Our Services For Regular & Regional Center Programs
We are ready to provide you with comprehensive EB-5 Green Card services that apply to both the Regular and Regional Center programs, including:
- Confirm the source and availability of funds available for your EB-5 Green Card business investment, which generally requires the submission of 5 years of tax filings
- Advise on due diligence for your preferred business investment
- Prepare and file your I-526 petition as an alien entrepreneur with the U.S. Citizenship and Immigration Services (CIS)
- Once you are approved, we help you file for an Adjustment of Status or Immigrant Visa
- When you are granted conditional resident status, we monitor your case during the 21-24 month wait period required to verify that the full investment has been made and 10 jobs created (if applicable)
- We help you file the Form I-829 application to remove conditional resident status at the specified time to obtain permanent residence.
EB-5 Green Card Regional Center Application Services
The Regional Center program is ideal for the retiree or inactive investor due in large part to the “indirect employment creation” requirement and usual limited partner feature of this program. If you choose to invest $500,000 plus acquisition costs through one of more than 70+ Regional Centers, we can assist you by discussing the Regional Center program options that may be best suited to you.
There are several steps in the Regional Center program category which vary based on your individual circumstances.
EB-5 Green Card Regular Program Application Services
If you choose to invest $500,000 to $1 million through the EB-5 Green Card Regular Program, we can help you:
- Advise on reorganizing an existing business to become a qualifying new commercial enterprise
- Identify a “troubled business” that may allow you to create fewer than 10 new jobs
Start The EB-5 Green Card Process Now
Getting started is easy. Schedule a consultation to speak to EB-5 Green Card attorney Cathy Tran Reck in more detail about your case, or contact us at one of our international offices in Bangkok and Ho Chi Minh City.
Visa Denials 214(b) and 221(g)
US Visa Denied under INA Section 214(b)
Section 214(b) is part of the Immigration and Nationality Act (INA). It states:
Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status…
To qualify for a non-immigrant Tourist Visa or Student Visa, an applicant must meet certain requirements, particularly that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant, that’s YOU.
Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents, and consulate officers only spend a minimal amount of time reviewing the file before the interview, and in some instances, none at all.
What constitutes “strong ties”
Strong ties differ from country to country, city to city, individual to individual. Some examples of ties can be a job, a house, a family, a bank account. “Ties” are the various aspects of your life that bind you to your country of residence: your possessions, employment, social and family relationships.
As each person’s situation is different, consular officers look at each application individually and consider professional, social, cultural and other factors. In cases of younger applicants who may not have had an opportunity to form many ties, consular officers may look at the applicants specific intentions, family situations, and long-range plans and prospects within his or her country of residence.
Visa denial under Section 214(b)
Applicants refused visas under section 214(b) may reapply for a visa. When they do, they will have to show further evidence of their ties or how their circumstances have changed since the time of the original application. It may help to answer the following questions before reapplying: (1) Did I explain my situation accurately? (2) Did the consular officer overlook something? (3) Is there any additional information I can present to establish my residence and strong ties abroad?
Visa fee refund
The visa processing fee is nonrefundable regardless of whether a visa is issued. You are not barred from reapplying as often as you like, just be aware that the application fee applies each time and there’s no guarantee that it will be approved.
US Visa Denied under Section 221(g)
221(g) is a section of the Immigration and Nationality Act and it simply means the consular officer is not satisfied with the quality or quantity of the documents you have submitted to prove your relationship to the US citizen petitioner. The officer might consider your evidence to be lacking in substance or honesty to prove that you have a bona fide relationship. This may happen at the interview where the officer discovers an issue or red flag that the applicant was unable to satisfactorily overcome. Cases issued 221(g) or blue sheet have a limited amount of time to submit additional evidence before the case is sent to USCIS with the recommendation for revocation of the I-129F approval.
In some instances, we will be able to prove up your case to the consular officer and ultimately get the visa. This will depend on the facts of your case.
If you were given a 221(g) denial with this verbiage: “Your petition has been returned to the USCIS Service Center for review and possible revocation,” then your case may no longer be at the consulate and possibly on its way back to USCIS for revocation.
The consulates are not supposed to deny a case based on evidence that USCIS considered when it approved the I-129F petition, as the consulate is not empowered to deny or revoke the approved I-129F. However, they may recommend to USCIS that the evidence submited and the personal interview illustrated strong discrepancy to indicate a possible sham marriage or fraud entered into to circumvent US Immigration Law. If USCIS is convinced then it will revoke the fiance petition I-129F, otherwise it might return it to the consulate for a second interview. Please note that USCIS will not return the case to the consulate without compelling evidence from the American petitioner requesting this reconsideration.
Adjustment of Status Overview
An immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. You must go through a multi-step process to become an immigrant. In most cases, USCIS must first approve an immigrant petition for you, usually filed by an employer or relative. An immigrant visa number must be available to you, even if you are already in the United States, and if you are already in the United States, you may apply to adjust to permanent resident status (If you are outside the United States, you may follow a different process called consular processing.)
Where Can I Find the Law
The Immigration and Nationality Act is a law that governs immigration in the United States. For the part of the law concerning most types of permanent resident status, please see INA § 245. The specific eligibility requirements and procedures for adjusting to permanent residence status are included in the Code of Federal Regulations [CFR] at 8 CFR § 245.
Will I Get a Work Permit
Applicants for adjustment to permanent resident status are eligible to apply for a work permit while their cases are pending. You should use USCIS Form I-765 to apply for a work permit. You do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident, you should receive a permanent resident card that will prove that you have a right to live and work in the United States permanently.
Can I Travel
If you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole. If you do not obtain Advance Parole before you leave the country, you will abandon your application with USCIS and you may not be permitted to return to the United States. For more information, please see How Do I Get a Travel Document?.
If Denied Is It Final
The only applications for permanent residency (Form I-485) which can be appealed to USCIS are those based on a marriage which took place while the alien’s application was in process or those based on Section 586 of Public Law 106-429, adjustment of status for certain nationals of Vietnam, Cambodia and Laos. These appeals must be made to the Administrative Appeals Unit (AAU).
Generally, you may appeal within 33 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C.
Can Anyone Help Me
If advice is needed, you should contact Frontier Legal to assess your immigration case for appeal. As only US licensed attorneys may represent you in the appeal process, Frontier Legal may enter form G-28 Notice of Entry or Representation of Attorney to handle your Motion and appeal your case to the Board of Immigration Appeals.
Contact us to speak to a lawyer about your immigration options.
US Visas and Immigration Services
CTR & Associates represents clients in Immigration Law by providing them a more efficient, reliable, and professional way to achieve their success at the US Embassy. Whether it is a family based immigration law matters at the US Embassy in Bangkok to the US Consulate in Ho Chi Minh City, we meet with clients to assess the facts of the case and develop a legal and practical business plan suitable to their individual needs.
As a leading American Law Firm, our U.S. Attorneys can make Administrative Processing inquiries with the local U.S. Embassy in Bangkok or in Ho Chi Minh City, provide personal immigration consultations, research local immigration laws, request a legal opinion for Thailand or Vietnam, draft/review and negotiate Prenuptial Agreements, and provide legal advice with our local Thai and Vietnamese Lawyers. Our most popular requests are Tourist Visas B1/B2, Fiance(e) K1, and Spousal Visa K3 for Immediate Relatives.
U.S. Passport & Citizenship
U.S. Citizenship is one step beyond permanent residence (Green Card). It provides the maximum immigration rights and is normally the final stage or goal for most immigrants. We can provide information on the following issues on citizenship:
- Citizenship Application N-400
- Citizenship Test Reading and Writing Requirements
- Citizenship Package Naturalization Questions
- Dual Citizenship for Yourself of Your Children
- Certificate of Citizenship, Replacement or New
- Certificate of Naturalization
- Passport Application
U.S. Visas
A visa grants the holder the right to apply for entry into the United States. 
- B-1 Business Visa
- B-2 Tourist Visa
- C-1 Transit Visa
- F-1 Student Visa
- J-1 Exchange Visitor Visa
- H-1B Work Visa
- K-1 Fiancée/Fiancé Visa
- Tourist Visa Extension
Tourist Visas for Business or Pleasure B1/B2
Visitors traveling to the United States temporarily for business and pleasure, usually come as tourists or to visit family and friends. Others come for specific purposes, such as medical treatment, a conference, business meeting, or certain types of training.
Some tourists from certain countries, traveling for visitor visa purposes for 90 days or less, and who meet all the requirements, can travel to the United States for tourism or business under the Visa Waiver Program. Additionally, certain citizens of Canada and Bermuda do not need a visa to visit the U.S.
Many of these temporary visitors, traveling for the business and pleasure purposes explained above, need visitor visas to enter the United States. The type of visa you must have is defined by immigration law, and relates to the purpose of your travel. Please note: If you want to travel to the United States to study or to work, you will need a different kind of visa.
K1 Visas
For many American who have met their girlfriends during their holiday tour of Thailand or who have met online through various dating websites, the most confounding problem is what to do if you want to pursue your relationship in the US. The most common questions I get from prospective client are: How can I bring my Thai fiancee to the US to get married? Do I have to marry her in Thailand or can we marry in the US? What are the financial and procedural issues I’d have to substantiate to the US Embassy?
Read more about K1 Visas here.
Visa Denials 214(b) and 221(g)
Section 214(b) is part of the Immigration and Nationality Act (INA). It states:
Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status…
To qualify for a non-immigrant Tourist Visa or Student Visa, an applicant must meet certain requirements, particularly that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant, that’s YOU.
Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents, and consulate officers only spend a minimal amount of time reviewing the file before the interview, and in some instances, none at all.
Read more about Visa Denials here.
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Cathy Tran Reck, Esq.
Cathy Tran Reck, USA Attorney in Bangkok, Thailand
Cathy Tran Reck is the managing director of CTR & ASSOCIATES. She is fluent in English and Vietnamese, certified to practice law under the California State Bar, and an active member of the American Immigration Lawyers Association. We combine distinct legal and cultural experiences to serve our clients with the utmost professionalism.
Qualifications
J.D. Santa Clara University, California (2002)
M.A. Sacramento State University, California (1998)
B.A. University of California, Davis, California (1995)
Member of Phi Beta Delta Omicron Chapter
Member of American Immigration Lawyers Association
Member of California State Bar
Member of the American Bar Association
Kinh Le, Attorney in Vietnam
Kinh Le, Vietnam Attorney
Kinh Le is the Managing Director at L&N Law Offices based in Ho Chi Minh City and Hanoi, Vietnam. Mr. Le has extensive civil litigation experience in Labor Dispute, Arbitration, Business Transactions, International Business Law, Family & Matrimonial Law, and Finance Law. L&N Consulting provides of counsel services to our international clients with demands for international business law and transactions.
