Integrity Legal

For those entering the United States of America on a non-immigrant visa, there is generally a requirement that the entrant have non-immigrant intent. This means that the person entering the country must intend to simply remain on a temporary basis and not have the intention to reside in the United States permanently. United States Visas that require non-immigrant intent include the US Tourist Visa, the F1 Student Visa, and the J1 Exchange Visitor Visa. For each of these categories, the prospective entrant could be denied access to the United States either by visa denial or entry denial at the United States Embassy in Bangkok or the port of entry in the USA. Due to the risk of visa denial or entry denial, it is always recommended to apply for a visa that comports to the applicant’s true intentions.

Conversely, it may be unwise to apply for an immigrant visa if the parties true intentions do not actually involve residing in the United States. In this situation, the issue of intent is somewhat more fluid, but it is still advisable that the parties have a bona fide intention to reside in the USA.

With both of these issues in mind, there is something of a “middle path,” with regard to United States Immigration. This middle path is the doctrine of dual intent. This doctrine is a legal concept that deals with the fact that there are some cases where a US Visa must permit foreign nationals to be present temporarily in the United States of America in legal status and still have immigrant intent. The doctrine was promulgated due to practical necessity as there are situations in which aliens come to live and work in the USA on temporary visas, but they themselves wish to eventually obtain lawful permanent residence. United States Immigration authorities and experts have come to recognize that there are certain situations where this seemingly paradoxical situation must be accepted and, to a certain extent, encouraged.

An example of a commonly sought visa category in Thailand, is the K1 fiance visa. The K1 is a non-immigrant visa, but the alien entering the US on this visa is generally doing so in order to: reunite with their fiance(e), marry, and adjust status to permanent residence.  Therefore, the K1 visa is essentially a dual intent visa as it only allows for a 30 day temporary stay, but provides the opportunity to acquire US permanent residence.

To some extent, the K3 visa is a dual intent travel document as it is technically a non-immigrant visa, but once in the United States, the visa holder must eventually adjust status as the K3 does not confer lawful permanent residence. Usage of the K3 has declined in recent years as visa processing times have decreased for immigrant visas and increased slightly for K3 visas.

L1 visas as well as H1-B work visas are further examples of temporary visas which allow for dual intent. Although, these categories are employment based visas.

Tags: Dual Intent Doctrine, K1 Visa, K1 Visa Thailand, K3 Visa, us embassy bangkok, US Immigration Law, US Tourist Visa, US Visa Thailand
Posted in Adjustment of Status, F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, L1 Visa, Legal Opinion, us embassy bangkok, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 2 Comments »

This blog has often compared and contrasted the difference between the Immigration procedures for obtainment of a US Visa and a Thai Visa. To further compare the two systems, this post will provide a brief overview of the financial requirements one must meet in order to obtain a visa to Thailand or the United States of America.

In order to sponsor a traveler to the United States, one must first decipher the type of visa the traveler will be using. In the case of Non-Immigrant visas (F1 student visa, J1 exchange visa, or B1 Business Visa) the applicant must be able to prove that they or their sponsor will be able to pay the expenses related to the trip. In the case of F1 and J1 visas, the applicant must show that they will also fully pay for their educational endeavors or their exchange program. In some cases, the J1 visitor must reimburse the public education system where they stay in order to obtain the J1 visa.

In the case of United States Immigrant IR1 and CR1 visas for family members from Thailand, the American Citizen must show that they meet the income or financial requirements in order to act as sponsor for their loved one. The basic concern of the Consular officer revolves around the notion that the Immigrant could become a “public charge,” if the American Citizen does not have the resources to pay for the foreign spouse. An I-864 affidavit of support is used to assist in determining if the American is capable of sponsorship.

The K1 visa is a combination of the non-immigrant and immigrant visas. That being said, an affidavit of support must be filled out by the American Citizen. The difference between the I-134 and I-864 is the fact that the I-864 is more legally binding with regard to the sponsor. If the foreign entrant ever becomes a ward of the state, then the sponsor could be forced to reimburse the American government for the expenses the foreign national incurs. The K3 visa, although a marriage visa, is technically a non-immigrant visa so the American Citizen must simply submit an I-134 affidavit of support.

