Integrity Legal

In a recent blog posting the former President of the American Immigration Lawyers Association (AILA), Mr. Charles Kuck, praised Congressman Luis Gutierrez for proposing an Immigration Reform Bill in the United States House of Representatives. Currently, some members of AILA feel that the American Immigration system is highly flawed and, to quote Mr. Kuck’s blog posting:

“The results are tragically similar, children separated from their parents, husbands separated from their wives, businesses unable to secure their future because of a lack of talent and skilled employment, and an economy unable to nimbly shift from the 19th and 20th century into the 21st century. As a country, we can no longer tolerate what has become a human disaster.“

The human perspective of United States Immigration policy is an aspect that some lawmakers fail to consider, but one that they probably should not overlook because America is a nation founded by immigrants and it is our immigrant heritage that makes America a vibrant and innovative nation. The most disturbing facet of the current United States Immigration infrastructure is the fact that it does have a tendency to keep family members separated for, what can turn out to be, a substantially long period of time. For those couple who follow the proper immigration procedures it could still take longer than one year to re-unite a couple.

Of further importance is the need to rectify the US Immigration apparatus with regard to same-sex couples. Unfortunately, due to provisions in the Defense of Marriage Act, it is not possible for same-sex married couples to obtain US Immigration benefits based upon a lawfully executed marriage. There are advocates in the House of Representatives and Senate who wish to change this unfortunate state of affairs, but it seems that they have an uphill battle ahead of them.

Another critical aspect of US Immigration that is desperately in need of an overhaul is the area of employment based visas. Although America is only slowly coming out of “The Great Recession” and is still reluctant to allow more foreign workers into the American labor force, this is a necessity as foreign highly-skilled workers keep the US economy on the cutting edge of both innovation and technology. The United States does itself a disservice by prohibiting foreign skilled workers from entering the country. Hopefully Congressman Gutierrez will be able to get this much needed bill passed and usher in a modern era in US Immigration.

Tags: American Visa, Comprehensive Immigration Reform, Congressman Luis Gutierrez, Same Sex Immigration, same sex visa, US Immigration, US Immigration Thailand, US Visa Thailand, US Visas
Posted in General Legal Information, Legal Opinion, Miscellaneous, Upcoming Legislation, US Visa and Immigration, US Visa Thailand | No Comments »

In a previous post on this blog this author brought up the fact that the Department of State is raising the fees for non-immigrant visas such as the US Tourist Visa, the Exchange Visitor Visa, and the US Student Visa. However, it was not clear just how this proposed fee increase would effect other types of US visas. The Department of State recently promulgated a press release discussing the impact of the proposed rule change. This author came by this press release thanks to AILA. To quote this press release:

“Under the proposed rule, applicants for all visas that are not petition-based, including B1/B2 tourist and business visitor visas and all student and exchange-visitor visas, would pay a fee of $140.

Applicants for petition-based visas would pay an application fee of $150. These categories include:

H visa for temporary workers and trainees
L visa for intracompany transferees
O visa for aliens with extraordinary ability
P visa for athletes, artists and entertainers
Q visa for international cultural exchange visitors
R visa for religious occupations

The application fee for K visas for fiancé(e)s of U.S. citizens would be $350. The fee for E visas for treaty-traders and treaty-investors would be $390. The Department will not begin collecting the new proposed fees until it considers
public comments and publishes a final rule.”

This author added the above italics for emphasis because this is a substantial fee increase compared to the current amount that must be paid in connection with K visas. At the time of this writing, the Consular processing fee paid at the US Embassy in Bangkok or the US Consulate in Chiang Mai is $131. The proposed rule would increase this fee to $350. The US State Department has noted that the increase in fees is necessary because the K1 visa and the K3 visa require more diligent adjudication on the part of Consular Officers. This author would generally agree with this statement as it has been his opinion that Consular Officers diligently investigate and judge these petitions in an effort to provide a fair, thorough, and efficient adjudication. That being said, this fee increase will probably have a major impact upon those who have already filed for K1 and K3 visa benefits. Hopefully, these fee increases will come into effect after a grace period whereby those who filed before the fee increase will be able to enjoy the previously lower fee while new applications will have the fee increase phased in. However, the logistics of this proposal may be cost prohibitive as keeping track of previously filed cases could be highly labor intensive.

