Integrity Legal

It recently came to this blogger’s attention that the Prime Minister of the Kingdom of Thailand made no comment regarding the possibility of a Cabinet reshuffle although she did note that attendance at upcoming children’s day festivities is apparently encouraged by the Thai government. To quote directly from the official website of the Thai-ASEAN (Association of Southeast Asian Nations) News Network at Tannetwork.tv:

“Prime Minister Yingluck Shinawatra avoided answering questions about a possible Cabinet reshuffle today and only smiled at reporters...The PM added that she would like to invite children to attend the Children’s Day celebration on Saturday at Government House as she has prepared some surprises for the kids…”

Concurrently it also came to this blogger’s attention that the government of Canada seems to have made some comments regarding same sex marriages performed in that nation. To quote directly from the website Advocate.com:

“Thousands of non-resident same-sex couples married in Canada may not be legally wed if the marriage is not recognized in their home country or state, according to the Canadian government…”

The issues surrounding the status of same sex couples has been an issue of debate in the United States of America especially as the Presidential elections continue to draw closer. However, politics does not appear to be the core concern of those who are the most effected by these issues. For example, those families wishing to maintain a same sex bi-national relationship with a non-American in the United States could be deeply impacted by both American and Canadian policy regarding same sex marriage. This issue could further be hypothetically defined where the same sex marriage (or civil union depending upon the jurisdiction) takes place outside of the United States as such a fact pattern could place the merits of the marriage under the purview of the United States Citizenship and Immigration Service (USCIS). How this issue will ultimately be resolved in North America remains to be seen, there is one thing that seems to be a certainty: this issue is not one that will simply disappear since there are many in the LGBT (Lesbian, Gay, Bisexual, and Transgender) Community who wish to see full equality in matters reflecting their marital status. American Courts have dealt with this issue in recent months although a definitive decision does not seem to have been reached hopefully this issue will be resolved in short order.

For related information please see: Full Faith and Credit Clause.

For general legal information pertaining to South East Asia please: Legal.

Tags: American Visa, American Visa Thailand, Children's Day, CR-1 Visa, Full Faith and Credit, Horizontal Full Faith and Credit, IR-1 Visa, K-1 Visa, Legal, Thai Visa, Thailand Visa, United States Citizenship and Immigration Service, us embassy bangkok, us embassy thailand, US Visa, US Visa Thailand, USCIS, Vertical Full Faith and Credit
Posted in Comprehensive Immigration Reform, CR1 Visa, Department of Homeland Security, Fiance Visa Thailand, General Legal Information, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, Legal Opinion, lgbt immigration, Miscellaneous, News, same sex visa, States' Rights, US Consulate Chiang Mai, us embassy bangkok, US Embassy Cambodia, US Embassy Hanoi, US Embassy Phnom Phen, US Embassy Thailand, US Embassy Vietnam, US Mission ASEAN, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

It recently came to this blogger’s attention that the President of the United States noted his disapproval of negative reactions to comments made by a gay American serviceman. In order to elucidate further it is necessary to quote directly from the official website of the Washington Times, WashingtonTimes.com:

President Obama has taken a swipe at the entire field of Republican presidential candidates, saying they are guilty of “smallness” for failing to stand up for a gay U.S. service member who was booed by a few audience members at a GOP debate. “We don’t believe in the kind of smallness that says it’s OK for a stage full of political leaders — one of whom could end up being the President of the United States — being silent when an American soldier is booed,” Mr. Obama told a cheering crowd of gay and lesbian advocates Saturday night at the Human Rights Campaign’s annual dinner in Washington. “We don’t believe in standing silent when that happens. You want to be Commander-in-Chief? You can start by standing up for the men and women who wear the uniform of the United States, even when it’s not politically convenient…”

This blogger strongly encourages readers to click upon the hyperlinks noted above to learn further details about this apparent incident.

It was heartening for this blogger to see this show of solidarity from President Obama as “booing” of any American military personnel willing to lay down their lives in service to their country is uncalled for notwithstanding personal disagreements regarding lifestyle choices. No member of the LGBT community willingly serving in the American Armed Forces should be subjected to such “second class” treatment, especially by those whom they are tasked with protecting.

Issues surrounding LGBT Equality have been a topic of discussion in recent months as discussions persist with respect to the repeal of the so-called “Defense of Marriage Act” leading to analysis of States’ Rights issues and matters pertinent to the Erie Doctrine. Of more immediate concern for those proponents of DOMA repeal is the possibility of a political solution in the form of an Act repealing DOMA. In order to shed further light upon endeavors aimed at the aforementioned goal it is necessary to quote directly from Advocate.com:

When Jo Deutsch and Kathryn Lehman are en route to Capitol Hill for meetings with Republicans, they find it best to avoid certain conversations. The debt ceiling is off the table. So are their respective political resumes — one has worked for Barbara Boxer, the other Newt Gingrich. In fact, the two lobbyists could not be more divergent on most issues — except repeal of the Defense of Marriage Act. DOMA, which House Republican leadership is defending in several legal challenges, is a deeply personal issue for Lehman, because 15 years ago, she helped to write it…Deutsch and her partner, Teresa Williams, have been together for 28 years and have three children. However improbable legislative repeal of DOMA is in the near future, Deutsch’s professional raison d’etre, as Freedom to Marry national campaign director Marc Solomon sees it, “is to make our strongest case in D.C. with every influential player. Members of Congress, political operatives, the press corps — you name it.” And by hiring Lehman, the organization is taking a page out of the playbook from Proposition 8 opponents, who hired polar opposites Ted Olson and David Boies to make a court win happen.

The administration of this web log asks readers to click upon the hyperlinks noted above to gain further insight.

