| |
|
Article Directory :: Legal Articles
The thought of a visa denial is very distressing for many bi-national couples. The following article will briefly discuss visa denials generally and provide information about forestalling a denial.
The US visa process for the spouse or fiancee of a United States Citizen is somewhat byzantine as there are multiple departments and agencies that adjudicate different aspects of visa petitions and applications. Even after a visa is issued, the alien fiancee or spouse must still pass through a Customs and Border Protection inspection at a port of entry in the United States of America.
The United States Citizenship and Immigration Service (USCIS) is the initial adjudicator of nearly all family based visa petitions. USCIS will evaluate a couple's documentation as well as their factual situation in order to determine if they meet the general legal requirements. USCIS also takes measures in order to ensure that the petitioner is eligible to petition for the benefits being sought. During USCIS's adjudication, measures will also be taken in order to ensure that the petition is in compliance with the Adam Walsh Child Protection Act as well as the International Marriage Broker Regulation Act. In many cases, a successful USCIS adjudication will depend upon the evidence presented to the adjudicating officer.
In most family based cases the next phase of the process involves the National Visa Center (NVC). This phase could be problematic for those couples seeking a K3 marriage visa as recent NVC protocols call for the "administrative closure" of certain K3 visa applications. Although this is not technically a denial, it has the same effect as the application will be closed. Fortunately, a married couple may still pursue immigrant visa benefits.
In most family based cases, the final phase of the process occurs at the United States Embassy or Consulate with jurisdiction over the foreign fiancee or spouse. In Thailand, the Consular Section of the US Embassy in Bangkok adjudicates nearly all family based immigrant visa applications for Thai nationals. Consular Officers will adjudicate the merits of the visa application and determine if the prospective Beneficiary is admissible to the United States. In a K-1 visa case, the adjudicating officer will likely scrutinize the bona fides of the relationship as well as the applicant's subjective intent to marry in the USA. That being said, the bona fides of a marriage visa application are scrutinized as well, but authenticity issues can be particularly acute in fiancee visa applications.
After a visa interview, it is possible that the application will be rejected outright although this is relatively uncommon. More common is the issuance of a 221(g) refusal which is essentially a request for further documentation. In most cases, when the documentary insufficiency is overcome the visa will be issued.
Benjamin Hart is an attorney from the United States. He currently acts as Managing Director of Integrity Legal (Thailand) Co. Ltd. Contact Integrity Legal at 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. See Integrity Legal on the web at: US Visa Denial Thailand or K1 visa.
 EasyPublish™ this article - publishers click here
More articles by Ben Hart
|
Free Report!
Ten Essential Secrets Of Article Marketing ... Grab Your Free
Copy Now:
Need Content?
Regular Top Quality Content for your Blog, Ezine or Website ...
Delivered Direct,
For Free!
Click For Details
Arts & Entertainment
Automotive
Business - General
Computers & Technology
Finance & Investment
Food & Drink
Health & Fitness
Home & Family
Internet Marketing/Online Business
Legal
Pets & Animals
Politics & Government
Reference & Education
Religion & Faith
Self-Improvement/Motivation
Social
Sports & Recreation
Travel & Leisure
Writing & Speaking
|
More legal articles: - Why Should I have A Partnership Agreement? (Paul Howe)
Are There Any Benefits To Having A Partnership Agreement? And What Should Be Included In It? - Negligent Bone Fracture Repair (Julie Glynn)
If there is a delay, the bone will either fail to knit back together, or will fuse in the wrong position, thereby protracting a patient's symptoms. - Whiplash Claims and Untraced Drivers (Paul Howe)
Can You Make A Whiplash Claim Against An Uninsured Driver? - Basic Qualifications Of A Personal Injury Lawsuit (Reil Miller)
It is very unfortunate that there are certain occurrences that can change a person's life forever. Accidents or any wrongful incidents can have life altering consequences that can affect the victim's life. For this reason, the victim will need to seek compensation for the injuries, losses, and property damages that they have incurred due to the incident. - The Importance Of A Petty Theft Defense Attorney (Jeff Schuman)
If you have been charged with petty theft you might be very worried about the type of consequences you may be facing. One of the best ways that you can do for your case is contact an attorney early and this can help you to move through your court case faster. - Worrying About Drunken Driving, Approach The DUI Defense Attorneys! (Kathy Jenkins)
Have you ever been arrested for drunken driving? Do you know the consequences of having being caught in this crime? - International Commercial Arbitration (Robert Neron)
Without a dispute, there is no arbitration. In the legal sense, arbitration is one of the techniques used in dispute resolution where cases are decided upon outside of the court. Compared to a regular court case where a judge or jury decides the case, the arbitral tribunal reviews the dispute and issues the decision. - Lawyers And Judgments (Mark Shapiro)
When you decide to suddenly "fire" a contingency attorney, you may have to pay them a bunch of money due to Quantum Merit (sometimes named Meruit) clauses in contracts. Quantum Merit clauses are inside their retainer contracts of most contingency recovery attorneys, where they are paid for whatever work they performed, when you quickly fire them. - Canada: A Prime Site to Arbitrate International Commercial Disputes (Robert Neron)
When looking for a location for arbitration for international commercial disputes, one of the major criteria should be a location that conveys a feeling of impartiality amongst all the parties involved. This should facilitate the agreement to engage in the process by mitigating this roadblock. - International Oil and Gas Arbitration (Robert Neron)
Arbitration, especially when it involves parties that come from around the world, has become increasingly popular the past decade. In the years 2000 through 2008, reports showed that international arbitrations administered by the ICC have increased by as much as 22.5% and those administered by the Singapore International Arbitration Centre by 73%.
We Automatically Distribute Articles
To Thousands Of Publishers And Web Sites:
Submit Article
All content is viewed and used by you at your own risk and we do not warrant the accuracy or reliability of any of the information. The views expressed are those of the individual contributing authors and not necessarily those of this web site, or its owner, Takanomi Limited.
|
|
