US Visa for Maid

Obtaining a domestic employee visa (B1 visa) for a maid or nanny is an arduous task because the documentary evidence required is stringent, however, it does not mean that it is impossible to obtain a US visa for your maid or nanny!

Permanent Visa or Temporary Visa

Keep in mind that if you are moving back to the US permanently then you can’t bring your domestic employee with you. Requesting a B1 Tourist Visa for a maid or for a nanny has to be for a temporary stay in the US. By regulation, neither domestic employees of U.S. citizens who permanently reside in or are resuming permanent residence in the United States, nor domestic employees of U.S. Legal Permanent Residents, can obtain non-immigrant domestic employee visas.  If the employer of the domestic servant is a U.S. citizen who is moving back to the U.S. on a permanent basis, the employer cannot bring a domestic employee back to the U.S. Therefore, if the employer is moving back on a temporary basis then the employer can qualify to petition the maid or nanny back to the U.S.

US Citizens Applying for Maid or Nanny

Both spouses have to be eligible employers, meaning both have to be US citizens or you’re entering the US on the B, E, F, H, I, J, L, M, O, P, or Q non-immigrant status. If only one spouse is a US citizen then may not be eligible to assist your maid or nanny with her temporary visa.

Wage for Maid

The employer must be able to show that the maid  will be paid the market rate for the average maid in the U.S. The most likely scenario is the prevailing wage the entire time the worker is in the U.S. Additionally, you may have to withhold from your domestic employee’s wages the amount due for federal and state taxes. At the end of the year, you should give her a W-2 form and help her file income taxes as required.

Health and Medical Insurance for your Maid

You will need to obtain health and medical insurance for your maid.  Some states require workmen’s compensation for employees. You may also be liable for unemployment compensation taxes. You must fulfill the terms of the employment contract presented to the Embassy at the time of the visa application.

Visa Denial for your Maid

A common reason for visa denial is the legal presumption that each person applying for a visa to enter the United States is an intending immigrant or that the person is coming for an impermissible or illegal purpose.  In order to overcome this legal presumption, maid visa applicants must prove to the satisfaction of the Consular Officer that the domestic employee has a residence abroad which she has no intention of abandoning. Please bear in mind that this presumption is a difficult one to overcome. Normally this is referred to as “strong ties” to the home country or residence.

Application Fee Increase for a Green Card

The cost of getting a green card — may be going up, as the Obama administration has proposed increasing the application fee for a green card — given to foreigners with permission to live and work in the US permanently — from $930 to $985. The fee for required fingerprinting also would go up $5 to $85, for a total of $1,070.

Foreigners wanting to become a U.S. citizen must have held a green card for five years before they are eligible to apply for US citizenship, which costs $595 plus the fingerprinting fee. In other cases, such as when a foreigner plans to marry an American citizen, the wait time is not three years before they are eligible to apply for American citizenship.

The administration is not proposing an increase in the citizenship application fee even though a government study found the fee should be increased as much as $60 an application — to cover the full cost of processing those applications.

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

EB-5 Investor Green Card Benefits

EB-5 Investor Green Card Program is a fast track path to getting your U.S. green card within 18 months. It has the highest U.S. Immigration approval, more than the Tourist Visa, Student Visa, and Employment based green cards, and Marriage Visa. U.S. Congress designated 10,000 visas to individuals in the EB-5 Category and each year thousands go unused.  With a secure investment of $500,000 into a State certified project in the U.S. you and your family will be able to qualify for a U.S. green card with all the benefits of a resident.

You Can Live Anywhere in the U.S.

If you have always dreamt of living next to the beach in Hawaii or the coast of California, you can do so. If you prefer the lights and sounds of Las Vegas or New York, then the option is available. No matter where you want to live in the U.S., the EB-5 Green Card gives you the ability to choose where you can set up your business in a completely different state than where you live.

Travel to U.S. Hassle Free Anytime

The freedom to travel back home when you please. Once you have a Green Card in the U.S., you can return to your home country and then back to your new home anytime you wish. If you have an emergency in your home country or need to return to the U.S. immediately, just board a plane and leave without having to apply for a visa.

U.S. Education at Citizen Rates

Access to education at resident prices. As a lawful permanent resident of the U.S.  you can afford to get higher education while paying the same money citizens pay. The same can be said for family that moves here with you, which includes any children under age 21. If you have always wanted the best education for you and your children, you can have it now with the EB-5 Green Card.

Be An American Citizen in 5 years

Fast track to becoming a U.S. citizen. You might think you will never become an American citizen, but it is possible to obtain your U.S. citizenship 5 years after your Green Card is approved. You need an experienced immigration attorney to process the file smoothly, however, the INA clearly allows citizenship application if you meet all the requirements. Once you have your citizenship, you can never lose it and do not even have to travel back to the U.S. to maintain it.

Own A Business

Owning your own business. Many people will never have the satisfaction of working for themselves, but with one initial investment, you can achieve that dream.  The investment does not require you to be involved in daily operations if you apply at a Regional Center. You can be as involved in the business as you want, and you get to choose what you do with your time and money. This is a luxury many people in most countries do not have.

Secure Investment Earning Interest

Investment with a projected return on investment. By working with our EB-5 Investor Green Card Program, your investment money is secure and will earn interest higher than at a traditional U.S. bank.