For more information on this and other US Immigration matters please see: US Visa Thailand.

Tags: AILA, American Embassy Bangkok, American Embassy Thailand, American Visa Thailand, B1 visa, B2 Visa, Consular Processing, DOS, Exchange Visitor Visa, F1 Visa, J1 visa, K1 Visa, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, us embassy thailand, US Student Visa, US Tourist Visa, US Visa, US Visa Thailand
Posted in F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 1 Comment »

The K1 visa was designed to provide a means and method for foreign fiancees to travel to the United States of America in order to be reunited with their US Citizen loved one. It is commonly referred to as a Fiancee visa because that is this visa’s intended use. The major upside of the K1 visa is the fact that it has the fastest processing time when compared to marriage visas such as the K3 visa and CR1 visa. However, the K1 visa does require that the applicant adjust status to lawful permanent residence after entry in the United States. Generally, this process takes approximately 6 months from application submission until final adjustment decision.

An I-601 waiver is necessary for those who have been found inadmissible to the United States based upon one of the legal grounds of inadmissibility found under the provisions of the United States Immigration and Nationality Act. In Thailand, the two most common grounds of inadmissibility are the result of factual findings that the applicant engaged in prostitution within 10 years prior to the application’s submission or a finding that the applicant overstayed in the United States while present on a prior US visa.

Many pose the question: if My Thai fiancee is approved for one of the aforementioned waivers, will she need to ever deal with the issue again? The short answer: no. Once an I-601 waiver application is approved it is binding upon later proceedings. Therefore, if the Office of the United States Citizenship and Immigration Service (USCIS) in Bangkok approves a waiver application, then that holding based upon those facts will be respected by a local USCIS office adjudicating all later matters that have to do with the alien’s presence in the United States.

An example of how this can play out: a Thai fiancee is denied for a K1 visa based upon a legal grounds of inadmissibility, the case is forwarded to USCIS Bangkok pursuant to an application for an I-601 waiver, the I-601 waiver application is approved, the case is forwarded back to the Consulate at the US Embassy, the US Consulate issues the visa, the applicant travels to the USA, is lawfully admitted, marries the American Citizen fiance, and applies for adjustment of status. In this scenario, the prior waiver would be recognized during the adjustment proceedings and therefore the issue would likely not be re-visited. The major upside to a waiver being approved overseas is the fact that it provides certainty as to how the process will move forward and may also be beneficial because waiver issues will be put to rest outside of the jurisdiction in which the American Citizen resides.

Tags: CR1 Visa, I-601 Waiver, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Consulate, US Consulate Chiang Mai, US Embassy, us embassy bangkok, US Visa, US Visa Thailand, US Visa Waiver, USCIS, USCIS Bangkok
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS, Visa Waiver | No Comments »

When visa applications are submitted they process through the US Immigration system. The process depends upon the type of visa being sought. In situations in which applicants are seeking a K1 visa, K3 visa, CR1 visa, or IR1 visa the process is often routine, but many get through the entire process to find themselves confronted with a 221(g) refusal. AILA recently distributed an article dealing with this issue as it now has an impact upon those who utilize the Visa Waiver program and ESTA (the Electronic System for Travel Authorization) when traveling to the USA. To quote the publication’s section on 221(g) refusals:

“Section 221(g) of the INA provides for a temporary refusal when an otherwise qualified visa applicant is found to be lacking a specific document, or when a consular officer determines that additional security clearance is required. Consular officers beneficially use 221(g) as a way of affording applicants every opportunity to supplement their applications in order to address concerns – such as possible fraud – that arise at the visa interview. Once the deficiency is satisfied, or the concern resolved, 221(g) refusal is “overcome” and the visa may be issued.”

221(g) denials can truly be a boon to both the Consular Officer and the Immigration attorney as it provides a clear indication of what needs to be presented in order to facilitate visa issuance. That being said, Consular Officers can re-issue 221(g) refusals, but this rarely occurs as many officers seem to make a point of ensuring that all other documents are compiled before issuing an initial 221(g).

