Class Action Lawsuit Filed Against State Department For Arbitrarily Returning K1 Fiance Visa at Consular Processing

A class action lawsuit has been filed in Oregon charging the U.S. State Department and Department of Homeland Security with unlawfully and arbitrarily returning U.S. petitioner’s Fiance(e) K1 visa at the U.S. Consulate. Plaintiffs are deprived of due process of law and petition approval denied withheld contrary to constitutional right contrary to procedure required by law.

Thousands of families across the country and around the world have been separated due to a colossal sparring match between the defendant agencies, and because of internal dissent within each agency.

Read more here.

Submitting False Documents for a Visa

In order to enter or remain in the United States and be eligible for various immigration-related benefits, non-citizens (aliens) must comply with a number of document requirements under the Immigration and Nationality Act (INA).

Attempts to circumvent these requirements are generally prohibited.  Under the INA, an alien who uses, acquires, or produces fraudulent documents for immigration-related purposes may be subjected to civil penalties and denied certain immigration benefits.

Additionally, certain fraudulent actions may carry criminal penalties under both the INA or the United States Criminal Code.

In general, INA § 274C prohibits the fraudulent production,  use, or possession of documents in order to either (1) acquire benefits under the INA or (2) satisfy an INA requirement.

Specifically, INA § 274C makes it unlawful for any person or entity (including non-aliens) to

• knowingly forge, counterfeit, alter, or falsely make6 any document for the purpose of satisfying an INA requirement or obtaining a benefit under the INA;
• use, attempt to use, possess, obtain, accept, receive, or provide any forged, counterfeit, altered, or falsely made document for the purpose of satisfying an INA requirement or obtaining a benefit under the INA;
• use, attempt to use, provide, or attempt to provide any document lawfully issued to or with respect to a person other than the possessor for the purpose of satisfying an INA requirement or obtaining a benefit under the INA;
• accept, receive or provide any document lawfully issued to or with respect to a person other than the possessor for the purpose of complying with INA § 274A(b) (relating to alien employment verification) or obtaining a benefit under the INA;
• prepare, file, or assist another in preparing or filing, any application for benefits under the INA, or any document required under the INA, or any document submitted in connection with such application or document, with knowledge or in reckless disregard of the fact that such application or document was falsely made or, in whole or in part, does not relate to the person on whose behalf it was or is being submitted; or present before boarding a common carrier for the purpose of coming to the United States a document which relates to the alien’s eligibility to enter the United States, and subsequently fail to present such document to an immigration officer upon arrival at a United States port of entry.

Persons or entities found to have violated INA § 274C may be ordered to cease and desist engaging in the unlawful activity and assessed a civil money penalty.  In the case of first-time offenders, this penalty is between $275 and $2,200 for each fraudulent document or proscribed activity (and between $250 and $2,000 for each violation prior to September 1999).

For subsequent offenses, the civil penalty is between $2,200 and $5,500 (and between $2,000 and $5,000 for each violation prior to September 1999).

Consular Processing at USA Embassy in Thailand

CTR & Associates offers Consular Processing Services to U.S. Law Firms and to individuals. CTR & Associates is managed and owned by a licensed American attorney who is also a member of the American Immigration Lawyers Association, which is a member only organization for American Lawyers and Representatives specializing in the practice of U.S. Immigration Law.

CTR & Associates Consular Processing Services can provide U.S. Law Firms with “on the ground” representation and investigation about the status of the visa application at the USA Embassy in Bangkok. Our American attorneys and Thai staff are there to meet and interview cases in at the client’s location. This on the ground service means less delays in your green card processing time and green card approval.

An Immigration Law Firm Offering Competitive and Quality Services

With CTR & Associates Consular Processing Service you can provide your clients more options and a higher quality of service knowing that they will be represented by an American Immigration lawyer and will be guided through the final stages of their green card process by a qualified American attorney and staff.

Our firm can provide certified Thai-English translations where needed and inquire with the US Embassy post in matters involving 221g denials, administrative processing, or appointment scheduling. For firms with clients facing foreseeable 221g denial issues, our attorneys can assist in preparing the applicants for managing these issues to avoid green card denials. We provide applicants with the knowledge they need to be prepared to deal with the US Embassy in an honest and concise manner so they are prepared to present their case with the best foot forward.

Be aware that No One can guarantee an outcome of a visa application as the ultimate adjudication are evaluated and based on the evidence provided and the unique set of facts of each case. If anyone promises a 100% guaranteed or money back policy then it’s best to inquire into the integrity of that statement. The Immigrant Visa Section of the U.S. Embassy in Bangkok review each case based on the quality and quantity of evidence presented at the interview and prior.

CTR & Associates provides clients with the knowledge and peace of mind  of knowing that the applicant is being advised by an licensed American attorney who is trained in assisting the applicant to prepare for the most important interview in the final stages of their Visa Application.

On The Ground US Attorney to Provide Assurance That Your Client Will Receive a Higher Quality of Service

In the final stages of your client’s green card process, you will have the peace of mind that a licensed American Immigration Lawyer will assist the applicant in preparing for the interview,and locating and submitting required documents to the US Embassy. Our American Attorneys will be on hand to correspond with clients and applicants and will facilitate a smoother transition thereby  avoiding any delays in the process.

CTR & Associates can add an international aspect to your law practice with our office and staff in Bangkok, Thailand. Email us at Info@CtrLegal.com now for more details.  While CTR & Associates is owned and managed by an American attorney, we do not have any special relationship or influence at the US Embassy in Bangkok and we strive to provide our clients with the utmost professionalism in our interaction with the US Consular staff. We strive to conform to all US guidelines regarding attorney client representation and communication when assisting clients at the US Embassy.

Client Testimonials

Below are testimonials of people who have used CTR and Associates and were willing to share their experiences.

Tourist Visa B2: William Rowley

Cathy Tran Reck helped my Thai girlfriend, Pam, obtain a B-2 Tourist Visa to the US.  Despite the fact that Pam does not have strong financial ties to Thailand, Cathy encouraged us to focus on my background of having worked and lived in Thailand for several years. Cathy provided extremely valuable advice to Pam and I regarding the DS-160 application, the interview process and how to provide user friendly supporting documents to the US Embassy personnel.

Cathy prepared Pam for the interview by suggesting brief and accurate answers to questions that would probably be asked by the interviewing officer.  Working with Cathy was a pleasure.  She promptly responded to my emails and phone calls, and she spent a lot of time during our consultation to make sure that Pam understood what to expect when she arrived at the US Embassy for her interview.

I would highly recommend Cathy to anyone who is seeking a B-2 Tourist Visa to the US for their Thai girlfriend.

William Rowley,

Bangkok, Thailand

Widow Penalty: I-360 Widow Petition Based on Deceased US Citizen

My uncle married a very nice Thai lady several years ago and they had a son together.  Sadly, before my uncle and his wife were married for two years, he had a heart attack and died.  Due to the Widow Penalty she was unable to apply for her residency visa.   In October of 2009, the Widow Penalty ended thanks to an attorney Brent Renison in Portland, Oregon who had worked to end the Widow Penalty, for several years.

I contacted to inquire if he knew anyone that could help me get everything going for my uncle’s widow and her Thai son to be able to come to the US to live and work.   Brent recommended Cathy Tran Reck to me.  I contacted her via email and explained the situation, told her what I wanted to do for my uncle’s widow, ask what I needed to do to start the process, the cost and about the length of time before everything was done.  Cathy responded back to me immediately, outlining the entire process from start to finish, a breakdown of the costs and the time frame for completion.

Cathy has been amazing.  She was very knowledgeable on the Widow Penalty and the law change.  The application process has been approved and we are now in the final stage of the process.  She has been in touch with me on a regular basis to keep me informed of what is happening, the communications she’s had with the government officials, where we are in the process and informing me of what the next step will be in the process.

Cathy has personally telephoned me on several occasions for information I could understand and provide better than my uncle’s widow.  Cathy has personally met and explained the process in detail to my uncle’s widow, answered all her questions and advised her of what would be expected of her in the process.  My uncle’s widow told me that Cathy is a very, very nice lady and she likes her very much.

Cathy has definitely lived up to her recommendation and gone beyond.  If you have questions, she’s quick to give you answers.  She is always pleasant, has never made me feel as though I was bothering her or that she was too busy to talk with me when I would call.   Cathy made me feel that my case was as much a priority to her as it was to me.  Her passion and dedication made me feel important and she always provided excellent, personal service all the way from Thailand.

It’s refreshing to meet someone who is caring and honest.  She doesn’t build up your hopes, drain your bank account and then tell you it just can’t happen.  Cathy is honest from the get go.  She won’t make you promises she can’t keep.

Melody S Hagerty
Vancouver, Washington

Ki Fiance Visa & Student Visa: Stuart Schwartzberg

I am an American citizen by birth, and my wife is a naturalized U.S. citizen.  She petitioned for two of her adult daughters to immigrate to the U.S., and they were placed on a “priority” waitlist that currently takes six years to be called.  Her third and youngest daughter immigrated to the U.S. with her as she was not yet an adult at that time.  We tried several times to obtain a visitor visa for the oldest daughter, but were denied the visa each time.  After much frustration and failure, when the oldest daughter became engaged to an American citizen, we turned to one of the “visa agencies” that claim to be able to obtain a U.S. visa without difficulty so that she could apply for a fiancée visa.  We also used the same agency to apply for a visa for our seven year old granddaughter, so that she could come on a visitor visa and subsequently convert it to a student visa.  It turns out that these visa agencies do nothing more than fill out the forms.  They are not recognized by the U.S. Embassy and cannot even enter the grounds of the embassy.  After spending a large amount of money paying their fees, the visas were denied.

At that point, I researched the internet for a U.S. immigration lawyer to help us.  We found Cathy Tran Reck and contacted her.  Cathy immediately gave us sound advice and we retained her services.  Cathy was instrumental in overcoming the obstacles we previously encountered, and had access to the embassy and the visa section, where she was personally able to contact the visa officers directly.  The end result is that our daughter is now in the U.S.A. and is happily married.  Our granddaughter obtained a student visa and is living with us in New York while attending school.  We are hopeful that her mother (the last of my wife’s three daughters to remain in Thailand) will join us next year.

I highly recommend Cathy to anyone needing immigration assistance.  She is extremely knowledgeable and personally handles each case.  I found out the hard way that only a licensed U.S. attorney can access the embassy on our behalf.  I have since recommended Cathy to all of my friends seeking to marry a Thai woman.  Her fees are reasonable and she is very responsive to questions and concerns.  Cathy clearly had the ability to turn a hopeless situation into a successful resolution.

Stuart Schwartzberg
Wappinger Falls, New York

Tourist Visa B2: Wayne Davis

Cathy Tran Reck assisted my efforts to obtain a visitor’s visa for my fiancée to allow her to visit the U.S. with me.  The initial application for a visa was refused by the U.S. embassy.  The reason given, that my fiancée had insufficient ties to her native country, Thailand, was clearly not true.  All of my efforts to get the embassy to disclose the true reason for the denial were rebuffed, only the same boiler-plate 214(b) response was given.  Even my U.S. senator got the same standard response.  Finally, in desperation, I used Google to search for a U.S. immigration attorney practicing in Bangkok.  Cathy came up at the top of the list.  When I phoned for an appointment and discussed the case with her she told me that, in her opinion, the problem was that we had planned to be married during the U.S. visit and that this would be considered as contrary to the terms of a tourist visa.  We dropped the plans for the wedding during the trip, it was an afterthought anyway, and following Cathy’s advice we strengthened our documentation of my fiancee’s ties to Thailand including adding an English translation of deeds of property that my fiancee owns and a translation of the deed to my condo in Bangkok.  The embassy web page and the embassy’s responses to my emails had strongly emphasised that I could not sponsor my fiancée’s trip, that her visa application would be considered on her merits only.  Cathy pointed out that my strong ties to Thailand strengthened my fiancée’s case so in addition to a translation of my condo deed I submitted copies of my passport and the three years of Thailand retiree visas.

My fiancée’s second visa interview was successful.  I am certain that the success was due to Cathy’s advice and highly recommend her for U.S. immigration matters.

Feel free to contact me to confirm this recommendation (except for 30 June through 16 July 2010 when my fiancée and I will be in the U.S.).
Wayne Davis
Bangkok, Thailand

K1 Fiancee Visa: Roy Joslin

I met Cathy Tran Reck back in November 2007 after an exhaustive search for an immigration lawyer.  I was looking for a lawyer which had extensive knowledge and experience within the immigration laws and in particularly the Fiancee Visa process.  I definitely wanted a lawyer who was also licensed to practice in the United States.  I had consulted with numerous other immigration lawyers (locally and abroad) prior to meeting Cathy and after the initial consultation with Cathy I knew this was the lawyer that I had been searching for!  Cathy answered all my initial questions in thorough detail and comprehensible manner.  I chose Cathy and her associates as my sole immigration attorney for all my legal issues which may arise while going through the Fiancee Visa process and with any possible future issues after the process was completed.

In my opinion Cathy’s firm went above and beyond my expectations from what I was expecting from an immigration lawyer.  All communication with Cathy from the beginning to the end and in every aspect was conducted in a very professional manner which I cannot say enough about.  I myself, being in the Law Enforcement profession for eighteen years, realize how far professionalism and professional conduct accounts for a person and their work ethics in today’s society and Cathy displays such above and beyond in my personal opinion.  I and my lovely wife fully and without any doubt would recommend Cathy and her firm for any and all of someone’s needs relating to any of her firm’s practices.

Roy & Hang Joslin
Parrish, Florida

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.

K1 Fiance Visa

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?

An American citizen who plans to marry in the US must first determine their local USCIS office to file the I-129F for their fiancee. This initial processing means you have to submit sufficient proof that you have a bona fide relationship with you fiancee and you must also have met with your fiancée in person within the last two years before filing for the visa. This requirement can be waived only if meeting your fiancée in person would violate long-established customs, or if meeting your fiancée would create extreme hardship for you. There are narrow exceptions to this rule so if you have fall in this category, you need to get professional legal help.  Additionally, you and your fiancée must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You may also apply to bring your fiancée’s unmarried children, who are under age 21, to the US. As a practical matter, the National Visa Center does an administrative review of the file to ensure everything is in order before moving it along to the US Consulate abroad.

Once your petition is approved in the US, the file is then sent to your fiancee’s country of residence, and in this case it would be Bangkok, Thailand. The US Consulate will do an administrative review of the file to see that everything is in order and then send your fiancee a packet of information to complete prior to making an interview appointment. This ranges from residency documents to medical exams, and any supplemental evidence she may want to take to the interview to verify the veracity of the relationship. While the US Consulate does see a fair amount of fraudulent cases, most Consular Officers are fair and knowledgeable in immigration law and they will normally approve credible, legitimate cases.To their credit, they are trained to determine if a case lacks merits or if it’s purely based on circumventing USA immigration laws, for which they will ultimately deny.

The most crucial part of this process is the interview. This is the only time where the Consular Officer will meet with your fiancee and to determine whether there are any discrepancies or dishonesty in the case. This is an essential and pivotal point in the process and where more applicants tend to fail. As mentioned earlier, the Consular Officers are adept at fraud detection and signs of misrepresentation, wherein it is within their discretion to outright deny the case and send it back to USCIS for revocation, or they issue a 221(g) and forward it to Administrative Processing. Either way, the strength of the case is dependent on the applicant’s response to questions posed and the quantity and quality of the evidence. It’s true, some legitimate cases are wrongfully denied, and some weak ones do get approved.

If your fiancee is successful, the U.S. Embassy will issue a visa for her, and her dependents if applicable, to go abroad and get married. However, the marriage has to take place within 90 days of your fiancee entering the USA. If the marriage does not take place, your fiancee cannot marry someone else and she must return to Thailand. Until the marriage takes place, your fiancée is considered a nonimmigrant, which is simply a foreign national seeking to temporarily enter the United States for a specific purpose so it’s nearly impossible to change the status of that visa to that of Tourist or Student Visa when your fiancee enters on the Fiancee K1 Visa.

If your fiancee intends to live and work permanently in the US, she should apply to become a permanent resident after your marriage. If she does not, she will have to leave the country before the 90 days nonimmigrant admission date. Once the permanent residence is issued after your marriage, your fiancee will initially receive conditional permanent residence status for two years, and it simply means that the marriage was created less than two years at the time of the application for permanent residence. This would also apply to any dependents that benefited from the K-2, such as her unmarried children.

Alternatively, if you are one of those unfortunate souls that were denied a Fiancee Visa, you may appeal within 33 days of receiving the denial by mail. Chances of getting an appeal approved is slim, especially if the denial is based on facts in the case. If you believe it was erroneously denied due to legal grounds, I suggest hiring professional legal help to appeal to the appropriate department in the Embassy.  More often than not, clients do not even realize that their denial was without applicable legal basis  versus factual findings to gauge whether to appeal. Many will simply abandon the Fiancee Visa and seek other immigration options or they seek the advice of a legal professional. This is purely a personal and strategic decision depending on your ultimate goal.

Working with the US Embassy does not have to be a traumatic or expensive journey. It takes some time to research the administrative procedures and a patient. The end result of bringing your fiancee to the USA should be your ultimate goal and never underestimate the power of bureaucracy.

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