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American Immigration is a very complicated area of US jurisprudence. One of the most misunderstood aspects of the United States Immigration process is the Embassy interview. This stage is oftentimes referred to as the “Consular Processing” stage of the American Immigration process. Nearly all applicants for a K-1 visa, K3 Visa, IR-1 visa, and CR-1 visa are required to subject themselves to an interview before the visa application will be fully adjudicated. Many believe that this phase of the process is adversarial. In point of fact, this is simply untrue.

In State Department Cable 99 State 21138, commonly referred to as 99 State, the American State Department outlines ways in which licensed US Immigration attorneys and Consular Officers can maintain professionally cordial relations while facilitating effective and efficient Consular Processing

The Cable first explains the ideal relationship between licensed American Immigration lawyers and United States Consular Officers:

“The relationship between consular officers and immigration attorneys can be productive. Consular officers can often learn a great deal from a conscientious attorney, and vice versa.”

This is certainly true, Consular Officers, as well as other government personnel who play a role in the US Immigration process, are a wealth of information regarding Immigration policy and procedure.

“Consular officers should not pass judgment on applicants who choose to employ the services of an attorney. Some people are more comfortable working through an attorney no matter how straightforward or simple the visa case may appear to the consular officer.”

This author understands why the above point was made, but, in his dealings with the US Embassy in Bangkok, he must say that no Consular Officer has ever passed any judgments against him or his clients based upon the client’s decision to retain an attorney.

“One important service that attorneys provide to their clients is making sure that forms are correctly completed and necessary supporting documentation presented at the time of the interview.”

This author agrees wholeheartedly with the above statement. One of the many valuable services that an Immigration attorney can provide is the knowledge of government documents and the most efficient manner of getting them properly compiled.

“Posts that establish clear and consistent procedures for responding to attorney inquiries save time and resources in the long run. As with Congressional correspondence, the fuller the explanation of a refusal or a 221(g) decision, the more you will help yourself.”

221(G) requests for further documentation are considered visa denials by the Customs and Border Protection (CBP) Service. Those individuals entering the United States on the Visa Waiver Program would be wise to bear this in mind. That being said, the Department of State classifies 221g’s as “refusals.” In a way, a 221(g) is an application denial pending further documentation. In some ways, the mutually beneficial aspects of the Immigration lawyer/Consular Officer relationship is the most visible in the context of 221g refusals. The Consular Officer generally issues such a refusal in a case where further documentation is needed. The Immigration lawyer can advise the client/applicant about obtaining this documentation and submitting it to the Consulate in order to facilitate prompt adjudication.

Technorati Tags: Consular Processing, Us Embassy Bangkok, US Embassy Thailand, US Visa Thailand

The K1 fiancee visa has been a popular travel document for those who have a foreign loved one whom they wish to bring back to the United States. In 2009, the K1 visa process remained largely unchanged when compared to 2008. However, there may be changes in store for the K1 visa in 2010. This article looks at the possible changes that couples could expect to encounter in 2010.

For those not familiar with the K1 visa process this is a short overview:

First, a K1 visa petition is filed by a US Citizen fiance at a USCIS Service Center in the United States. USCIS adjudicates the initial petition and, upon approval, sends the case file on to the National Visa Center (NVC). The National Visa Center conducts a security clearance and forwards the case on to the US Embassy or US Consulate overseas. In Thailand, virtually all K1 visa applications for those in Thailand are adjudicated at the United States Embassy in Bangkok. Consular Officers at the American Embassy will initiate a visa interview and, assuming the application is approved, issue the K-1 fiancee visa.

Overall, the above outlined process will likely remain the same for most couples in 2010. Although, a recently recommended rule from the American State Department would increase the US Consular processing fees. A current proposal would raise these fees from one hundred and thirty-one to three hundred and fifty dollars. By most estimates, a fee increase of 0 is significant. This might have an affect upon those who decide to file for a K-1 fiance visa as this three hundred and fifty dollar Consular Processing fee could turn out to be a prohibitive expenditure.

Another possible change in 2010: Comprehensive Immigration Reform. At present United States legislators and the President are discussing ways of overhauling the American Immigration system. Some have pondered if these changes to the American Immigration system will impact the visas categorized as “K” under the US Immigration and Nationality Act. In this author’s opinion, 2010 will not likely see major changes to the K1 fiancee visa process, but by being prepared for upcoming legislation petitioners, attorneys, and applicants will be able to foresee possible problems before they come up.

(Please be advised that the above post should not be taken as a sufficient substitute for individualized legal advice from a competent licensed lawyer. The above information is for general purposes only and should not be construed as advice regarding a specific set of factual circumstances. For those wishing to learn more information about American Immigration, it may be prudent to contact a licensed American Immigration lawyer.)

Technorati Tags: CR1 Visa, K-1 Visa, K-1 Visa Thailand, K1 Intervie, K1 Visa, K1 Visa Thailand, Us Embassy Bangkok, US Embassy Thailand, US Immigration, US Visa, Widows Penalty

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

The following article explains the so-called “Widow’s Penalty.” Legal deficiencies in the US Immigration and Nationality Act place widows and widowers of Americans in a legally difficult position if the American spouse dies before a final ruling in a critical phase of the Immigration process.

United States Immigration is a deep area of law as it is highly statute driven. Certain aspects of American Immigration can be very confusing and one of the most confusing issues deals with two things that few bi-national couples wish to address: Death and Loss of Immigration Benefits.

Where a foreign national marries a US Citizen, if the foreign spouse wishes to obtain unconditional US Permanent Residence, then they must run a “gauntlet” of various adjudicatory proceedings to determine the bona fides of the marriage. There is a valid argument that the US government begins scrutinizing a couple the moment the application for a K1 visa is submitted. After initial approval, the application will be forwarded to the US Embassy (or it’s Consulate Counterpart) with jurisdiction over the foreign fiance’s place of residence. The Consulate will interview the applicant and if satisfied that the marriage is genuine, they will issue a K1 visa. The foreign fiancee will then pass through an inspection point at a port of entry in the United States where Customs and Border Protection officers will make another determination as to admissibility.

After being lawfully admitted to the USA, the foreign fiancee will have 90 days to marry the American Citizen and adjust status to permanent residence. In most cases, the marriage is executed and the foreign spouse is approved for adjustment, thereby making her a conditional lawful permanent resident. After two years in conditional permanent resident status, the foreign spouse, along with her American husband, will need to file to have the conditionality of residence lifted and thereby make her an unconditional lawful permanent resident. The so-called “widows penalty” becomes an issue during the pendency of an adjustment of status application or before the submission of an application to lift the conditions of the foreign spouse’s residence. If the American Citizen spouse dies prior to the approval of either of these petitions, then it can create a difficult situation for the foreign spouse because the applicant no longer meets the requirement for a lifting of conditions or adjustment. Thus, the non-Citizen widow could be considered out of status as they are no longer married to a United States Citizen. US Courts have attempted to address this problem by interpreting statutes to allow foreign spouses to remain in the United States. The United States Department of Homeland Security has provided a sort of amnesty for widows by deferring inspection of those in that situation.

These legal issues are not fully settled as currently there are conflicting interpretations of these laws. In general, the mood of the courts seems to be in favor of doing away with this so-called penalty because implementing the law in its current form leads to unfair outcomes for immigrants already present in the USA.

Technorati Tags: CR1 Visa, K-1 Visa, K1 Interview, K1 Visa, Us Embassy Bangkok, US Embassy Thailand, US Immigration, US Visa, Widows Penalty