Perhaps one day a bi-partisan lobbying approach will lead to tangible benefits for LGBT couples and same sex bi-national couples who are in many cases unable to obtain immigration benefits such as the CR-1 visa, IR-1 visa, and/or the K-1 visa since there has been a legal presumption that DOMA precludes recognition of same sex marriages, even those performed in a sovereign American State.

For further relevant information please see: Full Faith and Credit Clause.

For further information regarding legal issues pertaining to US Immigration from Southeast Asia please see: Legal.

Posted in same sex visa | 1 Comment »

It recently came to this blogger’s attention that the National People’s Congress in China has apparently ratified a protocol regarding that nation’s Treaty of Amity with the Association of Southeast Asian Nations (ASEAN). In order to provide further insight it is necessary to quote directly from the official website of Xinhua, XinhuaNet.com:

BEIJING, Aug. 26 (Xinhua) — The Standing Committee of the National People’s Congress (NPC), or China’s top legislature, on Friday ratified the Third Protocol Amending the Treaty of Amity and Cooperation in Southeast Asia. According to Vice Foreign Minister Cui Tiankai, ratifying the protocol will help exhibit China’s political support for the Association of Southeast Asian Nations (ASEAN) and boost ties between China and the European Union. Cui was entrusted earlier by the State Council to brief the NPC Standing Committee on the basic information of the protocol. The Treaty of Amity and Cooperation in Southeast Asia was signed in February 1976. It was one of the basic political documents of the ASEAN…

This blogger asks readers to click upon the hyperlinks noted above to read this article in detail.

It should be noted that the United States of America and the Kingdom of Thailand maintain the US-Thai Treaty of Amity which could be described as similar to the aforementioned Sino-ASEAN agreement mentioned above. There has been recent speculation regarding the future of both the Chinese and ASEAN jurisdictions’ economies with many noting the possibility of a very bright economic outlook for both locations as well as Greater Asia as a whole. Meanwhile, there has been speculation that ASEAN could see a unified ASEAN visa scheme, but such developments have yet to come to fruition.

In news related to the struggle for LGBT equality it recently came to this blogger’s attention that some of the Citizens of the sovereign State of Maryland have recently petitioned one of their Senators regarding the so-called “Defense of Marriage Act” (DOMA). In order to provide further insight it is necessary to quote directly from the website of On Top Magazine, OnTopMag.com:

More than 3,000 people have signed on to a petition urging Maryland Senator Barbara Mikulski to co-sponsor a bill that would seek to repeal the Defense of Marriage Act (DOMA), which forbids federal agencies from recognizing the legal marriages of gay and lesbian couples. Freedom to Marry will present Mikulski with the petition on Friday at 3PM, the group said in an email to On Top Magazine. “Recent census data show nearly 17,000 same sex couple living across the state of Maryland,” Freedom to Marry President Evan Wolfson said in a statement. “These loving, committed couples and their families are harmed every day by the denial of marriage, and by federal discrimination against the marriages they are able to celebrate across the border in the District of Columbia and six other states.” “We hope that Senator Mikulski will heed the call of her constituents and join us in ending marriage discrimination at the federal level and in Maryland,” he added…

The administration of this web log asks readers to click upon the relevant hyperlinks noted above to learn more from this interesting article.

Frequent readers of this blog may recall that the provisions of DOMA currently preclude visa benefits such as the CR-1 visa, the IR-1 visa, and the K-1 visa to those in a same sex marriage even if said marriage has been legalized and/or solemnized by one of the sovereign American States which recognize such unions. Federal Legislators such as Representative Jerrold Nadler have sponsored legislation such as the Respect for Marriage Act and the Uniting American Families Act in an effort to end this discrimination, but as of yet it remains to be seen if said legislation will see passage.

For those interested in information pertaining to Southeast Asia please see: Legal.

Tags: ASEAN, ASsociation of Southeast ASian Nations, Chinese National People's Congress, Chinese Vice Foreign Minister Cui Tiankai, CR-1 Visa, CR1 Visa, Defense of Marriage Act, District of Columbia, DOMA, European Union, Freedom to Marry President Evan Wolfson, gay and lesbian couples, gay couples, IR1 Visa, K-1 Visa, K1 Visa, lesbian couples, Maryland Senator Barbara Mikulski, NPC, Representative Jerrold Nadler, Respect for Marriage Act, Same Sex Marriage, Standing Committee of the National People's Congress, State of Maryland, Third Protocol Amending the Treaty of Amity, Treaty of Amity and Cooperation in Southeast Asia, Uniting American Families Act, US-Thai Treaty of Amity
Posted in Amity Treaty, ASEAN Business, ASEAN Visa, China Business, same sex visa | No Comments »

It recently came to this blogger’s attention that a Professor in the sovereign State of Utah has apparently filed a declaration regarding statements pertaining to the so-called “Defense of Marriage Act” (DOMA). In order to provide further insight it is necessary to quote directly from the website of Talking Points Memo, TalkingPointsMemo.com:

A University of Utah professor who specializes in the study of affectional bonds and same-sex sexuality is accusing House Speaker John Boehner’s legal team of distorting her research. Professor Lisa A. Diamond, whose work was cited by the legal team arguing on behalf of the U.S. House of Representatives that the Defense of Marriage Act is constitutional, filed a declaration in federal court stating that the legal team “misconstrues and distorts my research findings, which do not support the propositions for which BLAG cites them.” The legal team chosen by Boehner, headed by former Solicitor General Paul Clement, quoted Diamond as writing that there “is currently no scientific or popular consensus on the exact constellation of experiences that definitively ‘qualify’ an individual as lesbian, gay, or bisexual” as support for their claim that sexual orientation isn’t immutable. “That is incorrect,” writes Diamond. “My quoted statement concerns the scientific and popular debates over the defining characteristics of LGBT individuals and it says nothing whatsoever about the immutability of sexual orientation itself…”

The administration of this web log strongly encourages readers to click upon the hyperlinks above to read this article in detail.