In Thailand, there are certain Thai visa categories which require that the applicant show that they have some sort of financial safety net. Visas such as the Thai retirement visa and the Thailand O visa (based upon marriage), require the visa holder to continually prove that they either meet a prescribed minimum monthly income or have a certain amount of money in a Thai bank account.

For those applying for Thai visas outside of Thailand, certain consulates have differing financial requirements depending upon the visa category. Therefore, one wishing to obtain a Thai Business Visa may be required to show a minimum bank balance. The minimum financial requirement may vary from post to post.

The United States Embassy in Thailand, diligently scrutinizes the financial resources of those applicants wishing to obtain an American visa. Many people believe that there is some sort of magic numerical amount of money that if shown in a bank account will guarantee visa application approval. In reality, the Embassy looks at the “whole picture” when making decisions on US tourist visas and often simply having a large bank balance is not enough to obtain a tourist visa. Further, in cases where an American boyfriend tranfers a large amount of money into a Thai applicant’s bank account in an effort to “beef up” the applicant’s credentials, the Embassy can tell that the bank balance is artificially inflated and will likely deny the application. It is never wise to manufacture evidence in order to obtain a United States visa on behalf of another.

Tags: Affidavit of Support, B2 Visa, CR1 Visa, F1 Visa, Financial Requirement Immigration, I-134, I-864, I134, I864, Immigrant Visa, IR1 Visa, J1 visa, K1 Visa, K3 Visa, Thai Visa, Thailand Immigration, Thailand Visa, US Tourist Visa, US Visa Thailand
Posted in F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, Thailand Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

Although it is not an issue which most people wish to think about, the fact remains that each year many people are denied United States Immigration benefits. From Thailand, it is not entirely uncommon to see Thai nationals with improper documentation being turned away at the US port of entry. In many cases, those trying to enter the USA are given the opportunity to exercise the option to voluntarily depart the United States.

The legal act of Voluntary departure allows an alien, who could otherwise be deported or removed, to leave the United States of America at their own cost within a specified period of time and thereby avert an order of deportation or removal.  That being said, in certain cases voluntary departure is not a viable legal option.

Voluntarily departing the United States of America is more desirable from an Immigration standpoint when compared to being forced to leave the USA pursuant to an order of deportation.  Should an immigrant (or non-immigrant) be subjected to an order of removal (deportation) he or she might be precluded from coming back the United States of America for as long as a decade and could be subject to criminal and civil sanctions if he or she reenters without first obtaining appropriate legal authorization.  Should the immigrant depart the United States voluntarily within the time frame ordered by the judge or offered by the Immigration officer, then he or she will not be estopped from legally reentry to the United states at some point in the future. It should be noted that a person who has a removal order on his or her record is not allowed to apply for removal cancellation, adjustment of status and/or any other United States immigration benefits for certain statutorily prescribed periods.

Cases involving voluntary departure often arise when a Thai is using an improper visa to try to enter the US. This is especially common for those who try to use a US tourist visa, but have obvious immigrant intent. For instance, Thai women who are going to the the United States on a US tourist visa to visit their fiancee could be turned away because the Immigration officer feels they should obtain a K1 visa for such a purpose.  Technically, Customs and Border Patrol (CBP) have the authority to put the prospective entrant through expedited deportation, but in some cases they will simply allow the visa holder to depart of their own volition.

In order to forestall the need for voluntary departure, to avoid the possibility of expedited deportation, and simply to be ethical, it is never wise to dishonestly apply for a US tourist visa, student visa, US business visa, or Exchange visitor visa when the applicant intends to travel to the USA for the purposes of marriage and adjustment of status.

(This is not to be used as competent advice on the law. No attorney-client relationship should be inferred from reading this piece.)

