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 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. In other visa categories, this type of dual intent would be considered a possible basis for denying visa issuance or entry into the USA, but the United States Congress has carved out a special legal niche when it comes to the Fiancee visa.
November 4, 2009
July 25, 2009
US Visa Thailand: Visa Interviews for Thai Fiancees
Of all of the publications dealing with US Visas from Thailand, the majority merely inform readers about submission of the visa application to USCIS, few deal with consular processing issues. This article is designed to inform about the K1 Fiancée Visa and what steps must be taken by a Thai Fiancée in order to successfully get through the interview at the US Embassy in Thailand.
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. At the same time, a lawyer with a presence in the Kingdom of Thailand may be better equipped to assist a Thai fiancee because such a law office would have Thai associates and staff to inform the Thai fiancee regarding necessary documents and help with any document retrieval or translation work. 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).
Another benefit of retaining an attorney to assist with consular processing is the fact that simply having an attorney on the ground who can advise about possible options can greatly enhance one’s ability to successfully and effectively navigate the visa process, this may be particularly desirable where the United States Citizen is not present in the Kingdom of Thailand. In situations similar to this it can be a major boon to have competent counsel in Thailand in order to effectively handle the documentary requests from the Embassy, thus taking some of the workload off of the Thai fiancee. Where there is a difficulty communicating due to a lack of language proficiency the Immigration process can be made a great deal more difficult. 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. Instead, a legally trained expert can deal with the Embassy and explain to the Thai Fiancée exactly what needs to be done in order to expedite 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 lawyer in the field of consular practice can often not simply help with document retrieval, but could also guide an applicant and form an effective strategy for ultimate visa obtainment. Many people fret over Packet 3, but with proper assistance the Packet 3 process can be very smooth.
The above article should not be taken as a replacement for competent legal advice from a duly licensed attorney in your jurisdiction. No Attorney/Client Relationship (either express or implied) shall be inferred from reading this publication, for more information please see fiance visa thailand.