The provisions of DOMA currently result in a situation where same sex bi-national couples are unable to enjoy the same visa benefits as their different sex counterparts most particularly in the form of the K-1 visa, the CR-1 visa, and/or the IR-1 visa. Currently, proposed legislation such as Representative Jerrold Nadler‘s Respect for Marriage Act and Uniting American Families Act would ameliorate this situation, but passage of said legislation remains to be seen.

In news pertaining to the Association of Southeast Asian Nations (ASEAN), it recently came to this blogger’s attention that the Secretariat of ASEAN is apparently releasing information regarding human trafficking. To provide further insight this blogger is compelled to quote directly from the official website of the Malaysian National News Agency website, Bernama.com:

JAKARTA, Aug 24 (Bernama) — The Secretariat of Asean on Wednesday made public the Progress Report on Criminal Justice Responses to Trafficking in Persons in the Asean Region, says Vietnam News Agency (VNA). The report highlighted achievements made by Asean during the past decade in the fight against human trafficking and its forthcoming challenges in the near future. It also underlined the need to perfect the legal system on transnational crimes, promoting regional cooperation, raising efficiency of verifying, prosecuting and convicting human trafficking criminals as well as protecting and helping victims. Addressing the ongoing 11 th Senior Officials Meeting on Transnational Crime (SOMTC) here, Asean Secretary General Surin Pitsuwan said that the report will provide a cooperation model for countries as well as other regions…

This blogger asks readers to click on the relevant links above to read more from this interesting article.

Human trafficking is a problem that many nations tackle with and it is genuinely reassuring to see the jurisdictions which comprise ASEAN (Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam) taking the time to analyze this issue as it is certainly a problem deserving of attention.

For information pertaining to legal services in Southeast Asia please see: Legal.

Tags: 11 th Senior Officials Meeting on Transnational Crime, ASEAN, ASEAN region, Asean secretary-general Surin Pitsuwan, ASsociation of Southeast ASian Nations, BLAG, Brunei Darussalam, Cambodia, CR-1 Visa, CR1 Visa, federal court, former Solicitor General Paul Clement, House Speaker John Boehner, Human Trafficking, Indonesia, IR-1 Visa, IR1 Visa, K-1 Visa, K1 Visa, Laos, Malaysia, Myanmar, Philippines, Progress Report on Criminal Justice Responses to Trafficking, Representative Jerrold Nadler, Respect for Marriage Act, Singapore, SOMTC, Thailand, U.S. House of Representatives, Uniting American Families Act, Vietnam
Posted in ASEAN Business, same sex visa | No Comments »

Loss of consortium is a term used in the law of torts that refers to the deprivation of the benefits of a family relationship due to injuries caused by a tortfeasor. Loss of consortium arising from personal injuries was recognized under the English common law. For example in Baker v Bolton, (1808) 1 Camp 493, a man was permitted to recover for his loss of consortium while his wife languished after a carriage accident. However, once she died from her injuries, his right to recover for lost consortium ended. After the enactment of the Lord Campbell’s Act (9 and 10 Vic. c. 93) the English common law continued to prohibit recovery for loss of consortium resulting from the death of a victim. The availability of loss of consortium differs drastically among common law jurisdictions and does not exist at all in several of them. Damages for loss of consortium are considered separately from, and are not to be confused with compensatory damages…

– Quoted Directly From Wikipedia, Wikipedia.org

Up until this point in time, the issue of federal recognition of same sex marriage was of primary interest to this blogger due to the immigration implications; but after further contemplation on a currently pending situation involving a same sex married couple in the sovereign State of California this blogger felt it noteworthy to discuss some immigration matters and how they may relate to the concepts noted above. However, in order to provide further context this blogger is compelled to quote directly from the official website of the Huffington Post, HuiffingtonPost.com:

Due to a surprise announcement by the Obama administration to consider same-sex marriage in deportation decisions, as reported by The Huffington Post, Australian-born Anthony Makk, who is currently facing deportation, may be able to stay in the U.S. with his husband Bradford Wells. Earlier this month, The Huffington Post reported the story of Anthony Makk and Bradford Wells, a same-sex married couple that faces deportation for Makk when his visa expires on August 25. Makk and Wells have lived together for 19 years and were legally married in Massachusetts in 2004. Makk is also the primary care taker for Wells, who suffers from AIDS…

The administration of this web log strongly encourages readers to click upon the appropriate hyperlinks noted above in order to read this article in detail.

At the time of this writing it does appear that the United States Citizenship and Immigration Service (USCIS) may not remove the same sex spouse of an American Citizen suffering from a debilitating illness. However, this should not be viewed as a foregone conclusion. Moreover, it should also be noted that the Commonwealth of Massachusetts‘ reserved right to marry those in her jurisdiction predates the US Constitution, the Articles of Confederation, and the Declaration of Independence. Therefore, it could be reasonably argued that where a State with such a constitution has manifested her political will in favor of legalizing and/or solemnizing same sex marriage the federal government should accord said unions Full Faith and Credit pursuant to the Full Faith and Credit Clause. It should be noted that proposed legislation such as Representative Jerrold Nadler‘s Respect for Marriage Act would seem to provide Full Faith and Credit to States which license same sex marriage while allowing other jurisdictions to retain their own interpretation of marriage through a “certainty” scheme. That stated, such a scheme does not deal with the dilemma in the instant case. The Uniting American Families Act appears to have been drafted to specifically address the immigration implications of the so-called “Defense of Marriage Act” (DOMA) since DOMA specifically precludes federal recognition of same sex marriage thereby denying visa benefits such as the K-1 visa, CR-1 visa, or the IR-1 visa for same sex couples.

