American K-3 Visas for Spouses from Laos
The following article is designed to merely act as something of a primer for those seeking information about the American K-3 visa process and provide elucidation regarding the possible reasoning behind the current policy of "administrative closing" of many K-3 visa applications.
The K-3 visa was originally designed as an expedited travel document for those awaiting the processing of their immigrant visa petition at the United States Citizenship and Immigration Service (USCIS) at a point in time when that agency had a significantly larger backlog of immigrant visa petitions compared to the current estimated processing times. Presently, K-3 visa petitions could receive adjudication after the adjudication of the underlying immigrant visa petition. In circumstances such as these there are those who might argue that the K-3 visa's utility is mitigated by the fact that there is no need for expedited processing 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 United States in K3 visa status would still need to apply for an adjustment of status resulting in further overall expenses in time, money, and effort.
Logic such as that described above may account, at least partially, for the American State Department's National Visa Center (NVC) dictating the policy that K-3 visa applications would be "administratively closed" when approved K-3 petitions arrive at NVC at the same time, or before, the approved immigrant visa petition. This policy has probably resulted in some Laotian-American bi-national couples being forced 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 immigration benefits. It is interesting to point out that the Laotian husband or wife of a United States Citizen entering the USA pursuant to approval of both an Immigrant visa petition and application will be accorded either Conditional or Unconditional Lawful Permanent Residence in the United States of America upon lawful admission at an U.S. Port of Entry.
Those thinking of seeking visa benefits for a Laotian loved one ought to do research in order to learn about immigration options in an effort to make an informed decision about submitting a petition for American immigration benefits. It should be pointed out that it is also wise to ask for the license of those claiming expertise in matters pertaining to United States Immigration law as licensed attorneys from the USA are permitted to represent clients before the Department of Homeland Security as well as the Department of State during 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.
About the Author
Ben Hart is an attorney from the USA, the Managing Director of Integrity Legal (Thailand) Co. Ltd., and the International Director of White & Hart Ltd. Contact information: 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. See them online at:
K3 Visa Laos
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K1 Visa Laos
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