Integrity Legal

Virtually every United States Embassy or Consulate will close in recognition of United States Federal Holidays. Most will also close in recognition of local holidays or customs. The United States Embassy in Vietnam is no different. Below, please find the 2010 holiday closing schedule for the US Embassy located in Hanoi:

The above notation of “A” and “V” denotes the type of holiday. “A” stands for American, while “V” stands for Vietnamese.

In Vietnam, the bulk of United States visa and immigration matters are handled at the US Consulate in Ho Chi Minh City. This situation is the opposite of the internal mechanics of the posts in Thailand as the US Embassy in Bangkok handles nearly all Immigrant visa petitions while the US Consulate in Chiang Mai deals with Non-Immigrant visa applications for visas such as the US Tourist Visa, the J1 visa, and the F1 visa.  That being said, the holiday closing schedule of the US Consulate in Ho Chi Minh City (HCMC) is identical to the schedule of the US Embassy in Hanoi. Therefore, those interested in that post’s closing schedule should look to the information above.

For those in a legitimate emergency, it may be possible to contact the Embassy during a holiday. That being said, this is contacting Embassy staff may be difficult as most Embassy and Consulate personnel use holidays to take much needed time off. Therefore, those with an impending issue would be wise to take care of it before a holiday as it is unlikely that the Embassy will make special accommodations.

For those who need passports, notary services, Consular Reports of Birth Abroad, or visa pages it would be wise to contact the American Citizen Services Section of the local US Embassy or US Consulate.

For those interested in learning more about the US Embassy in Hanoi please click here. For those who wish to learn maore about the US Consulate in HCMC please click here. Finally, for those interested in US visas from Southeast Asia please see K-1 visa, CR-1 visa, or K-3 visa.

Tags: American Citizen Services, CR-1 Visa, CR1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K3 Visa, US Consulate HCMC, US Consulate Ho Chi Minh City, US Embassy Hanoi, US Embassy Vietnam, US Tourist Visa, US Visa Hanoi, US Visa HCMC, US Visa Southeast Asia, US Visa Vietnam
Posted in K1 Visa, K3 Visa, US Consulate HCMC, US Embassy Hanoi, US Embassy Vietnam, US Tourist Visa, US Visa and Immigration | 29 Comments »

Each United States Diplomatic post observes different holidays. The holiday closing schedule depends upon the host country as each post closes in observance of not only United States Federal holidays, but the host country’s national holidays as well. This is true for Malaysia as the US Embassy in Kuala Lumpur observes both US and Malaysian holidays. Below is the 2010 holiday closing schedule:

This holiday closing schedule is subject to change and those who are planning to make a trip to the US Embassy in KL would probably be wise to check to make sure that the post will be open before making a trip to the post. In emergencies most US Embassies have a contact number that can be used to get in touch with the post. For example, a person ho loses their passport over a holiday weekend may be able to contact the Embassy and obtain a passport from the American Citizen Services Section of the Embassy. That being said, holidays at US diplomatic and Consular posts abroad are often used by Embassy personnel to take leave. This could result in delays in the days leading up to holidays and immediately thereafter. Those with business at an Embassy or Consulate would be wise to make certain that their affairs are conducted before a holiday break. For more information about the holiday closing schedule at the US Embassy in Kuala Lumpur please click: here.

For further information about US visas please see: K1 visa or K3 visa.

Tags: American Citizen Services, K-1 Visa, K-3 Visa, K-3 visa process, K1 Visa, K3 Visa, US Embassy KL, US Embassy Kuala Lumpur, US Embassy Malaysia, US Visa, US Visa Malaysia
Posted in K1 Visa, K3 Visa, US Embassy Kuala Lumpur, US Embassy Malaysia, US Visa and Immigration | No Comments »

Every United States Diplomatic post observes United States Federal Holidays. At the same time, most posts also observe the national holidays of the host country where they are located. The United States Embassy in Cambodia is located in the capital city of Phnom Phen. In the year 2010, the US Embassy will be closed on the following dates in observance of either American or Khmer holidays:

Jan 1 Fri International New Year’s Day U.S.

