Integrity Legal

The United States of America and the Republic of Korea have a long history of cooperation. The USA maintains an official Mission in Korea in the form of a US Embassy. In an effort to provide relevant information to American travelers and expatriates in Asia, this blog often posts the holiday closing schedules of various American Embassies and Consulates. Below is the holiday closing schedule for the US Embassy in Korea quoted directly from the US Embassy’s official website:

As this author has previously come to find, it can be frustrating to show up at a US Embassy or US Consulate to find it closed in observance of either a local or American holiday. Therefore, those with business before a United States Embassy or Consulate abroad are well advised to consult the official website of the Mission prior to traveling to the Post. Furthermore, those with business before an American Citizen Services Section of a United States Embassy or Consulate are well advised to check online to ascertain if the Post allows appointment to be set over the internet. Those seeking a new US passport, visa pages, Consular Report of Birth Abroad, or notarial services are often required to appear before American Citizen Services abroad in order to have their request processed. In many cases, scheduling an appointment in advance provides the Consular Officers with the opportunity to prepare in advance to efficiently serve Citizens. By streamlining the process it can decrease the wait time for Americans traveling to the Post.

Those wishing to schedule a visa interview appointment for an Immigrant visa such as a CR1 Visa or an IR1 visa are advised to check directly with the Post regarding such appointments. The same can be said for those wishing to schedule a non-immigrant visa appointment for travel documents such as the US Tourist Visa or the US Student Visa (For purposes of Consular adjudication the K1 visa is usually considered an immigrant visa).

Tags: American Citizen Services, consular report of birth abroad, CR1 Visa, Holiday Closing Schedule, IR1 Visa, K1 Visa, Thailand Consular Report of Birth Abroad, US Consulate, US Embassy, US Embassy Korea, US Embassy South Korea
Posted in US Embassy South Korea | 1 Comment »

The administration of this blog routinely posts the holiday closing schedules of US Embassies and US Consulates in Southeast Asia and India in an effort to provide information to travelers who may need assistance at a local Post. Below is the holiday closing schedule for the US Embassy accredited to Sri Lanka and the Maldives quoted directly from that Embassy’s official website:

The American Embassy will observe the following American and local holidays in 2010.

Americans traveling or residing overseas often find themselves in need of services routinely performed by Consular Officers at an American Citizen Services Post. The services most often sought by Americans abroad include: Passport renewal, adding of new visa pages, Consular Reports of Birth Abroad, and notarial services. As an example, in Thailand, many Americans wishing to register a marriage in the Kingdom must first obtain a notarized affidavit from the US Embassy Bangkok or the US Consulate Chinag Mai stating that they are legally free to marry.

Those seeking services at a United States Embassy or United States Consulate are well advised to check the holiday closing schedule before traveling to the post. Furthermore, those with business before the American Citizen Services Section of a US Consulate should ascertain whether or not the post takes appointments online. By scheduling an appointment in advance an American Citizen, or foreign national with business before the post, can put the Consular Staff on notice of expected services, which allows for more efficient service, and ensure that a place in line as some appointment times can be pre-booked online.

Those seeking visas are well advised to check with the local visa unit (either non-immigrant or immigrant depending upon the visa category) of the Consulate to learn about appointment booking procedures which may vary from post to post. For more information about United States Immigration please see: K1 visa.

Tags: American Citizen Services, American Visa, consular report of birth abroad, Immigrant Visa Unit, K1 Visa, Non-Immigrant Visa Unit, US Consulate, US Embassy, US Embassy Maldives, US Embassy Sri Lanka, Visa Unit
Posted in Thailand Marriage Registration, US Embassy Maldives, US Embassy Sri Lanka | No Comments »

As stated in recent postings on this blog, Holiday Closing Schedules for US Embassies and US Consulates overseas are routinely posted on this site in order to provide insight to those American travelers abroad who may be seeking services from a US Embassy or US Consulate located in one’s host country. Also, foreign nationals seeking services at an American Mission abroad may benefit from information regarding Post closure. The following Holiday closing schedule is directly quoted from the official website of the United States Consulate in Chennai, India:

The U.S. Mission will officially observe only the holidays listed below.

