Integrity Legal

In order to provide relevant information to the public-at-large regarding immigration issues in Southeast Asia, the administration of this blog often posts the holiday closing schedules of various American posts in Asia in an attempt to assist those seeking such information. The following is quoted directly from the official website of the US Embassy in Bangkok, Thailand:

For further information please click HERE.

It has been this blogger’s experience that the personnel at the American post in Bangkok can provide a great deal of assistance with services such as notarization, Consular Reports of Birth Abroad, passport renewal, and documentation pertaining to the registration of a marriage in Thailand. It is generally advisable that those seeking such services make an appointment with the Consular Services section prior to arrival at the post. In many cases, this can be accomplished online.

Those wishing to obtain an American visa for a loved one in Thailand are generally required to petition the United States Citizenship and Immigration Service (USCIS) and gain approval of said petition before the case file will be reviewed by a visa section at a US Embassy or US Consulate abroad. Concurrently, the visa applicant is generally required to undergo an interview at the Post with appropriate Consular jurisdiction prior to possible approval of a visa application.

Those seeking a K-1 visa for a Thai fiancee will generally see the visa application processed through the non-immigrant visa unit while those seeking an immigrant visa for a Thai spouse (such as the CR-1 visa or the IR-1 visa) will generally see their visa application consular processed through the immigrant visa unit. In many cases, an approved USCIS petition will be processed through the National Visa Center prior to processing at the appropriate post overseas.

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

Tags: American Visa, American Visa Thailand, consular report of birth abroad, CR-1 Visa, CR-1 Visa Thailand, K-1 Visa, K-1 Visa Thailand, Notary, us embassy thailand, US Visa, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, National Visa Center, Thailand Notary, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

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 some have criticized the current process associated with adjudication and issuance of United States visas. Notably, it would seem that this criticism is mostly concerned with non-immigrant visas such as the B-2 visa (US tourist visa) and the B-1 visa (US business visa). To quote directly from a Reuters story posted on the website airwise.com:

The complicated US visa system hurts tourism and must be reformed if the United States wants to attract lucrative tourism from countries such as China, India and Brazil, travel industry officials said…

Readers of this blog are encouraged to click upon the hyperlinks noted above to read this story in detail and also gain greater insight into this developing issue.

At the time of this writing the United States maintains a system which allows for some nations to receive admission to the USA through a visa waiver program. As noted above: China, India, and Brazil are not included in the visa waiver program. This situation exists notwithstanding the fact that these three nations in association with two others (South Africa and Russia) compose the so-called BRICS group of developing countries with what some would claim is a virtually unlimited capacity for economic growth in the future.

This visa waiver program also entails the so-called “ESTA” (Electronic System For Travel Authorization) program, which requires foreign nationals to pre-register for admission to the United States before beginning their journey to America. It should be noted that in its current form the ESTA program only pertains to nationals from visa waiver participating countries. Therefore, nationals from countries such as China, India, Brazil, Indonesia, and the Kingdom of Thailand cannot benefit from the visa waiver program and the ESTA program as of the time of this writing.

Those interested in further information on such topics are encouraged to visit a few official websites: HERE and HERE. To quote further from the aforementioned piece:

“The challenge we have is the unnecessary, burdensome US visa system,” said USTA president Roger Dow. “It’s really self-imposed barriers that we put on ourselves as a country that have caused us to lose international travel and that have stymied international growth.”

This blogger has heard this argument made in the past and it is certainly salient especially at a time when tourism income is in high demand in an international context. To continue quoting further:

The US visa process from beginning to end can take as long as 145 days in Brazil and 120 days in China, a USTA report said. In contrast, Britain takes an average of 12 days to process visas in Brazil and 11 days in China…

Clearly, the visa processing time differential between the United States and the somewhat similarly socioeconomically situated United Kingdom is a stark contrast. To quote further:

US Senator Amy Klobuchar, a Democrat who chairs a subcommittee focused on export promotion and competitiveness, said the travel industry was important to help President Barack Obama meet his stated goal of doubling exports by 2014. “We see it as part of our economic recovery. I see this as a way to get jobs in our country,” Klobuchar said…

