Immigrant Visa Application Updates

Thứ Tư, 12 Tháng Mười Hai 201200:00(Xem: 25878)
Immigrant Visa Application Updates
As of 01 November, all immigrant visa and Fiancé(e) visa applicants arerequired to present a Justice Record Check #2 (also known as Police Certificate #2) instead of Justice Record Check #1 as part of the immigrant visa application. Justice Record Check #2 will remain valid for one year for each visa applicant, 16 years or older.

Requests for a "Justice of Record Check #2" (“Phieu Ly Lich Tu Phap So 2") must be made at the Department of Justice office located in the district where the applicant currently resides, or at the applicant's official residence. The official residence is registered in the "household registry" (Ho Khau) issued by the district police.

The processing fee to request this document is 200.000VND per applicant, and the record check takes approximately 10 working days to complete for residents of in the area of Ho Chi Minh City.

Our office in Saigon assists clients in preparing the LLTP#2, but the law requires that the applicants themselves request the "Justice Record Check". No one can do this on behalf of the applicant.

The applicant should be prepared to present (2) sets of the following documents at the time of the request:
 
· Completed application form (Form 03/TT-LLTP.) ;
· Applicant's National Identification Card or passport;
· Proof of residence location and length of time the applicant has resided in Vietnam, such as the household registry book (Ho Khau), the temporary residence registry book, the permanent residence card or a residence certification from the local People's Committee.

Complete details about the Justice Record Check are available athttp://www.sotuphap.hochiminhcity.gov.vn.
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Recently, some listeners asked if there were any types of applicants are not eligible to receive visas and therefore not eligible to enter the US. 

A visa applicant may be inadmissible for health related reasons, such as having a communicable disease or a dangerous mental disorder. Also, drug abusers or addicts are inadmissible.
With regard to criminal reasons for inadmissibility, there is a very long list of crimes that would prevent someone from getting a visa. Briefly, an alien who has been convicted of a crime involving “moral turpitude” or violation of any law relating to a controlled substance is inadmissible. However, if the crime involved imprisonment of less than six months, the applicant may be eligible for a visa.

What is a crime of “moral turpitude” ? It is any crime which everyone agrees is an evil act, such as murder, rape, arson, fraud and robbery.
Waivers may be available for certain crimes if they were committed more than 15 years before the applicant’s application for a visa. Waivers may also be available for certain crimes if the applicant is the spouse, parent, son, or daughter of a citizen of the United States or a permanent resident, and if it can be established that the alien’s denial of admission would result in extreme hardship to the United States citizen or permanent resident spouse, parent, son, or daughter.

An alien who spent more than five years in prison as a result of committing one or more crimes is inadmissible.
Controlled substance traffickers, people engaged in prostitution and commercialized vice, human traffickers, and those guilty of persecution are always inadmissible.

Those guilty of money laundering, and anyone who is, or has been, a member of the Communist party is inadmissible. And, as we all know, a person who is a potential Public charge is not admissible.

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Q.1. What if the visa interview is scheduled more than one year after the LLTP#2 has been issued?
A.1. The LLTP#2 must be renewed after one year because it must be current at time of interview.
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Q.2. Is it possible to get a waiver for a communicable disease?
A.2. In general, any communicable disease such as TB must be treated and cured before the applicant can be approved for a visa.

 
ROBERT MULLINS INTERNATIONAL www.rmiodp.com 
Immigration Support Services - Tham Van Di Tru

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