This blogger must wonder whether the US Courts, in an effort to prevent loss of consortium in the case noted above, could use an equitable remedy such as an injunction to impose something akin to a temporary restraining order upon the USCIS thereby placing a hold upon the removal with an eye toward sorting out the Full Faith and Credit issues: would this not be especially poignant in a forum such as the Massachusetts Federal Courts, assuming jurisdiction, due to the Erie Doctrine since the underlying marriage took place therein? The ultimate fate of the same sex couple noted above remains to be seen, but there is hope as recent developments would seem to suggest that there could ultimately be a positive outcome.

For information related to legal services in Asia please see: Legal.

Tags: AIDS, Articles of Confederation, Baker v Bolton, benefits of a family relationship, certainty, Commonwealth of Massachusetts, compensatory damages, CR-1 Visa, CR1 Visa, Damages, Declaration of Independence, Defense of Marriage Act, DOMA, English common law, Erie Doctrine, Full Faith and Credit, Full Faith and Credit Clause, injunction, IR-1 Visa, IR1 Visa, K-1 Visa, K1 Visa, legally married, Lord Campbell's Act, Loss of consortium, Massachusetts Federal Courts, Obama Administration, Representative Jerrold Nadler, Respect for Marriage Act, Same Sex Marriage, State of California, temporary restraining order, United States Citizenship and Immigration Service, Uniting American Families Act, US Constitution, USCIS
Posted in same sex visa | No Comments »

It recently came to this blogger’s attention that the chairman of the Malaysian Securities Commission was recently noted for comments regarding the future economic prospects of the ASEAN Community. In order to provide further information regarding these developments it is necessary to quote directly from the official website of The Philippine Star, PhilStar.com

KUALA LUMPUR (Xinhua) – As global stock markets tumbled over the week in response to the US credit woes and the Europe debt crisis, Malaysia’s Securities Commission chairman, Zarinah Anwar holds a positive view that markets in Southeast Asia is strong enough to fend off the crisis…”Domestic demand is still strong and ASEAN (Association of Southeast Asian Nation) has to continue to look at its neighbours to pick up selective demands that may arise as a result of the economic woes in our traditional export markets,” she aded. ASEAN’s effort towards an integrated regional economy, with 2015 as a deadline, also contributed to ASEAN’s sound environment…Countries like Malaysia, Singapore, Thailand and the Philippines are in the process of developing a cross-trading arrangement linking their trading system, giving investors direct access to other markets. Currently, Bursa Malaysia, Singapore Stock Exchange, Vietnam’s Hanoi Stock Exchange and Hochiminh Stock Exchange, the Indonesia Stock Exchange, the Philippines Stock Exchange Inc have already linked up on a website labelled as “ASEAN exchanges” which provides investors with access to check the top stocks in the region…[sic]

The administration of this web log encourages readers to click upon the relevant hyperlinks noted above to read this fascinating article in detail.

There has been a great deal of discussion surrounding the future of the economies in the jurisdictions comprising the Association of Southeast Asian Nations (ASEAN: Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam). In fact, there has even been discussion about a possibly unified ASEAN visa similar to that utilized by some of the members of Schengen area in Europe. As of yet, such discussion has yet to yield tangible results, but there are those who hope that further discourse on the topic may result in a unified visa of some kind coming into being. Hopefully, ASEAN continues along the path of economic growth to the benefit of all concerned.

In news pertaining to the continuing struggle for LGBT Equality it recently came to this blogger’s attention that the American government appears to have noted the un-Constitutionality of certain provisions of the so-called “Defense of Marriage Act” (DOMA) in the US Courts. In order to provide further insight it is necessary to quote directly from the website of Metro Weekly, MetroWeekly.com:

Back on July 1, the Department of Justice took a big step in defining what its Feb. 23 decisionthat the federal definition of marriage found in Section 3 of the Defense of Marriage Act is unconstitutional would look like. In Karen Golinski’s case seeking equal health benefits for her wife, DOJ argued that the case should not be tossed out of court and should be allowed to proceed. On Aug. 19, DOJ went a step further, telling a judge in the Southern District of New York that Edith Windsor — who is seeking a refund of the more than $350,000 estate tax bill that she had to pay because her marriage to her deceased wife, Thea Spyer, was not recognized by the federal government — should be granted that refund because DOMA’s federal definition of marriage is unconstitutional…This is the first time the government stated affirmatively in court that a lawsuit requiring that Section 3 of DOMA be struck down as unconstitutional should succeed…[sic]

This blogger asks readers to click upon the hyperlinks above to learn more about these developments in detail.

For those unfamiliar with the current immigration implications of DOMA it should be noted that said legislation precludes accordance of US visa benefits such as the K-1 visa, the CR-1 visa, or the IR-1 visa to same sex couples even where the couple has entered into a same sex marriage in a American State jurisdiction which legalizes such unions. Currently, proposed legislation such as Representative Jerrold Nadler‘s Uniting American Families Act and the Respect for Marriage Act would rectify this current discrimination to one degree or another, but the ultimate fate of these bills remains to be seen.

For information related to legal services in Southeast Asia please see: Legal.

