Legal Information Team

November 26, 2009

Can Anyone Guarantee that My Thai Fiancee Will Get a K1 Visa?

Filed under: General — Tags: , , , , , , , — admin @ 6:31 am

In the Kingdom of Thailand, and around the world, there are so-called “visa agents,” “lawyers,” and “Immigration Advisors,” making ridiculous claims regarding how they can facilitate visa issuance for the Thai fiances, husbands, and wives of Lawful Permanent Residents and Citizens of the United States of America. One of the most outlandish claims is the notion that one of these operators can guarantee that a visa will be issued. All over the internet there are “fly by night operations” making such claims and they trick otherwise unwitting consumers into thinking that a US visa’s issuance can be guaranteed. The fact of the matter is: a United States visa cannot be guaranteed by anyone. No qualified attorney will assert, with 100% certainty, that a visa will be issued. USCIS adjudicators evaluate the facts of every Immigration petition and make their decision based upon the unique set of circumstances present in the case before them. The Consular staff at US Embassies and Consulates overseas make more factual findings in order to decide if a US visa should be issued. An attorney acts as an advocate for visa issuance. Further, a US Immigration lawyer will advise and assist clients in deciding upon the category of visa that is right for their situation. A competent Immigration attorney will do everything ethical to be certain that a visa is issued.

Look at the “fine print” of some of these “guarantees.” Generally, these “guarantors” simply guarantee “USCIS approval” which is just one component of the United States visa process and should not be confused with visa issuance.

In situations where an attorney enters his or her appearance in a case, he or she must represent their clients until the conclusion of the case, or until another mutually agreed upon point in the case. Another common practice of unlicensed and unqualified visa agents is to abandon clients when a case becomes too complicated or time consuming.

There are a great number of unsanctioned US “Immigration consultants” operating internationally. Pursuant to USCIS regulations, no individual is entitled as a matter of law to take money in exchange for providing immigration assistance unless they are a licensed attorney in at least one US State or Territory. Thus, unless a client is dealing with a qualified US lawyer they should not be remitting fees for the services of a “visa agent,” or “lawyer” who cannot provide proof of proper licensure. If dealing with one claiming to be a lawyer ask to see their US state or Federal license to practice law. If they cannot produce such documentation then there is a strong reason to believe that they are not entitled by law to represent clients before the United States Citizenship and Immigration Service (USCIS).

To learn more, please see my Thai fiance.

September 4, 2009

US Immigration Thailand: K-1 Visa or J-1 Visa

Filed under: General — Tags: , , , , , , — admin @ 6:39 pm

United States statutes regarding visa obtainment can be quite convoluted. American Immigration law can be a very dense specialty because many different government agency regulations have an impact upon the American Visa obtainment process.

Thailand is not only home to some of the most exquisite weather, beaches, jungles, and scenery. The Kingdom also boasts some of the World’s most physically striking women. Add to this the fact that the Thai people are some of the most hospitable people in the world and the weary traveler is left with an environment that comes as close to a “Garden of Eden,” as one could find. Many Americans find true love in Thailand. As a result, the US Citizen needs to obtain a visa for their new found loved one. This piece is written in order to discourage the use of improper travel documents for US Immigration.

The J1 visa is intended for exchange visitors traveling to the United States of America. J1’s help facilitate interaction between US Citizens and people from abroad. Some Thai-US couples seek the J-1 visa for the Thai fiancee in order to get around the relatively longer waiting period of the K1 visa. Even though this approach may appear rational from a distance, the implications could be harmful.” The reason it is inadvisable to utilize a J-1 visa as a fiance visa for a Thai-American couple is due to the fact that Immigration fraud issues may arise when a Thai or American lies about their intentions with regard to entering the USA.

A further concern is something known as the Foreign Residency Requirement. In many J-1 visa programs, it is required that a J-1 visa recipient spend at least two years outside of the United States after they have finished their J-1 visa exchange program. The policy intention undergirding the Foreign Residence Requirement is based, in part, on the contention that aliens who are given specialized training at government expense, should disseminate that information in the alien’s home country in order to facilitate cultural exchange. To act in any other manner would negate the reason for original visa issuance. Although, a waiver of the requirement of foreign residence could be obtained, but these type of waivers are rarely issued by USCIS. That being said, it may be imprudent to bring a Thai loved one to the United States on a J-1 visa if a Foreign Residence Requirement will later be imposed.

