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ResourcesVisa & Immigration LawUS Immigration LawK-1, K-3, CR-1, & IR-1 Visas: Consular Jurisdiction for Applications?

K-1, K-3, CR-1, & IR-1 Visas: Consular Jurisdiction for Applications?

Transcript of the above video:

As the title of this video suggests, we are discussing K-1, K-3, CR-1 and IR-1 Visas yet again, generally the Visas we tend to handle the most here in this office. And we're talking about Consular Jurisdiction. What are we talking about here? 

Well there are two phases to the overall US Immigration process as it currently stands. First you have to deal with Department of Homeland Security through the United States Citizenship and Immigration Service, then the case - presuming approval - will be sent through the National Visa Center and then depending on the category of the Visa, so for example K-1s are generally forwarded straight through as are in theory K-3's unless they are subject to what's called Administrative Closure and I urge those who don't know what that is, who are interested in the K-3, go to the search function on our channel and just type in ‘Administrative Closure’ and you will see multiple videos I've made over the years regarding Administrative Closures, basically when a K-3 is closed because it's deemed to be unnecessary. 

Setting that aside, if you're dealing with the NVC in the context of a CR-1 or IR-1 Visa, we are talking about far more complex process than it is with the K categories. That said, now we are over dealing with the Embassy after dealing with National Visa Center and a question posed is "what about Consular jurisdiction? What are we talking about here?" Well look, if you're a third country national, for example if you are a Lao national or a Burmese national in Thailand, it is not a foregone conclusion that the Embassy here in Bangkok will take that case. You have to be deemed to be residing within the Consular Jurisdiction in order for them to be sort of for lack of a better term, for them to be sort of compelled to go ahead and process your case. I do apologize, I am sort of sweating here; it's quite hot in our studios today.

That being said, to end this off, yeah at the end of the day you need to be able to show that you are resident, normally resident if you will, within the Consular Jurisdiction. What's the Consular Jurisdiction? It's the country in which the Embassy is located. So for example, if you're not from Thailand, it's not a foregone conclusion that you can process through Thailand. Now different Embassies have different rules regarding what is deemed to be within their Consular Jurisdiction and the criteria associated with attaching a case within a Consular Jurisdiction. 

Those who are sort of overwhelmed by this or don't understand, it's probably not a bad idea to contact a legal professional, gain some insight and guidance into how best to proceed.