Integrity Legal

It recently came to this blogger’s attention that the Department of State has proposed a final rule which would raise some of the costs and fees associated with the J-1 visa, a travel document designed for exchange visitors wishing to visit the United States of America. To quote directly from the Federal Register’s official website FederalRegister.gov:

§ 62.17 Fees and charges.

(a) Remittances. Fees prescribed within the framework of 31 U.S.C. 9701 must be submitted as directed by the Department and must be in the amount prescribed by law or regulation...

(b) Amounts of fees. The following fees are prescribed...

(1) For filing an application for program designation and/or redesignation (Form DS-3036)—$2,700.00…

(2) For filing an application for exchange visitor status changes (i.e., extension beyond the maximum duration, change of category, reinstatement, reinstatement-update, SEVIS status, ECFMG sponsorship authorization, and permission to issue)—$233.00.

The administration of this blog highly recommends that those interested in this issue click on the links above to read the Federal Register entry in its entirety.

Those who are unfamiliar with the J-1 visa should also note that this visa category is sometimes utilized by foreign nationals wishing to act as Au pairs in the United States of America.

Pursuant to the provisions of section 214(b) of the United States Immigration and Nationality Act (INA) Consular Officers at every US Embassy or US Consulate abroad are required to make the presumption that the applicant for a non-immigrant visa is actually an intending immigrant unless the applicant can provide evidence to overcome this presumption. This triggers a “strong ties” vs. “weak ties” analysis in the mind of the interviewing Consular officer. During such an analysis, the Consular officer will weigh the ties that the applicant has to their home country and compare these with the applicant’s ties to the United States. If the offficer feels that the applicant has stronger ties to a country abroad than to the USA, then the visa will likely be granted.

In some cases, applicants for a United States visa are denied. This would seem to happen more frequently in non-immigrant visa cases than immigrant visa cases, but this can, at least partially, be attributed to the stringent analysis that all Consular Officers must make during the adjudication of certain non-immigrant visa applications. Should a visa be denied, then it may be possible to request reconsideration of that decision. That said, appealing visa denials, especially denials pursuant to section 214(b), is difficult, if not impossible, pursuant to the doctrine of Consular Non-Reviewability (sometimes referred to as Consular Absolutism). This doctrine states that, with exceptions in rare and highly extreme circumstances, a Consular Officer’s discretion regarding the issuance of a visa is virtually absolute.

Some have pondered whether the provisions of section 214(b) applies to applicants for a K-1 visa. In point of fact, although the K-1 visa is a non-immigrant visa category similar to the J-1 visa; the K-1 visa applicant is not scrutinized subject to section 214(b) of the INA as the applicant for said US fiance visa is entitled to have immigrant intent at the time of the K-1 application.

Tags: 214(b), Exchange Visitor Visa, J-1 visa, J-1 Visa Australia, J-1 Visa Bangladesh, J-1 Visa Burma, J-1 Visa Cambodia, J-1 Visa China, J-1 Visa India, J-1 Visa Indonesia, J-1 Visa Japan, J-1 Visa Korea, J-1 Visa Laos, J-1 Visa Malaysia, J-1 Visa Myanmar, J-1 Visa New Guinea, J-1 Visa New Zealand, J-1 Visa Russia, J-1 Visa Singapore, J-1 Visa Sri Lanka, J-1 Visa Taiwan, J-1 visa Thailand, J-1 Visa Vietnam, K-1 Visa, K-1 Visa Thailand, K1 Visa, K1 Visa Thailand, US Consulate, US Embassy
Posted in US Consulate ChengDu, US Consulate Chennai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Vladivostok, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Brunei Darussalam, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Russia, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department | No Comments »

While surfing the World Wide Web, this blogger came across an interesting piece on the Diplopundit blog pertaining to the United States Embassy in Bangkok, Thailand. The administration of this blog highly recommends that readers go to the Diplopundit blog to read the entry in its entirety. That said, the following was quoted directly from the aforementioned blog:

We understand that Bangkok’s FY 2009 NIV workload declined by over 20,000 cases from its FY 2008 high. The IV workload also declined from a FY 2006 high of approximately 8,500 to fewer than 3,000 cases in FY 2009. Still — we feel bad for the ELOs [English Language Officers] — no counseling, late performance reviews and a rotation program that spans 3-4 months — are not/not great introductions to a new career.