Jan 18 Mon Birthday of Martin Luther King, Jr. U.S.

Feb 15 Mon George Washington’s Birthday U.S.

Mar 8 Mon International Women’s Day Khmer

Apr 14 Wed Khmer New Year’s Day Khmer

Apr 15 Thu Khmer New Year’s Day Khmer

Apr 16 Fri Khmer New Year’s Day Khmer

May 14 Fri King Sihamoni’s Birthday Khmer

May 31 Mon Memorial Day U.S.

Jun 18 Fri King Mother’s Birthday Khmer

Jul 5 Mon Independence Day U.S.

Sep 6 Mon Labor Day U.S.

Oct 8 Fri Pchum Ben Day Khmer

Oct 11 Mon Columbus Day U.S.

Nov 1 Mon King Father’s Birthday Khmer

Nov 9 Tue Independence Day Khmer

Nov 11 Thu Veterans Day U.S.

Nov 22 Mon Water Festival Khmer

Nov 25 Thu Thanksgiving Day U.S.

Dec 24 Fri Christmas U.S.

Dec 31 Fri International New Year’s Day U.S.

We post these dates as a courtesy to those American expats and travelers in Southeast Asia. For many, traveling to the US Embassy in a foreign country can be a major undertaking. This is why it is wise to check the holiday closing schedule before making such a trip as one can forestall a situation in which going to Embassy ultimately proves to be an effort in futility.

For those who are in an emergency situation it may be possible to contact the Embassy directly for assistance. That being said, many US State Department personnel working at the US Embassies and Consulates abroad use these scheduled holidays as an opportunity to take much needed leave time to return to the United States. Therefore, unless a matter is truly pressing, it is probably best to await normal business hours to contact or travel to the Embassy.

For Americans living or traveling abroad in need of Passports, visa pages, or notarizations it would probably be best to contact the American Citizen Services section of the nearest Consulate or Embassy in order to deal with such matters. For those interested in more information about holidays observed by the US Embassy in Cambodia, or simply to learn more about the post in general, please click here.

For those interested in further information about United States Immigration from Southeast Asia please see K3 visa, K1 visa, or CR1 Visa.

Tags: American Citizen Services, CR-1 Visa, CR1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K3 Visa, US Embassy Cambodia, US Embassy Pnom Phen
Posted in K1 Visa, K3 Visa, US Embassy Cambodia, US Embassy Phnom Phen, US Visa and Immigration | No Comments »

In recent weeks there has been some speculation about new regulations with regard to Thai work permits. In February of 2010, the Ministry of Labour regulations regarding work permits are to be updated. These updated rules will likely result in more stringent measures with regard to foreign labor in Thailand. Recently, there has been some talk about liberalizing certain sections of the Foreign Business Act (FBA). This Act restricts the type of activities that foreign nationals are allowed to engage in while present in the Kingdom of Thailand.

Under the provisions of the FBA, there are three lists of restricted activities. List 1 is the most restricted and is unlikely to be liberalized anytime in the near future. List 2 is also unlikely to be opened up to foreign participation anytime soon, but this is more likely to happen when compared to list 1. Finally, list 3 lists those activities that are the most likely to be opened up to foreign competition. There have been those in the current government floating the idea of liberalizing list 3, but the upshot of this would be more stringent enforcement of current work permit rules.

This leads us to the point of this post: what will happen to those certified under the US-Thai Amity Treaty? Under the provisions of this Treaty, American Citizens are accorded certain privileges when it comes to operating a business in the Kingdom of Thailand. In most cases, changes to the Foreign Business Act have little impact upon those operating under the Treaty as Treaty companies are accorded “national treatment.” This means that once a company has an Amity Treaty Certificate they are viewed, in the eyes of Thai law, as a Thai company. However, work permit regulations are applied to Thai companies in the same way that they would be applied to foreign companies. Therefore, those operating under a Treaty Certificate must still adhere to relevant Ministry of Labour regulations. Consequently, although the work permit regulations will not effect an Amity Treaty Company per se, they have a collateral impact upon any foreigners working in said company as the provisions of the Treaty only apply to the juristic entity and not to any of the foreign nationals working for that entity.