It is refreshing to see a federal legislator like Senator Amy Klobucher from the sovereign State of Minnesota taking the time to investigate an issue that may, at first glance, seem mundane. In point of fact, matters pertaining to United States non-immigrant visas are extremely important as they can have a significant impact upon foreign direct investment in the United States and the amount of money raised by American companies and enterprises offering services to foreign nationals both in the USA and abroad. Finally, a legislator trying to find reasonable solutions to American economic concerns in a reasonable manner! America: Let us not forget, we are one of the most historically fascinating and economically dynamic nations ever to have made our voices heard in the chorus of history. Why do we forget this? We seem to find ourselves constantly debating the minutia of our past transgressions or the history of our geopolitically unique grouping of jurisdictions. We do this when solutions to some of the current economic problems stare us in the face. The reality is that there are many around the world who wish to do business with those in the United States of America. There are many who want to buy our products. There currently exists the distinct possibility that the continent of Asia will have a constantly growing middle class of prospective international travelers for decades into the future. These travelers will likely be traveling for both business as well as pleasure. It stands to reason that many prospective tourists from Asia will make their initial international travel decisions with great care. Therefore, America should continue to be mindful of the fact there exists an international competitive market for income generated from tourism.  It stands to reason that more tourists in America means more tourism income.

From a legal perspective there is something to be said for allowing further membership in the United States visa waiver program as it would lead to fewer overall denied visa applications based upon section 214(b) of the United States Immigration and Nationality Act. Currently, many tourist visa applications are denied pursuant to a presumption in the aforementioned section of U.S. law. This section requires Consular Officers to make the factual presumption that a tourist visa applicant is actually an intending American immigrant unless the applicant can produce sufficient evidence to overcome this presumption. The visa waiver program gets around this 214(b) presumption by waiving the need for an American visa. Simultaneously, the visa waiver program also restricts those foreign nationals admitted into the United States from adjusting status to lawful permanent residence. One may adjust one’s status to lawful permanent residence (Green Card status) from tourist visa status in the U.S.A. under very limited circumstances. The visa waiver program does not permit such adjustment and therefore requires those foreign nationals seeking immigrant status to depart the United States and undergo Consular Processing abroad.

It remains to be seen whether or not US visa policy regarding non-immigrant visas such as those described above will be changed, but clearly there is some momentum behind this rather important issue in Washington D.C.

For related information please see: K-1 visa system, K-3 visa system, or US Company Registration.

Tags: 214 b, 214(b), American Business Visa, American Tourist Visa, American Visa System, B-1 Visa, B-2 Visa, denied visa, Electronic System for Travel Authorization, ESTA, K-1 visa system, K-3 visa system, Lawful Permanent Residence, Section 214(b), United States Visa, US Business Visa, US Company Registration, US Non-immigrant visas, US Senator Amy Klobuchar, US Tourist Visa, US Visa Brazil, US Visa China, US Visa India, US Visa System, US Visa Thailand, Visa Waiver Program
Posted in US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Vladivostok, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Brunei Darussalam, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Kyrgyz Republic (Kyrgyzstan), US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Russia, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Turkmenistan, US Embassy Tuvalu, US Embassy Uzbekistan, US Embassy Vietnam, US Embassy Yangon, US State Department, US Tourist Visa, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »

It recently came to this blogger’s attention that the discretionary powers accorded to Consular Officers at United States Missions abroad with regard to visa issuance are to be expanded to provide further latitude to Consular Officers with regard to the revocation of US visas. To quote directly from Justia.com:

This rule changes Department regulations to broaden the authority of a consular officer to revoke a visa at any time subsequent to issuance of the visa, in his or her discretion. These changes to the Department’s revocation regulations expand consular officer visa revocation authority to the full extent allowed by statute. Additionally, this rule change allows consular officers and designated officials within the Department to revoke a visa provisionally while considering a final visa revocation.

