Integrity Legal

It would appear that Thailand is not the only jurisdiction which is tightening immigration regulations and enforcement. In recent weeks, an announcement from the agency which oversees immigration matters is likely to have a significant impact upon future immigrants and non-immigrants alike. For example, in a recent press release from the United States Citizenship and Immigration Service (USCIS) it was noted that certain non-immigrants such as J-1, F-1, and M-1 visa holders will no longer be granted an effective reprieve from accruing unlawful presence in the USA through use of so-called “duration of status” exemption.

What is “duration of status”? Duration of status (also referred to as “DS”, “D of S”, or D/S in certain immigration circles) refers to the status by which certain non-immigrant are admitted into the United States. In this blogger’s opinion it was designed to streamline immigration functions as certain exchange visitor programs and course curricula do not necessarily have a definite end date (this is especially the case with so-called practicum courses following after a more organized academic schedule). Due to the fact that it is somewhat difficult to nail down policymakers allowed for “duration of status” to act as a sort of floating grace period. In the past, those admitted in this status were unable to accrue unlawful presence once admitted even where a course or other reason for admission had clearly terminated. This lead to what some would describe as abuse of the system. This was simply a “loophole” in the rules that allowed such individuals to obtain later immigration benefits without the need to worry about an finding of inadmissibility for overstay since unlawful presence could not ever be determined. Pursuant to a recent announcement from USCIS this appears to be changing. To quote directly from the USCIS website:

Individuals in F, J, or M status who fail to maintain their status on or after Aug. 9, 2018, will start accruing unlawful presence on the earliest of any of the following:

• The day after they no longer pursue the course of study or the authorized activity, or the day after they engage in an unauthorized activity;
• The day after completing the course of study or program, including any authorized practical training plus any authorized grace period;
• The day after the I-94 expires; or
• The day after an immigration judge, or in certain cases, the BIA, orders them excluded, deported, or removed (whether or not the decision is appealed).

This change in policy will have a significant impact upon those who have been admitted to the USA in one of the above categories. Moreover, those previously admitted in duration of status who are no longer pursuing the program for which they were admitted are well advised to consult an immigration attorney soon in order to understand their options. Obviously, failure to remain in lawful status could harm future applications for further immigration benefits pursuant to the forthcoming rule change. It seems logical to infer that more findings of accrued unlawful presence are likely to be made in future immigration cases and in that case such matters will only be remedied through use of an I-601 waiver petition.

Tags: Duration of Status, Exchange Visitor Visa, F1 Visa Thailand, I-601 Waiver, J1 Visa Thailand, legal grounds of inadmissibility, overstay, student visa, unlawful presence, US Visa Thailand, USCIS
Posted in US Visa and Immigration | No Comments »

The administration of this blog periodically posts the holiday closing schedules of the various US Embassies and US Consulates in the Southeast Asia region in order to provide a level of convenience to Americans traveling in the area. The following holiday closing schedule was quoted directly from the official website of the US Embassy in Rangoon, Burma (Yangon, Myanmar):

Many Americans traveling abroad find that it is necessary to travel to an American Embassy or Consulate in order to request services such as Passport renewal, adding of visa pages, notarial services, or Consular Reports of Birth Abroad (CRBA). Many of these requests can be made at an American Citizen Services Section of the US Embassy or US Consulate-General.

Meanwhile, every year many foreign nationals from around the globe travel to American posts abroad to apply for visas and other travel documents granting permission to travel to the United States. Some visa seekers only wish to remain temporarily in the US on non-immigrant visas such as the B-1 visa (Business Visa), the B-2 visa (Tourist Visa), the F-1 visa (Student Visa), or the J-1 visa (Exchange worker visa). Generally, applications for the aforementioned visa categories can be made at a non-immigrant visa unit within the Consular Section of the US Embassy or US Consulate-General. Applicants are usually required to make an appointment in advance to apply for these types of visas.

Some foreign nationals wish to travel to the United States for business purposes. Depending upon the circumstances of the individual applying for admission to the USA, a business traveler may be issued a non-immigrant or an immigrant visa. The L-1 visa, the E-1 visa, the E-2 visa, the EB-5 visa, the EB-4 visa, the EB-3 visa, the EB-2 visa, the EB-1 visa, and the H-1B visa are all business visa categories commonly sought by foreign nationals. Generally, a business travel unit  within the Consular Section of a US Embassy or Consulate-General abroad is responsible for adjudicating such applications.

Some foreign nationals seek visa benefits based upon a relationship to a US Citizen or lawful permanent resident. One of the most commonly sought US family based visas is the immigrant visa based upon marriage to an American Citizen, these types of visas are generally classified as a CR-1 visa or an IR-1 visa. Fiancees of US Citizens may be eligible to apply for a K-1 visa (US fiance visa). Furthermore, those married to Americans sometimes seek a US K-3 visa. K-1 visas and K-3 visas are generally adjudicated by an Immigrant visa unit, notwithstanding the fact that they are non-immigrant visa categories as they are treated as immigrant visas since the applicants have immigrant intent.

For related information please see: US Immigration Asia.

Tags: American Embassy, American Embassy Burma, American Embassy Myanmar, American Fiance Visa, American Fiancee Visa, B-1 visa (Business Visa), Consular Reports of Birth Abroad, CR-1 Visa, CR1 Visa, CRBA, Exchange worker visa, F-1 Visa, IR-1 Visa, IR1 Visa, J-1 visa, K-1 Visa, K-3 Visa, K1 Visa, K3 Visa, student visa, the B-2 visa, Tourist Visa, US Embassy Burma, US Embassy Burma Holidays, US Embassy Myanmar, US Embassy Myanmar Holidays, US Embassy Rangoon, US Embassy Rangoon Holidays, US Embassy Yangon, US Embassy Yangon Holidays, US Fiance Visa, US Fiancee Visa, USA Fiance Visa, usa fiancee visa, USA K-1 visa, USA K1 visa
Posted in US Embassy Myanmar | No Comments »

In an effort to provide relevant information to travelers and expatriates who read this blog, the administration posts the holiday closing schedules for the various US Emabssies and US Consulates in the Southeast Asia region. The following is the holiday closing schedule for the United States Embassy in Phnom Penh, Cambodia as posted on the official Embassy website:

Each year, many Americans travel to a US Embassy or US Consulate in an effort to obtain services such as US Passport renewal, notary service, additional US Passport pages, and Consular Reports of Birth Abroad. Meanwhile, many foreign nationals from around the world must undergo Consular Processing in order to eventually be granted a US visa. Non-Immigrant visa units are tasked with adjudicating applications for non-immigrant visas such as the B-1/B-2 visa (US Tourist visa), F-1 visa (student visa), and the J-1 visa. Business visa units are responsible for the adjudication of business visa applications for travel documents such as the E-1 visa, the E-2 visa, the EB visa, the L-1 visa, the O-1 visa, and the H1-B visa. Finally, immigrant visa units have the responsibility for adjudicating applications for immigrant visas such as the IR-1 visa and the CR-1 visa. However, those seeking a K-1 visa (fiance visa) may also find themselves being interviewed by an officer with the immigrant visa unit as such travel documents are treated in much the same way as immigrant visas, notwithstanding the fact that K-1 visas are technically non-immigrant visas.

Those wishing to receive service from American Citizen Services at a US Embassy abroad or those wishing to have a visa application adjudictaed are encouraged to make an appointment online prior to traveling to the US Post.

For related information please see: US Embassy Thailand.

Tags: B-1 Visa, B-2 Visa, B1 visa, B2 Visa, consular report of birth abroad, Consular Reports of Birth Abroad, CRBA, E 2 Visa, E-1 Visa, E1 visa, E2 Visa, EB visa, EB-5 Visa, EB5 Visa, F-1 Visa, F1 Visa, Fiance Visa, Fiance Visa Cambodia, H1-B visa, H1B visa, J-1 visa, J1 visa, K-1 Visa, K1 Visa, K1 Visa Cambodia, L-1 visa, L1 Visa, O-1 visa, O1 Visa, student visa, US Consulate, US Embassy, US Embassy Cambodia, US Embassy Phnom Penh, us passport, US Tourist Visa
Posted in US Embassy Phnom Phen | No Comments »

It recently came to this blogger’s attention that the United States Embassy in Kabul is taking measures to re-institute a policy which would allow for visa interviews to take place on the premises of the Post in Afghanistan. Readers are reminded that such interviews have not been conducted at that location in approximately 20 years. To quote directly from a Department of State announcement as posted upon the official website of the American Immigration Lawyers Association (AILA):

As of June 1, for the first time in 20 years, immigrant visa applicants will again have scheduled As of June 1, for the first time in 20 years, immigrant visa applicants will again have scheduled interviews in Kabul. U.S. Embassy Islamabad was previously the closest U.S. Embassy or Consulate where immigrant visa applicants could be interviewed.

Applicants for petition-based visas, which are mostly temporary work visas, can also now interview in Kabul. For the last two years, applicants for visitor, student and most other temporary visas could apply in Kabul, but not applicants for visas that if approved allow someone to move to the U.S. or to work there. Applicants for non-immigrant petition-based visas like temporary workers (H) can schedule their own appointments using the existing online system on the Embassy’s web site. All of these categories of visas involve a multi-step process that usually starts with a petition that a U.S. relative or employer files with immigration authorities. It is important to note that prior to the interview, the National Visa Center conducts almost all pre-interview processing of petitions that the immigration service approves in the United States. The National Visa Center will also schedule appointments when approved immigrant visa petitions become current.

All of these categories of visas involve a multi-step process that usually starts with a petition that a U.S. relative or employer files with immigration authorities. It is important to note that prior to the interview, the National Visa Center conducts almost all pre-interview processing of petitions that the immigration service approves in the United States. The National Visa Center will also schedule appointments when approved immigrant visa petitions become current…

It should be noted that those seeking immigrant visas to the United States of America must generally first receive an approved immigration petition from the United States Citizenship and Immigration Service (USCIS). Upon receiving such approval a case file will usually be sent to the National Visa Center which acts as a sort of clearinghouse for visa application files so as to insure that the case file arrives at the US Mission with appropriate jurisdiction. Prospective visa seekers should note that estimated processing times for USCIS adjudication do not take into account Consular Processing at an appropriate US Embassy or US Consulate abroad.

For related information please see: American visa.

Tags: AILA, American Consulate, American Embassy, American Immigration Lawyers Association, American Visa, Consular Processing, Department of State, National Visa Center, student visa, temporary workers, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Embassy Afghanistan, US Embassy Islamabad, US Embassy Kabul, US Visa, USCIS, visitor visa
Posted in US Embassy Kabul | No Comments »