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

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.

EB-5 Investor Green Card Program

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.

If you are a foreign investor from any country looking to enter the U.S. as a lawful permanent resident, then the EB5 investor Green Card Program is the way to go. High net worth individuals are able to make an investment which creates 10 jobs and obtain their Green Cards as fast as one who marries a U.S. citizen. Other relative petitions take 5-15 years and employment based Green Cards 3-8 years.

Consider the following advantages this program has over other visa programs. The EB-5 Investor Green Card process takes approximately 18 months before you have your Green Card, and qualifying family members are approved at the same time. Here are the five top reasons the EB-5 Investor Green Card Program is ideal for foreign investors.

• Live and work anywhere in the U.S. that you choose
• Work or conduct any type of legitimate business in the U.S. that you choose
• Your children can attend school as a U.S. premanent resident and with lower tuition
• You can travel in and out of the U.S. as many times as you wih
• You can apply for U.S. Citizenship within five (5) years of getting your EB-5 Investor Green Card.

To learn more about this, please contact us or click here.

Who Qualifies for an EB-5 Investor Green Card?

There are no limits as to who can qualify for an EB-5 Investor Green Card as long as they can meet the three requirements. Some examples are student visa holders who want to get a green card without having to marry, retirees who want to be able to live and receive some benefits in the U.S., entrepreneurs who do not qualify for E visas, and families with young children who want the benefits of a U.S. school system.

To learn more about this, please contact us or click here.

Our Full Service EB-5 Investor Green Card Program

For one fee, we will provide you with experienced, professional law office to prepare and submit all necessary papers to the U.S. Immigration and the U.S. Consulate. We have American attorneys on the ground at the U.S. Consulate to assist you with your case, assistance and consultation for the U.S. Consulate interview. All translation and notary services in your country and in the U.S. Setting up all business documents, bank accounts, tax identification numbers. Upon arrival to the U.S., we will provide you with airport pick up, assistance with housing (purchase or rental), consultations for school for children, drivers’ license and identification applications. Additionally, we can provide assistance in applying for social security numbers, and insurance.

The EB-5 Green Card law firm of CTR & Associates Ltd. is available to help you pursue your goal of becoming a U.S. permanent resident through an EB-5 Investor Green Card Program.

There are two EB-5 programs, the Regular Program and the Regional Center Program, and CTR & Associates offer legal assistance with both.

To find out more about the services we provide, please contact us or click here.

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.

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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