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As of the day of this writing, USCIS is issuing a new G28 (Notice of Attorney Appearance) form. This document is used to signal the presence of an attorney in a case pending before the DHS (Department of Homeland Security).

American Citizens date, court, and often marry people from countries other than the USA. As a result, a large number of Immigration applications are submitted to the DHS (Department of Homeland Security). Oftentimes, the beneficiary and petitioner decide to handle the immigration matter by themselves, in that case the G28 will not need to be presented as there is no attorney involved. A G28 form is used to inform the government that a qualified representative has entered their appearance in a case.

A significant difference between the old and new version of the G28 form is that the new form requires one to indicate in which agency the case is pending. For example, if the matter involves the Customs and Border Protection Service (CBP), then the attorney will check the box which states that the attorney is representing the client in a matter before CBP. If the situation involves a client who has been detained by ICE (Immigration and Customs Enforcement), then the for requires that this information be disclosed.

In situations where a G-28 is submitted, it is common for USCIS to send the attorney of record duplicate copies of all correspondence between the Service and the Petitioner. Also, if the US Embassy sends correspondence to the non-citizen beneficiary, then the American attorney will generally be provided with a copy of the relevant correspondence.

As mentioned in previous articles, submission of a G28 form is one way of making certain that one is dealing with an attorney because only an attorney may be paid to appear before the government in immigration matters. Further, the current G28 form requires the attorney to disclose their state of license and bar number. One should not feel embarrassed to ask for a copy of an attorney’s credentials. A practitioner of US Immigration law who cannot provide credentials (Federal Court number, State Bar license number, State Supreme Court number, etc.) ought to be looked upon warily.

To learn more please see: k1 visa. Please see k1 visa process for more on getting a visa to the USA.

Technorati Tags: Fiance Visa, G-28, K-1 Visa, K1 Visa, My Thai Fiancee, Us Embassy Bangkok, US Embassy Thailand, US Immigration

This post is meant to provide information regarding the many facets of the US Immigration process for Thai Fiancees. All over the world wide web there are websites which claim expertise in US Visas from Thailand. The intention of this piece is to simply provide information and insight.

The process of obtaining the K1 is time consuming and can cause frustration. In certain instances, a Thai-American couple will wait between 5-6 months before obtaining approval from USCIS. Upon approval, the application must be sent to the National Visa Center and then finally, in the case of Thai fiancee visa applications, to the file will be sent to the US Embassy in Thailand. For many, this process can be aggravating. In a large number of instances, the wait eventually ends and the visa application is approved.

Once the visa is issued, some American Citizen fiances become concerned about the information and dates noted on the visa itself. A major source of anxiety for some is the note on the visa which says, “K1 Petition Expires Month Day, Year.” Many American Citizens mistakenly believe that this is the end of the visa’s validity. As a practical matter, the visa is valid for going to the USA until its expiration. As a rule, K1 visas are valid for six months. Although, they could be issued with more or less validity as it is technically at the discretion of the Consular Officer adjudicating the case at the United States Embassy in Bangkok.

The expiration date of the visa can cause confusion as well. The K1 visa is valid for six months after issuance. That being said, upon arriving in the United States and being admitted at the port of entry the K1 visa holder is only entitled to 90 days presence in the United States (it should be noted that if the visa holder does, in fact, marry the American and apply for adjustment of status, then she would be entitled to remain indefinitely provided the adjustment of status is approved and any conditions are lifted). Some people, after being issued the K1 fiance visa, are puzzled by these different dates. Two critical factors to remember: the K1 may be utilized for 6 months after it is issued, but it only provides 90 days of lawful status upon entry. If the couple does not marry within 90 days, then the Thai fiancee will need to depart the USA before the visa’s expiration.

Technorati Tags: Fiance Visa, K-1 Visa, K1 Visa, K1 Visa Interview, My Thai Fiancee, Us Embassy Bangkok, US Embassy Thailand, US Immigration

For those researching Immigration lawyers in Thailand, there seems to be one key concern: how do I know that my Thai fiance is receiving correct and competent legal advice from a professional? The answer: ask to see some credentials. Similar to a policeman asking a driver to produce a drivers license, a prospective client should not feel shy about asking to see their future attorney’s licenses in order to verify their credibility. Further, ask the attorney what law school they graduated from and in which state he or she is licensed and in good standing to practice law. If the person in question evades the inquiry or becomes hostile, then this might be a sign that the person is hiding something…or is not what they say they are. If he or she provides the name of their state of licensure, then go to the internet and search for the bar association or Supreme Court of that state. Every state maintains a database listing all of the attorneys licensed in their jurisdiction. If the “attorney” is not on this list, then further inquiry may be required.

Usually at this phase, most people would wonder: “Am I going to trust my Thai fiance to an operator who fabricates information about their legal credentials?”

US Visa rules and regulations are a complicated area of law that seems to constantly remain in a state of flux. On the face of it, American visa law appears very simple and there are some who maintain that it is simply an exercise in “filling in paperwork.” However, upon further investigation, one will quickly see that it is a narrow and deep area of legal practice, filled with pitfalls for the unwary. Failure to be one hundred percent honest in an application can lead to unintended consequences. Pose this question to yourself, “should I place my thai fiancee in the hands of a person who instructs her to lie to the U.S. Government?”