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

The Dual Intent Doctrine is a legal concept that occasionally arises in United States jurisprudence, specifically Immigration and Nationality law. This idea was formulated in order to grapple with those situations where an alien present in the US on a non-immigrant visa has aspirations for eventual residence. Under the United States Immigration and Nationality Act (INA) a non-immigrant can be denied a visa or denied entry to the United States if Consular officers or Immigration Officers feel that the applicant/entrant is an intending immigrant. For instance, many applicants for a US tourist visa are turned down based upon section 214b of the INA which creates a statutory presumption of immigrant intent, those presumed to have immigrant intent cannot be granted a non-immigrant visa. The Dual Intent Doctrine sets a foundation for issuing visas that allows the visa holder to retain both short term non-immigrant intent and long term immigrant intent. Examples of visa categories which utilize the dual intent doctrine are the L1 visas and the H1b visas. Each of these work visas legally allow the foreign national to have immigrant intent, but gain entry to the US on a non-immigrant visa. In the area of United States Family Immigration, the K1 fiance visa is a classic example of a visa that employs the dual intent doctrine. The holder of a US fiancee visa is entitled to seek entry at a port in the United States. At first, the K1 visa holder is in non-immigrant visa status and the visa has a validity of merely 90 days once used. That being said, the visa holder is entitled to marry their United States Citizen fiance and petition for adjustment of status to that of Lawful Permanent Resident. If applying for most visas, an applicant with dual intent would be denied a visa, or be barred from entering the United States. In certain cases, American Immigration legislation has created special exceptions to general rules in order to deal with extraordinary situations.

Technorati Tags: American Visa, Dual Intent, K-1 Visa, K1 Visa, Us Embassy Bangkok, US Embassy Thailand, US Immigration, US Visa

Even though this query sounds as if it has an easy answer, in reality visas are a complicated area for laypeople. Some folks do not realize that until after WWI passports were a rarity, and visas were not often utilized.

The Visas discussed in this article are not the kind that you swipe at the local mall to buy things. Instead, they are the documents needed in order to enter most countries around the world. A widely held belief involves the concept that the holder of a visa has an unalienable “right” to enter the foreign nation. In most cases, a visa is not the equivalent of a “right of entry.” Instead, a visa is simply an acknowledgment by a diplomatic or consular officer that the person holding the visa should be accorded the right to seek entry.

In Thailand, there are many different visa categories under Thai Immigration law. Thailand also has a seemingly similar Permanent Resident system to that of the United States of America. However, looks can be deceiving as Thai Permanent Residence is extremely difficult to obtain and there is a quota set for people of differing nationalities. In the latter part of the 20th century, Royal Thai Immigration created many Thai visa categories. At present the most common categories are the B visa (Thailand Business Visa), the Thailand O Visa, and the Thailand Retirement Visa.

A large number of Thai nationals request entry to the USA on a yearly basis. One of the most desired visas by Thai nationals is the K1 fiancee visa. The K-1 visa is designed for foreign fiancee’s (in this case Thai fiancées) of United States Citizens who seek entry to the USS in order to marry their loved one.

In situations where a bi-national couple has already legally wed, it might be appropriate to file for an Immigrant visa with US Immigration. The CR-1 or IR-1 Visa (Immigrant) give the bearer the right to reside permanently in the USA. In most cases, the Immigrant Visa will take 12 months to process. At the same time, for married couples wishing to get to the US more quickly the K3 visa may be advisable. The K3, like the K1, is a non-immigrant visa category. This means that the K3 visa holder will need to adjust their status in the USA. In the past, K3’s were considered important because CR1 and IR1 Immigrant visas took a long time to process. Now, the K3’s effectiveness has waned due to more efficient processing on the part of USCIS.

Countries other than the Kingdom of Thailand and the United States issue visas.

For more information please see Thailand Visa

This isn’t a sufficient alternative to individualized legal counsel. A Lawyer-Client Relationship is not created between the reader and the author of this post.)

Technorati Tags: K-1 Visa, K1 Interview, K1 Visa, Packet 3, Us Embassy Bangkok, US Embassy Thailand, US Immigration, US Visa

For many years US Congressmen and Senators have generally taken an unwavering position against those who have committed sex crimes that involved children. Along this line, the Adam Walsh Child Protection Act was introduced in the US Congress. Following approval by Congress, the bill became law in 2006 upon Presidential signature.

This act is similar to the International Marriage Brokers Regulation Act, in that it places restrictions on a US citizen’s right to petition USCIS for immigration benefits for a foreign loved one. Pursuant to the Adam Walsh Child Protection Act, Americans and lawful US permanent residents who have received a conviction of any “specified offense against a minor” are prohibited from submitting a family-based immigrant petition on behalf of any type of beneficiary.