Many people wish to know information regarding common reasons for 221(g) refusal. AILA provides a brief overview of the common reasons for this type of denial. To further quote the aforementioned publication:

“1. The applicant is asked to provide additional supporting documents, such as proof of local employment;
2. The applicant is employed in a field listed on the Technology Alert List (TAL) and the consular officer requests a Visas Mantis Security Advisory Opinion (“SAO”). (This is one of the most common scenarios in which applicants in India, China and elsewhere are told their applications require “administrative processing.”)
3. The consular officer requests an Advisory Opinion from the Visa Office on the applicability of one of the statutory grounds of inadmissibility.
4. There are no empty visa pages in the applicant’s passport, or the application photograph does not meet quality standards.
5. The applicant’s petition approval is not yet listed in PIMS.”

In many cases, 221(g) refusals are routine and they usually do not have a detrimental impact upon travelers to the USA. However, in recent months it has been announced that the Customs and Border Protection (CBP) Service treats 221g refusals as denials when posing the question “have you ever been denied a visa to the USA” on the ESTA registration form. It would appear that the ESTA system “red flags” those who have been “denied” a prior visa and asks that some of these applicants receive an actual visa (in most cases a US tourist visa) before traveling to the USA which could cause delays to those wishing to enter the country.

Currently, the Kingdom of Thailand does not participate in the American Visa Waiver Program so this issue with CBP will have little impact for Thai nationals traveling to the United States. However, people in Thailand who hold the nationality of a country which participates in the Visa Waiver Program may be effected by this new regulation if they are presented with a 221(G) denial by a Consular Officer at the US Embassy in Bangkok.

Tags: AILA, American Visa Thailand, CBP, CR1 Visa, CR1 Visa Thailand, ESTA, IR1 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Tourist Visa, US Visa, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

J-1 visas are meant for those who are entering an exchange visitor program or traveling to the USA for the purpose of doing specific types of work (most notably: Au pair child care). This visa has been in existence for many years and the rules regarding issuance have not be modified in a long while.

Recently the American State Department has proposed making changes to the system whereby foreign nationals obtain the J1 Exchange visitor visa. The American Immigration Lawyers Association (AILA) has recently promulgated comments on the proposed changes in an effort to provide a different perspective to those who will ultimately pass these rules. In a recent press release AILA stated:

“We commend the United States Department of State (the Department) for acting on its goals to update and improve the Exchange Visitor Program through the first significant proposed rulemaking since 1993. We also recognize and applaud the Department’s efforts to increase overall program oversight, but we urge the Department not to do so at the risk of weakening the very foundation on which the J-1 program rests.”

Not everything in this press release was laudatory as the Association also noted that some of the proposed rule changes might actually undermine the original intent of the J1 visa legislation:

“[W]hile we recognize that the Department [of State] must demand accountability on the part of sponsors of the J-1 program, we fear that it has used the medium of this proposed regulation as a means of eroding the range and number of opportunities for young men and women to learn about our culture and return to share important skills and insights with their compatriots. AILA recognizes the major role that the Fulbright-Hays Act has played for nearly 50 years to instill trust and promote understanding, education, and training among people of dramatically divergent cultures and for the mutual benefit of our people as well as the people of nations struggling to achieve financial and
cultural independence. It is crucial that the full range of these opportunities continues to exist.”

The J-1 visa is an example of a valuable method not only for providing advanced education to foreign nationals, but also for spreading American culture and American ideas to other countries. Undermining this system of cross-cultural exchange would indeed be detrimental. However, the US State Department does have an obligation to investigate candidates and sponsors for J-1 Exchange Visitor visas in an effort to be certain that the visa is being issued for appropriate reasons and to appropriate applicants. Hopefully, the American State Department can find a proper balance whereby the security needs of American Citizens are protected while cross-cultural exchange is still facilitated. As with many non-immigrant visas, both the US Embassy in Bangkok and the US Consulate in Chiang Mai can issue such travel documents to applicants in Thailand.

Tags: American Visa Thailand, Exchange Visitor Visa, Exchange Visitor Visa Thailand, J-1 visa Thailand, J1 visa, J1 Visa Thailand, Thai J1 visa, US Consulate Chiang Mai, us embassy bangkok, US Exchange Visitor Visa, US Visa Thailand
Posted in J1 Visa Thailand, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

After the tragedy of 9/11 many changes were made with regard to Homeland Security. Specifically, a Department of Homeland Security (DHS) was created and many tasks previously undertaken by other agencies were brought under the jurisdiction of DHS. One example is the United States Customs Service which was reincorporated into the Department of Homeland Security as the Customs and Border Protection (CBP) Service. This agency is responsible for patrolling the borders and ports of entry to the United States of America. They are also responsible for screening those who enter the United States of America either on a US passport, US visa, or US visa waiver. CBP plays an integral part in the US Immigration process.