There is obviously a leadership disconnect here. The CG meets with the officers regularly but the Visa Chief reportedly does not, and neither were “regular participants in [visa] line work.” Ever wonder how this translates to — lead by example? Or building great teams?

The above quotation seems to drip with a certain level of sarcasm while maintaining a genuine concern for efficiency at American Missions abroad. That stated, this blogger cannot comment upon the caseload, processing policies, or personnel issues at the US Embassy in Bangkok due to a general lack of personal knowledge regarding the overall staffing situation at the Post. However, this blogger can state from personal experience that the officers at the US Embassy Thailand really did “go above and beyond” during the year 2010.

The Kingdom of Thailand saw a great deal of political, economic, and social turbulence in 2010. Most notable for those interested in matters pertaining to the US Embassy was the fact that the Post was closed for a number of days due to the riots in the late spring and early summer in Bangkok, Thailand. The so-called “Red Shirts” mounted a protest which eventually lead to a government crackdown, but not before causing major disruptions in the Bangkok Metropolitan area. The reason this riot is pertinent to this posting is the fact that this blogger personally saw, on more than one occasion, Consular Officers, of virtually every level, at the US Embassy in Bangkok going out of their way to assist and provide services to people leading right up to the actual crackdown (the same could also be said for the USCIS office in Bangkok, but that is a digression from the point of this posting).

In many ways, the situation in Bangkok could have been detrimental to the health and safety of the Consular Officers at the Post, but said employees continued to diligently perform their duties nonetheless. Although none of this goes precisely to the heart of the issues discussed in the Diplopundit blog posting this blogger felt that it should be noted in order to provide a human, if somewhat intangible, perspective on the situation in Bangkok over the past year. Perhaps this blogger is being “soft,” but it is simply the opinion of this blogger that credit ought to be given where it is due.

For related information please see: K-1 Visa Thailand.

Tags: American Embassy, American Embassy Bangkok, American Embassy Thailand, American Visa Thailand, Bangkok Riots, K-1 Visa Thailand, K1 Visa Thailand, Red Shirt Riots, Riots in Thailand, US Embassy, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in us embassy bangkok, US Embassy Thailand | No Comments »

Those who read this web log with any frequency may have noticed that the administration routinely posts the estimated processing times of the United States Citizenship and Immigration Service (USCIS) as both a courtesy to our clients and the public-at-large. The following estimated processing times were quoted directly from the official website of the United States Citizenship and Immigration Service (USCIS):

Those pondering the prospect of petitioning for Immigration benefits should note that the above estimated processing times only account for USCIS processing and do not take into account possible processing at the United States National Visa Center (NVC) as well as Consular Processing times at a US Embassy, US Consulate, American Institute, or US Mission abroad.

For related information please see: US fiance visa.

Tags: American Institute, National Visa Center, United States Citizenship and Immigration Service, United States Citizenship and Immigration Service processing time, United States Citizenship and Immigration Service processing times, US Consulate, US Embassy, US Fiance Visa, USCIS
Posted in American Institute Taiwan, CR1 Visa, Department of Homeland Security, EB5 Visa, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, US Citizenship, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

There was a recent story on the Telegraph.co.uk website entitled, “Boy, 9, has Disney World trip ruined after US Immigration rules him a threat” it was reported that a 9 year old child was denied a US tourist visa to the United States. To quote directly from the article:

They said there was a risk he would not leave the US at the end of his holiday and refused his application under Section 214 (b) of the Immigration and Nationality Act.

This blogger noticed in the title of the original article that the use of the term “US Immigration” may have been somewhat opaque as the visa application was likely filed with a US Consulate under the jurisdiction of the United States Embassy in the United Kingdom and not the United States Citizenship and Immigration Service (USCIS) in the USA. That said, the article describes the visa application of a child in the United Kingdom and the denial of the application. The child’s parents were attempting to surprise him with a trip to Disney World in the US State of Florida. To quote further directly from the article itself:

Micah [the proposed beneficiary of the US B-2 Visa sought] was born in Britain and has lived in Middlesex all his life with his mum Claudia Lewis.

He holds a South African passport because his grandparents Kathy and Edward, who have lived and worked in Britain since 1990, only got him a South African passport.

They are originally from South Africa.

A letter from Micah’s primary school was included in his visa application confirming he attended the school.

But the US Embassy’s rejection letter to Micah said: “Because you either did not demonstrate strong ties outside the United States or were not able to demonstrate that your intended activities in the US would be consistent with the visa status, you are ineligible.”

His grandmother Kathy, from Brixton, South London, said: “It was going to be a total surprise. He would have loved it.

This blogger highly recommends that those interested in this heartfelt story go to the Telegraph website and read further.

Section 214(b) of the United States Immigration and Nationality Act is a provision which creates a legal presumption in the eyes of adjudicating Consular Officers at every US Mission abroad (US Embassy, US Consulate, American Institute, Visa Units, etc.) that an applicant for a United States visa is actually an undisclosed intending immigrant. Overcoming this presumption often occurs when a Consular Officer feels that, as opposed to the factual citing from the denial noted above, the applicant has shown “strong ties” to their country of origin, or another country abroad, and, simultaneously, “weak ties” to the United States.

In another section of the aforementioned article the author noted that the couple had spent a considerable sum of money purchasing plane tickets in anticipation of the proposed holiday in the USA. As noted in previous postings on this blog, it is not generally prudent in visa application proceedings to assume a particular outcome as issuance of United States travel documents to foreign nationals is not considered a foregone conclusion nor a “formality”. The circumstances mentioned above are unfortunate as they were unexpected and costly (in both monetary and emotional terms). Those foreign nationals wishing to travel to the United States should not make irrevocable travel arrangements until such time as a US visa has been issued and remitted to the applicant.

That said, the one major factor that could materially alter the outcome of another visa application in a case such as this: a UK Passport. As noted in the section quoted above from the US Embassy the applicant did not show “strong ties” to the UK or another country abroad. If the child always lived in the UK, but never possessed a UK passport and, as noted in the above cited section; never lived in South Africa, but was attempting to use a South African passport to travel to the US, then could it be inferred that the child’s ties to either country were attenuated? Possibly, and without knowing further about details, that may very well have been the reason for denial. However, as all cases are adjudicated based upon the unique facts under the circumstances any analysis of the aforementioned denial is merely an exercise in speculation.

It is generally imprudent to continuously resubmit American visa applications when there has been no material change to the facts of one’s case. However, when circumstances do change materially, then a subsequent application may not be frivolous. In the eyes of the law in many jurisdictions a change in nationality, the acquisition of nationality, the registration of nationality, or the naturalization to a new nationality all come with a host of different legal rights, obligations, and privileges not least of these may be a passport. Perhaps, after acquiring a UK Passport on behalf of the child, if eligible for such a travel document, another visa application would be approved? Better yet, upon acquisition of a UK Passport, the child in the article may be eligible for the visa waiver program, although his previous US visa denial would need to be noted in the Electronic System for Travel Authorization (ESTA) registration system.

Hopefully those thinking of applying for a US Tourist Visa in the future will take note of the fact that one’s nationality is an important facet of any immigration petition or visa application.

For related information please see: US Visitor Visa.

Tags: American Visa Denial, American Visa Denied, Immigration and Nationality Act, INA, nationality, Naturalization, Section 214(b), Telegraph, US Consulate, US Consulate UK, US Embassy, US Embassy UK, US Immigration, US Visa, us visa denial, US Visa Denied, Visa Unit
Posted in American Institute Taiwan, Legal Opinion, News, Opinion, US Citizenship, US Consulate ChengDu, US Consulate Chennai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Tourist Visa, US Visa, US Visa and Immigration, USCIS, Visa Waiver | No Comments »

Routinely, the administration of this blog posts the estimated processing times of the United States Citizenship and Immigration Service (USCIS) Centers in an effort to provide clarity and information to those interested in the US Immigration process. It should be noted that for visa petitioners seeking a K-1 visa or an Immigrant visa such as a CR-1 visa, these estimated processing times do not take into account the need to process many visa applications through the National Visa Center (NVC) and possibly a US Embassy or US Consulate abroad. Below are the estimated processing times for the Texas Service Center, the Nebraska Service Center, the Vermont Service Center and the California Service Center as quoted from the official website of USCIS:

blah

blah

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The above estimates are simply that: estimates. However, these time frames do represent a realistic assessment of the probable time it would take to process a visa petition at USCIS. Again, most visa cases require further processing by the Department of State so the above estimates do not reflect the full duration of the US visa process in most cases.

For related information please see: K-1 Visa Thailand or K-3 Visa Thailand.

Tags: Advance Parole Processing Time, CR-1 Visa Processing Time, CR1 Visa Process, EB-5 visa process, EB-5 Visa Processing Time, IR-1 Visa Processing Time, IR1 Visa Process, K-1 Visa Processing Time, K-3 Visa Processing Time, K1 Visa Process, K3 Visa Process, L-1 Visa Processing Time, L1 Visa Process, National Visa Center, NVC, United States Citizenship and Immigration Service, US Consulate, US Embassy, USCIS, USCIS Processing Times
Posted in American Institute Taiwan, CR1 Visa, Department of Homeland Security, EB5 Visa, 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, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Recently, this blogger was reading a report from the Department of State regarding the statistics pertaining to the United States Visa Process. To quote the report directly:

Immigrant visa issuances during fiscal year 2011 are limited by the terms of INA 201 to no more than 226,000 in the family-sponsored preferences and 140,000 in the employment-based preferences. (Visas for “Immediate Relatives” – i.e., spouses, unmarried children under the age of 21 years, and parents – of U.S. citizens are not subject to numerical limitation, however.) It should by no means be assumed that once an applicant is registered, the case is then continually included in the waiting list totals unless and until a visa is issued. The consular procedures mandate a regular culling of visa cases to remove from the count those unlikely to see further action, so that totals are not unreasonably inflated. If, for example, a consular post receives no response within one year from an applicant to whom the visa application instruction letter (i.e., the consular “Packet 3″ letter) is sent when the movement of the visa availability cutoff date indicates a visa may become available within a reasonable time frame, the case is considered “inactive” under the consular procedures and is no longer included in waiting list totals.

It has be routinely noted on this blog and elsewhere online that the American visa process is somewhat restrictive when it comes to non-immediate relative petitions as there are limited numbers of visas available to the immediate family of American lawful permanent residents and the non-immediate relatives of American Citizens. That said, this was not the portion of the above citation that this author felt was noteworthy. Instead, a central issue for this blogger is that of “culling visa cases”. For those who do not have a great deal of experience dealing with US Immigration matters it may seem rather heavy handed to simply cancel a visa file. However, it should be pointed out that a US Embassy or US Consulate abroad is responsible for reviewing, adjudicating, and processing a large number of visa applications each year. Therefore, in the name of organization and efficiency it is often necessary for cases to be removed from the processing queue lest the whole system become overloaded and inefficient.

Those wishing to obtain a visa to the USA should be cognizant of the fact that failure to follow up with the US Mission with Consular jurisdiction could result in the canceling of one’s visa application thereby resulting in an end to the entire proceeding. This is also true for those who receive a 221g denial as failure to respond within one year of the denial’s issuance could result in the culling of the case file.

Some find that the assistance of an American Immigration attorney can be highly beneficial as such an individual can provide insight into and assistance with the United States visa process. Furthermore, American attorneys working overseas can provide real time assistance with Consular processing at American Missions abroad.

For related information please see: Consular Processing.

Tags: Administrative Processing, American Consulate, American Embassy, American Institute, American Visa Process, Consular Processing, culling visa cases, US Consulate, US Embassy, US Immigration, US Mission, US Visa, US Visa Process, Visa Process
Posted in American Institute Taiwan, 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 Citizenship, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »

In an effort to provide clarity to those interested in the United States Immigration process the administration of this blog routinely posts the estimated processing times of the service centers of the United States Citizenship and Immigration Service (USCIS). USCIS is tasked with adjudicating immigration petitions and applications for those seeking visa or immigration benefits. The following was quoted directly from the official website of USCIS:

Those seeking information about the US visa process should note that the USCIS processing times do not take into consideration processing at the United States National Visa Center nor the United States Mission, Embassy or Consulate overseas where the alien national may be processing their visa application. Consular processing times and NVC processing times generally depend upon the caseload of the US Embassy or US Consulate adjudicating the visa application.

Tags: American Visa Processing Time, CR-1 Visa Processing Time, I-129f, I-130, IR-1 Visa Processing Time, K-1 Visa Processing Time, K-3 Visa Processing Time, K1 visa processing time, K3 Visa processing time, National Visa Center, NVC, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Visa Processing Time, USCIS
Posted in American Institute Taiwan, 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 ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Those American Citizens with an Indonesian spouse sometimes posit: “Would it be possible for me to obtain a K3 visa for my Indonesian husband or wife?” Although, the answer to this question is not exactly “cut and dried” it is a qualified No. However, this does not necessarily mean that there is not another US Marriage Visa category available to the Indonesian husband or wife of a United States Citizen or Lawful Permanent Resident.

The reason that a K3 marriage visa is likely unavailable to the Indonesian spouse of a US Citizen (K visas are not available to lawful permanent residents, this includes the popular K1 visa which is often used to bring fiances of American Citizens back to the USA) is due to the fact that the US State Department’s National Visa Center (NVC) has promulgated a policy whereby all K3 Visa applications will be administratively closed if the I-129f petition arrives contemporaneously with, or before, the arrival of an I-130 petition. As the United States Citizenship and Immigration Service (USCIS) has recently reduced their backlog when adjudicating I-130 petitions this has lead to a situation where I-130 petitions are arriving at NVC prior to their I-129f counterparts. In a way, circumstances as they exist under the aforementioned scenario negate the need for the K3 visa in most situations.

The K3 visa was created under the language of the so-called “Life Act” which was promulgated during the latter part of the Clinton Administration. At that time, the backlog of I-130 petitions was rather large and the K3 visa was created to allow expedited marriage visa processing for the spouses of US Citizens. As technology improved and USCIS overcame their I-130 backlog the USCIS processing time for the K3 visa and the Immigrant visa categories (CR1 Visa, IR1 Visa) came into alignment. Therefore, the K3 visa became somewhat redundant and the National Visa Center seems to have made the decision to “phase out” these types of visas when they are no longer needed.

This does not mean that American marriage visas are no longer available at all. Instead, more and more couples seek visa benefits by using the classic I-130 petition. This petition, if approved, can be used to obtain a CR1 Visa or an IR1 Visa for the spouse of an American Citizen (Lawful Permanent Residents are eligible to petition for CR1 or IR1 immigration benefits, but it generally takes longer to process such requests). Currently, it takes approximately 11-12 months to obtain an Immigrant visa for the Indonesian spouse of a US Citizen taking into account USCIS adjudication (currently taking approximately 5-6 months), NVC processing, and Consular Processing at a US Embassy or US Consulate abroad.

For related information please see: K1 Visa Indonesia or K3 Visa Indonesia.

Tags: Administrative Closure, administratively closed, American Marriage Visa, American Marriage Visa Indonesia, American Visa Indonesia, CR1 Visa, CR1 Visa Indonesia, IR1 Visa, IR1 Visa Indonesia, K1 Visa, K1 Visa Indonesia, K3 Visa, K3 Visa Indonesia, National Visa Center, NVC, US Consulate, US Embassy, US Marriage Visa, US Marriage Visa Indonesia, US Visa Indonesia, USA Visa Indonesia, USCIS
Posted in CR1 Visa, IR1 Visa, K1 Visa, K3 Visa, US Embassy Indonesia, US Embassy Jakarta, US Visa, US Visa and Immigration, USCIS | No Comments »

Those who read this blog on a regular basis may have noted that recently less attention has been paid to the K1 visa than in the past. This development is partly due to the fact that there has been little to report regarding the US fiance visa as there have been few dramatic changes to the K1 visa process since the beginning of the year 2010. That said, with Comprehensive Immigration Reform possibly on the horizon, there are those who believe that many changes will be made to current US Immigration protocols. In a recent announcement, the American State Department sought comments regarding the DS-156K. This form is specifically used for Consular Processing of the K1 fiance visa. To directly quote an excerpt from the announcement as distributed by the American Immigration Lawyers Association (AILA):

We are soliciting public comments to permit the Department to: Evaluate whether the proposed information collection is necessary to properly perform our functions. Evaluate the accuracy of our estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. Enhance the quality, utility, and clarity of the information to be collected. Minimize the reporting burden on those who are to respond, Abstract of proposed collection: Form DS-156K is used by consular officers to determine the eligibility of an alien applicant for a non- immigrant fiancee visa. Methodology: The DS-156K is submitted to consular posts abroad.

In the past, the DS-156K might have also been utilized in a K3 Visa application pending before a US Consulate or US Embassy. However, the National Visa Center announced this year that many of the K3 visa applications will be “administratively closed” in cases where the underlying I-130 petition (used for spouse visas such as the CR1 Visa and the IR1 Visa) arrives at NVC simultaneously or prior to the arrival of the I-129f petition for a K3 visa.

In the context of the K1 visa, this request for comments would appear to be an attempt by the State Department to assess the utility of the DS-156K in an effort to streamline the processing of future K visa applications. How the comments will ultimately be used remains to be seen, but any attempt to make the visa process more efficient should be greeted positively by this author as the visa process can sometimes prove to be confusing and cumbersome those American Citizens wishing to bring a loved one to the United States.

For further information please see: K1 Visa Thailand or K3 Visa Thailand.

Tags: American Visa Asia, American Visa Thailand, CR1 Visa, DS-156K, Fiance Visa Thailand, IR1 Visa, K1 Fiance Visa, K1 Visa, K1 Visa Cambodia, K1 Visa China, K1 visa India, K1 Visa Indonesia, K1 Visa Laos, K1 Visa Malaysia, K1 Visa Singapore, K1 Visa Taiwan, K1 Visa Thailand, K1 Visa Vietnam, K3 Visa Thailand, National Visa Center, US Consulate, US Embassy, US Fiance Visa
Posted in American Institute Taiwan, Comprehensive Immigration Reform, CR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, National Visa Center, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Emassy Mongolia, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa and Immigration, US Visa Thailand | No Comments »

The administration of this blog routinely posts the processing times from the various Service Centers of the United States Citizenship and Immigration Service. This is done in an effort to provide up to date information about the current estimated processing times for visa categories such as the L1 visa, CR1 Visa, and the K1 visa. The following is quoted directly from the official USCIS website:

Those interested in obtaining a US visa for a foreign loved one, employee, or investor are well advised to note that the above quoted processing times do not reflect all of the usual waiting time in a given immigration matter, particularly where Consular Processing is called for. In many cases, the National Visa Center plays a role in the process and the case must be forwarded to a US Embassy or US Consulate abroad if the beneficiary is applying for the visa outside of the United States. These factors alone can cause further delays in the processing of a given case.

Those who must seek either an I601 waiver or an I-212 waiver before a visa can be granted may be precluded from receiving a visa until after such petitions have been adjudicated.

For related information about the US visa process in a country-specific context please see: US Visa China, US Visa Thailand, or US Visa India.

Tags: I-601 Waiver, K1 Visa, L1 Visa, National Visa Center, US Consulate, US Embassy, US Visa China, US Visa India, US Visa Thailand, USCIS Processing Time, USCIS Processing Times
Posted in American Institute Taiwan, CR1 Visa, Department of Homeland Security, Fiance Visa Thailand, I-601 Waiver, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Emassy Mongolia, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »