Integrity Legal

Since today is Coronation Day in Thailand, which is a National Holiday, I thought I would take this opportunity to list the holidays that the Embassy takes in Thailand. Many clients and prospective clients do not understand delays caused by holidays either because the holiday is exclusively Thai, and therefore not being celebrated in the United States, or a non-Thai holiday and the applicant doesn’t understand why the Embassies should be closed for an American holiday in Thailand.

There are good reasons why the US Embassy in Thailand ought to close on both Thai and American holidays, the most convincing rhetorical question: what would the Embassy actually be able to get done on National Holidays for either Thailand or the USA?

As a conduit for communication, trade issues, and inter-government cooperation the US Embassy in Bangkok (as with any Diplomatic post in a foreign country) has a “foot in both worlds,” when either of the governments are shut down, then the Embassy really does not have much to do. Therefore, instead of wasting time and resources they close in order to facilitate better service at another time. For US Visa purposes the closure of the Embassy means that it is not possible to obtain a visa interview on any day that the Embassy is closed.

Below are the Holidays for the US Embassy in Bangkok in 2009 (please note that as some of these holidays are based upon the lunar calendar they may change date from year to year):

Holidays for the US Embassy in Bangkok

(Also applicable to the US Consulate in Chiang Mai)

In the month of January the US Embassy is closed for the following holidays on the following days:

January 1: New Years Day

January 2: New Years Day

January 19: Martin Luther King’s Birthday

In the month of February the US Embassy is closed for the following holidays on the following days:

February 16: Presidents Day

In the month of March the US Embassy is closed for the following holidays on the following days:

No Holiday closures

In the month of April the US Embassy is closed for the following holidays on the following days:

April 13: Songkran (Thai New Year)

April 14: Songkran (Thai New Year)

April 15: Songkran (Thai New Year)

In the month of May the US Embassy is closed for the following holidays on the following days:

May 5: Coronation Day

May 8: Visakha Bucha Day

May 25: Memorial Day

In the month of June the US Embassy is closed for the following holidays on the following days:

No Holiday Closures

In the month of July the US Embassy is closed for the following holidays on the following days:

July 3: Substitution for July Independence Day (Closed on 4th of July when during the week)

In the month of August the US Embassy is closed for the following holidays on the following days:

August 12: Her Majesty the Queen of Thailand’s Birthday

In the month of September the US Embassy is closed for the following holidays on the following days:

September 7: Labor Day

In the month of October the US Embassy is closed for the following holidays on the following days:

October 12: Columbus Day

October 23: Chulalongkorn Day

In the month of November the US Embassy is closed for the following holidays on the following days:

November 11: Veterans Day

November 26: Thanksgiving Day

In the month of December the US Embassy is closed for the following holidays on the following days:

December 7: Substitute for His Majesty the King of Thailand’s Birthday (the 5th of December)

December 10: Constitution Day

December 25: Christmas Day

Please note that this list is not exhaustive as the US Embassy in Bangkok, Thailand may close for reasons unrelated to Holidays, or for any reason whatsoever, but the Embassy is generally open during the week during regular hours except for the holidays mentioned above.

(Nothing in this piece should be taken as a substitute for legal advice. By reading this piece there is NO express or implied attorney-client relationship created.)

For more information please see:

US visa Thailand

Fiance Visa Thailand

K1 Visa Thailand

Tags: US Consulate Chaing Mai, us embassy bangkok, us embassy thailand, US Immigration Thailand, US Visa Thailand
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No one wishes to go through the stress of a visa denial. Unfortunately, US Visa denials are a semi-routine procedure at the US Embassy in Bangkok Thailand. For the most part, US Family Visas (Fiance and Marriage) are denied less often in comparison to employment, business, and tourist visas. That being said, denials do occur and information regarding visa denials can be rather scarce. Also troublesome is the prevailing idea, promulgated through some unethical advertisers, that US visa outcomes can be  “guaranteed,” the fact of the matter is: no outcome with regard to immigration can ever be 100% guaranteed. US Immigration law, like any other legal field, can be uncertain. This being said, proper legal advice from an American attorney experienced in US Immigration law could make a difference when it comes to obtaining a positive outcome in a US visa case.

US Visa Denial: Why is the US visa being denied by the Consular Officer?

One of the first determinations that should be made regarding a visa denial is whether the decision from the consular officer is final or whether there is a discrepancy that can be dealt with by presenting more information to the US Embassy. Family Visas like the US Fiance visa and the US Marriage visas will usually have different reasons for denial than an American tourist/business visa.