Tags: American Visa Thailand, Fiancee Visa, Immigration rules, K1 Visa, K1 Visa Thailand, US Tourist Visa, US Visa, US Visa Thailand
Posted in F1 Visa Thailand, J1 Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

For those seeking to obtain a USA Visa from Thailand, it is almost inevitable that the United States Citizenship and Immigration Service (USCIS) will be involved in the process. That being said, depending upon the visa being sought, USCIS may play less of a direct role in the initial process.

The United States Citizenship and Immigration Service has had an interesting recent history. Currently, the office is under the administrative jurisdiction of the Department of Homeland Security. USCIS former acronym was INS which stood for the Immigration and Naturalization Service. In the aftermath of  September 11, 2001 it was decided that the services provided by INS could be better facilitated under the aegis of the Department of Homeland Security and INS was folded into that agency. For a time, the United States Citizenship and Immigration Service was known simply as the Bureau of Citizenship and Immigration Services (BCIS), but the acronym and name was officially changed to the current form on October 13, 2004.

For Immigrant visas that confer either conditional or unconditional lawful permanent residence (Greencard) to an alien upon entry, USCIS will play a major role in adjudicating the I-130 visa application. In certain instances where the United States Citizen has been living in the Kingdom of Thailand for a specified period of time, it may be possible to locally file an I-130 application at the USCIS office in Bangkok. This procedure is sometimes mistakenly called “Direct Consular Filing,” but, in point of fact, this appellation is misapplied. A direct consular filing can only occur at a consular section when a United States consular officer at a US Embassy or Consulate General accepts a visa application that has not first been adjudicated by USCIS either in the United States or at an office abroad. In Thailand, it is very rare for a consular officer at the US Embassy in Bangkok or the Consulate General in Chiang Mai to accept a visa application directly because there is a large local USCIS office in Bangkok.

For those making a K-1 visa application, it will be necessary to file the application at a USCIS service Center in the United States. The United States Citizen petitioner’s residence will determine what service center should be used when submitting the initial application.  For those unfamiliar with the K-1 visa, it is a fiance visa designed to allow an American’s foreign fiance to come to the USA for the purpose of marriage.

For those making a K-3 visa application, the I-129f application must be sent to a USCIS service center and not the Chicago Lockbox. The K-3 visa was designed as an expedited marriage visa for spouses of American Citizens.

F-1 visa applications and J-1 visa applications are generally submitted directly to the United States Embassy with jurisdiction over the applicant’s place of residence. US Tourist Visa applications are also submitted directly to the US Embassy.

(This is intended for educational purposes only, it is not legal advice. For Legal advice about Immigration law, contact a visa lawyer. No attorney client relationship is created between the author and any reader of this piece.)

Tags: American Visa Thailand, Green Card, K-1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, K3 Visa Thailand, US Tourist Visa, US Visa Thailand, USA Visa Thailand, USCIS
Posted in F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Integrity Legal’s Thailand office is located in Bangkok, the nation’s capital. The majority of United States Visa cases that the firm handles are those involving loved ones of United States Citizens or Lawful Permanent Residents. Visas that require a familial relationship for approval are not generally processed at the Consulate General of the United States in Chiang Mai. For the most part,  the Chang Mai consulate handles non-immigrant visa applications. As a result, when writing this blog we sometimes overlook the US Consulate General in Chiang Mai even though the post does handle a significant amount of US Immigration matters.

The most common types of non-immigrant visas that the Consulate adjudicates are F-1 Student Visas, J-1 Exchange Visitor Visas, and B-1 Business Visas. Also, I assume that the Consulate General sees a great many applications for the US Tourist Visa.

Some US Citizens who are either living in Northern Thailand or who have a Thai fiancee or spouse from Northern Thailand mistakenly seek to obtain a K-1 visa or US Marriage visa from the Consulate in Chiang Mai. As all of these visas require some form of immigrant intent, they are usually not processed at the Consulate in  Chiang Mai, but instead find their way to the United States Embassy in Bangkok.

