Integrity Legal

There have been a number of developments regarding Thai immigration in recent weeks including the recent announcement that the Special Tourist Visa program will be expanded to include more than a limited number of countries. To quote directly from a recent article in the Bangkok Post:

The cabinet on Tuesday resolved to offer long-stay special tourist visas (STV) to visitors from every country instead of only those with low risks of the novel coronavirus.

This news comes as it appears there are again talks of creating “travel bubble” corridors on a bilateral basis between Thailand and counterpart countries. It seems under this travel bubble scheme nationals from some countries may be fast-tracked through quarantine or not required to quarantine at all so long as they remain in a restricted geographic area. As of the time of this writing, such a plan has yet to be implemented. With respect to in-country Thai Immigration matters is noteworthy that the Thai visa amnesty has been extended for those unable to leave the country. Meanwhile, the caseload volume of Thai visas being consular processed appears to be increasing as visa categories such as the Thai retirement visa, business visa, and tourist visa are, depending upon the jurisdiction, opening up. At the same time, there is some discussion surrounding the notion of implementing a contact tracing app for those traveling to Thailand as tourists. It remains to be seen whether this will apply to non-immigrants such as retirees and businesspersons. A notable requirement now associated with Thai visa processing which has become ubiquitous, but was never required in the past is insurance. Insurance coverage for COVID-19 is required for all visa categories including the Single Entry Tourist Visa (or SETV). Concurrently, some of those who were able to avoid needing insurance due to usage of an O retirement visa (as opposed to an O-A retirement visa) are finding that, if abroad, they are being compelled to obtain insurance in order to obtain a Certificate of Entry (COE) notwithstanding the fact that such coverage would not be required if applying for or extending status in Thailand.

With respect to American immigration, there has been a great deal of discussion regarding whether the transition from a Trump administration to an administration of the presumptive President-Elect Joe Biden will change the overall process and paradigm of the American immigration apparatus. In the long run, it is likely that a change of administration would dramatically improve processing conditions for American visas, including K-1 visas and immigrant visas which seem to be languishing at the National Visa Center and at US Embassies and Consulates abroad. That stated, the transition, although likely, is not yet a foregone conclusion as of the time of this writing. Meanwhile, it should be noted that bureaucracies such as the USCIS, NVC, and Department of State do not “stop on a dime” it takes time to reorganize and implement new policy. Therefore, it is likely that substantial changes will not be seen until deep into 2021.

Tags: A-O, amnesty, ao, business visa, certificate of entry, coe, insurance, long stay, O-A, OA, quarantine, retire, retirement, retrees, special tourist visa, special tourist visas, stv, Thai Visa, thai visa amnesty, thai visa insurance, Thailand Visa, Tourist Visa, Tourist visas, TR, travel bubble, travel bubbles
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The coronavirus pandemic continues to create issue in the realm of immigration. However, in an American context, politics may also be playing a role as noted in a recent article from Forbes:

“Earlier this month, the USCIS notified about two-thirds of its employees that they would be furloughed starting August 30th because of budget shortfalls, which the agency hoped Congress would fill in its next relief package before negotiations stalled recently…“I don’t think I can emphasize enough how large an issue this will be – we’re looking at the final days of legal immigration as we know it in the United States,” said Ruark Hotopp, a representative for USCIS workers in Nebraska…”

A decrease in manpower of the scope and scale contemplated in the article above, when discussing this possible USCIS furlough, would have a tremendous impact upon the American immigration apparatus as it would likely cause substantial increases in processing times and therefore delays in the acquisition of visas. It stands to reason that no visa category would be unaffected by this turn of events. Therefore, it is likely that those seeking employment based visas as well as family based visas (such as the K-1 visa, K-3 visa, CR-1 visa, or IR-1 visa) will see negative consequences should funding fail to materialize.

Meanwhile in Thailand, the Thai immigration system remains in a strange state. On the one hand, those stranded in Thailand have seen a chaotic situation unfold, to quote directly from the Bangkok Post:

“Immigration rules tend to remain unchanged and rather rigid for a prolonged period of time, but when they shift, they shift dramatically. COVID-19 may prove to be the catalyst for a major paradigm shift in terms of Immigration policy thinking in Thailand.”

Concurrently, those with long term Thai visas stranded abroad have had to wait patiently as returning to Thailand has proven effectively impossible until recent days and even those permitted to return to Thailand are only permitted to do so under extremely constrained parameters. The Thai government seems keen to permit entry of tourists to Thailand, while simultaneously concerned about forestalling the spread of infections. For these reasons, initiatives such as the “travel bubble” scheme were initially floated, only to be reassessed as it now appears that the “safe and sealed” initiative to allow in certain foreign tourists may be taking off. However, as the flight ban on the vast majority on in-bound air travel remains in force it seems unlikely that Thailand will see standard tourist numbers return in the immediately foreseeable future. That stated, the future of immigration policy in Thailand remains to be seen.

Tags: furlough, immigration, layoffs, safe & sealed, safe and sealed, shutdown, Thai Immigration, Thai Visa, Thailand Immigration, Thailand Visa, thaivisa, travel bubble, travel bubbles, USCIS, visa, visas
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The Immigration systems of both the United States of America and the Kingdom of Thailand have arguably been subjected to more changes recently than they have undergone in many years. Recently, President Trump announced an expansion of his travel ban on certain foreign nationals. The relevant portions can be found in the excerpt from the White House’s website:

Sec. 2.  Suspension and Limitation on Entry.  The entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas is hereby suspended and limited, subject to section 3 of this proclamation:

(a)  an H-1B or H-2B visa, and any alien accompanying or following to join such alien;

(b)  a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien; and

(c)  an L visa, and any alien accompanying or following to join such alien.

It should be noted, although the expanded ban appears to have rather wide ranging effects, those seeking the K-1 visa for a foreign fiancee, a K-3 visa, CR-1 visa, or IR-1 visa for the spouse of an American citizen are unaffected by this recent proclamation. That stated, while this ban does not have a direct impact, the fact that US Embassies and Consulates overseas are still not open for visa processing continues to stall immigration matters.

Meanwhile, Thailand is taking stringent measures in an attempt to forestall any further spread of COVID-19 in the Kingdom. With nearly 6 weeks of zero in-country transmissions, Thailand is a proving to be a global success story in the “fight” against Coronavirus. These measures appear to be bearing fruit, but Thailand remains in lock down from an international travel context. It was recently announced that some foreigners would be allowed to enter Thailand. At the same time, Thai officials are attempting to implement a “travel bubble” scheme which will allow some tourists to enter Thailand under specific conditions. As of the time of this writing, the initiation of “travel bubbles” has yet to be seen, but they are expected to come online in September. Thereafter, there will be a phased program of increasingly less stringent restrictions with the culmination presumably manifesting as tourism to resume as normal. It should be noted that the countries surrounding Thailand appear to be taking similar positions to that of Thailand with respect to inbound tourist arrivals, at least for the foreseeable future.

Tags: American Visa, CR-1, CR1, CR1 Visa Thailand, immigration, IR-1, IR1, IR1 Visa Thailand, K-1, K-3, K1, K1 Visa Thailand, K3, K3 Visa Thailand, Thai Visa, thaivisa, travel ban, travel bubble, travel bubbles, Trump Travel Ban, US Visa Thailand
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