Legal Services & Resources
Up to date legal information pertaining to Thai, American, & International Law.
Contact us: +66 2-266 3698
Change to Adjustment Policy Could Impact K-1 Visa Seekers?
Transcripts of the above video:
A tip of the hat to Mr. Jim Hacking, another Attorney. And I know this seems kind of strange, but I am a believer in some levels of professional courtesy, especially with true professionals. Mr. Hacking is over in the US. I watch him from a distance; occasionally I'll see his stuff on YouTube because our sort of channels kind of overlap if you will thematically in the algorithm, so I see him, but he's domestic, he's in the States. We are over here. I do primarily like Consular Processing although we do deal with DHS and deal with USCIS.
In any event, he threw up a short - I'll put a link in the description below if you want to watch it - where he's talking about look folks that are over Stateside that are going through proceedings, so this pertains to K-1 Visa holders, fiancé(e)s okay. If you are Stateside now under the current Administration, you need to be very assiduous about making sure that you get your adjustment filed before you fall out of status. I saw this policy start to happen at the very tail end of the last Trump deal and like the thing we talked about recently with the Uyghurs, there's this remnant stuff that we forget from the old Administration that are just sort of reactivated now, and it's like "oh okay, yeah we are still doing that". Well this was starting to happen in Trump Term 1, I remember it, and Mr. Hacking brings it up again that look they are starting to say "Hey you fell out of status; you are a day late in getting your adjustment filing in; we are going to try to say we are going to put you in deportation proceedings. Now a day late, if you can show that you mailed it off, you have got postmarks and stuff, that is a different story. They are not, they may try, but you can try to rebut that. I am talking about though in reality and somebody that just forgot and they are a week or two later or whatever, you can fall over into a situation now where you end up in deportation proceedings.
So, this is very, very pertinent to folks who come into the United States on a K-1 Fiancé Visa because in order to maintain long-term status i.e. Green Card status or Lawful Permanent Residence, you have to adjust status in the United States. Well if you fail to file within the 90-day like allotment of lawful status associated with the K-1 Fiancé(e) Visa, if you fail to get it filed within that deadline where there is overlap, clear lawful status, filing is clearly filed, and then okay you are under proceedings for matters pertaining to your adjustment, you could end up in a situation where you are in proceedings for deportation and then you are dealing with an Attorney like Mr. Hacking in the United States to deal with that deportation stuff. That can be a real problem, so something to think about for those who are taking fiancé(e)s from Thailand back to United to the United States.