At this time, the US-Thai Treaty of Amity is still the law of the land in both the Kingdom of Thailand and the United States of America. There are certain benefits enjoyed by nationals of both countries as Americans are entitled to Treaty of Amity protection when conducting most types of business in Thailand while Thais are granted Treaty Trader visas should they meet the requisite qualifications pursuant to the relevant provisions of the Treaty.

Tags: Amity Treaty, Thai Company, Thai work permits, Thailand company, Thailand Work Permit, US-Thai Amity Treaty, US-Thai Treaty of Amity
Posted in Amity Treaty, Thailand Business, Thailand company, Upcoming Legislation | No Comments »

The US Embassy in Bangkok, Thailand is open throughout the year and keeps regular business hours from Monday to Friday of each week. The different Sections of the Embassy have differing operating hours which mostly depends upon each section’s internal administrative needs. However, many expats and tourists in Thailand are unaware that the Embassy is closed in observance of both Thai and American holidays. This can cause frustration as some people  go to the Embassy under the mistaken belief that it is open when in fact it is closed in observance of either a United States Federal Holiday or an official Holiday in the Kingdom of Thailand.

In 2009, this author went to the US Embassy thinking it would be open only to find it closed in observance of Veteran’s day. The author should have checked the closing schedule before going, but this is an example of how the more obscure holidays (both US and Thai) can be overlooked by those traveling to the Embassy. Therefore, in an effort to forestall others making this same mistake, particularly those who must travel a long way to get to the Embassy, we have provided the 2010 list of holiday closures at the American Embassy in Bangkok.

In order to provide up to date information for those who wish to go to the Embassy, the following is a list of the holiday observances in 2010. On these dates, the US Embassy in Bangkok and the US Consulate in Chiang Mai will be closed.

January 1 Friday New Year’s Day

January 18 Monday Martin Luther King, Jr.’s Birthday

February 15 Monday Presidents’ Day

April 6 Tuesday King Rama I Memorial and Chakri Day

April 13 Tuesday Songkran Day

April 14 Wednesday Songkran Day

April 15 Thursday Songkran Day

May 5 Wednesday Coronation Day

May 28 Friday Visakha Bucha Day

May 31 Monday Memorial Day

July 5 Monday Substitute for Independence Day

August 12 Thursday Her Majesty The Queen’s Birthday

September 6 Monday Labor Day

October 11 Monday Columbus Day

October 25 Monday Substitute for Chulalongkorn Day

November 11 Thursday Veterans Day

November 25 Thursday Thanksgiving Day

December 6 Monday Substitute for His Majesty the King’s Birthday

December 10 Friday Constitution Day

December 24 Friday Substitute for Christmas Day

December 31 Friday Substitute for New Year’s Day

As stated previously, on the above dates the Embassy will be closed, this includes the American Citizen Services Section of both the Embassy in Bangkok and the Consulate in Chiang Mai. This could lead to difficulties for those in emergency situations who need a passport. The United States Embassy provides Emergency contact information for those needing assistance while the Embassy is closed. Follow this url to the US Embassy website for more information about contacting the Embassy during holiday closing times: http://bangkok.usembassy.gov/holidays.html.

For those interested in more information about obtaining a US visa for a Thai loved one please see K1 visa or K3 visa.