Other than processing visa applications and dealing with United States Citizens who need assistance, the Consulate also supports the exchange of information and culture between the Kingdom of Thailand and the United States of America. The Consulate General in Chiang Mai is involved in efforts to help preserve the environment. The American Consulate in Chiang Mai is a major supporter of programs to catch those involved in the trafficking of people across international boundaries. The United States of America actively and constantly supports efforts within the Kingdom of Thailand to stamp out the farming of opium. The US Consulate seems to wholeheartedly support the idea of providing information and incentives for farmers to grow other crops in place of opium.

Although we write about the US Consulate in Chiang Mai quite a bit less than the US Embassy in Thailand. It is still staffed by efficient and professional officers who do their job in an efficient and effective manner.

The Website for the consulate is very helpful for those seeking Consular assistance.

(Nothing contained in this post should be used as legal advice. No attorney/client relationship is created by reading this post. For legal advice contact an attorney. For more information about Immigration and visa issues in Chiang Mai, please contact the Consulate.)

Tags: American Visa Thailand, K-1 Visa Thailand, US Consulate Chiang Mai, US Tourist Visa, US Tourist Visa Chiang Mai, US Visa Thailand
Posted in K1 Visa Thailand, US Consulate Chiang Mai, US Visa and Immigration, US Visa Thailand | No Comments »

The B-2 Tourist Visa is designed to allow the bearer entry into the USA for the sole purpose of visiting for short time leisure or entertainment. The Tourist Visa for a Fiancee or Spouse is generally not advisable because it is likely that a Thai applicant  for a Tourist Visa (in a relationship with an American) will be turned down due to a failure to overcome the presumption of immigrant intent made by the consular officer adjudicating the visa application. As a US Visa Lawyer I generally advise against the tourist visa unless the applicant truly fits the statutory elements requisite to obtain this travel document.

The Presumption of Immigrant Intent and the US Tourist Visa

Under Section 214(b) of the United States Immigration and Nationality Act (INA) there is a legal presumption that all applicants for non-immigrant visas (such as US B2 tourist visas and F-1 student visas) are actually “intending immigrants”. To put this another way, there is a legal presumption that a non-immigrant visa applicant intends to overstay in the United States in violation of the restrictions inherent to the visa. Therefore, the burden of proof is placed upon the applicant to establish that they will depart from the US at the conclusion of their stay in the USA. To overcome the presumption of immigration the applicant must prove through quantifiable evidence that they posses strong ties to their mother country (in this case Thailand) and weak ties to the United States. In the best case scenario these strong ties to Thailand should show that the applicant is essentially  required to leave the United States and return to Thailand at the end of their proposed trip.

This presumption becomes a major issue where a Thai-American couple wishes to obtain a US Tourist Visa for the Thai National in order to visit the USA. As stated above a “strong tie” such as having an American partner in a relationship could result in denial because there can be a plausible inference that the Thai may go to the United States and never return because they will remain in the United States with their loved one.

Visa Fraud Using the US Tourist Visa

Another issue that comes up with regard to US Tourist Visas for Thais is the issue of visa fraud and adjustment of status once present in the USA. It is technically visa fraud to enter the US on a Tourist Visa with intent to marry an American and adjust status. Many applicants in the past used the Tourist visa as an expedited alternative to the usual channels for US Family Immigration (K1 Visa and the US Marriage Visa) .  In a way, this past practice has resulted in heightened scrutiny on the part of the consular officers adjudicating B2 applications. The upshot of this heightened scrutiny seems to be a higher rate of rejection of those applicants for a Tourist Visa who have an American loved one (specifically, boyfriend, spouse, or fiancee, although the author cannot speak about those applicants who have other American relatives).

Tags: American Tourist Visa Thailand, B2 Visa, US Tourist Visa, US Tourist Visa Bangkok, US Tourist Visa Thailand
Posted in US Visa and Immigration, US Visa Thailand | 2 Comments »