Integrity Legal

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

The Embassy will be closed on all offical holidays.

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

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

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

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

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

For related information please see: USCIS Estimated Processing Times.

Tags: American Citizen Services Nepal, American Embassy Kathmandu, American Embassy Nepal, B-1 Visa Nepal, B-2 Visa Nepal, CR-1 Visa Nepal, CR1 Visa Nepal, EB-5 Visa Nepal, IR-1 Visa Nepal, IR1 Visa Nepal, J-1 Visa Nepal, K-1 Visa Nepal, K1 Visa Nepal, L-1 Visa Nepal, US Embassy Kathmandu, US Embassy Nepal, US Fiance Visa Nepal, US Tourist Visa Nepal, US Visa Kathmandu, US Visa Nepal
Posted in US Embassy Kathmandu, US Embassy Nepal | No Comments »

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

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

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

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

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

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

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

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

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

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

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

Tags: Adoption Visa, American Embassy Kathmandu, American Embassy Nepal, immigrant Adoptions Visas, K1 Visa Vietnam, Nepal Adoption, Nepali Adoption, Orphan Visa, US Embassy Kathmandu, US Embassy Nepal, US Visa India, US Visa Nepal, US Visa Vietnam, USA Embassy Nepal, USCIS Nepal Adoption
Posted in Department of Homeland Security, US Embassy Kathmandu, US Embassy Nepal, USCIS | No Comments »

The J1 visa can be an effective travel document for those seeking admission to the United States for cultural and educational exchange. It was recently announced that certain changes will be implemented which may have a significant impact upon J1 visa applicants. The American State Department has made rule changes which may effect J1 visa processing, to quote a recent press release distributed by the American Immigration Lawyers Association (AILA):

On June 19, 2007, the Department published an interim final rule amending its regulations regarding Trainees and Interns to, among other things, eliminate the distinction between “non-specialty occupations” and “specialty occupations,” establish a new internship program, and modify the selection criteria for participation in a training program.

This document confirms the Interim Final Rule as final and amends the requirements to permit the use of telephone interviews to screen potential participants for eligibility, to remove the requirement that sponsors secure a Dun & Bradstreet report profiling companies with whom a participant will be placed and also amends this provision to provide clarification regarding the verification of Worker’s Compensation coverage for participants and use of an Employer Identification Number to ascertain that a third-party host organization providing training is a viable entity, and to clarify that trainees and interns may repeat training and internship programs under certain conditions.

It would appear that the US State Department is making these changes in order to better enjoy the benefits of technological advances. The use of telephone interviews for eligibility screening purposes will likely decrease overall processing time. Furthermore, repealing the Dun & Bradstreet report requirement will likely save individuals as well as companies time and resources when they opt to file for J-1 visa benefits on behalf of a foreign national.

The J-1 visa is often utilized by those who travel to the USA as exchange visitors. Often, those applying for such a travel documents do so at a US Embassy or US Consulate abroad. As the J-1 visa is a non-immigrant visa, the Consular Officer adjudicating the application must ascertain whether the applicant should be granted the visa notwithstanding the provisions of section 214b of the United States Immigration and Nationality Act which requires that those seeking a non-immigrant visa show “strong ties” to their home country and “weak ties” to the United States. Some are under the mistaken impression that a J-1 visa is a “dual intent” travel document akin to the L1 visa. Due to the provisions of section 214b of the INA, the applicant for a J1 visa should not maintain an intention to remain in the USA indefinitely.

For related information please see: US Tourist Visa.

Tags: 214(b), American State Department, Cultural Exchange Visa, Department of State, dual intent, Exchange Visitor Visa, J1 visa, L1 Visa, United States Immigration and Nationality Act, US State Department, US Visa, US Visa Bangladesh, US Visa Burma, US Visa China, US Visa India, US Visa Japan, US Visa Korea, US Visa Laos, US Visa Malaysia, US Visa Myanmar, US Visa Nepal, US Visa Philippines, US Visa Singapore, US Visa Thailand, US Visa Vietnam
Posted in General Legal Information, J1 visa, J1 Visa Thailand, K-3 Visa Thailand, L1 Visa, Miscellaneous, Thai Family Law, 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 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 Japan, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, 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 Thailand, US Embassy Tokyo, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »