adjusts status to permanent residence (Green Card) or obtains employment authorization. Recently, the United States Citizenship and Immigration Service (USCIS) announced that, in an effort to decrease immigration fraud, new Employment Authorization Documents are to be issued. The following is a direct quote from USCIS’s official statement:

U.S. Citizenship and Immigration Services (USCIS) today announced that it has revised the Employment Authorization Document (EAD), or Form I-766, to incorporate the addition of a machine-readable zone on the back of the card.. This update to the EAD is part of USCIS’s ongoing efforts to deter immigration fraud. Starting May 11, USCIS began issuing the revised EAD cards. The machine-readable zone is compliant with International Civil Aviation Organization standards. USCIS also removed the two-dimensional bar code on the backside of the card and moved the informational box of text to just beneath the magnetic stripe on the card. The revised card retains all of its existing security features.

In most cases, foreign fiancees or spouses of US Citizens opt to wait for permanent residence before taking up employment. However, in some instances this is not the case as there are increasing numbers of foreign fiancees and spouses who work for multi-national companies. These international businesses sometimes wish to have their non-US Citizen employee start work in the USA as soon as they can. Therefore, there are situations in which speedy employment authorization is a necessity.

In the past, K3 Visa holders could seek employment authorization at the port of entry when they entered the USA. As the K-3 Visa is being increasingly phased out, this method of receiving employment authorization is being employed less frequently. Another issue that often arises in the context of Employment Authorization is that of advance parole. Holders of a US fiance visa cannot leave the United States prior to adjustment of status and simultaneously maintain their lawful K1 status unless they apply for, and receive, an advance parole travel document.  In some cases, couples making an application for advance parole will also make an application for an EAD in order to work in the USA.

Tags: advance parole, AP, EAD, Employment Authorization Document, Fiance Visa Thailand, I-766, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, United States Citizenship and Immigration Service, US Fiance Visa Thailand, USCIS
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | 3 Comments »

In recent postings on this blog, this author has discussed proposed fee increases for Consular services at US Embassies and Consulates outside of the United States of America.  Recently the American State Department made the following announcement:

The Department is increasing fees to ensure sufficient resources to cover the rising cost of processing nonimmigrant visas. This increase applies both to nonimmigrant visas placed in passports and to border crossing cards issued to certain applicants in Mexico. The new, tiered fee structure was created to cover the higher unit costs for processing certain categories of nonimmigrant visas that are more complicated and require more in-depth consideration than most other categories of nonimmigrant visas. The Department is required to recover, as far as possible, the cost of processing nonimmigrant visas through the collection of the application fees. For a number of reasons, including new security enhancements, the $131 fee set on January 1, 2008 no longer covers the current, actual cost of processing nonimmigrant visas. Under the new schedule of fees, applicants for all visas that are not petition-based, including B1/B2 tourist and business visitor visas and all student and exchange visitor (F, M and J) visas, will pay a fee of $140. Applicants for petition-based visas will 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 will be $350. The fee for E visas for treaty-traders and treaty investors will be $390.

The last portion of this announcement is of the most pressing concern to those wishing to bring a Thai loved one to the USA. Many Americans opt to use a K1 visa to bring a Thai fiancee to the United States. In the past, many also utilized the K3 Visa to bring Thai spouses to the USA. At the time of this writing the National Visa Center (under the authority of the Department of State) is administratively closing all I-129f petitions for K3 Visas if the underlying I-130 petition has been submitted to the NVC concurrently with, or prior to, the submission of the I-129f petition. Therefore, the increase in fees is unlikely to have a major impact upon those seeking a US marriage visa as the vast majority of US Marriage visas being processed out of any US Consulate or US Embassy are immigrant visas (CR1 or IR1) rather than non-immigrant K3 visas.

For further general information about US Immigration from Thailand please see: Fiance Visa Thailand.

Tags: American States Department, Consular Fees, Costs for K visa, CR1, Fee Increase, IR1, K visa fees, K1 Visa, K3 Visa, National Visa Center, NVC
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, National Visa Center, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, 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 Visa and Immigration, US Visa Thailand | 7 Comments »