The Adam Walsh Act also bars U.S. citizens convicted of these aforementioned offenses from filing nonimmigrant visa petitions that would categorize their fiancées, spouses, or minor children as eligible for “K” nonimmigrant status (K1, K2, K3, K4). The distinction between the restrictions imposed by the IMBRA and the Adam Walsh Act should not be overlooked. While IMBRA mainly affects Applicants for K1 and K3 Visas, the Adam Walsh Act restricts filers of ALL family based visa petitions, including immigrant visa petitions.

There are certain offenses that have been deemed “specified offense[s] against a minor” that would cause the bar to become operative. The following is a non-exhaustive list of offenses that could cause a visa petition to be denied based upon the Adam Walsh Act: kidnapping or false imprisonment (unless committed by a parent), sexual solicitation, solicitation to engage in acts of prostitution, offenses involving child pornography, or anything that is determined to be an offense involving sexual conduct against a minor.

In cases where there is some doubt as to whether or not an offense would initiate a bar against the petitioner it may be prudent to seek the counsel of an experienced US Immigration Attorney in your jurisdiction. In situations where the offense is deemed to preclude a visa petition under the act, it may be possible to obtain a waiver of the decision. If the waiver application is denied, then the decision cannot be appealed. In order to obtain a waiver, the petitioner must prove that he or she not a threat to the prospective beneficiary.

(This information is for general informational use only and is in no way a substitute for legal counsel from an attorney. No attorney-client relationship exists between author and reader.)

For related information, please see US Tourist Visa

Technorati Tags: Adam Walsh Act, IMBRA, K-1 Visa, K1 Visa, Packet 3, Us Embassy Bangkok, US Embassy Thailand, US Immigration, US Visa

The climax of the US visa process is the K1 visa interview. This phase of the process may be the most anticipated, second only to the approval phase. In many ways, a US visa lawyer can be helpful in assisting a Thai with the fiancé visa interview.

Many Thai Fiancées approach an impending visa interview with a sense of foreboding and fear. Many are afraid that they will do or say something that will cause their visa to be denied. Some are confused about what they need to bring to the interview. In a few cases, visa applicants are concerned about a sensitive issue in their past and hope to avoid discussing it or seek to conceal it.

A few words of warning to applicant’s who are thinking about falsifying information for submission to the Embassy: Consular Officers are generally quite adept at discerning when an applicant is being deceitful and the consequences of attempting to defraud the United States government could be dire. If the Embassy finds that one is presenting false information in an attempt to obtain a visa then the entire application could be rejected and the applicant could be found inadmissible for entry into the USA. It is always a good decision to provide truthful answers to any of the consular officer’s questions.

For those simply nervous about the K1 visa interview itself, it may be reassuring to point out that the consular officers are not in the habit of using the visa interview as a method of brow beating a Thai fiancée. Instead, the visa interview is a means of conducting due diligence in an effort to determine whether a couple’s relationship is bona fide and the Thai fiancee is not legally inadmissible to the USA.

Often, K1 visas will be denied under 221 (g) of the Immigration and Nationality act. The word, “denial,” is somewhat misleading in the context of a 221 g in the sense that it is not so much a denial as it is a request for more information. When a 221 g request is presented to the Thai fiancée it usually means that the petition was deficient in some way, usually some document is missing. The consular officer will remit a form to the Thai fiancée that stipulates what is missing and what needs to be presented in order for the consular section to process the K1 visa.

Should a fiancée receive an outright denial because the consular officer made the decision that the relationship was not bona fide, then that decision is unlikely to be subject to an appeal. At the same time, if a consular officer determines that a prospective fiance visa beneficiary is legally inadmissible to the USA, then a waiver might be available depending upon the specific ground of inadmissibility at issue.

(Please note that the content contained herein is to be utilized for informational purposes only and should not be inferred as creating an attorney-client relationship between the author and any subsequent reader. Legal advice should always be sought from a licensed lawyer.)

Technorati Tags: K-1 Visa, K1 Interview, K1 Visa, Packet 3, Us Embassy Bangkok, US Embassy Thailand, US Immigration, US Visa