Date	Day	Holiday	Type
January 1	Friday	New Year’s Day	American
January 14	Thursday	Pongal/Tamil New Year’s Day (not for Karnataka)	Indian
January 15	Friday	Thiruvalluvar Day	Indian
January 18	Monday	Martin Luther King’s Birthday	American
January 26	Tuesday	Republic Day	Indian
February 15	Monday	Washington’s Birthday	American
April 2	Friday	Good Friday	Indian
April 14	Wednesday	Dr. Ambedkar’s Birthday	Indian
May 31	Monday	Memorial Day	American
July 5*	Monday	Independence Day	American
September 1	Wednesday	Krishna Jayanthi	Indian
September 6	Monday	Labor Day	American
September 10	Friday	Idu’l Fitr (Ramzan)	Indian
October 11	Monday	Columbus Day	American
November 1	Monday	Karnataka Rajyotsava Day (for Karnataka only)	Indian
November 5	Friday	Deepavali	Indian
November 11	Thursday	Veteran’s Day	American
November 17	Wednesday	Idu’l Zuha (Bakrid)	Indian
November 25	Thursday	Thanksgiving Day	American
December 17	Friday	Muharram	Indian
December 24**	Friday	Christmas Day	American

* in lieu of July 4, Sunday
** in lieu of December 25, Saturday

Generally, Americans seeking assistance at a US Embassy or US Consulate overseas are in need of services such as Passport replacement, retrieval of a Consular Report of Birth Abroad, addition of visa pages, or signature notarization. For services such as this American Citizens are generally wise to check with the American Citizen Services (ACS) section of an Embassy or Consulate overseas in order to ascertain if appointments can be scheduled online. The reason why this is so important is due to the fact that many ACS sections have a great deal of demand placed upon their time. Therefore, scheduling an appointment in advance and specifying the services sought can assist the Consular Officers in streamlining their services in such a way that the customers needs are met quickly, efficiently, and effectively.

Those seeking a US visa abroad must check each Post’s policy regarding visa interview scheduling. Generally, non-immigrant visa interviews are conducted in a different manner compared to Immigrant visa interviews. It has been this author’s experience that for purposes of visa application adjudications abroad K1 visa applications are treated as Immigrant visa applications even though the visa itself is a non-immigrant quasi-dual intent travel document.

Tags: ACS, American Citizen Services, dual intent, Holiday Closing Schedule, Holiday Closing Schedule US Consulate Chennai, K1 Visa, US Consulate, US Consulate Chennai, US Embassy, US Embassy India
Posted in K1 Visa, US Consulate Chennai, US Embassy India | No Comments »

Every year, many Americans travel throughout Asia. As a result, these American travelers sometimes find themselves in need of services that can only be handled by an officer of the government of the United States of America. For example, an American Citizen who loses his or her passport overseas is well advised to travel to the nearest US Embassy or US Consulate in order to apply for a replacement passport. Unbeknownst to some, American Missions abroad generally close their facilities in observance of both American holidays as well as holidays observed in the host country. This author has personally traveled to the US Embassy Bangkok only to find the Post closed in observance of American Veterans’ Day. Hopefully, by posting Embassy and/or Consulate holiday closing schedules on this blog it will forestall futile travel to a closed Post. The following is directly quoted from the official website of the United States Consulate in Mumbai, India:

Holidays 2010

Date	Day	Holiday	American/Indian
January 01	Friday	New Year’s Day	American
January 14	Thursday	Makar Sankaranti (for Ahmedabad USCS only)	Indian
January 18	Monday	Martin Luther King’s B’Day	American
January 26	Tuesday	Republic Day	Indian
February 12	Friday	Mahashivratri	Indian
February 15	Monday	Washington’s Birthday	American
March 1	Monday	Holi	Indian
March 16	Tuesday	Gudi Padwa (for Ahmedabad USCS only)	Indian
April 2	Friday	Good Friday	Indian
May 27	Thursday	Buddha Pournima	Indian
May 31	Monday	Memorial Day	American
July 05 *	Monday	Independence Day	American
August 19	Thursday	Parsi New Year	Indian
September 06	Monday	Labor Day	American
September 10	Friday	Ramzan-Id (Id-ul-Fitar)	Indian
October 11	Monday	Columbus Day	American
November 5	Friday	Diwali (Laxmi Pujan)	Indian
November 11	Thursday	Veterans’ Day	American
November 17	Wednesday	Bakri Id (Id-ul-Zua)	Indian
November 25	Thursday	Thanksgiving Day	American
December 24**	Friday	Christmas Day	American