To find out more on this and other topics, please see: US Visa Thailand

The information imparted within this piece should not be considered individualized legal advice, in order to receive personalized legal advice, contact an attorney. No Attorney-Client relationship is created by reading this article.)

September 2, 2009

US Immigration Thailand: K-1 Visa or J-1 Visa

Filed under: General — Tags: , , , , , , — admin @ 2:39 pm

United States statutes regarding visa obtainment can be quite convoluted. American Immigration law can be a very dense specialty because many different government agency regulations have an impact upon the American Visa obtainment process.

The Thai Kingdom isn’t merely known for its exotic environment, superb climate, and wondrous architecture. It is also the home of some of the most beautiful women on Earth. Add to this the fact that the Thai people are some of the most hospitable people in the world and the weary traveler is left with an environment that comes as close to a “Garden of Eden,” as one could find. Many Americans find true love in Thailand. As a result, the US Citizen needs to obtain a visa for their new found loved one. This piece is written in order to discourage the use of improper travel documents for US Immigration.

The J1 visa is intended for exchange visitors traveling to the United States of America. J1’s help facilitate interaction between US Citizens and people from abroad. Some Thai-American couples consider the J-1 visa as a method for bringing their fiancee to the United States and thus skirt the comparatively longer processing time of the K-1 fiance visa. Even though this approach may appear rational from a distance, the implications could be harmful.J-1 visas should not be used in place of a fiance visa or marriage visa because of the immigration fraud issues that could arise from such a course of action.

Another crucial issue is a regulation known as the Requirement of Foreign Residence. In certain situations, the recipient of a J-1 visa will be required to maintain a foreign residence for at least two years after the J-1 has expired. The policy intention undergirding the Foreign Residence Requirement is based, in part, on the contention that aliens who are given specialized training at government expense, should disseminate that information in the alien’s home country in order to facilitate cultural exchange. To do otherwise would often undermine the whole reason for issuing the travel document in the first place. Although, a waiver of the requirement of foreign residence could be obtained, but these type of waivers are rarely issued by USCIS. Therefore, it is probably not prudent to bring a Thai fiancee to the USA on a J-1 visa if a foreign residency requirement is mandated after the visa’s validity ends.

For more information please see: visa lawyer thailand

The information imparted within this piece should not be considered individualized legal advice, in order to receive personalized legal advice, contact an attorney. No Attorney-Client relationship is created by reading this article.)

American Visa Thailand: The F-1 Visa for Thai Students

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Matriculating to an academic institution in America is considered highly desirable by many people living abroad. The United States of America is home to many notable institutions of higher learning such as: Harvard University, Yale University, Brown University, and Stanford University. If a foreign student wishes to study in a large learning center in the US, then they must first acquire an F-1 student visa.

The US Student Visa, or F-1 Visa, is utilized by those aliens wishing to study in the USA. To some, getting an F-1 visa can, at first, appear impossible. Many foreign nationals are under the mistaken impression that they cannot obtain an American student visa because they are not intelligent enough, or believe that approval of the visa is based solely upon a visa applicant’s financial resources. In practical terms, these points are only half true. The US Student visa does require that the applicant show that they can pay for their course of study for its entire duration. Further, an American Student visa is more likely to be granted where the applicant is seeking to take courses in high level areas of academia or in a specialty that is considered to be of high value. However, as it is and education visa, there are those who obtain the visa simply because they wish to study subjects not taught abroad  and as a result have no upper level formal education to speak of in that field of study.

A usual inquiry about F1 applications is: can I work on a student visa. Many F1 applicants wish to work while in the USA. Generally, those holding an American Student Visa cannot work in the US. At the same time, in some situations this is not true. An F-1 visa may allow a foreigner to be employed in the United States provided that the employed falls under that permitted under US Immigration and Labor regulations.

In general, a foreign student will be permitted to work only at the institution at which he or she is studying. Further, the foreign student will likely be restricted in the number of hours he or she may legally work. As a general rule under the law, a foreign student may only work for a maximum of 20 hrs per week. Those who work in the USA without authorization put themselves in a situation where they may be penalized.

To learn more on this and other Immigration topics go to: K3 Visa Thailand, Fiancee Visa Thailand, K1 Visa Thailand.

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