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K3 Visas: Laos

By Ben Hart

Republish: EasyPublish™ Published: 28Nov2010 Word count: 434 Viewed: 225 time(s) Get Free Content For Your Site

The forthcoming article is intended to merely act as a sort of primer for those interested in the United States K-3 visa process and provide insight into the reasons for the current policy of "administrative closure" in many K-3 visa applications.

The K-3 visa was initially created as an expedited travel document for those waiting to process their immigrant visa petition at the United States Citizenship and Immigration Service (USCIS) at a time when that agency had a substantially longer backlog of immigrant visa petitions compared to the current estimated and actual processing times. Currently, K-3 visa petitions sometimes receive adjudication after the adjudication of the underlying immigrant visa petition. In situations such as these there are some who contend that the K-3 visa's utility is negated by the fact that there is no need for expediting due to USCIS's backlog and the immigration benefits conferred by K-3 status do not include lawful permanent residence and therefore one entering the USA in K-3 status would still be required to file for an adjustment of status resulting in further overall expenses in time, money, and resources.

Reasoning such as that described above may account, at least in part, for the US State Department's National Visa Center (NVC) promulgating the policy that K-3 visa applications would be "administratively closed" when approved K-3 petitions arrive at the same time as, or before, the approved underlying immigrant visa petition. This policy has likely lead to some Laotian-American bi-national couples being compelled to seek immigrant visa benefits rather than non-immigrant K-3 or K-4 benefits thereby necessitating the submission of an application for IR-1 or CR-1 visa benefits. It is interesting to note that the Lao spouse of an American Citizen entering the United States pursuant to approval of an Immigrant visa petition and application will be granted either Conditional or Unconditional Lawful Permanent Residence in the United States of America upon lawful admission at an American Port of Entry.

Those interested in seeking visa benefits for a Laotian loved one should conduct research to learn about immigration options in an effort to make an informed decision about submitting a petition for immigration benefits. It should be noted that it is also prudent to ask for the credentials of those claiming expertise in matters pertaining to United States Immigration law as American licensed attorneys are entitled to represent clients before the Department of Homeland Security and the Department of State throughout the US visa process. Whereas those without licensure as an American attorney are not entitled to practice US Immigration law pursuant to U.S. Federal statute.

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