Prior to this publication, there has been a rumor circulating that those who wish to enter the United States of America must fist obtain a vaccination for the H1N1 influenza vaccination. As a matter of fact, this is not true. Apparently this rumor is unfounded. AILA has provided a quote from a statement from the Customs and Border Protection Service:

“[United States] Customs and Border Protection would like to address rumors regarding U.S. entry requirements and the H1N1 virus: Travelers do NOT need to present proof that they received the H1N1 flu vaccine in order to enter the United States. No such vaccination requirement exists. Travelers are encouraged to visit the Department of Health and Human Services Flu Web site for current information on seasonal flu prevention, and the “Know Before You Go” section under the Travel tab of the CBP Web site for helpful traveler tips.”

For those seeking entry to the United States a flu vaccination is not required at this time.

In recent years CBP has been granted more and more authority to deal with real time situations. This leads many to wonder just how much authority CBP has. This is an interesting question as they are given major discretionary powers with regard to those seeking entry to the United States. For example, CBP is authorized to place foreign nationals into expedited removal (deportation) proceedings if they deem it necessary. One who has been removed through expedited removal could be barred from reentering the USA for as long as five years. That being said, this only seems to come up in the context of US Family Immigration when the loved one of a US Citizen is improperly using a US tourist visa for undisclosed immigration purposes. In situations such as this, CBP may feel it necessary to use expedited removal to send the subject back to their home country. Therefore it is usually wise to process things correctly and utilize the proper visa for a loved one traveling to the United States.

Tags: B2 Visa, CBP, Customs and Border Protection, Flu Vaccine, H1N1, Tourist Visa, US Immigration, US Immigration Thailand, US Tourist Visa, US Visa, US Visa Thailand, Visa Waiver
Posted in Legal Opinion, Miscellaneous, US Tourist Visa, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

In a recent article disseminated by AILA, Mr. Brent Renison discussed issues involving the so-called “widow’s penalty” (or “Widow Penalty”) and how recent legislation has been enacted to end the imposition of penalties imposed upon foreign spouses in the event that their US Citizen or Lawful Permanent Resident spouse should pass away before the adjudication of an adjustment application or an application for a lift of conditions of lawful permanent residence. To quote the article:

“The “widow penalty”, whereby spouses of U.S. citizens and their children faced automatic denial of a visa petition if the death of the spouse occurred prior to adjudication and prior to two years of marriage, effectively ended upon the passage of § 568(c).2 That section removes the two-year marriage requirement from the current law that permits widows and widowers (“widow(er)s”) of U.S. citizens to file a self-petition for themselves and their children.”

It is still required that the American’s widow demonstrate that the marriage was bona fide when it was entered into:

“By removing the two-year precondition to a current statutory program, Congress retained the widow(er) self-petition procedure including the requirement to show a good faith marriage. The law does not alter the rights of widow(er)s who were married two years or more, who have been able to self-petition since 1990.”

The end of the Widow Penalty hopefully marks the beginning of more compassionate treatment of foreign widows of American Citizens. The aforementioned article goes further in its analysis of the new law and the impact it will likely have upon fiancees and spouses of US Citizens:

“The deletion of the two-year marriage requirement will allow a widow(er) who was married less than two years at the time of the citizen spouse’s death to file a Form I-360 self-petition within two years of the law’s passage, or within two years of the spouse’s death, whichever is later.”

It is interesting that this will likely have an impact upon those who enter the United States upon a K1 fiancee visa:

“This self-petition can be filed concurrently with an Application for Adjustment of Status to Lawful Permanent Resident (Form I-485) if the widow(er) is in the United States pursuant to a lawful entry.”

Therefore, if the fiance of a US Citizen enters the USA on a K1 visa, marries the US Citizen, and the US Citizen dies before the adjustment application is either filed or adjudicated, then it would now be possible for the fiance visa holder to self petition for adjustment in these circumstances. In this author’s opinion, this is an equitable and effective way of dealing with what is already a difficult issue.

If a lawful entry is all that is necessary, then the question must be posed: if an alien enters the USA on a valid tourist visa, marries an American who subsequently dies, would that alien be eligible to submit a self petition for adjustment of status? Hopefully these issues will be handled as the new law is brought into effect.

Tags: American Visa Thailand, CR-1 Visa, CR1 Visa, Fiance Visa Thai, Fiance Visa Thailand, Fiancee Visa Thai, K-1 Visa, K1 Visa, K1 Visa Thailand, Lift of Conditions, Thai Fiance Visa, Thai Fiancee Visa, US Visa Thailand, Widow Penalty, Widow's Penalty
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, Legal Opinion, Miscellaneous, Upcoming Legislation, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Recently, this author was asked about whether or not Thailand and the USA share an extradition Treaty and, if so, what are the ramifications of an American criminal warrant or conviction for those living in Thailand.

Extradition, “is the official process whereby one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal.”

Thailand and the United States currently have an Extradition Treaty. It is similar to the US-Thai Amity Treaty in that it is bilateral, but the subject matter of the Amity Treaty is very different compared to that of an Extradition Treaty. An Extradition Treaty provides a framework whereby the United States authorities can request that a suspect be handed over to the American authorities. That being said, for more information on specific legal citations please see the relevant Wikipedia page.

As Thailand and the United States share an Extradition Treaty, a person with American Criminal Warrants or American Arrest Warrants could be subjected to United States jurisdiction while in Thailand or while traveling between Thailand and another country. Even if not arrested in Thailand, it is always wise for those with criminal warrants or convictions to deal with the matter so that it can be “put to rest.” It is never wise to run from one’s criminal problems.

For those with a prior criminal conviction or pending criminal warrants the issue of passport re-issuance can be critical. The United States Embassy in Bangkok, Thailand and the United States Consulate-General in Chiang Mai assist with new passport re-issuance through their American Citizen Services Sections. If one is currently wanted in a US jurisdiction, then the Consular Officers at American Citizen Services are unlikely to issue a new passport or travel document until the American (or foreign national)  in question returns to the United States to deal with the pending matter.

Of further importance to many non-US Citizens with pending American criminal warrants is the effect of criminal proceedings upon one’s ability to acquire United States Immigration benefits (most importantly, a US visa). If one has an arrest or conviction for domestic violence, this fact could have a major impact upon one’s ability to petition for a K1 visa due to the provisions in the Adam Walsh Act and other relevant US law. Further, if one has a criminal conviction in the US, the underlying facts of the case could lead to a later finding of inadmissibility by a Consular Officer adjudicating a later visa application. In some cases, an I601 waiver may be available for those who are found to be inadmissible. Consulting with an attorney experienced in Immigration matters could provide insight regarding the Immigration ramifications of an American criminal conviction.

An American attorney in Thailand (or southeast Asia) could be of assistance to a client by acting as a liaison with American authorities or with other American attorneys. Simply providing legal advice regarding the impact of one’s prior choices could be a boon to some as well. No attorney can assist in evading US law, but a lawyer licensed in the United States could assist by providing legal counsel and advice regarding the ramifications of a client’s previous decisions.

Tags: American Criminal Conviction Thailand, American Warrant Thailand, Criminal Conviction American Passport, Criminal Conviction US Passport, Criminal Warrant American Passport, Criminal Warrant Thailand, Criminal Warrant US Passport, I-601, I-601 Waiver, I601, I601 Waiver, K-1 Visa, K-1 Visa Thailand, K1 Visa, K1 Visa Thailand, US Criminal Conviction Thailand, US Visa, US Visa Thailand, US Warrant Thailand
Posted in Fiance Visa Thailand, General Legal Information, K1 Visa, K1 Visa Thailand, Legal Opinion, Miscellaneous, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

Although the weather is still tropical, albeit cooler, it is the western holiday season in Bangkok, Thailand. This means that the United States Embassy, as well as other government agencies, sees many of their personnel taking leave in order to visit family and friends in the United States of America. This time of year can sometimes cause delays for visa applications, particularly those that are subject to a 221g refusal or have been placed in administrative processing for further review.

Around the American holiday season it is common for Embassy and Consulate staff to take leave in order to return to the United States of America to be with friends or loved ones. This can cause the usual tempo of the post to slow down. As with any organization be it private, non-profit, for-profit, or governmental the holidays can cause delays due to staff shortages. Those with pending visa applications should exercise patience regarding case adjudication during the holidays. That being said, Embassy and Consulate personnel are very diligent in processing cases and, from this author’s observation, really go above and beyond at holiday time to try to keep the process moving at the usual pace.

In order to forestall delays in the processing of US visas it is incumbent upon the applicant to provide all relevant documentation and provide completed visa application forms.

It is wise for applicants to also keep in mind that the United States Embassy is closed on Thai holidays as well as official United States holidays. Many forget this fact and arrive at the Embassy to find it closed. For those in this situation it is wise to note the US Embassy Holiday closing schedule. American Citizens seeking to obtain notarizations, Consular Reports of Birth Abroad, visa pages, or new passports should also note that the American Citizen Services section of the US Embassy is also closed on Thai holidays as well as American holidays. The US Consulate in Chiang Mai has the same holiday schedule as the US Embassy in Bangkok. One would be safe in assuming that the Bangkok office of the United States Citizenship and Immigration Service (USCIS) would be closed on the same days as the US Embassy regardless of the fact that they are two separate United States government agencies.

As with many issues arising in the field of United States Immigration: prior preparation through knowledge of the Embassy closure as well as presentation of a fully compiled visa application can save time for all concerned and go far toward ensuring efficient visa application processing.

Tags: American Consulate Chiang Mai, American Embassy Bangkok, American Visa Thailand, Bangkok embassy, Closing Schedule of US Embassy, Holiday closing at US Embassy, Holidays at US Consulate, Holidays at US Embassy, US Consulate Chiang Mai, us embassy bangkok, US Visa Thailand
Posted in US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

There is some misunderstanding as to an attorney’s role at the Consular processing phase of the US visa process. The Consular processing phase is usually the final visa processing phase as it usually culminates in the issuance of a US visa. In cases involving legal grounds of inadmissibility this may not be the case (as such cases require the extra step of obtaining an I601 waiver), but in a routine family visa application, such as an application for a CR1, K3, or K1 visa, the visa is generally issued soon after the Embassy interview.

Many are under the mistaken impression that an attorney can be present at the visa interview. Although this may be true at some posts, the US Embassy in Bangkok does not permit this practice. Under the provisions of the Foreign Affairs Manual (FAM), US Embassies and Consulates are entitled to set policy regarding attorney representation at the post:

“Each post has the discretion to establish its own policies regarding the extent to which attorneys and other representatives may have physical access to the Consulate or attend visa interviews, taking into consideration such factors as a particular consulate’s physical layout and any space limitations or special security concerns. Whatever policies are set must be consistent and applied equally to all.” [9 FAM 40.4 N12.4]

Although a post has wide discretion with regard to presence therein, the post is required to notify the attorney of record regarding the ultimate status of the application:

“The post must send a notification of the action taken at the time of the final immigrant visa appointment to the applicant’s attorney of record on a locally reproduced nonstandard form letter… If the immigrant visa is refused, you must hand a copy of the refusal letter, and a copy of Form OF-194, The Foreign Service of the United States of America Refusal Worksheet, attached to the form letter to the alien (making sure that the refusal worksheet is retained in the applicant’s visa file).” [9 FAM 40.4 N12.2]

The Foreign Affairs manual goes further by permitting direct correspondence between attorneys and Consular Officers:

“You may correspond directly with the applicant’s representative of record, even in cases where the applicant is physically present in the United States, unless the applicant requests otherwise.” [9 FAM 40.4 N12.1]

Importantly, the Foreign Affairs Manual requires that an attorney licensed in the US, but practicing abroad, be accorded those same courtesies granted to attorneys practicing in the USA:

“You must extend to a U.S. attorney who has been practicing abroad and is a member of a State bar association or to a local attorney-at-law, the same courtesies in correspondence that are extended to an attorney practicing in the United States…” [9 FAM 40.4 N12.3]

In this author’s experience, the US Embassy in Bangkok, Thailand diligently adheres to the rules in the Foreign Affairs Manual while exercising reasonable discretion in order to efficiently process a very large caseload. Although not permitted to be present at the visa interview, a US visa lawyer in Thailand can provide a great deal of insight into the final phases of the US visa process.

For more information on the Foreign Affairs Manual please see the US Department of State Website by clicking here.

Tags: CR1 Visa Thailand, FAM, Foreign Affairs Manual, K-1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Immigration Lawyer Thailand, us visa lawyer thailand, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »