New Consular Fees in Effect on July 13, 2010
On June 28, 2010, the Department of State published its Schedule of Fees for Consular Services in the Federal Register. The schedule includes fees for passports, immigrant visas and other consular services. The changes will take effect on July 13, 15 days after publication in the Federal Register.
The 27 adjusted fees are based on a Cost of Service Study completed by the Bureau of Consular Affairs in June 2009. The study, which was the most detailed and exhaustive ever conducted by the Department of State, established the true cost of providing these consular services, which by law must be recovered through collection of fees.
Non-immigrant visa application such as the tourist visa and student visa will now be $140
K Visa will cost $350 a major increase from the previous $131
Passport book for an adult wil be $135
Consular Report of Birth Abroad will increase from the current $65 to $100
Renunciation of US Citizenship will be $450
Visa Denial: 214(b), 221(g), or Administrative Processing – a Primer
Visa Refusal under INA 214(b), 221g, and Administrative Processing
The US Embassy refuse visa applications for a myriad of reasons. US consular officers review the documents, investigate the individual’s background, and conduct a personal interview to evaluate whether a visa applicant is eligible. When an immigrant visa case is not approved the applicant is issued a 221(g) or “blue sheet” indicating the evidence submitted was insufficient. When a non-immigrant visa is not approved, it’s basically due to the requirements of section 214b, wherein the applicant did not have evidence of strong ties to a residence abroad to compel the applicant to return home after a short, temporary visit. Administrative processing is sometimes equivalent to a 221(g) refusal as the consular officer was unable to approve the case based on the evidence submitted, or a discrepancy was discovered requiring additional time to investigate. Administrative processing cases may languish in visa purgatory for a long time.
214(b)
Section 214(b) is part of the Immigration and Nationality Act (INA). Most visa applicants apply for a tourist visa or a student visa in this category. To qualify for a visitor or student visa, a prospective visitor or student applicant must meaningful evidence of funding, valid purpose of the trip, and strong ties in a residence abroad to compel the applicant to return to after the visit.
The most frequent basis for such a refusal concerns the requirement 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. Evidence of “strong ties” may be illustrated by consistent and steady history of employment, sufficient collateral or property ownership to cover travel expenses, and a succinct and sincere reason for the visit. These are compelling factors the consular officered consider when evaluating an applicant’s eligibility for the visa. The brief interview with the applicant is also valuable in the consular officer’s decision to approve or deny the visa.
221(g)
U.S. consulates abroad have been known to deny visas based upon INA Section 221(g) even after the United States Citizenship and Immigration Services (USCIS) has approved a petition for the visa application.
In a 221(g) case, the consular officers determine that the requirements for a petition-based visa are not met by an applicant. They can refuse to issue the visa under Section 221(g). When they do so, they also request that the USCIS revoke the petition that was approved earlier.
Even though the USCIS has the primary authority to determine whether or not a person meets the requirements for a particular, petition-based visa classification, the consulate may reach a different conclusion and request that the USCIS reconsider its original approval of a petition. What can happen is that new, negative information can come to light at the time of the interview and the interviewing consular officer may conclude that the visa applicant either does not appear to meet the requirements of a fiancé/e. Essentially the fiance(e) did not convince the consular officer that the relationship is bona fide and possibly a sham marriage entered into to circumvent US Immigration law. Cases issued 221(g) are equivalent to a denial, however, some languish in visa purgatory similar to administrative processing.
Administrative Processing
In cases pending in Administrative Processing (AP) the consular officer may need more time to review the case before determining whether the applicant is eligible for the visa. In immigrant visa cases such as the fiance(e) visa, the consular officer may conclude at the interview that there’s not enough convincing evidence to deny the case nor approve it, there may be some red flag issue, or a discrepancy in the case to warrant a secondary review. Cases in AP may take months to conclude, however, in this writer’s experience, providing additional compelling evidence of the bona fides of the applicant’s relationship to the American petition may assist the consular officer in making a definitive decision in the case.
AP is a state of flux that leaves applicants frustrated and confused as there’s no definitive guidelines as to what the immigration issues are and whether the applicants can do anything to compel the consular officer to issue the visa. It is within the discretion of the consular officer to hold the case and investigate it further, thereby leaving the applicant with neither an approval nor denial.
Whether the case is issued a 214(b), 221(g) or placed in administrative processing, a competent immigration attorney should be able to review the case and provide the best course of action based on the applicant’s unique sets of facts. Consular processing attorneys are in a highly advantageous position to assist since they are able to inquire directly with the consulate and embassy where the applicant’s case was denied.
Question: K1 Fiance Visa Approved Based on Only One Visit with Fiancee?
Hello,
Very good question.
Just a quick note that I know of a few people who did get their K1 Fiance Visas approved based on just one visit. It all comes down to the amount of time you spend together, and the quantity and QUALITY of evidence you submit with the application, in addition to the answers to the questions asked at the interview.
Multiple visits that are short and insubstantial may have a negative effect if there’s any discrepancy in other areas, i.e. answers provided on the forms which do not match up to questions asked at the interview, prior marriages, and any indication of fraud.
In all fairness, your attorney should be able to provide you with this information as he/she would be closer to the details of your case.
I hope this helps.
With regards,
Cathy Reck
California Licensed Attorney in Bangkok
CTR Legal
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.
