Posts Tagged ‘US Embassy Thailand’

Changes to the G-28 Notice of Appearance

Thursday, October 29th, 2009

At the time of this writing the United States Citizenship and Immigration Service is in the process of promulgating a new G-28 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). In many cases, the petitioner and beneficiary opt to deal with their immigration matter without counsel, in these situations a G-28 is not necessary. A G-28 is a method of informing the United States government that an accredited representative is entering an appearance in the case, it is generally presented by a United States attorney.

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. If the situation involves an issue with the CBP (Customs and Border Protection), then the lawyer will tick the box on the G-28 denoting said agency. 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. Further, should the US Embassy correspond with the Beneficiary, in some cases, the US attorney will be copied in on the 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. Any United States Immigration practitioner who is unable to produce some sort of license (state bar license, state Supreme Court license, Federal Court license, etc.) ought to be looked upon warily.

For more information on this and other Immigration matters, please see k1 visa. Please see k1 visa process for more on getting a visa to the USA.

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US Adjustment of Status and the Widow’s Penalty

Sunday, October 18th, 2009

This article attempts to explain the “Widows Penalty.” Inconsistencies in the United States Immigration and Nationality Act have the effect of placing widows and widowers of United States Citizens in untenable positions should the American spouse pass away before some crucial phase of the Immigration process.

US Immigration is a deep area of law because it is an area largely governed by statutory regulations. 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.

In cases involving marriage to a United States Citizen, for a foreign fiancee to eventually obtain unconditional permanent residence in the United States they must pass through a series of adjudications for the Immigration authorities to ensure that the marriage is not a sham. In a way, scrutiny of the couple first occurs when a United States Citizen files an I-129f application for a K1 fiance visa. Upon preliminary approval, the file will be sent to the US Embassy or Consulate with jurisdiction over the foreign fiancee’s 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 many cases, the marriage is executed and the non-citizen spouse has their status adjusted. They are accorded conditional resident status. 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 “Widow’s Penalty” can come into play before either the approval of the adjustment of status or the approval of the petition to lift of conditions of residence. Should the American spouse pass away before the adjustment of status or application for lift of conditions is approved, then technically the applicant no longer meets the requirements necessary to lift conditions or adjust status. Therefore, the foreign widow could fall out of status because they are no longer married to an American. Often, American courts have tried to deal with this issue by making rulings that allow widows to remain in the US notwithstanding the death of the original petitioner. The Department of Homeland Security has also taken measures to defer inspection of foreign widows and widowers in order to provide a sort of amnesty for those placed in such a difficult position.

This issue has not been fully dealt with as there are many conflicting interpretations of the current law. The current members of the US judiciary seem to be in favor of eliminating this inequitable provision of US Immigration law as it leads to unfair outcomes for widows and widowers of American Citizens and Permanent Residents.

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K1 Visa Information

Saturday, October 10th, 2009

This article is designed to inform readers about the issues surrounding issuance of a K1 visa for a Thai fiancee. Throughout the internet, there are many articles and websites which purport to have expertise in matters related to United States Immigration from Thailand. This article was written as a resource and guide.

The K1 visa process is relatively long, and at times, the cause of some consternation. 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 many cases, the wait ultimately results in the issuance of a valid K1 fiancee visa.

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 date of the visa’s expiry can be confusing for some. The K1 Visa is usually valid for 6 months after it has been approved. 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 parties do not get married in 90 days, then the K1 visa holder must leave the USA before the visa expires.

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My Thai Fiancee Needs Assistance With A US Immigration Matter: Who Is Qualified To Assist?

Monday, October 5th, 2009

A major concern for anyone seeking to retain legal advice regarding an Immigration matter from Thailand: how can I tell if my Thai fiancee is receiving legal advice from a competent credible professional? The answer: ask to see some credentials. Much like a waitress asking someone for ID who appears less than 21 years of age, prospective clients should never be too shy to ask their prospective attorney for a copy of his or her bar card or other certificate in order authenticate their credentials. 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. Should the individual attempt to dodge the question or if he becomes angry, then one could take this as a sign that the individual is not being completely candid about something…or isn’t what they claim to be. 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?”

United States Immigration rules and regulations are a complex and constantly changing area of American law. On the surface, United States immigration may appear to be a straightforward endeavor and there are those who claim it is merely “filling in forms.” 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 hiring an Immigration Attorney stay away from so-called “visa companies,” and “visa specialists,” as they are unsanctioned by the Immigration authorities at USCIS. Those to be most wary of: unqualified individuals who claim to be licensed lawyers when in reality they are not licensed in good standing in any American jurisdiction, and furthermore have probably not graduated from an accredited law school. This type of unscrupulous individual should be avoided at all costs, if for no other reason than the fact that if problems arise with the application only a licensed attorney can explain the situation to the authorities at USCIS. Generally, Embassies and Consulates will not accept 221g follow up documentation from an unlicensed attorney.

For more information please see: k1 visa.

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Simultaneous Intent and US Visas

Tuesday, September 8th, 2009

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. Pursuant to the American Immigration and Nationality Act (INA) a non-immigrant can be denied access to the United States either at the Embassy level (through visa denial) or at the port of entry in the United States should the competent authorities decide that the applicant is actually intending to immigrate. For example, many applicants are denied a US tourist visa due to a failure to show sufficiently “strong ties” to their home country (ties compelling enough to leave the United States). The Doctrine of Dual intent creates visas which allow the visa holder to simultaneously have both the intention to remain in the US short term and the intention to remain in the US long term. A few types of visas which leave room for dual intent are the L1A visa, the L1B visa, and the H1B visa. Both of these employment visas leave legal room for alien to aspire to American Permanent Residence, while also maintaining non-immigrant visa status. 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. However, the bearer of the visa is allowed to get married to their American fiance and apply for permanent residence via adjustment of status. 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.