Tags: American Citizen Services, American Citizen Services Bangkok, American Citizen Services Thailand, K1 Visa Thailand, K3 Visa Thailand, US Consulate Chiang Mai, US Consulate General Chiang Mai, us embassy bangkok, US Embassy Chiang Mai, us embassy thailand, US Visa Thailand
Posted in K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

Virtually all American news media outlets are reporting on the devastation and destruction brought on by the Earthquake in Haiti. We at Integrity Legal would like to take this opportunity to extend our heartfelt sympathies to all of those who have been adversely impacted by this tragedy. For those of Haitian descent or nationality currently living in the United States, the Earthquake has also had an impact upon Department of Homeland Security (DHS) policy. In a recent press release, the Deputy United States Press Secretary Matt Chandler made the following statement:

“Department of Homeland Security Secretary Janet Napolitano and U.S. Immigration and Customs Enforcement Assistant Secretary John Morton today halted all removals to Haiti for the time being in response to the devastation caused by yesterday’s earthquake. ICE continues to closely monitor the situation.”

We at Integrity Legal would like to let the United States Department of Homeland Security as well as Secretary Napolitano know that we appreciate their compassion in this matter as the situation places that agency in a difficult position.

When an alien in the United States is removed, they are generally sent back to their country of origin. In the case of Haitians they are sent back to Haiti, but sending a deportee back to Haiti under the current circumstance would, at the very least, be considered by most to be a rather callous initiative. By suspending removals, DHS has shown that they can respond to a difficult situation in a decisive and compassionate manner.

Removal from the United States can occur as a result of deportation proceedings in United States Immigration Court or expedited removal can occur at a United States port of entry after the finding by a Customs and Border Protection Officer that the prospective entrant should be removed from the United States.

Depending upon the method of removal, the alien will be inadmissible to the United States for a statutorily prescribed period of time. However, there may be a remedy to the issue of inadmissibility either through use of an I-601 waiver or an I-212 application for advance permission to reenter the United States.  Those who have previously been removed from the US may face even stiffer penalties for trying to reenter after removal if they do not seek a waiver or advance permission to reenter.

For those who have been previously removed from the United States and wish to seek reentry, it would probably be wise to contact a licensed US Immigration lawyer in order to obtain advice about how best to proceed in attempting to obtain US Immigration benefits.

Tags: Department of Homeland Security, DHS, Haiti Earthquake, I-212, I-212 application, I-601, I-601 Waiver, I212, I601, I601 Waiver, Secretary Napolitano, US Immigration, US Immigration Lawyer, US Immigration Lawyer Thailand
Posted in Upcoming Legislation, US Visa and Immigration, Visa Waiver | 1 Comment »

Thailand visa issues seem to be one of the most popular topics discussed on this blog. This may be due to the fact that many people who travel to the Kingdom of Thailand find that they would prefer to remain for a long period of time. Unfortunately, obtaining a Thai long term visa seems to be getting more and more difficult as visa regulations become increasingly complex and cumbersome. That being said, there is one rule that can have a major impact upon one’s chances of obtaining a Thai visa. This rule deals with foreign passport validity.

In many cases, Thai Consular Officers working at Consulates and Embassies overseas are hesitant to provide long term visas to Thailand if the applicant’s underlying passport is not valid for the entire duration of the visa. This being said, there is a bright line rule at most Consulates: the applicant must have at least 6 months of validity left on their passport in order for any visa to be issued. However, as a practical matter Consular Officers have a great deal of discretion regarding visa issuance and short term passport validity is frowned upon. This negative attitude could translate into a Thai visa application’s denial if the officer is uncomfortable issuing a visa to the applicant based upon the totality of the circumstances.

For those interested in obtaining a Thailand visa it is wise to have a passport that is valid for at least one year. Further, some posts prefer machine readable passports as they provide an extra level of security and act as a means of preventing visa fraud because it is more difficult to forge a machine readable travel document.

As with US Consulates and Embassies, each Thai Consulate or Thai Embassy has a slightly unique procedure for processing visa applications and as a result the above information should be checked against the post policies and guidelines at the time of application. As a general rule, a Thai visa applicant would be wise to present a well-founded application along with a machine readable passport valid for more than six months, but preferably more than one year.

For Americans seeking a new passport in Thailand please contact the American Citizen Services Section of the US Embassy Bangkok as this office is primarily responsible for passport issuance to those resident in Thailand. For those living in Northern Thailand the US Consulate Chiang Mai can also assist with passport procurement for American Citizens.

Tags: 1 year Thai visa, 1 year Thailand visa, Long Term Thai Visa, Long Term Thailand Visa, passport, Thai Consulate, Thai Embassy, Thai Visa, Thailand Long Stay Visa, Thailand Long Term Visa, Thailand Visa, US Consulate Chiang Mai, us emabssy bangkok
Posted in Thai Embassy Kuala Lumpur, Thailand Embassy, Thailand Embassy Myanmar, Thailand Embassy Singapore, Thailand Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand | 2 Comments »

In a recent posting on the American Immigration Lawyers Association website the author noticed a revised list of the vaccinations that are required for those seeking Immigration benefits for the United States. Below is a direct quote from the AILA publication:

Under the immigration laws of the United States, a foreign national who applies for an immigrant visa abroad, or who seeks to adjust status as a permanent resident while in the United States, is required to receive vaccinations to prevent the following diseases:
Mumps
Measles
Rubella
Polio
Tetanus and Diphtheria Toxoids
Pertussis
Influenza Type B
Hepatitis B
Any other vaccine-preventable diseases recommended by the Advisory Committee for
Immunization Practices

This information could prove useful for those assisting a prospective immigrant. This being said, the rules and required vaccinations can be subject to frequent changes. Also, the US Embassy in Bangkok maintains a list of hospitals that are permitted to conduct medical examinations for US Immigration purposes. This list is subject to change and as a result those seeking medical examination for visa obtainment purposes would be wise to contact the United States Embassy in order to obtain the most up-to-date information.

In recent months, the United States Department of State and the Center for Disease Control have changed some of the rules regarding communicable diseases and United States Immigration. HIV has been taken off of the list of diseases that will act as a bar to admission into the United States. Therefore, those who previously were inadmissible to the USA due to the fact that they had HIV no longer need an HIV waiver (also known as an I-601 waiver) to overcome their inadmissibility and may now be eligible to enter the United States provided they meet other Department of State and USCIS requirements.

The United States government has a responsibility to make sure that those entering the USA are not carrying diseases that could pose a threat to the American Citizenry. To this end, Embassy staff and Civil Surgeons at overseas hospitals take their job very seriously. In Thailand, a major issue for some applicants is Tuberculosis. Some applicants are found to have or have had TB. In these situations, a battery of tests must be conducted in order to ensure that the disease has been eradicated and the applicant is no longer contagious.  For those who had TB in the past, a thorough search of the applicant’s medical records is conducted in order for the Civil Surgeon to be certain that the applicant no longer poses a threat to others. Although sometimes frustrating, the Medical Examination process is a necessary component of the due diligence conducted by the United States Embassies and US Consulates abroad.

Tags: HIV Waiver, Inadmissibility, Medical Examination, us embassy bangkok, US Immigration Rules, US Immigration Vaccinations, US Visa Medical Examination, US Visa Thailand, US Visa Vaccinations, Vaccinations, Waiver
Posted in US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

In recent days there has been speculation about Thai authorities cracking down on any Thai Company which was formed solely for the purpose of facilitating foreign ownership of Real Estate in Thailand. Unfortunately for foreign nationals, the Thai government restricts land ownership and will not allow foreign nationals to own land without Ministry of Interior approval. As a practical matter, this approval is nearly impossible to obtain so the Kingdom essentially has a De Facto ban on Real Estate ownership by foreigners. This being said, foreign nationals are still permitted to own Thailand property in the form of condominiums. A foreign national may own a Thai condo in freehold provided the condominium complex adheres to the provisions of the Thai Condominium Act.

In a journal written about the Thai housing market this author found the following quotation:

“[O]n May 15, 2006, the Ministry of Interior issued a policy to all provincial governors regarding the avoidance of foreign land ownership laws. The policy sought to prevent the purchase of land for the benefit of a foreigner in accordance with Section 74 of the Land Code. It directs officials to be more vigilant in scrutinizing land purchases of land by entities with foreign shareholders or directors, or where reasonable grounds exist to believe that a Thai is a nominee shareholder on behalf of a foreigner. The policy requires competent officials to carefully scrutinize the supporting evidence submitted for consideration, while paying particular attention to the occupation, duration of work and the monthly income of the Thai shareholder. If, following the investigation, the competent official’s opinion is that the transfer registration represents an avoidance of law or that a Thai is trying to purchase land for a foreigner’s benefit, he should investigate further and submit the case to the Land Department for ministerial advice.”

As can be gathered from the above quote, the Thai government places a great deal of administrative discretion in the hands of local land office personnel when it comes to the issue of foreign ownership of Thai property. It would appear that these administrative prerogatives will be brought to bear against those that use nominee shareholders to own land or Real Estate in Thailand. In this legal environment, it may be wise for foreign nationals to carefully assess their options in order to ensure that the best decisions are made with regard to property investment. In any case, it would be wise for anyone thinking of investing in the Kingdom of Thailand to consult an attorney in order to come up with a coherent strategy.

Tags: Thai Property, Thai Property Law, Thai Real Estate, Thai Real Estate Law, Thailand Property, Thailand Property Law, Thailand Real Estate, Thailand Real Estate Law
Posted in Thailand Business, Thailand company, Thailand Condo, Thailand Property, Thailand Real Estate, Upcoming Legislation | No Comments »

Work Permits are always an important issue for foreign nationals living in Thailand. Under Thai law, the right to work is bifurcated from the right to remain in the Kingdom. Therefore, many find that it can be easy to be lawfully admitted to Thailand on a validly issued Thai visa and remain for relatively long periods of time, but it can be difficult to obtain work authorization in the form of a Thai work permit. One of the reasons for this difficulty is that the Thai Foreign Business Act restricts the types of activities that foreign nationals are allowed to engage in while present in Thailand. In many ways, Thailand has maintained protectionist measures in order to insulate the Thai labor force from some of the detrimental side effects of globalization.

Recently, it was announced that the government would be easing some of the restrictions in the Thai Foreign Business Act. At the same time, the Thai government has also announced that the rules still on the books would become the subject of more stringent enforcement. This leads us back to the issue of work permits. It would appear that the government is preparing to allow foreign companies to engage in certain previously restricted activities, but the upshot of this is that the rules and regulations regarding activities that are still restricted will be enforced more diligently than before.  To quote a recent posting on Thaivisa.com from the British Chamber of Commerce in Thailand Magazine:

“Unfortunately, the Labour Department has revised Work Permit regulations and a new list of the types of work foreigners are allowed to conduct will be issued by February 2010 at the latest. According to the current draft of the Ministerial Regulation, the new rules and practice will impact on current work permits (when they are extended) and also new work permits. [...] Despite the position of all foreign Chambers that liberalisation and streamlining of visa and work permit regulations would be advantageous for attracting and retaining much needed foreign investment, certain ministries appear to have taken the opposite view.”

It would appear that the Thai Ministry of Labour is taking a rather tough stance with regard to the enforcement of work permit regulations.

Although it is quite common to see such attitudes in difficult economic times, this author cannot help but wonder if this is the best course of action for the overall Thai economy. Small and medium sized businesses owned or managed by foreign nationals will likely be the most adversely impacted by this new policy and there is strong evidence that such enterprises act as the driving force for the economy-at-large. In these tough economic times, attracting foreign skilled labour and investment may be better than promulgating rules that make working in Thailand more difficult.

Tags: employment authorization Thailand, Thai Foreign Business Act, Thai Visa, Thai Work Permit, Thailand Foreign Business Act, Thailand Visa, Thailand Work Permit, work in Thailand, work permit in Thailand, work permit Thailand
Posted in Thailand Business, Thailand company, Thailand Visa, Upcoming Legislation | No Comments »