Tags: ASEAN Exchanges, ASEAN Visa, ASsociation of Southeast ASian Nations, Brunei Darussalam, Bursa Malaysia, Cambodia, CR-1 Visa, CR1 Visa, Defense of Marriage Act, Department of Justice, DOMA, Europe, Hanoi Stock Exchange, Hochiminh Stock Exchange, Indonesia, Indonesia Stock Exchange, IR-1 Visa, IR1 Visa, K-1 Visa, K1 Visa, Laos, Malaysia, Malaysia's Securities Commission chairman, Malaysian Securities Commission, Myanmar, Philippines, Philippines Stock Exchange Inc, Representative Jerrold Nadler, Respect for Marriage Act, Same Sex Marriage, Schengen area, section 3 of DOMA, Section 3 of the Defense of Marriage Act, Singapore, Singapore Stock Exchange, Southern District of New York, Thailand, unconstitutional, Uniting American Families Act, Vietnam
Posted in ASEAN Business, ASEAN Visa, same sex visa, US Constitution | No Comments »

It recently came to this blogger’s attention that the Department of Homeland Security (DHS) may be poised to begin placing holds on some deportations. In order to provide further insight it is necessary to quote directly from the website of The Washington Times, WashingtonTimes.com:

The Homeland Security Department said Thursday it will halt deportation proceedings on a case-by-case basis against illegal immigrants who meet certain criteria such as attending school, having family in the military or are primarily responsible for other family members’ care. The move, announced in letters to Congress, won immediate praise from Hispanic activists and Democrats who had chided President Obama for months for the pace of deportations and had argued he had authority to exempt broad swaths of illegal immigrants from deportation…

The administration of this web log strongly encourages readers to click upon the relevant hyperlinks above to read this article in detail.

Although this blogger has been reluctant to support blanket amnesty per se, especially for those who have entered the United States illegally; there are often unique and extenuating circumstances which require adjudication in order to equitably administer American immigration law and regulation pursuant to legislative and executive plenary power. It remains to be seen how this policy will be practically implemented.

In news related to the struggle for LGBT Equality, it recently came to this blogger’s attention that the federal delegation from the sovereign State of New York may be more supportive of DOMA repeal since a Congressional Representative from that State was recently noted for comments on this issue. In an effort to provide further insight it is necessary to quote directly from the website Towleroad.com:

After waiting for New York State to legalize gay marriage, Democratic Rep. Bill Owens now says he supports the repeal of the Defense of Marriage Act that prohibits federal recognition of same-sex marriage. “I indicated I would not become a co-sponsor until New York took action,” said Owens, who represents the Empire State’s 23rd Congressional district. “Once they did that, I felt I had an obligation to the citizens in the state to make sure they weren’t adversely impeded by federal law.” Owens continued, “I think that people should have the freedom to make those kinds of decisions…”

The administration of this web log asks readers to click on the hyperlinks above to read this article in detail.

For those who are unaware of the evolving nature of this issue it should be noted that the provisions of the so-called “Defense of Marriage Act” (DOMA) preclude federal recognition of same sex marriage. This federal non-recognition is enforced even where one of the sovereign American States has legalized and/or solemnized the underlying same sex marriage. There are some who would argue that this activity violates the Full Faith and Credit Clause of the United States Constitution while others could argue that such discrimination violates the Equal Protection Clause. In any case, the result in an immigration context is that same sex bi-national couples (even those who have entered into a same sex marriage in a US State) cannot receive the same visa benefits (such as the CR-1 visa, IR-1 visa, or K-1 visa)  as their different-sex counterparts. Some federal legislators, such as New York delegation member Representative Jerrold Nadler, have attempted to remedy this problem through introduction of bills such as the Uniting American Families Act (UAFA: to address the specific issue of discrimination in an immigration context) and the Respect For Marriage Act (RFMA: a proposal which would accord federal “certainty” to State licensed same sex marriages). However, it remains to be seen whether such legislation will ultimately see passage.

In news related to the aforementioned issues it also came to this blogger’s attention that further “mainstream media” attention is being focused upon the case of the same sex bi-national couple who were married in the Commonwealth of Massachusetts, but face the prospect of separation due to the fact that the American government may remove the foreign spouse since their marriage is not recognized pursuant to the provisions of DOMA. In an effort to provide further detail this blogger is compelled to quote directly from the official website of The Washington Post, WashingtonPost.com:

Mr. Makk’s case illustrates the profound injustices meted out by DOMA, which was passed in 1996. The Obama administration this year denounced the Clinton-era law as unconstitutional because it deprives same-sex couples equal protection of the law. In April, Attorney General Eric H. Holder Jr. put on hold the deportation of a British man who has lived in the United States since 1996 but who never obtained a green card or citizenship. The man, Paul Wilson Dorman, has been in a committed same-sex relationship for 15 years and entered into a civil union with his partner, a U.S. citizen, in 2009. Mr. Holder asked an immigration court to determine whether Mr. Dorman should be considered a “spouse” under New Jersey law and thus entitled to stay in the country. Mr. Makk’s deportation should also be put on hold, as should those involving anyone in legally recognized same-sex relationships whose only infraction involves immigration status…

The administration encourages readers to click upon the hyperlinks noted above to read this article in detail as this situation is poignant indeed.

Although this blogger can at times get caught up in the rather academic details of the debate on federal recognition of same sex marriage readers should be aware that this issue has a truly human context since couples like the one noted above could have their personal lives substantially disrupted as a result of federal policy with respect to same sex couples. There is some speculation that this matter may ultimately see resolution in the US Courts, but until such time as a final decision is made on the matter same sex couples and the Greater LGBT community in America are left to hope that their federal legislature will pass legislation akin to the RFMA or the UAFA. Perhaps in the meantime officers in the American immigration system can utilize their statutory authority and plenary powers to provide equitable relief to those who find themselves facing the prospect of being separated from their loved ones due to questionably Constitutional law.

For information pertaining to legal services in Southeast Asia please see: Legal.

Tags: American Constitution, Attorney General Eric H. Holder Jr., certainty, Citizenship, Commonwealth of Massachusetts, CR-1 Visa, CR1 Visa, Defense of Marriage Act, Department of Homeland Security, DHS, DOMA, DOMA repeal, equal protection, equal protection clause, Full Faith and Credit Clause, gay marriage, Green Card, Homeland Security Department, Illegal Immigrants, IR-1 Visa, IR1 Visa, K-1 Visa, K1 Visa, legally recognized same-sex relationships, New York 23rd Congressional district, New York State, President Obama, Representative Jerrold Nadler, Respect for Marriage Act, Same Sex Marriage, same-sex relationships, United States Constitution, Uniting American Families Act
Posted in Department of Homeland Security, same sex visa | No Comments »

It recently came to this blogger’s attention that the United States Consulate in Chennai, India has issued an apology statement pertaining to remarks made by a Consular Officer in that jurisdiction. In order to provide further insight it is necessary to quote directly from the official website of Yahoo News at Yahoo.com:

The United States has apologised for controversial remarks made by a US diplomat who spoke of “dark and dirty” Indians, calling the comments “inappropriate”. US Vice-Consul Maureen Chao told Indian students on Friday that her “skin became dirty and dark like the Tamilians” after a long train journey, according to Indian media — referring to people from the southern state of Tamil Nadu. During her speech in the Tamil Nadu capital, Chennai, Chao was quoted as saying: “I was on a 24-hour train trip from Delhi to (the eastern Indian state of) Orissa. “But, after 72 hours, the train still did not reach the destination… and my skin became dirty and dark like the Tamilians.” Following her speech, the US Consulate in Chennai on Saturday issued a “statement of apology”. “During the speech Ms. Chao made an inappropriate comment. Ms. Chao deeply regrets if her unfortunate remarks offended anyone, as that was certainly not her intent,” the US Consulate said on its website…”As US Secretary of State Hillary Clinton recently noted, the US-India partnership is based on our shared values of democracy, liberty, and respect for religious and cultural diversity,” the US consulate added…

The administration of this web log strongly encourages readers to click upon the relevant hyperlinks noted above to read this article in detail.

Although the comments noted above are unfortunate, inappropriate, and downright impolite it should be noted that mistakes do happen. Notwithstanding the fact that the individual in question is a civil servant of the United States government she is also human and therefore not immune from making mistakes. It is admirable that the US Consulate noted above took the opportunity to quickly and maturely respond to the comments and issue an apology. Hopefully the whole situation will stand as an example to future American State Department personnel.

In news related to the continuing struggle for LGBT equality, it recently came to this blogger’s attention that there has been further analysis of the factual situation surrounding the story of a same sex married couple who may be compelled to separate due to enforcement of the so-called “Defense of Marriage Act” (DOMA). In order to provide further information it is necessary to quote directly from the official website of CNN, CNN.com:

Anthony Makk was trying to become a permanent U.S. resident – like many heterosexual couples do – so he could stay with his loved one who he married seven years ago in Massachusetts. Makk, who has been with Bradford Wells for 19 years, is also doing it because he is a caregiver for his husband who has AIDS.

Frequent readers of this web log may recall that the Commonwealth of Massachusetts has allowed for the legalization/solemnization of same sex marriage through intra-State licensure protocols. Notwithstanding the fact that this sovereign American State and other jurisdictions such as the State of New York have legalized such unions they are neither recognized nor granted routine Full Faith and Credit pursuant to the United States Constitution’s Full Faith and Credit Clause. There are currently cases pending in the US Courts which address these issues, but a final resolution has yet to come to fruition. To continue quoting from the aforementioned article on CNN.com:

..But the federal government denied his final appeal two weeks ago on the basis of the Defense of Marriage Act which doesn’t recognize their same-sex marriage. “The claimed relationship between the petitioner and the beneficiary is not a petitionable relationship,” the government’s ruling said. “For a relationship to qualify as a marriage for purposes of federal law, one partner must be a man and the other a woman.” The U.S. Department of Citizenship and Immigration Services echoed the sentiment, saying as long as DOMA was in place, they will continue to operate under that standard…The couple is calling for the U.S. government to step in and allow Makk to stay and care for Wells. The couple said they feel the federal government is doing everything to keep them from being able to do what any other heterosexual couple already can do. “I feel that my government is trying to destroy my marriage,” Wells said. “And my government is trying to impose a great deal of harm on my life for no reason whatsoever. I feel like I’m being bullied by my government.” But the fight to stay together has strengthened the couple’s bond, Makk said. “We made a big commitment to each other and the harder they make it, the stronger our relationship is.” What’s more frustrating for Wells, who says that the couple never intended for this to become a public debacle, is that they make sure to do everything that all married couples are required to do – like pay joint taxes, but get none of the benefits. “We have all the responsibilities, do the penalty parts of marriage, but then when it gets to the same benefits, we’re told no, you don’t qualify,” Wells said. “The government has decided they don’t like who I marry. For the federal government to say this isn’t a marriage – it’s degrading.” Still, the couple holds out hope. Hope that President Obama could step in to the battle that’s already raging in Congress over a repeal of DOMA, which he said he would support…

This blogger asks readers to click upon the relevant hyperlinks noted above to read this article in detail.

The first question this blogger would pose under the circumstances is: Could the Attorney-General of the United States not issue a hold on this deportation in much the same way that a hold was placed on the removal of the New Jersey same sex civil union partner of an American Citizen? Notwithstanding the fact that the provisions of DOMA preclude the accordance of American visa benefits such as the K-1 visa, the CR-1 visa, or the IR-1 visa to same sex couples the American Attorney-General has rescinded a deportation apparently to scrutinize the Constitutional issues at play where a State has licensed a marital union. Under the circumstances in this case it seems only prudent to infer that there may be even more significant Constitutional issues because the underlying union is a same sex marriage and not a civil union. As noted previously on this blog, it is this blogger’s opinion that once a State sovereign has exercised their prerogatives with respect to the licensure of marriage, then the imprimatur of that State’s recognition of the underlying marriage should be accorded both inter-State Full Faith and Credit and federal recognition. Under the current situation with respect to DOMA, the States’ Rights are being marginalized and the American Citizenry’s individual liberties are being infringed.

Meanwhile, American legislators such as Representative Jerrold Nadler have introduced legislation such as the Uniting American Families Act (UAFA) to directly address the current discrimination being imposed upon same sex bi-national couples. Furthermore, the provisions of the Respect for Marriage Act would seem to deal with the Full Faith and Credit issue by according same sex marriages performed in those States which legalize and/or solemnize such unions with federal “certainty“. How this issue will ultimately be resolved in the American Congress or Courts remains to be seen.

–Benjamin Walter Hart

For related information please see: Consular Processing.

For information pertaining to legal services in Southeast Asia please see: Legal.

Tags: American State Department, beneficiary, Commonwealth of Massachusetts, Consular Officer, cultural diversity, Defense of Marriage Act, Delhi, democracy, DOMA, Full Faith and Credit, Full Faith and Credit Clause, heterosexual couple, joint taxes, liberty, Orissa, permanent U.S. resident, petitionable relationship, petitioner, President Obama, qualify as a marriage for purposes of federal law, State of New York, Tamil Nadu, U.S. Department of Citizenship and Immigration Services, United States Citizenship and Immigration Service, United States Consulate in Chennai India, US diplomat, US Secretary of State Hillary Clinton, US State Department, US Vice-Consul, US-India partnership, USCIS
Posted in same sex visa, States' Rights, US Consulate Chennai, US State Department | No Comments »

It recently came to this blogger’s attention that the Department of Homeland Security‘s United States Citizenship and Immigration Service (USCIS) is apparently compelling an Australian man, who is currently a partner in a same sex marriage with an American Citizen, to depart the USA. In order to provide further clarity on this situation it is necessary to quote directly from the official website of the San Fransisco Chronicle, SFGate.com:

Citing the Defense of Marriage Act, the Obama administration denied immigration benefits to a married gay couple from San Francisco and ordered the expulsion of a man who is the primary caregiver to his AIDS-afflicted spouse. Bradford Wells, a U.S. citizen, and Anthony John Makk, a citizen of Australia, were married seven years ago in Massachusetts. They have lived together 19 years, mostly in an apartment in the Castro district. The U.S. Citizenship and Immigration Services denied Makk’s application to be considered for permanent residency as a spouse of an American citizen, citing the 1996 law that denies all federal benefits to same-sex couples. The decision was issued July 26. Immigration Equality, a gay-rights group that is working with the couple, received the notice Friday and made it public Monday. Makk was ordered to depart the United States by Aug. 25. Makk is the sole caregiver for Wells, who has severe health problems…

The administration of this web log encourages interested readers to click upon the relevant hyperlinks noted above to learn further details from this interesting story.

Frequent readers of this web log may recall that the provisions of the so-called “Defense of Marriage Act” (DOMA) preclude the federal government from recognizing a same sex marriage for purposes of distributing federal benefits. Therefore, same sex bi-national couples cannot acquire the same travel documents and visa benefits (such as the K-1 visa, CR-1 visa, or an IR-1 visa) as a different-sex couple notwithstanding the fact that the couple may be legally married in one of the State jurisdictions which legalize and/or solemnize such unions. It should be noted that legislation such as Representative Jerrold Nadler‘s Uniting American Families Act (UAFA) or the Respect for Marriage Act would rectify this situation to one degree or another. As of the time of this writing it remains to be seen whether this legislation will ultimately see enactment.

Meanwhile, in news of further interest to those who follow immigration matters; it recently came to this blogger’s attention that DHS has issued an announcement regarding a nationwide program to be administered by the United States Immigration and Customs Enforcement Service (USICE, sometimes colloquially referred to as ICE). To provide further insight it is necessary to quote directly from the official website of the Washington Times, WashingtonTimes.com:

The District could be forced to participate in an immigration-enforcement program now that the federal government has issued a letter to states that voided their participation agreements and emphasized the program’s mandatory nature. The Department of Homeland Security sent the letter last week to governors of 39 states, including Maryland and Virginia, after three states expressed interest in opting out of their contracts with the federal Secure Communities program. The program allows U.S. Immigration and Customs Enforcement to access fingerprints collected by state and local law enforcement and shared with the FBI. It was started in 2008 and has helped ICE identify and deport more than 86,000 convicted criminal aliens. “This is to avoid any further confusion,” ICE spokeswoman Nicole Navas said Monday. “We’ve made it clear. There’s no opting out.” DHS voided the agreements to clarify that they essentially served no purpose, and that states are required to remain in the program. Federal officials no longer will seek agreement with newly enrolled states and jurisdictions, and will simply notify them when they plan to implement the program…

This blogger asks readers to click upon the relevant hyperlinks noted above to read this article in detail.

Matters pertaining to immigration can be difficult to understand especially in the context of the United States Constitution since many of the immigration-related powers of the American Legislature and Executive are plenary in nature. How such powers interact with States’ Rights can be difficult to ascertain as the legal principles involved can be quite subtle. In any case, the ultimate resolution of this issue remains to be seen. Hopefully, a solution will present itself which will prove amenable for all concerned.

For information related to United States immigration from Thailand please see: Legal.

Tags: Commonwealth of Massachusetts, CR-1 Visa, CR1 Visa, Defense of Marriage Act, Department of Homeland Security, DHS, DOMA, FBI, Federal Bureau of Investigation, federal Secure Communities, fingerprints, Gay Rights, ICE, immigration denial, immigration-enforcement program, IR-1 Visa, IR1 Visa, K-1 Visa, K1 Visa, LGBT Equality, Obama Administration, opting out, permanent residency, Representative Jerrold Nadler, Respect for Marriage Act, same sex civil union, same sex couples, Same Sex Marriage, Same Sex Partner, same-sex partnership, state and local law enforcement, States' Rights, U.S. citizen, U.S. Citizenship and Immigration Services, uafa, United States Citizenship and Immigration Service, United States Constitution, United States Immigration and Customs Enforcement Service, Uniting American Families Act, USCIS, USICE
Posted in Department of Homeland Security, lgbt immigration, USCIS, USICE | No Comments »

It recently came to this blogger’s attention that some media outlets are noting the comparatively positive aspects of the economies which comprise the Association of Southeast Asian Nations (ASEAN). In order to provide further insight to the reader it is necessary to quote directly from the official website of The Wall Street Journal, WSJ.com:

JAKARTA—Investors and companies should look to Southeast Asia as they seek shelter from the world-wide markets meltdown, said the secretary general of the 10-member Association of Southeast Asian Nations. Surin Pitsuwan noted that Southeast Asia is growing, it is nestled between India and China and it dealt with its own scary debt problems over a decade ago, making it an attractive alternative amid the global volatility triggered by concerns about how the U.S. and Europe will deal with their debt, as well as whether the U.S. economy will slide into recession again. “If they are looking for a safer haven, this is it,” he told The Wall Street Journal in an interview. “The Chinese and the Japanese that are worried will want to look around for better prospects for their investments and this is one of the hopeful regions…”

The administration of this web log strongly encourages readers to click upon the hyperlinks noted above to read this well written article by Eric Bellman in detail.

Frequent readers may recall that the ASEAN region as a whole, and the component jurisdictions therein, have shown tremendous economic strength in recent months. Meanwhile, these jurisdictions are believed by some to have substantial economic potential in the future. There has been some discussion in recent weeks regarding the prospect of a possible ASEAN visa not unlike the Schengen system currently employed in Europe. Whether such a program will ultimately be implemented remains to be seen. In any case, there is certainly strong evidence to support the inference that the ASEAN jurisdictions will be increasingly important in a geopolitical and economic context moving forward.

In news pertaining to the continuing struggle for LGBT Equality in the United States, it recently came to this blogger’s attention that the Internal Revenue Service (IRS) of the United States appears to be refusing recognition of same sex marriages, even those legalized and/or solemnized in an American State jurisdiction. To provide further information this blogger is compelled to quote directly from the official website of MSNBC at MSN.com:

For all those same-sex newlyweds in New York, Lawrence S. Jacobs has a message: Enjoy the Champagne and the honeymoon, but expect no gifts from the IRS. Jacobs, a lawyer in Washington, specializes in estate planning for same-sex couples — and in delivering the bad news that their unions aren’t legal in the eyes of the IRS, a policy that will cost them time and money during tax season.Same-sex couples in Washington, which last year legalized gay marriage, must fill out a federal return to make calculations required for their D.C. joint return. But then they must set that work aside and fill out separate federal returns because the IRS doesn’t regard their union as legal, Jacobs says. “You just spent decades getting your marriage recognized, and now the feds say, ‘No, you’re not,’” says Jacobs, who as a partner in a same-sex marriage has firsthand experience of the problem.

The administration of this web log strongly encourages interested readers to click upon the hyperlinks noted above to view this story in detail.

Frequent readers may recall that the issue of same sex marriage has been a “hot button” issue in recent months as Senate Judiciary hearings have recently been held to scrutinize the Constitutionality of the so-called “Defense of Marriage Act” (DOMA) in light of proposed replacement legislation in the form of the bill colloquially referred to as the Respect for Marriage Act (RFMA). In an immigration context, the issue of federal recognition of same sex marriage is of substantial importance since agencies such as the United States Citizenship and Immigration Service (USCIS) and each and every US Embassy or US Consulate overseas is legally compelled to disregard a same sex marriage when adjudicating family visa matters pursuant to the provisions of DOMA. Therefore, bi-national same sex couples cannot obtain a travel document such as a K-1 visa, CR-1 visa, or IR-1 visa in the same manner as their different-sex counterparts. Meanwhile, there is some hope that this current legal discrimination will be overcome as some US Courts have ruled that DOMA’s non-recognition, at least at the federal level, of State licensed same sex marriage is Un-Constitutional. Concurrently, the United States Bankruptcy Courts have begun allowing joint bankruptcies for same sex married couples.

It remains to be seen whether same sex couples will ever be accorded the same benefits as their different-sex counterparts in the eyes of American law, but the overall situation appears to be gradually improving.

For related information please see: Americans Resident Abroad.

Tags: American Resident Abroad, Americans Resident Abroad, ASEAN, ASEAN Visa, ASsociation of Southeast ASian Nations, China, CR-1 Visa, CR1 Visa, Defense of Marriage Act, DOMA, gay marriage, global volatility, India, Internal Revenue Service, IR-1 Visa, IR1 Visa, IRS, joint return, K-1 Visa, K1 Visa, LGBT Equality, partner in a same-sex marriage, recession, Respect for Marriage Act, RFMA, same sex couples, Same Sex Marriage, same sex marriages, same-sex newlyweds, Southeast Asia, State licensed same sex marriage, Surin Pitsuwan, U.S. economy, United States Citizenship and Immigration Service, US Consulate, US Courts, US Embassy, USCIS
Posted in ASEAN Business, ASEAN Visa, same sex visa, States' Rights | No Comments »