Ignorance of relevant immigration rules and deadlines can lead an unwitting couple into a situation where they are unable to achieve their immigration goals in the time frame they desire. When seeking immigration advice, steer clear of so-called, “visa specialists” as they are not qualified to represent an applicant before USCIS. The operators to be most on the lookout for often use the even more sinister tactic of claiming to be an actual attorney when in fact they are unlicensed and often have not even graduated from an accredited law school in the US. An unethical operator such as this ought to be dismissed out of hand, because they can cause problems in a case due to lack of expertise and where something does go wrong, even where it is no fault of theirs, they still are unable to remedy the situation because USCIS will not correspond with an unlicensed agent. Only a licensed attorney will have the credibility to provide follow-up documentation in a 221g refusal at the US Embassy.

To learn more about this and other Immigration matters please see: K1 Visa Thailand.

Technorati Tags: Fiance Visa, K-1 Visa, K1 Visa, K1 Visa Interview, My Thai Fiancee, Us Embassy Bangkok, US Embassy Thailand, US Immigration

A common question for those seeking an expedited Marriage visa for their loved one is: why does the K-3 visa use the same application as the k1 fiance visa?

The K3 visa was initially designed as a way of getting spouses of American citizens to the United States in as fast a manner as possible. In the recent past, the I-130 petition for a CR1 or IR1 visa could take longer than three years to process through the system. This lead to an egregious backlog of pending cases and probably was one of the reasons why INS (USCIS) was reorganized.

When petitioning for any American marriage visa, the initial task involves submitting an I-130 petition. If the couple opts to apply for an expedited visa, then they can file the I-129f with a service center that has proper jurisdiction. This part of the process can only happen after the first application has been received by the correct USCIS office.

In some ways the K3 visa (supplemental marriage visa) is similar to the V visa, which was designed to break the logjam of cases involving family members of those lawfully resident in the United States of America. Currently, the V visa category has fallen into increasing disuse due to the fact that it was only available to those who filed a petition before a certain date.

This still begs the question: why use the K-1 visa application form? Put simply, it was probably simpler and less expensive to use the K1 visa application form rather than create a completely new document to be used exclusively for the K3 marriage visa.

For those uninitiated in dealing with the United States Citizenship and Immigration Service, filing the proper paperwork is critical to obtaining an approval from the officers working for the Service. Also, depending upon the visa being sought, the analysis differs. As a result, the legal threshold may change if a person is seeking a K-1 visa rather than a K-3 Visa.

One should always remember that providing false documentation in a visa application is never a positive way of obtaining Immigration benefits. This strategy could lead to a finding of legal inadmissibility and result is a greater investment of time and resources in order to make sure that a foreign loved one can travel to the USA.

(No part of this article should be construed as a satisfactory substitute for competent personalized legal advice from a duly licensed lawyer. People seeking legal information should consult an attorney for personal legal advice. No attorney-client relationship exists between author and reader.)

Technorati Tags: American Visa, Fiance Visa, Fiancee Visa, K-1 Visa, K-3 Visa, K1 Fiance Visa, K1 Visa, K3 Visa, US Immigration, US Visa

K-1 visas are a relatively quick and effective method of bringing a foreign fiancee to the United States of America for the limited purpose of marriage and adjustment of status to permanent residence. For those seeking to bring a loved one to America there are many questions and much confusion that surrounds the sometimes complex process. This being said, the K-1 visa obtainment is not an impossible goal, but there are requirements for getting the visa. Certain conditions are negotiable, while others are “set in stone”. One of the rigid rules is the stipulation that a foreign fiance and an American Citizen must have met in person before the United States Citizenship and Immigration Service (USCIS) will issue a K-1 fiancee visa.

When the framers of the law creating the K1 visa commented upon the bill they made it plain that they wished for parties to have met before submitting a Fiance visa application. Underlying every K1 visa application there is a stipulation that the couple’s connection must be real. One element that goes far in showing the genuine nature of a relationship is fulfilled when both parties meet. Although we live in the 21st century where it is possible to for a truly loving couple to use various forms of communication to form lasting bonds, US Immigration continues to require that fiances meet in the flesh.

In very rare circumstances a K1 visa might be issued even if the parties have never met. That being said, USCIS is somewhat loath to approve K1 visa applications where the parties involved have not met in person.

In certain religions it is forbidden for those who are to be married to meet before their wedding day. Therefore, as a practical matter US Immigration Officers have seemingly esablished a kind of exemption to the requirement that parties meet, if there is a valid religious reason for not doing so. Further, there is an extreme hardship waiver that can be obtained that waives the meeting requirement for a fiance visa. In order to waive the meeting requirement, the party seeking the waiver must show that it would be an extreme hardship for him or her to meet their loved one in person before obtaining the K1 visa. For the most part, extreme hardship can be relatively easily shown to exist where the American Citizens is afflicted with incapacitation. This extreme hardship requirement is reminiscent of the I-601 waiver which makes the same requirement for a waiver of inadmissibility to be granted in the case of US visa denial.

(This piece is meant for educational purposes only. No attorney-client relationship exists between the writer of this piece and any reader.)

The author, Ben Hart, is an American Immigration Attorney with Integrity Legal (a firm with offices in the USA and Thailand). For more information about Integrity Legal please contact info@Integrity-Legal.com or Call Toll Free 1-877-231-7533.

Technorati Tags: American Visa, Fiance Visa, Fiancee Visa, K-1 Visa, K1 Fiance Visa, K1 Lawyer, K1 Visa, US Immigration, US Visa