* In lieu of July 4, Sunday
** In lieu of December 25, Saturday

Note: The American Citizens Services Unit will remain closed for services on every last Wednesday of each month for administrative purposes.

American Citizen Services (ACS) generally assists US Citizens, or Lawful Permanent Resident traveling abroad, with matters such as Passport issuance, Consular Report of Birth Abroad issuance, issuance of new visa pages, as well as notarizations. Those who may need to request the services of ACS are well advised to check the holiday closing schedule and also look to the official Consulate website in order to ascertain whether or not the Post provides online appointment scheduling. Scheduling an appointment online can greatly streamline dealing with ACS as Consular Officers are put on notice of requested services and can plan accordingly.

Tags: American Citizen Services, consular report of birth abroad, US Consulate, US Consulate Bombay, US Consulate Mumbai, US Embassy, us embassy bangkok, US Embassy India, US Visa
Posted in US Consulate Mumbai, US Embassy India | No Comments »

This blog frequently posts the holiday closing schedules of US Embassies and US Consulates overseas in an effort to forestall Americans or foreign nationals making an unnecessary and fruitless trip to the Post facilities of a US Mission abroad. The following is the holiday closing schedule for the United States Consulate-General in Kolkata, India as quoted directly from the official website of the US Consulate in Kolkata:

The U.S. Consulate General, the Consular/Visa Section, the Public Affairs Office at the American Center comprising of The American Library(AIRC), USIEF(United States India Educational Foundation) and the United States Foreign Commercial Service at Kolkata, India will observe the following American and Indian holidays in the year 2010.

DATE	DAY	HOLIDAY	TYPE
January 1	Friday	New Year’s Day	American
January 18	Monday	Martin Luther King’s Birthday	American
January 20	Wednesday	Shree Panchami	Indian
January 26	Tuesday	Republic Day	Indian
February 15	Monday	Washington’s Birthday	American
April 02	Friday	Good Friday	Indian
April 15	Thursday	Bengali New Year	Indian
May 31	Monday	Memorial Day	American
July 5	Monday*	Independence Day	American
September 6	Monday	Labor Day	American
October 11	Monday	Columbus Day	American
October 14	Thursday	Durga Puja(Saptami)	Indian
October 15	Friday	Durga Puja(Ashtami)	Indian
October 22	Friday	Lakshmi Puja	Indian
November 05	Friday	Kali Puja	Indian
November 11	Thursday	Veterans’ Day	American
November 17	Wednesday	Id-Ul-Zoha	Indian
November 25	Thursday	Thanksgiving Day	American
December 17	Friday	Muharram	Indian
December 24	Friday**	Christmas Day	American

*In lieu of Sunday , 7/4/10
** In lieu of Saturday, 12/25/10

Some of the popular reasons why American Citizens travel to a US Consular Post or a US Embassy overseas is to obtain new passports, visa pages, Consular Reports of Birth Abroad, or notarizations from the American Citizen Services Section of the Consulate. Those seeking such services are well advised to check the operating hours of the American Citizen Services Section of the Consulate as well as the holiday closing schedule in order to forestall a futile trip to the Post due to unforeseen closure.

It should also be noted that many United States Embassies and United States Consulates allow those with business at the post to book appointments online. This provides the Consular staff with an opportunity to better prepare to provide appropriate services to those seeking Consular assistance abroad.

Those seeking a visa to the United States do not deal with the American Citizen Services section of most US Consulates and/or Embassies as American visa applications are generally adjudicated by either the Immigrant visa unit or the non-immigrant visa unit (generally for purposes of Consular adjudication of a visa application the K1 visa is considered an Immigrant visa).

Tags: American Consulate Kolkata, American Embassy India, American Immigration India, American Visa India, Fiance Visa India, K1 Visa, K1 visa India, US Consulate, US Consulate Kolkata, US Embassy, US Embassy India, US Embassy New Delhi, US Immigration India, US Visa India
Posted in K1 Visa, US Consulate Kolkata, US Embassy India | No Comments »

Frequently, the administration of this blog posts holiday closing schedules for US Embassies and US Consulates overseas. This information is posted in an effort to forestall unnecessary trips to a US Embassy or US Consulate abroad. Many natives of the host country of an American Mission abroad are unaware of some of the holidays celebrated by Americans (which may result in the closing of a Post abroad in observance of said holidays). Furthermore, many Americans are unaware of certain local holidays observed by the host country (which may also necessitate Post closure). The following information is conveyed in an effort to provide clarification regarding Post closure. To quote directly from the official website of the US Consulate in Hyderabad, India, the following is a breakdown of the holidays observed by that Post:

* in lieu of July 4, 2010.

Note: In the year 2010, two Indian National Holidays – Independence Day and Gandhi Jayanthi fall on a Sunday and Saturday. The post will observe these holidays on Sunday, August 15, 2010 and Saturday, October 2, 2010 respectively”

Many Americans traveling abroad seek services from a US Consulate or Embassy overseas. Those who seek services from an American Citizen Services section of a US Embassy or US Consulate are well advised to check the local Post’s hours of operation, holiday closing schedule, and also ascertain whether or not the Post takes appointments online. For those seeking services from a US Consulate overseas, the process can be far more efficient where an American makes an appointment online s the appointment system often provides the customer with the opportunity to explain the services sought prior to the appointment date. This provides the Consular Officers with an opportunity to prepare themselves to best serve the customer’s needs.

United States Visa applications are not generally adjudicated by the American Citizen Services Section of a US Consulate. For more information about US Immigration generally please see: US visa.

Tags: American Citizen Services, American Immigration, American Visa, US Consulate, US Consulate Hyderabad, US Consulate Hyderabad Holiday Closing Schedule, US Embassy, US Embassy India, US Immigration, US Visa
Posted in US Consulate Hyderabad, US Embassy India | No Comments »

This blog routinely discusses issues and news relevant to US Immigration. In a recent announcement from the Office of Public Engagement, within the United States Citizenship and Immigration Service (USCIS), it was noted that a new Director has been named to oversee the activities of the California Service Center. The following is a copy of the announcement directly quoted from the American Immigration Lawyers Association (AILA) website:

Dear Stakeholders,

USCIS Director Alejandro Mayorkas has appointed Rosemary Langley Melville, currently the Acting Regional Director in the Southeast Region, as the new California Service Center (CSC) Director. Ms. Melville will assume her new responsibilities in late August.

Effective Monday, July 12th Barbara Velarde, Deputy Associate Director for Service Center Operations, assumed the role of Acting Director of the CSC with Phoenix District Director John Kramar as the Acting Deputy Director. We look forward to working together as we continue to address areas of common interest.

The California Service Center plays an integral part in US Family Visa cases as it processes a large number of visa petitions each year. For those living in certain Western US States the California Service Center is most often the processing point for K1 visa applications as well as the I-129f petitions submitted in connection with the K3 Visa category.

Those seeking traditional US Marriage Visa benefits may also have their petition processed by the California Service Center. When an I-130 petition (used by those seeking the CR1 and/or IR1 visa) is submitted to USCIS, the Lockbox Facility will usually forward the petition to either the California Service Center or its counterpart, the USCIS Service Center in Vermont. USCIS adjudicates the merits of the petition and assuming there is an approval in the case the file will be forwarded to the Department of State’s National Visa Center where it will either be quickly forwarded to the proper US Consulate or US Embassy (as is the case in the K1 visa process or the K3 visa process) or the NVC will hold the petition and begin the process of accumulating relevant documentation. After necessary documents are compiled the whole file will be forwarded to the Consular Post with appropriate jurisdiction.

If a visa application is denied by the US Consulate then the file will be sent back to USCIS for revocation. Under certain circumstances, a petitioner may challenge a USCIS revocation.