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Getting a Visa to Thailand or the United States

Sunday, August 9th, 2009

Although this question might sound as though it has a simple answer, the history of travel documents is complex and intriguing. Many people are unaware of the fact that until the turn of the twentieth century, passports were rarely issued and visas were almost unheard of.

The types of visa discussed in this article are not used to purchase consumer goods. 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 general, a visa does not confer an unalienable right to enter a country.” 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 seems to have a Permanent Resident system comparable to that of the USA. Although at first blush the process seems straightforward. In reality, the procedures can be quite complicated due to quotas set according to the nationality of the applicant. 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 popular visas utilized in Thailand is the K1 fiance 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 Immigrant Visa (CR-1) entitles the bearer to conditional permanent residence in the United States. 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 K-3 is actually a non-immigrant visa category, but it does allow the visa beneficiary to adjust status (acquire a Green Card) in the United States. At one time the K3 visa was considered very beneficial because it took a great deal of time to process the Immigrant visas. The K3 is slowly being rendered obsolete due to increased efficiency on the part of USCIS.

Thailand and the USA are not the only countries issuing visas as they are generally obtainable from most countries around the world.

For more information please see Thailand Visa

(This is not legal advice, but intended for educational purposes. No Attorney/client relationship should be inferred from reading this article.)

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American Visa Information: The Adam Walsh Act

Friday, June 26th, 2009

For many years US Congressmen and Senators have generally taken an unwavering position against those who have committed sex crimes that involved children. In this vein, the Adam Walsh Child Protection Act was promulgated by the United States Congress. After passage in both Houses, this legislation was signed by President Bush in 2006.

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 different restrictions created by IMBRA and the Adam Walsh Act should not be taken lightly. 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.

One should consider consulting an Immigration lawyer should there be any ambiguity regarding whether or not a petitioner’s prior conduct would fall under the Adam Walsh Act. 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. A denial of the waiver application is not subject to appeal. If the petitioner wishes to obtain a waiver, then he will need to show that he is not a threat to the future immigrant.

(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

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US Fiancee Visa Embassy Interview

Monday, June 22nd, 2009

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 Embassy official will probably give the Thai fiancee a form which will identify missing documentation that must be submitted before the Embassy can proceed in processing the K1 petition.

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. However, should the consular officer deem the K1 visa applicant legally inadmissible to the USA, then there may be a waiver available for that ground of inadmissibility.

(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. One should always obtain legal advice from a competent licensed attorney.)

 

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Tips for those Interviewing for a K1 Fiancee Visa

Sunday, June 21st, 2009

Many articles dealing with US Immigration from Thailand cover the process of submitting forms to the USCIS, but do not go further. This post is intended to inform prospective applicants about the K-1 Visa, and what measures ought to be taken by a Thai fiancee to navigate through the visa interview and hopefully obtain a favorable outcome in her case.

What is a lawyer in consular practice and how could such a person assist my Thai loved one?

A Consular Processing Attorney is a licensed Attorney in the US who maintains an office near a US Embassy abroad. It is true that an Immigration Attorney in the United States is able to submit petitions to the United States Citizenship and Immigration Service, it is rare to find one with a presence in Thailand to assist with the process in that country. Also, an Attorney with an office in Thailand can better deal with the Thai Fiancée herself because an Attorney in Thailand will likely have Thai staff to help explain the process and what documentation needs to be obtained. Also, an Attorney on the ground may be able to interact with the US Embassy officials should an issue arise. Endeavors in which an American Immigration Lawyer can be of assistance: document preparation for the K1 visa interview, giving a Thai fiancee mock interview questions in order to ensure that she will be prepared, obtainment of police clearances, assisting a Thai fiancee in obtaining an Embassy mandated health examination, and correspondence regarding 221 g requests for further documentation (a discretionary follow up if a consular officer feels that a visa application has an evidentiary deficiency).

As well as these advantages, merely having an Attorney on the scene to consult with can add a great deal to one’s peace of mind regarding the Immigration process particularly where the US Citizen is back in the US waiting for the Thai Fiancée to come to the US. In cases such as this it can be a godsend to have someone on the scene dealing with the Embassy to take the burden off of the Thai loved one. Where a language barrier exists, even a small one, the Immigration process can be exacerbated. However, by having an Attorney on hand the frustration and confusion can be reduced because the burden does not fall upon the Thai to deal with the Embassy. Basically, a professional with a legal backgraound and licensure will probably be able to most effectively deal with the Embassy and inform the Thai fiancee as to what steps need to be taken in order to complete the process.

Packet 3 for K1 Visas: Utilizing an Attorney to Assist a Thai Fiancee

Packet 3 is the Packet the US Embassy will send to your Thai Fiancee explaining what documentation needs to be obtained before the K1 Visa Interview. A Consular Processing Attorney will not only assist in obtaining the documentation, but can also provide guidance on what is required and tips to expedite the process. Many people fret over Packet 3, but with proper assistance the Packet 3 process can be very smooth.

The information contained herein is meant for educational purposes only and is not intended to be utilized as a substitute for competent legal advice from an attorney in good standing in the United States. An Lawyer-Client Relationship is not created between the reader and the author of this post.

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