Tourist Visa Denials

With regard to denials of the US tourist visa, under section 214 (b) of the American Immigration and Nationality Act there is a presumption of “immigrant intent,” that must be overcome in the consular officer’s judgment in order for a US visitor visa to be granted. If the consular officer does not believe that the applicant for a US visitor visa has provided enough evidence to overcome this presumption then the officer will not grant the visa.  If denied one is entitled to refile and have a new interview, but where there is no material change of situation, it is unlikely that a tourist visa will be granted.

221 G Refusals

In the case of US family immigration from Thailand, a very common visa denial is the 221 g refusal.  A 221 g is not a denial so much as a refusal to approve a visa application due to a lack of evidence. When a consular officer issues a 221 g they do so by giving the applicant a form with a checklist of things the applicant needs to produce in order for the visa to be approved. Sometimes the necessary items are difficult to obtain and therefore, at least in Thailand, it may be necessary to obtain a Bangkok Lawyer licensed in the US with experience in immigration law. Sometimes the 221 g requires documentation that is easy to obtain and therefore professional assistance is not necessary.

Visa Denial Based Upon Grounds of Inadmissibility

The Grounds of Inadmissibility are the statutorily created reasons for visa denial as stipulated in the US Immigration and Nationality Act. Most of the Grounds of inadmissibility can be waived by filing an I-601 application for Waiver of the Grounds of Inadmissibility at USCIS. After the visa interview a consular officer will asses the application and make a decision whether or not to grant the visa. Should the visa be denied, then the officer will cite the reason for denial and the ground of inadmissibility, if there is a grounds.  For an inadmissibility waiver for a Thai applicant, the waiver application should be filed at USCIS in Thailand.  There are different factual and legal requirements applicants must meet depending upon the ground of inadmissibility one is seeking to have waived. It is probably advisable to have a US Immigration attorney advise those clients that have an issue that needs to be waived.

Note: None of the above information should be used in lieu of actual individualized legal advice from a licensed US attorney in the reader’s jurisdiction

Tags: Inadmissibility, us embassy bangkok, us embassy thailand, us visa denial, USCIS Bangkok, visa denial Thailand, waiver of inadmissibility
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Finding an American Immigration attorney in Thailand can be somewhat difficult due to the fact that there are quite a few “con-men” claiming to be visa experts in the Kingdom of Thailand. They range from people outright lying about being US Visa Lawyers to “visa agents” who claim they can assist in preparing Immigration forms for submission to USCIS or the US Embassy. In reality only a licensed American Attorney is allowed to represent clients before USCIS (Immigration).  Perhaps it is best to quote the USCIS website:

“Notarios, notary publics and immigration consultants may NOT represent you before USCIS. They may not give you legal advice on what immigration benefit you may apply for or what to say in an immigration interview. These individuals may NOT hold themselves out as qualified in legal matters or in immigration and naturalization procedure and may only charge nominal (inexpensive) fees as regulated by state law. In many other countries, the word “notario” means that the individual is an attorney, but that is not true in the United States. Individuals seeking help with immigration questions should be very careful before paying money to non-attorneys.”

Former Commissioner of the INS (now USCIS)  Doris Meissner at one point released a memo stating, “Only attorneys and accredited representatives may engage in the practice of law before the Service.” There are exceptions to this rule, but Meissner continued, “These exceptions are available only if the person receives no payment for the appearance.” She also wrote that the “practice of law includes advising individuals concerning the selection, completion, and filing of Service forms (such as petitions or applications), in addition to actually appearing before the Service officer… Even advice limited to something as simple’ as selecting and completing the proper Service forms constitutes the practice of law, since this depends on a legal conclusion that the client is eligible for the particular benefit.” For more on this memo and its effect on immigration consultants in the USA please click here.

Only an attorney licensed to practice law in at least one US state, territory, commonwealth, or the District of Columbia may represent clients in Immigration matters before USCIS. Therefore, any “visa agent” or “immigration consultant” that is claiming that they are a US Visa Lawyer and have the right to represent people before USCIS is lying.

The day before writing this post I personally went to the US Embassy in Bangkok in order to respond to a 221g refusal in the process of providing the information I spoke with a consular officer who probed me about my credentials. I showed him my state and federal bar cards and he very politely informed me that he apologized for any inconvenience, but he just wanted to ensure that I was duly licensed. This would similarly occur at USCIS if I had been representing a client there. Had I not been a licensed attorney, I do not know what would have happened. Although I have an idea because the consular officer explained that security had already been called. Had I not been able to produce the proper credentials I think I would have been escorted out.

For more Information about retaining the services of a licensed American Immigration Attorney in Thailand please see US Visa Lawyer Thailand

Note: None of the above information should be used as a substitute for advice from a competent US Immigration Attorney

Tags: us embassy bangkok, us embassy thailand, us visa attorney bangkok, us visa attorney thailand, us visa lawyer, us visa lawyer bangkok, us visa lawyer thailand
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Many people become concerned when it becomes time to prepare for the visa interview at the US Embassy in Thailand. Since the US Visa obtainment process can be a true, “hurry up and wait” game there are sudden flurries of activity followed by lulls of inaction. Packet 3 can be a stressful time for the Thai-American couple because it requires a great deal of document gathering and compilation. This is difficult for Americans gathering documentation, but for a Thai fiancee or spouse it can be nearly overwhelming. In some cases, people opt to hire a US visa lawyer in Thailand, but some opt to compile the necessary documentation on their own. Whichever path is taken, this post will shed some light upon what packet 3 is and what needs to be done to fulfill the packet 3 requirements before the Visa interview at American Embassy in Thailand.

What is Packet 3?

Packet 3 is the list of documentation and instructions for the visa interview at the US Embassy. Non-Immigrant Visa Applicants (K1 Visa and K3 Visa) will receive packet 3 from the Embassy in Thailand.  Immigrant Visa applicants (CR-1 and IR-1 Visas) will receive packet 3 from the National Visa Center rather than the US Embassy in Bangkok. The National Visa Center conducts a more extensive background check on immigrant visa applicants due to the fact that an immigrant visa confers permanent residence upon entry into the USA.

Some of the documentation can be difficult to obtain. This is especially the case in situations in which the applicant is registered on a Tabien Baan in a province far from Bangkok and must obtain documentation from the Amphur in his or her home amphur office. Name change certificates are one of the most sought after pieces of documentation that is difficult to obtain because they must be obtained from the Amphur and Thais tend to change their names far more often than Americans due to the fact that name change is a much less difficult endeavor for Thais.

Having an attorney with knowledge regarding the US Immigration process can be extremely helpful for getting a jump-start on the packet 3 process. Having foreknowledge of what documents are needed for packet 3 can greatly speed up the process because one can inform the Thai applicant as to what is needed beforehand and thus prepare accordingly.

For more in depth instructions regarding packet 3 click here

Please note:  nothing in this post should be taken in lieu of competent advice from an attorney and no decisions regarding any aspect of US Immigration should be made without extensive research and thoughtful calculation.

Tags: American Embassy Thailand, K1 Visa Thailand, K3 Visa Thailand, Packet 3, us embassy bangkok, us embassy thailand, US Immigration Thailand, US Marriage Visa, US Visa Thailand
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There is some confusion about 221 (g) refusals for US Visas from Thailand. A 221 (g) request is a refusal to grant a US Visa without further evidence. When the Consular Officers are deciding whether to issue a US Visa (for our purposes we will look at it from the context of K1 Fiance Visas, K3, or CR1 Marriage Visas) they are essentially performing a due diligence search in order to ensure that the applicant is who they say they are and are traveling to the USA for a valid purpose (in this case the reason for traveling is a family relationship to the US petitioner).

Some couples become quite distraght when a 221 (g) is issued and it can be quite inconvenient particularly in instances where the applicant is originally from a distant area of Thailand. This can be especially troublesome if the applicant’s household registration (tabien baan) is in a distant locale and it is difficult for them to travel there. Often documents are required from the local amphur office in th disrict where the applicant’s household registration exists. Although it may be a routine matter for the Embassy to issue these type of requests, it can be a major endeavor for the Thai applicant to obtain the necessary documentation.

221 (g) refusals generally allow the applicant one year to obtain the requested documentation before the Embassy will destroy the file. Failure to respond to the request for evidence could result in the underlying petition being cancelled and the process to begin anew.

Us Visa

To avoid 221 (g) refusals it may be wise to enlist assistance of an immigration attorney in an effort to forestall a 221 (g) denial. It should be noted that even with assistance of counsel a 221 (g) refusal may still be issued and further documentation needed. Consular Officers have wide discretion as per the doctrine of consular absolutism and therefore requests for further documentation should be taken seriously and responded to in a timely manner.

Tags: 221 (g), us embassy bangkok, us embassy thailand, US Visa Thailand, visa denial
Posted in General Legal Information, Thailand Visa, us embassy bangkok, US Visa Thailand | 8 Comments »