Integrity Legal

The following was quoted directly from the official website of the United States Embassy in Kathmandu, Nepal:

The Embassy will be closed on all offical holidays.

Those wishing to visit the official website of the United States Embassy in Nepal please click HERE.

Those seeking services which can only be performed at a US Embassy or US Consulate abroad (such as issuance of a Consular Report of Birth Abroad, US Passport, or additional visa pages for a previously issued US Passport) are well advised to contact an American Citizen Services Section of a US Mission abroad with appropriate Consular jurisdiction. In some cases, it may be possible to set up an appointment with ACS in advance. Setting an appointment in advance can greatly streamline the processing of some requests.

Those seeking non-immigrant visas such as the US tourist visa (B-2 visa), US student visa (F-1 visa), US business visa (B-1 visa), or the US exchange visitor visa (J-1 visa) are likely to see their visa application processed by a non-immigrant visa unit of a US Mission abroad. Those seeking non-immigrant visa benefits should note that such applications are scrutinized pursuant to section 214(b) of the United States Immigration and Nationality Act (INA).

Those seeking immigrant visas for a foreign  relative (ex: CR-1 visa or IR-1 visa) are likely to see their visa application processed at an immigrant visa unit abroad following the approval of a US immigration petition at the United States Citizenship and Immigration Service (USCIS). It should be noted that visa applications for the K-1 visa, a non-immigrant US fiance visa, are processed in much the same manner as the immigrant visa categories as section 214(b) of the INA does not apply to K-1 visa applicants.

Those seeking visas such as the EB-5 visa (immigrant investor category) or the L-1 visa (intracompany transferees) are likely to see their visa application processed following approval of an immigration petition at the USCIS.

For related information please see: USCIS Estimated Processing Times.

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Posted in US Embassy Kathmandu, US Embassy Nepal | No Comments »

Adoption is one of the greatest things that people can do to provide love and care to orphaned children. This is especially true in cases where American or bi-national couples adopt orphans from less prosperous nations abroad. In the past, many Americans and foreign nationals have traveled to Nepal in order to adopt children from this small Asian nation. In a recent press release from the United States Citizenship and Immigration Service (USCIS), under the authority of the US Department of Homeland Security, it was announced that there will be new processing procedures in cases where Americans petition for immigration benefits in connection with adoption of orphans from Nepal. To quote the press release directly:

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) today announced that any U.S. citizen seeking to adopt a Nepali child, whose case is not affected by the suspension of processing of adoption cases involving Nepali children claimed to have been found abandoned, should file the Form I 600, Petition to Classify an Orphan as an Immediate Relative, with the U.S. Embassy in Kathmandu, Nepal.

Usually, Immigrant visa petitions are initially adjudicated by a USCIS office in the United States. This change to processing procedures seems to indicate that special considerations are being taken by Immigration officials tasked with adjudicating Nepali adoption based immigration petitions. To quote the aforementioned press release further:

This change in the filing location for the Form I-600 petitions applies to two groups of prospective adoptive parents who are not affected by the suspension. The first group is those who received a referral letter from the Government of Nepal’s Ministry of Women, Children and Social Welfare before Aug. 6, 2010, informing them of a proposed match of an abandoned child. The second group is those who seek to adopt Nepali children who were relinquished by known parent(s) and whose identity and relationship can be confirmed.

USCIS strongly encourages prospective adoptive parents to follow this procedure for their own benefit, based on growing concerns about unreliable documents, irregularities in the methods used to identify children for adoption in Nepal, and the resulting difficulties in classifying those children as orphans under U.S. immigration law. Please see the Aug. 6, 2010 announcement online regarding the suspension.

Verifying documentation can be a major issue in any Immigration proceeding, but this problem can be particularly acute in cases involving adoption. A decision, one way or the other, in an immigrant adoptee’s adjudication proceeding could have a tremendous impact upon the lives of everyone involved. Therefore, caution is required in order to attempt to ensure an equitable decision. The press release went on to state:

To file the Form I-600 petition with the U.S. Embassy in Kathmandu, prospective adoptive parents should complete and sign the Form I-600 and send the Form I-600 with all required supporting documents and evidence, other than the adoption or custody decree, to their respective local agency representatives in Nepal…Based on this filing, the U.S. Embassy in Kathmandu will then complete the required orphan determination before prospective adoptive parents travel to, or adopt a child in, Nepal.

Following this procedure will protect the interests of the prospective adoptive parents and the children by ensuring that the adoptive children will be eligible to immigrate to the United States before the prospective adoptive parents travel to Nepal and complete the Nepali adoption process. It is anticipated that most determinations will be completed within 90 days of receipt of the case by the U.S. Embassy in Kathmandu.

If, after completing its investigation of the case, the Embassy finds that the child qualifies as an orphan under U.S. immigration law, the prospective adoptive parents will be notified in writing that they may travel to Nepal to complete the adoption process.

It would seem that this new policy is designed to allow for increased scrutiny of relevant documentation in Nepali adoption cases. Consular Officers are often in a unique position to adjudicate pending immigration applications abroad. Should the officer find that the application is bona fide then he or she can issue the visa. If, on the other hand, the Consular Officer finds that there are further issues to be explored, then he or she can issue a 221g refusal and request for further evidence or deny the application outright based upon a ground of inadmissibility. In most immigrant visa applications, when Consular Officers deny the application, they usually do so pursuant to section 221(G) of the US Immigration and Nationality Act which allows the applicant to rectify the problem through presentation of further documentation or evidence.

For further information about American Immigration from Asia please see: US Visa India or K1 Visa Vietnam.

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Posted in Department of Homeland Security, US Embassy Kathmandu, US Embassy Nepal, USCIS | No Comments »

Consular Processing (the process of obtaining a US visa from an American Consulate abroad) can be very time consuming. Also, for those Americans overseas wishing to obtain a new passport, US Consular Report of Birth Abroad, or new visa pages a trip to the US Consulate is likely required. Some Americans and prospective US Immigrants are unaware that most overseas Consular posts close for both American and local holidays out of respect to the American citizens working at the post as well as host-country nationals. In an effort to provide convenience to the readers of this blog below please find the holiday closing schedule for the United States Embassy in Nepal. We provide this information in an effort to forestall people traveling to the post on days when it is not open.

Note: (A) = American Holidays
(N) = Nepali Holidays

This information was taken directly from the US Embassy website, but please be advised that the Embassy’s operating hours are always subject to change. For more information please see the US Embassy in Nepal’s website at this link.

For more information about Consular Processing in Thailand please see: US Embassy Bangkok.

Tags: American Embassy Kathmandu, American Embassy Nepal, consular report of birth abroad, CRBA, US Consular Report of Birth Abroad, US Consulate, US Consulate Nepal, us embassy bangkok, US Embassy Kathmandu, US Embassy Nepal, us embassy thailand, US Holidays at Embassy, US Visa
Posted in CR1 Visa, IR1 Visa, K1 Visa, K3 Visa, us embassy bangkok, US Embassy Kathmandu, US Embassy Nepal, US Tourist Visa, US Visa and Immigration | No Comments »