US Embassy in Bangkok, Thailand

In Thailand, the United States maintains its presence at the US Embassy in Bangkok and US Consulate in Chiang Mai.

The US Embassy in Bangkok, Thailand is the third largest American embassy in the world. As such, it provides a wide range of services primarily focusing on the advancement of the American economic and commercial interests and the protection of US citizens not only in Thailand but in the South East Asian region as a whole.

To carry out its multifarious functions, the embassy has several sections and offices working together towards the achievement of its goals and objectives in the region.  These include the Consular Section of the U.S. Embassy in Bangkok is bifurcated into American Citizen Services and the Visa Section.

The American Citizen Services unit is tasked to assist American expatriates and visitors to Thailand and neighboring countries by providing assistance in passport application including the issuance of emergency passports and other related travel documents, reports of birth and death in Thailand, legalizations, facilitating applications for federal benefits and providing emergency assistance to distressed Americans.

The Visa Section, on the other hand, services foreigners who would like to enter the the US for temporary visit or for indefinite or permanent stay. In particular, the embassy in Bangkok processes all types of visa applications i.e. non-immigrant and immigrant visas. Non-immigrant visas include tourist visas and business visas while immigrant visas can be in the form of K1 Fiancé Visa, K3 Marriage Visa, CR-1, IR-1, and Work Visa among others. Meanwhile, the U.S. Consulate in Chiang Mai can only process nonimmigrant visas in the north-western 16 provinces and assists Americans living in or visiting the province.

The US embassy in Bangkok is located at 120/22 Wireless Road, Bangkok, Thailand 10330. It operates Monday-Friday from 7 AM to 4 PM. It is closed on official holidays. The embassy can be reached via Tel: +66-2-205-4000.  For further information about the US embassy in Bangkok, you can log into http://bangkok.usembassy.gov/

The US Consulate in Chiang Mai is found on Wichayanond Road. You may contact the consulate via Tel: +66-53-107-700. You can also log in to the consulate’s official website at http://chiangmai.usconsulate.gov/ for more information.

Attorney at US Visa Interview in Thailand

Visa applicants sometime believe they have a right to attorney representation at a visa appointment interview, and while this may be true before the United States Citizenship and Immigration Service (USCIS), this is prohibited for the US Consulates and Embassies abroad. The general rule for most US Consulates and Embassies is that only the visa applicant may appear for the interview, although in cases where the applicant is a minor then a legal guardian or attorney may appear on the child’s behalf.

The State Department follow the United States Foreign Affairs Manual (FAM) which gives guidance to State employers and attorneys on correspondence with client’s representatives. Each consulate has the discretion to establish its own policies regarding attorney representation, and generally consular officers will correspond with the attorney directly so long the attorney has submitted a properly executed G-28 Notice of Representation. If so then the officers will notify the attorney of records regarding issues with their client’s case.

The advantage to this direct communication is invaluable when the attorney is “on the ground.” This expedites and removes any unnecessary delays via mail or phone, merely by the attorney being able to appear before the consular officer to make a direct inquiry. This being said, the State employees are required to provide the same communication to American lawyers in the US and abroad.

While American attorneys are not accompanying visa applicants to interviews, there’s an infinite amount of information from websites promising legal representation at the US Embassy. These visa agents are not permitted to enter as the attorney of record and thereby prohibited from submitted a G-28 form. Without this executed g-28 form in place, the US consular officers will not communicate with anyone except the alien applicant regarding the status. Therefore, while American attorneys are not at the interview, they are able to investigate and facilitate the case to adjudication.

Contact us to find out how we can serve you with our team of experienced staff and American attorney for either Consular Processing Services or American Citizen Services.

Exchange Tower 42nd Floor
388 Sukhumvit Road
Bangkok, 10110 Thailand

(+66) 02 302 1448

Health Based Ineligibility For Entry to the USA

The following communicable diseases of public health significance render a person inadmissible:

Chancroid
Gonorrhea
Granuloma inguinale
Acquired immune deficiency syndrome (HIV/AIDS)
Hansen’s disease (infectious leprosy)
Lymphogranuloma venereum
Infectious state syphilis
Infectious tuberculosis (TB) (clinically active)

In addition, the following physical or mental disorders can render a person inadmissible. Current physical or mental disorders, with harmful behavior associated with the disorder. Past physical or mental disorders with associated harmful behavior that is likely to recur or lead to other harmful behavior.
Harmful behavior is behavior that may pose, or has posed, a threat to the property, safety or welfare of the applicant or others.

A record of driving under the influence of alcohol (DUI or DWI) can lead to an investigation by the government to determine whether an immigrant has a “mental disorder associated with harmful behavior.”
For certain treatable illnesses (tuberculosis, for example), an arrangement with the overseas consulate may be possible whereby the applicant returns home to undergo a treatment regime for a specified length of time and then returns to the “panel physician” for re-examination, and if the illness is in complete remission, the visa is issued without the need for a waiver.

Waivers are possible for most of the health grounds of inadmissibility except for drug abuse or addiction. In evaluating all such waivers, the government adjudicator is obligated to ensure that the immigrant will not pose a threat to the health or welfare of the U.S. public, and that there will be no financial cost incurred by any level of government agency or by U.S. taxpayers due to the admission of the immigrant (except in such cases where an authorized U.S. agency has given its prior consent).
HIV applicants will also have to show the following:

Medical treatment has been arranged in the United States;
The applicant is aware of the nature and severity of his or her medical condition;
The applicant has provided evidence of counseling; and
The applicant has demonstrated a knowledge of the modes of transmission of the virus.

In addition, HIV applicants have a particularly high burden with regard to the “public charge” aspect of the waiver. The applicant’s U.S. sponsoring relative must demonstrate financial resources and/or health insurance to absorb the estimated $500,000 plus lifetime cost of health care for an AIDS sufferer before the waiver will be further be considered.

A person with a physical or mental disorder which threatens the safety of the applicant or others may receive a waiver if they submit documentation that convinces the government that they are fully recovered.

Contact us in Bangkok!

Bangkok, Thailand +66 (0)8 4724 3192

Skype: FrontierLegal

Email: Info@Frontierlegal.com

Criminal History May Bar Foreign Nationals from Entering the U.S.

Foreign nationals with one or more criminal convictions in their past are typically ineligible to receive an immigrant visa to enter the U.S. (non-immigrants are likewise barred, although the bar is not quite as broad as it is for immigrant visas).
There are some exceptions to the bar.

The offense is not a crime of “moral turpitude” (a very slippery concept that some courts have equated with a fundamental “baseness”, “depravity” or “vileness”, but for which no clear definition exists). The offense was “purely political.” The foreign national has (1) committed only one crime involving moral turpitude at any time; AND (2) “was not sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed) AND (3) the conviction carries a maximum possible sentence of one year or less.

Drug traffickers are ineligible for a visa, even if there has been no conviction, as long as the consular or immigration officer knows or has reason to believe that the visa applicant has been involved in trafficking.

A person coming to the U.S. to engage in prostitution, or who has engaged in prostitution within ten years of their application for entry, is inadmissible, even if there was no criminal conviction.

An amnesty or parole does not remove the crime from calculation of the bar. Such crimes are treated for U.S. immigration purposes exactly as though the conviction remained in place.

Similarly, a “deferred adjudication” whereby the record of the offense is expunged from the defendant’s record is nonetheless regarded as a conviction under U.S. immigration law.

If the foreign national has admitted to the crime, even if there was no conviction, he or she will be barred from receiving a visa (this can even occur during the medical exam preceding the consular interview if the unwitting applicant admits to prior substance abuse or some other crime).

Contact us in Bangkok!

Bangkok, Thailand +66 (0)8 4724 3192

Skype: FrontierLegal

Email: Info@Frontierlegal.com

Student Visas

The U.S. attracts many foreign nationals to its diverse and strong institutions of learning. The F-1 Visa (Academic Student) allows one to enter the U.S. as a full-time student at an accredited (U.S. government- approved) college or university. The student must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate. The M-1 Visa (Vocational Student) is issued to students who want to pursue non-academic programs (health care technician, machinist, dental hygienist, etc) in an established institution. The J-1 Visa (Exchange Student) is for students pursuing graduate / post-graduate studies, visiting scholars, medical doctors undergoing training, etc.

How We Can Help with US Student Visas

Our office in Bangkok, Thailand, can assist both first-time student visa applicants and returning students and their dependent family members with the visa application process at consulates in Thailand.

We can analyze your background and advise you on how best to provide the required evidence of ties to your home country and your ability to bear the cost of your U.S. education, as well as discuss all viable options and paperwork required in each particular circumstance. We are also available to advise students already in the United States and to discuss matters with the International Student Advisor at the college or school on behalf of the foreign student, if necessary. As appropriate, we will submit the petitions and documents for your visa at the consulate or with the USCIS for change of status or extension of stay.

Contact Us for F-1 Student Visa Application

We can put you in contact with world-class institutions within your specific criteria. We can ease the complexities of international travel and communication barriers by vetting our sources to ensure professional integrity and quality care.

Contact us for your personal consultation.

Overview of F-1 Student Visa Denied

The F-1 student status is for the primary purpose of full-time study at a school or college in the United States. (For trade and vocational schools, there is another type of student visa, known as an M-1; however, a student in language school is generally F-1.) Full-time study, in most cases, means at least 12 credit hours per semester. An F-1 must have nonimmigrant intent, meaning that s/he should not be planning to permanently remain in the U.S. upon entry in F-1 status.

Limits under the 1996 law, state that an F-1 student in elementary or secondary public school, or the family of such a student, has to reimburse the government for the cost of the education.