For further information regarding recent developments pertaining to Consular Processing and USCIS revocation please see: US visa denial.

Tags: United States Citizenship and Immigration Servioce, US Embassy, US Family Visa, US Marriage Visa, US Visa, us visa denial, USCIS, USCIS California Service Center
Posted in 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, News, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | 2 Comments »

K1 visas are a topic frequently discussed on this web log as they are a rather popular travel document for those American Citizens who have a foreign fiancee living outside of the United States of America. That said, in a recently filed complaint before the Federal District Court of Oregon an American Citizen, Dzu Cong Tran, asked for declaratory and injunctive relief as well as a writ of mandamus in connection with his previously filed I-129f petition on behalf of his Vietnamese fiancee. To quote the opening of the complaint:

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND PETITION FOR WRIT OF MANDAMUS

Nearly three years ago, the former United States Citizenship and Immigration Services (“USCIS”) Ombudsman Mr. Prakash Khatri issued recommendations to Department of Homeland Security (“DHS”) and USCIS regarding necessary changes to the standards and
processes for re-adjudication of petitions returned by consular offices for revocation or revalidation, due to systemic nationwide failures of the system. Two years ago, Jonathan R. Scharfen, former Acting Director of USCIS under the Bush Administration responded to the USCIS Ombudsman’s recommendations, implementing only some of those recommendations and specifically rejecting others. This class action lawsuit involves some of the recommendations of the USCIS Ombudsman which were rejected by defendants, in addition to other issues.

Through the contradictory and unlawful practices of each defendant agency, plaintiff and class members have been aggrieved by agency action and inaction, have suffered agency action unlawfully withheld and unreasonably delayed, have been subjected to arbitrary, capricious and unlawful denials and file transfers, have been deprived of due process of law and had visa issuance and petition approval denied or unreasonably withheld contrary to constitutional right, contrary to procedure required by law, and contrary to the limitations of statutory jurisdiction and authority. Thousands of families across the country and around the
world have been separated due to a colossal sparring match between the defendant agencies, and because of internal dissent within each agency.

Specifically, Plaintiff Dzu Cong Tran, on behalf of himself and all others similarly situated, challenges (a) defendant U.S. State Department’s (State Department’s) policies and procedures for processing and returning approved petitions to defendant U.S.
Citizenship and Immigration Services (USCIS) with a recommendation that the petition be revoked; and (b) defendant USCIS’ policies and procedures for revoking, denying or terminating petitions returned to it by defendant State Department. Plaintiff respectfully petitions this Court for injunctive, declaratory and mandamus relief to: (a) compel State Department to schedule a
visa interview within a reasonable period from the date that State Department’s National Visa Center receives an approved I-129F petition for fiancé(e) from USCIS; (b) compel State Department to issue a K-1 visa to the fiancé(e) of a U.S. citizen or notify the petitioner and beneficiary that the petition will be returned to DHS/USCIS within reasonable period following interview; (c) compel State Department to provide a reasonable period during which a petitioner and beneficiary may rebut consular findings before the petition is returned to DHS/USCIS; (d) compel State Department to return petitions to DHS/USCIS only where substantial evidence
exists that fraud, misrepresentation, or ineligibility would lead to denial, and not where it is merely suspected; and to provide a written notice supported by the legal and factual basis for the visa denial and petition return that are not conclusive, speculative, equivocal or irrelevant; (e)compel State Department to render a final decision to approve the K-1 visa or return a petition to
DHS/USCIS within a reasonable period not to exceed 30 days from the receipt of all necessary documents from the petitioner and beneficiary, and to accomplish delivery of the petition to State Department’s National Visa Center within such period; (f) declare that 8 C.F.R. § 214.2(k)(5), which purports to limit the validity of a K-1 fiancé(e) petition (Form I-129F) to four months, is ultra vires and in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (g) following such declaration, enjoin DHS/USCIS from limiting the validity period of any approved fiancé(e) petition; (h) declare that the Foreign Affairs Manual, at 9 FAM 40.63 N10.1, which purports to establish the materiality of an alleged misrepresentation pursuant to 8 U.S.C. 1182(a)(6)(C)(i), INA 212(a)(6)(C)(i), merely based upon DHS/USCIS summary revocation of the petition is ultra vires and in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (i) issue a permanent injunction barring the State Department from placing a marker, called a “P6C1” marker, or “quasi-refusal” in a visa beneficiary’s record, and deeming the DHS/USCIS revocation of the petition as automatically establishing the permanent misrepresentation bar to any future immigration possibility; (j) compel DHS/USCIS to issue a notice to petitioner within a reasonable period of time not to exceed 30 days from receipt of the returned petition from the State Department, providing petitioner with the legal and factual basis for the consular recommendation that is not conclusive, speculative, equivocal or irrelevant; (k) compel DHS/USCIS to provide petitioner the opportunity to submit evidence to rebut the consular recommendation within a reasonable period of time; (l) compel DHS/USCIS, in the case of a reaffirmation of approval, to deliver the reaffirmed petition to the State Department within a reasonable period of time, and compel State Department to issue the K-1 visa within a reasonable period of time following reaffirmation; (m) compel DHS/USCIS, in the case of a denial, to issue a decision within a reasonable period of time, and to advise petitioner of the right to appeal the decision to the Administrative Appeals Office.

The United States of America’s immigration apparatus is complex and multifaceted. This is due to the fact that two Departments have a role in the Immigration process and within each of those Departments there are multiple government agencies with different roles at differing phases of the process. For example, the United States Citizenship and Immigration Service (USCIS) and the United States Customs and Border Protection Service (USCBP), respectively, have jurisdiction over adjudication of visa petitions and inspection of aliens upon admission to the United States. In the interim, the Department of State, through the National Visa Center and each US Embassy or US Consulate abroad, is tasked with adjudicating visa applications and making determinations regarding an individual applicant’s admissibility to the USA. In the vast majority of cases involving a US visa denial the applicant will be provided written notice of the denial along with factual and legal reasons for the denial. Amongst many other things, the aforementioned complaint alleged that the:

State Department issued the [visa] denial based on mere suspicion and failed to provide a written notice supported by the legal and factual basis for the visa denial and petition return that was not conclusive, speculative, equivocal or irrelevant.

When a US visa application is denied, the Consular Officer issuing the denial should provide a written notice of denial based upon findings of fact and conclusions of law. The complaint, in essence, would seem to be alleging that the Officer at the US Consulate in HCMC did not provide a legally sufficient basis for denial.  Of further interest within the complaint was the following allegation:

State Department, in its denial, stated that, “[i]f USCIS revokes the petition, beneficiary will become ineligible for a visa under section 212(a)(6)(C)(i) of the Act.” INA 212(a)(6)(C)(i), 8 U.S.C. 1182(a)(6)(C)(i), is a permanent bar to admissibility for misrepresentation. Pursuant to the Foreign Affairs Manual, 9 FAM 40.63 N10.1, State Department placed a marker, called a “P6C1” marker, or “quasi-refusal” in Ms. Pham’s records, and will deem USCIS revocation of the petition as automatically establishing the permanent misrepresentation bar to any future immigration possibility.

This is an interesting phenomenon. As the US Immigration system becomes more sophisticated Department of State refusals seem to be evermore problematic for those who may later seek admission to the United States. For example, in another post on this blog it was noted that those with a previously issued 221(g) denial from a US Embassy or US Consulate may be denied benefits under the visa waiver program pursuant regulations related to the Electronic System For Travel Authorization (ESTA). As ESTA is under the jurisdiction of the USCBP and since that agency considers 221g refusals to be denials, while the Department of State continues to refer to them as refusals, the issuance of 221g could lead to an otherwise admissible individual being deemed inadmissible to the United States. This author has never personally dealt with a situation in which a Consular Officer has denied a US visa without a factual or legal basis. Hopefully, this case will help ascertain the exact nature of visa refusals at Consulates and Embassies overseas. Bearing that in mind, the decision in a case such as this could have major ramifications upon Consular Processing procedures at virtually every US Consular Post abroad.

For further information related to the US fiance visa please see: K1 visa.

Tags: ESTA, K1 Visa, K1 Visa Denial, US Consulate, US Embassy, us visa denial, USCBP, USCIS, Visa Waiver Program, writ of mandamus
Posted in Department of Homeland Security, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, National Visa Center, US Consulate ChengDu, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, USCBP, USCIS | 4 Comments »

Marriage Fraud as well as Immigration Fraud are a serious issues in the eyes of those agencies tasked with the job of adjudicating visa petitions and enforcing American law with regard to admission to the United States. With that in mind, it should be noted that domestically the United States Immigration and Customs Enforcement Service (USICE) has jurisdiction to enforce immigration regulations as well as decisions issued by Immigration courts. The following is a direct quote from a recently promulgated press release from the Immigration and Customs Enforcement Service:

LOUISVILLE, Ky. – A U.S. citizen, who was paid to engage in a phony marriage with a Cambodian national to evade immigration laws, pleaded guilty Tuesday in federal court. The guilty plea resulted from an investigation by U.S. Immigration and Customs Enforcement (ICE). Justin Michael Martin, 25, of Georgetown, Ky., pleaded guilty June 22 in the Western District of Kentucky
to conspiracy to commit marriage fraud and marriage fraud. Martin admitted that between Jan. 1, 2000 and April 7, 2010, he knowingly reached an agreement with Yota Em, Phearoun Peter Em, aka Sophea Lim, and Michael Chanthou Chin to knowingly enter into a marriage to evade U.S. immigration laws. Martin admitted that Phearoun Peter Em drove Martin to a U.S.
Post Office in Lexington to apply for a U.S. passport, and that Phearoun Peter Em paid the passport
application fee. On June 17, 2004, Michael Chanthou Chin drove Martin and others to the Louisville airport. In exchange for a fee, Martin, Phearoun Peter Em, and others traveled from Kentucky to Cambodia. Once in Cambodia, Martin met with Cambodian national Yota Em and agreed to marry her to evade the immigration laws of the United States.

Photographs were taken of Martin and Yota Em during an engagement ceremony on June 25, 2004, and at other locations in Cambodia. While in Cambodia, members of the conspiracy paid for Martin’s lodging, food, transportation, sexual services from a Cambodian female, and other expenses.
On June 27, 2004, Martin returned to the United States and was met at the airport by Michael Chanthou Chin. Thereafter, certain immigration forms were completed by Martin and Yota Em, which falsely represented the marriage as genuine. On Sept. 27, 2005, Yota Em entered the United States using a K-1 (fiancée) visa. On March 5, 2007, Yota Em and Martin participated in a civil marriage ceremony in Lexington, knowing that the marriage was not entered into in good faith, was in exchange for something of value, and that the purpose of the marriage ceremony was to enable Yota Em to obtain U.S. permanent resident status in the United States. Phearoun Peter Em and Michael Chanthou Chin served as witnesses at the civil marriage ceremony.

Martin and Yota Em subsequently participated in a marriage interview with immigration officials in Louisville and falsely claimed that they married in good faith. Phearoun Peter Em acted as an interpreter for Yota Em. On June 30, 2009, Martin and Yota Em were divorced. The marriage between Martin and Yota Em was fraudulent and was entered into solely to evade U.S. immigration laws. Martin admitted that he was paid about $7,000 for participating in the marriage fraud scheme.
Defendant Yota Em is currently a fugitive. Anyone with information about her whereabouts should call 1-866-DHS-2ICE. The maximum potential penalties for Martin are 10 years’ imprisonment, a $500,000 fine, and supervised release for a period of six years.

Assistant U.S. Attorney Ann Claire Phillips, Western District of Kentucky, is prosecuting the case. For more information, visit www.ice.gov.

It is unfortunate to see this type of fraud occurring as it makes it increasingly difficult for bona fide couples to receive immigration benefits due to the fact that the American government must expend resources in an effort to catch fraudulent visa petitions and applications. As time and resources are spent investigating visa fraud, the overall visa process for all applicants could slow down. That said, Officers of the United States government should be commended for their diligence in apprehending the individuals involved in the conspiracy noted above. Fraud Prevention is a serious issue that must be dealt with in order to forestall an erosion of the integrity of the US Immigration system.

In recent weeks it has been announced that fees associated with the K1 visa and the K3 Visa are increasing. There is speculation that the funds derived from the increase in fees will be used to combat immigration fraud on a wider scale as the fee is being increased by the Department of State for those applications filed at a US Consulate or US Embassy abroad. Many feel that the funds will likely be used to increase the resources available to each Fraud Prevention Unit attached to US Missions overseas. Hopefully, by increasing resources available to Fraud Prevention Units outside of the USA, there will be fewer people entering the United States illegally based upon sham relationships.

Tags: Conspiracy to Commit Marriage Fraud, Department of Homeland Security, DHS, Fiance Visa Fraud, Fraud Prevention, Fraud Prevention Unit, ICE, Immigration and Customs Enforcement, Marriage Fraud, Marriage Visa Fraud, Sham Marriage, US Consulate, US Embassy, US Immigration, US Immigration Fraud, US Visa, US Visa Cambodia, US Visa Fraud, USICE
Posted in Department of Homeland Security, K1 Visa, K3 Visa, US Consulate ChengDu, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, USICE | 1 Comment »

This blog routinely discusses interesting issues associated with American Immigration and US Embassies and Consulates overseas. That being said, in a recent press release from the American State Department it was noted that Officers at the US Embassy in China are opening their facilities in order to assist in processing the extremely large number of visa applications made by Chinese nationals who are seeking admission to the United States. The following is a direct quote from the aforementioned press release:

The U.S. Embassy in Beijing, along with four U.S. consulates general across China, is opening on Saturdays over the next few weeks to accommodate thousands of Chinese travelers seeking visas to visit the United States.

Trade, commerce, people-to-people exchanges, and tourism between China and the United States have grown dramatically over the past couple years. In 2009, U.S. consulates in China issued more than 487,000 visas to Chinese travelers. Sixty-six percent of these visas were for business and tourism. Growth in 2010 has been even more dramatic. China’s 2010 visa load is up 28 percent over the same period last year.

“We’re excited about the extraordinary growth in visa demand in China and what it means for our countries’ deepening economic and interpersonal relationship,” said Janice Jacobs, Assistant Secretary of State for Consular Affairs. “We expect this trend to continue and are actively increasing staffing in our Embassy and consulates. We also introduced new technologies to improve our efficiency while providing more convenient procedures for applicants.”

“While we’re pleased about increased Chinese interest in traveling to the United States, we are not pleased by the increased wait times for a visa appointment,” observed U.S. Ambassador to China Jon Huntsman, Jr. “We applaud the efforts of our Consular staff and the Bureau of Consular Affairs to think creatively and boost resources to help clear the backlog. I witnessed our team’s dedication when I visited the Consular Section last week.”

This author applauds the efforts of the US Embassies and Consulates in China. The attitude taken toward the backlog of pending applications in China is similar to the attitude taken by the US Embassy in Bangkok regarding the backlog arising from recent unrest in the city. In Thailand, this author is pleased to have been witness to the exceptionally diligent efforts of the Consular Officers and support staff at the US Consulate in Bangkok as they cleared a rather large caseload which arose as a result of the extended closure of the Post due to the protests that broke out in the district in which the Post is located.

Although the US Immigration process can be rather cumbersome, it is nice to see that officers in the Department of State are taking active measures to creatively and efficiently deal with what could be viewed by others as an overwhelming work load.

Tags: American Consulate Chendu, American Consulate Guangzhou, American Consulate Shanghai, American Consulate Shenyang, American Consulate Wuhan, American Embassy Beijing, American Embassy China, US Consulate, US Consulate ChengDu, US Consulate China, US Consulate Guangzhou, US Embassy, US Embassy Beijing, US Embassy China, US Visa
Posted in US Consulate ChengDu, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate Shanghai, US Consulate Shenyang, US Consulate Wuhan, us embassy bangkok, US Embassy Beijing, US Embassy China, US Embassy Thailand, US Tourist Visa, US Visa, US Visa and Immigration | No Comments »