High Immigration Approval Rate Than Any Other Visa

High U.S. immigration approval rate. In 2009, 85% of  EB-5 Investor Green Card petitions were approved by U.S. immigration. This is a much higher rate than student visas, tourist visas, and marriage visas.

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.

CTR and Associates K1 Fiance Visa Services

“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. ”

K1 Fiance Visa Overview

If your fiance is not a citizen of the United States and you plan to get married in the U.S., then you must file a K1 Visa petition with USCIS on behalf of your fiancé. After the petition is approved, your fiance must obtain a visa issued at a U.S. Embassy or U.S. Consulate abroad. The marriage must take place within 90 days after the 1st admission to the U.S.

If the green card marriage does NOT take place within 90 days or your loved one marries someone other than you (the U.S. citizen filing USCIS Form I-129F – Petition for Alien Fiancé), then he/she will be required to leave the United States. Until the marriage takes place, that person is considered a non-immigrant. A non-immigrant is a foreign national seeking to temporarily enter the United States for a specific purpose and may not obtain an extension of the 90-day original non-immigrant admission.

If your loved one intends to live and work permanently in the United States, you should apply for an adjustment of status for the green card after your marriage. Conditional permanent residency or conditional green cards, or otherwise referred to as the “two year green card” is granted when the marriage is less than two years old at the time of adjustment of status or time of the green card processing.

K1 Visa Step by Step Presentation

Below is a presentation that takes you through the K1 Fiance Visa application process step by step.

For more detailed information please contact us for a consultation.

Who is Eligible?

U.S. citizens who will be getting married to loved one in the United States may petition for a fiance(e)  K-1 Visa. Both of you must be free to marry. This means that you are legally able to marry and any previous marriages have ended through divorce, annulment or death. You must have met each other in person within the last two years before filing for the I-129F Form for a Fiancé(e) Visa. This requirement can be waived only if meeting in person would violate long-established customs, or meeting would create extreme hardship for you. You a must marry within 90 days after the initial entry into the U.S.

You may also apply to bring any dependents that your fiance(e) may have who are unmarried and under 21years of age.

After arriving in the United States, you will be eligible to apply for a work permit or employment authorization document for your loved ones. The applicant may be able to work while the green card is pending and in any profession without requiring a work permit.

K1 Fiance Visa and the In Person Meeting Requirement

The INA requires K1 fiance visa applicants to have physically met their US citizen petitioner in person before the USCIS will grant the I-129F. This is simply one factor used to prove the bona fide or sincerity of the relationship between the fiancee visa applicant and the US citizen petitioner.

This in person meeting mandate flies in the face of modern time and technology where couples meet on dating websites, online chats, and social network sites. With the advent of online dating, couples utilize video chat and instant chat, and Skype calls wherein it’s genuinely plausible that couples fall in love and have a bona fide relationship. Saying that though, virtual meetings do not meet the US law that mandates that the couple are in physical presence of each other at least 1 time.

US law does allow for extenuating circumstances where an in person meeting may be waived. This waiver is permitted when it is established that a meeting would be an extreme hardship for the US citizen petitioner, or it is not permitted due to cultural or religious traditions. As long as the religious belief is recognized, or the cultural tradition is sincere, then USCIS will waive the meeting requirement.

For the extreme hardship method, this is a waiver that the US petitioner submit indicating that visa denial based on meeting the fiancee in person mandate would place extreme hardship to the US citizen petitioner. Extreme hardship to the petitioner exists where the petitioner may have an extenuating medical disability or circumstances that warrants a waiver of the meeting in person requirement.

Oftentimes, couples have met and can fulfill the 1 in person meeting requirement, but whether it is sufficient to create a genuine and caring relationship with the visa applicant will depend on the couple’s unique sets of facts. For instance, the consular officers may scrutinize extensively whether a couple who spent 1 day together would be able to establish a bona fide relationship as oppose to 1 month. The 1 day visit may also contradict the traditional notion of a relationship where there’s sincerity and genuine care and affection if the couple commenced their relationship 1-2 months prior to filing the Fiance Visa Application. Nonetheless, a 1 month long visit may also be scrutinized if there are other red flag issues such as a wide age gap or multiple filings for the same applicant.

The US consular officers can glean from the meeting(s) and the evidence submitted whether it rise to the level of of creating a sincere and bona fide relationship.

K1 Visa Consulate Interview

Questions asked by the officer is generally geared at determining whether the couple has a sincere or bona fide relationship. In generally practice,

the interviewing officer will review the documents that the American petitioner submitted to USCIS in the I-129F form, and any additional evidence submitted by the visa applicant. The officer conducts a due diligence in that he/she reviews the information in the file and ask the visa applicant questions to ascertain the sincerity of the relationship. Interviewees may feel intimidated in this situation as one would be if sitting across a complete stranger who asks you personal questions regarding your relationship with your loved one. Nonetheless, the officers are trained to scrutinize the applicant for any legal inadmissibility issue and whether  the couple’s relationship is bona fide.

Any temptation to lie to the consular officers is pointless as they are trained to detect those deceptive techniques used to obtain a visa. The penalty for lying to a consular officer could result in an outright denial of the visa application and possibly a bar on entry to the US for years to come. Thus, honesty is the best policy when it comes to answering sensitive questions at the interview.

How Can I Appeal a Denied K1 Visa

Generally, you may appeal within 33 days of receiving the denial by mail.  The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC.

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