The F-1 student status does not entitle a student to work in the United States without prior authorization. Generally, a student must demonstrate sufficient financial support to pursue studies without the need for employment. During the first academic year, employment is restricted to on-campus work. After the first year, permission may be granted by the U.S. Citizenship and Immigration Services (USCIS), based on the recommendations of the Designated School Official (DSO), for off-campus work, under certain narrow circumstances. For example, a student who suddenly loses his or her source of financial support may request the school’s foreign student advisor to approve employment. Should the school official concur, the student would file for a work permit with the USCIS. There is also a work program for internships with international organizations.

A student is admitted for “duration of status,” which is the period of time needed to complete the school program. The school official enters an estimate of the time needed on the Form I-20 that the school completes. This form is submitted to the USCIS or the consulate when the student applies for a change of status from within the U.S. or for a visa from a consulate abroad, respectively. In most cases a student does not need to apply for an extension of stay. Generally, a student does not need to apply to stay in the United States as long as s/he is maintaining student status and making normal progress toward completion of the course of academic study.

If the coursework will not be completed by the estimated date on the Form I-21, the student and DSO should complete the Form I-538 to submit to the USCIS at least 30 days before the end date on the Form I-20. This submission should include compelling academic or medical reasons for needing the extension. DSOs must help students ensure that their Student and Exchange Visitor Information System (SEVIS) data is up to date at all times.

A student may work in the United States using the practical training option. There are two types of practical training: curricular practical training (CPT), which is required by the course of study, and optional practical training (OPT), which is work that is related to the subject studied.

Practical Training can be used either during the academic program or after completion of the program. Students who have been granted permission for CPT may work up to 20 hours during the school year, and full time during vacations and holidays. Full-time OPT, after completion of the academic program, enables the recent graduate to work for up to a year in a job related to the field of study.

Overview of J-1 Visa Denied

The J-1 visa is a non-immigrant status for an exchange visitor wishing to stay temporarily in the U.S. Within the J-1 category, there are a number of different programs. These include: Trainee, student, professor or research scholar, short-term scholar, non-academic specialist, foreign physician, international visitor, teacher, government visitor, camp counselor, au pair, and summer student in travel / work program.

The foreign visitor must be entering the U.S. to take part in an exchange visitor program that has been designated by the U.S. Department of State (DOS).

There is a requirement that the ‘J-1’ applicant be fluent in English and maintain sufficient funds and adequate medical insurance.

Student Visa Duration of Status

The applicant needs to obtain the Certificate of Eligibility for Exchange Visitor, Form IAP-66, from the program sponsor. On admission to the U.S., the applicant will receive a Form I-94 that is marked for ‘Duration of Status’ (D/S). The program sponsor, not the INS, has the responsibility to ensure that the ‘J-1’ holder maintains a valid Form IAP-66.

‘Duration of Status’ is defined as the completion of the J program plus 30 days. The total length of time that a ‘J-1’ holder is permitted to stay in the U.S. depends on the exchange visitor program. These duration requirements are set forth below:

• Post-Secondary Student : length of stay is time needed to complete the degree plus 18 months practical training
• Post-Doctoral Degree : length of stay is the degree plus 36 months practical training
• Business / Industrial Trainees : length of stay is 18 months
• Professors / Scholars : length of stay is 3 years maximum. Extension of 3 years only in exceptional or unusual circumstances
• Short-term Scholars : length of stay is 4 months
• Flight School Trainees : length of stay is 24 months
• Summer Work / Travel : length of stay is 4 months
• A ‘J-1’ holder must extend status by completing Form IAP-66 through a responsible representative of the program. INS Form I-539 is not required.

Certain J-1 holders are subject to the two-year home residency requirement (HRR), and if one is subject to the HRR, s/he must return to the home country for two years before being eligible to return to the U.S. The exception to this would be a case in which one is eligible for and obtains approval of a waiver of the two-year home residency requirement. A person in J-1 status, if subject to the two-year HRR, is not eligible to change or adjust his/her status from within the U.S. (other than to A or G status) until the two-year requirement is met or waived.Included in the category of individuals who are subject to the home-residency requirements are medical doctors. If you do not go home or intend to return home for the residency then most likely they will deny your student visa application.

What We Can Do For You: Waiver of J-1 Visa

If a J-1 exchange visitor subject to the HRR finds that a waiver is needed, there are many options available. There is no guarantee, however, that any waiver will be approved. Some waiver applications require that no other waiver applications be filed for the applicant. Most waivers have additional requirements that must be met to avoid cancellation of the waiver. It is important that a person seeking a waiver carefully choose the option/s right for her/him in order to maximize the likelihood of success.

Our office can assess waiver applicants and submit the appropriate waivers for the applicants’ particular situation. We will analyze your background and advise you on how best to provide the required evidence of hardship to your US citizen or lawful permanent residence status spouse or child. We will assess and discuss all viable options and paperwork required in each particular circumstance.

We are available to advise students wanting to return to the US on a different educational curriculum discuss matters with the International Student Advisor at the college or school on behalf of the foreign student, if necessary. As appropriate, attorneys at our firm can help with submitting the waiver forms and documents for your visa at the consulate or with the USCIS for change of status or extension of stay.

Cathy Tran Reck, Esq.

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 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.