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ResourcesVisa & Immigration LawVisa NewsK-3 Visa Thailand: Injunction Against New "Public Charge" Rules

K-3 Visa Thailand: Injunction Against New "Public Charge" Rules

Transcript of the above video:

As the title of this video suggests, we are discussing K-3 Visas again and specifically we are discussing them in the context of a recent injunction that has put on hold regulations pertaining to financial sponsorship criteria associated with those who are sponsoring an immigrant or non-immigrant into the United States in a family visa context. So we are talking in this case about for example an American citizen who has a spouse abroad and are looking to sponsor them for travel to the United States. There were criteria to be placed on those folks that were being basically raised. That criteria was getting more difficult. It was a heightened threshold of financial requirements that was being instituted by the current Administration. Those financial requirements have been put on hold. An injunction or I should say multiple injunctions have been issued by multiple Federal Courts in the United States. One specifically that I was reading just a moment ago, basically stipulated that the new financial obligations are on hold and even if the injunction is overturned, that overturning will not operate retroactively but it will in fact operate only from the point that it is overturned. So how exactly that will play out remains to be seen. I think it is relatively safe to say this is on hold and I don't think we are going to see if an injunction is even overturned ultimately on it, we will see this retroactively enforced back to the date that it was actually implemented. That stated, that remains to be seen.  

Another good question is where does this leave cases that are processing abroad? Specifically due to the discretion that is accorded to Consular Officers overseas in Embassies and Consulates like the US Embassy here in Bangkok, Thailand and specifically that is pursuant to the fact-finding discretion and the doctrine of what is called Consular Reviewability or Consular Absolutism. It is really an interesting question as to exactly how those folks are going to be dealing with this in light of the fact that we have had a rule come on line. That rule was enjoined; there has been an injunction against it. Where does that sort of leave things? Interesting question. I think ultimately though as long as the injunction is holding I think pretty much everyone is just going to keep using the same regulations as before.

A good thing for one to keep in the back of their mind is these regulations could come online at some point. An appellate court could overturn a lower-court and result in this becoming an issue again or ultimately it could go all the way up to the top, to the Supreme Court and be overturned totally or not overturned.  This injunction could be upheld. It really does remain to be seen exactly how this is going to be. We will keep you updated on this channel as things progress.