Clearly, this rule would expand the authority currently granted to Consular Officers in adjudicating American visa matters. For those who are unfamiliar with this topic it should be noted that Consular Officers currently maintain virtually un-reviewable discretion in matters pertaining to US visa application adjudication. This discretion occurs pursuant to a doctrine referred to as Consular Non-Reviewability (or colloquially referred to as Consular Absolutism). Pursuant to the philosophy underlying this doctrine Courts in the United States are unlikely to review the decisions of a Consular Officer at a US Embassy or US Consulate abroad unless the Consular Officer’s decision in the matter appears “facially illegitimate” to the Court of competent jurisdiction.

Bearing this in mind the announcement went on to point out the reasoning behind the recent decision to make this rule change:

On occasion, after a visa has been issued, the Department or a consular officer may determine that a visa should be revoked when information reveals that the applicant was originally or has since become ineligible or may be ineligible to possess a U.S. visa. Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) (INA) authorizes the Secretary and consular officers to revoke a visa in their discretion. Current regulations limit the circumstances in which consular officers may revoke visas. In light of security concerns, this amendment grants additional authority to consular officers to revoke visas, consistent with the statutory provisions of the INA. Although this rule eliminates the provisions that permit reconsideration of a revocation, it also allows for the provisional revocation of a visa when there is a need for further consideration of information that might lead to a final revocation. In cases where the person subject to a provisional revocation is found to be eligible for the visa, the visa will be reinstated with no need for reapplication. However, with the exception of provisional revocations, an applicant whose visa has been revoked must apply for another visa, at which time his or her eligibility for the visa will be adjudicated.

In this blogger’s opinion, this rule change could have significant ramifications for prospective visa applicants. That stated, it remains to be seen what the practical implications of this rule change will be. The administration of this web log strongly encourages readers to click on the above hyperlinks to learn more about this topic on Justia.com.

It should be noted that within the text of this memo it was pointed out that this rule is being promulgated pursuant to the Administrative Procedure Act. To quote one final time from the aforementioned document:

This regulation involves a foreign affairs function of the United States and, therefore, in accordance with 5 U.S.C. 553 (a) (1), is not subject to the rule making procedures set forth at 5 U.S.C. 553.

Those who have read this blog in the past may recall that the United States Department of State maintains a mandate to conduct the foreign affairs of the United States and one of the duties that is entailed within this mandate is the duty to adjudicate applications for a US visa. This can include applications for visas such as the B-2 visa (for those wishing to engage in recreational travel in the United States), the K-1 visa (a US fiance visa for the foreign fiance of a US Citizen), the CR-1 visa or IR-1 visa (for the spouse of an American Citizen or Lawful Permanent Resident), or, in increasingly rare instances, a K-3 visa (which is a non-immigrant spouse visa for the husband or wife of an American Citizen). It is even posited that this new discretion could have an effect upon adjudication of L-1 visa and EB-5 visa applications, as well as the possible aftermath thereof. In any case, increased Consular discretion is likely to have an impact upon visa applications across the categorical spectrum of American travel documents.

For related information please see: K-1 Visa Thailand or K-1 Visa Cambodia.

For information related to waivers of grounds of inadmissibility (ineligibility) please see: I-601 waiver or I-212 waiver.

Tags: American Institute, American State Department, Consul, Consular Absolutism, Consular Non-Reviewability, Consular Officer, Consular Processing, CR-1 Visa, Department of State, Facially Illegitimate, Facially Legitmate, final visa revocation, I-212 waiver, I-601 Waiver, Immigrant Visa Unit, IR-1 Visa, IV Unit, K-1 Visa, K-1 Visa Cambodia, K-1 Visa Thailand, K-3 Visa, NIV Unit, Non-Immigrant Visa Unit, provisional visa revocation, US Consulate, US Embassy, US Fiance Visa, US Mission, US Visa Cambodia, us visa denial, US Visa Denied, US Visa Thailand, Vice Consul, visa denial, visa denied, visa eligibility, visa revocation
Posted in I-601 Waiver, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Vladivostok, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Brunei Darussalam, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Kyrgyz Republic (Kyrgyzstan), US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Russia, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Turkmenistan, US Embassy Tuvalu, US Embassy Uzbekistan, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa and Immigration, US Visa Thailand | No Comments »

This blogger writes this post in transit between the Vientiane, Laos and Bangkok, Thailand having been retained to assist with Consular Processing at the Post in Laos. It came to this blogger’s attention while physically outside of the US Embassy compound that the Post in Vientiane will be closed on April the 8th for training purposes. This alone would not have concerned this blogger a great deal as United States Missions abroad routinely close local posts in order to use the closure as an opportunity to train personnel. Therefore, those reading this should not necessarily make the assumption that the Post in Vientiane is closing in anticipation of a government shutdown. That said, the forthcoming information, in conjunction with that noted above gave this blogger pause.

Bearing the above paragraph in mind, this blogger was also notified that the US Embassy in Bangkok has been calling prospective visa beneficiaries with upcoming visa interview appointments in order to attempt to reschedule pending visa interviews. It would appear that this is being done in response to the belief that a government shutdown is possibly imminent and should such a shutdown actually occur it would likely result in the closure of the various Immigrant Visa Units and Non-Immigrant Visa Units at US Missions abroad.

In a previous posting on this blog, the administration analyzed the possible ramifications of such a state of affairs and those reading this posting are encouraged to look at that post in order to learn more about this rather serious issue. The previous posting on this issue can be found at: Government Shutdown.

A few notes on the US Embassy in Vientiane, Laos; first, three words accurately describe this Post: courteous, professional, and efficient. The foreign-language officers are extremely helpful and the English-language officer aptly engaged in staying on top of what, to this blogger, appeared to be  substantial caseload and simultaneously dealing with applicants very politely all while checking documents and doing the routine due diligence required of Consular Officers stationed overseas.

At the time of this writing, it remains to be seen whether or not a government shutdown will actually occur, but should the government shutdown, then this could have a substantial impact upon US visa applications for visas such as the CR-1 visa, the K-1 visa, the IR-1 visa, and the K-3 visa. Meanwhile, processing of business visas such as the EB-5 visa and the L-1 visa could also be impacted by a shutdown of the United States government. There is some speculation as to whether or not the United States Citizenship and Immigration Service (USCIS) will shutdown as a result of possible government closure as USCIS is self-funded by petition and application fees (although that agency did receive money from the US government last year in order to cover a funding shortfall).

As this situation evolves, the administration of this blog will attempt to keep readers updated.

Tags: American Embassy Laos, American Embassy Thailand, American government shutdown, American Visa Process Government Shutdown, CR-1 Visa Process Government Shutdown, Department of States, EB-5 Visa Process Government Shutdown, IR-1 Visa Process Government Shutdown, K-1 Visa Process Government Shutdown, L-1 Visa Process Government Shutdown, us embassy bangkok, US Embassy Laos, us embassy thailand, US Embassy Vientiane, US government shutdown, US Visa Laos, US Visa Process Government Shutdown, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, News, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Vladivostok, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Brunei Darussalam, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Kyrgyz Republic (Kyrgyzstan), US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Russia, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Turkmenistan, US Embassy Tuvalu, US Embassy Uzbekistan, US Embassy Vietnam, US Embassy Yangon, US State Department, US Tourist Visa, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The administration of this blog has been monitoring the evolving situation in the United States of intrastate legislation among some of the sovereign 50 States to reform legal tender laws. There are some recent developments regarding this interesting and legally complex issue that could have ramifications for the global commodities markets, global business community, APEC, ASEAN, Thailand, and China. To quote directly from Stephen Dinan, The Washington Times, in a post on the TruthAlliance.net website entitled “Utah Senate Passes Gold/Silver Legal Tender Law; Awaits Governor Signature“:

The Utah Legislature on Thursday passed a bill allowing gold and silver coins to be used as legal tender in the state — and for the value of their precious metal, not just the face value of the coins.

In a previous posting on this blog it was noted that the lower chamber of Utah’s government, the Utah House of Representatives, had passed the legislation referred to above, but at that time there seemed to be little information pertaining to the reasoning behind the passage of such legislation. The article cited above is quite informative in its coverage of this unfolding situation. To quote further from the aforementioned article:

The legislation directs a state committee to look at whether Utah should recognize an official alternate form of legal tender which could become a path for creating a formal state gold standard.

A spokeswoman for Gov. Gary R. Herbert, a Republican, said he has not yet taken a public stance on the bill.

State Rep. Brad J. Galvez, the chief sponsor of the measure, said he views it as a preliminary step on the path toward securing Utah’s business climate.

“If the dollar continues to fall, what this will do will help stabilize the value of the dollar in Utah, so it helps stabilize the economy,” Mr. Galvez, a Republican, said.

While similar legislation has been proposed in nearly a dozen states, Mr. Galvez said that if Mr. Herbert signs his bill, Utah will be just the second state to official recognize the coins as legal tender. Colorado has recognized gold and silver for decades, he said.[sic]

Those reading this posting are encouraged to click on the hyperlinks above to read the text of this article in full.

Clearly, Utah is not the only American State that is taking monetary measures with an eye toward maintaining a comparative advantage in the national and international business markets along with a healthy State economy. It will be interesting to see what position will ultimately be taken by the Governor of Utah as his stance on the issue has yet to be discerned as of the time of the writing cited above. Issues involving the currency within States can have tremendous ramifications and it would appear that due consideration is being taken.

The article was also notable for this blogger as it elucidated a thought from a legislator in Virgina who is advocating for similar legislation in that State. To quote further from the article by Stephen Dinan:

In Virginia, Delegate Robert G. Marshall, a Republican, successfully pushed through a bill — not yet signed by the governor — that authorizes the state to mint gold, silver and platinum coins. He said that there is probably a good market for collectors who would prefer not to have to buy federally minted coins and said state-minted ones would create a backstop against inflation.

“I’m looking at Congress, and I’m looking at what the Chinese are doing, and I don’t have a lot of confidence in what’s going on there,” Mr. Marshall said. “This is one way where Virginia can help our citizens as a security hedge against the inflationary action of Congress.”

This was an interesting insight for this blogger because it provides hope that more legislators on the State level are looking abroad when formulating policies which are designed to have a direct impact upon the lives of State Citizens. Although the United States Federal government’s enumerated powers provide wide latitude in matters of an international character, some international trends can have a significant economic impact upon the economics of a purely intrastate nature. Therefore, in the world in which we now live even legislators at the State level must have an eye on the evolving business and economic dynamics of countries as far geographically afield as Thailand, China, or any of the Association of Southeast Asian Nations (ASEAN) Member states in order to make fully informed decisions regarding the enactment of legislation which could impact those within that legislature’s jurisdiction.

As noted in the quotation above, the Governor of Virginia has yet to sign the legislation pending in that State. Therefore, the ultimate outcome remains to be seen, but one thing remains clear: few lawmakers are taking this legislation lightly as evidenced by the alacrity of these legislatures’ votes and the taciturn position of these States’ respective Governors.

This issue is coming to the foreground of the national political spectrum at a time when the legal issues surrounding the issue of same sex marriage and interstate Full Faith and Credit Clause interpretation versus the Federal-State sovereign relationship in the context of same sex marriages legalized and solemnized pursuant to the laws of sovereign American States is coming to the attention of the United States Federal Appellate Courts in the form of cases which have the potential to directly contravene the provisions of the so-called “Defense of Marriage Act” (DOMA). In an American Immigration context, Federal legislators such as Representative Jerrold Nadler of New York have continued to push legislation such as the Uniting American Families Act (UAFA) which would allow the United States Department of Homeland Security and the Department of State to adjudicate petitions for same sex “permanent partners” of United States Citizens and Lawful Permanent Residents in the same manner as different sex couples.  How the issues associated with legal tender reform and the issues associated with Full Faith and Credit for State recognized same sex marriages will be resolved remains to be seen, but clearly such issues will remain noteworthy as time goes on.

For information related to these issues please see: US Visa Thailand or Same Sex Visa.

Tags: Governor Gary R. Herbert, Governor of Utah, Governor of Virginia, Legal Tender Reform, Same Sex Marriage, The Utah Specie Tender Act of 2011, Uniting American Families Act, Utah House Bill 317, Utah House of Representatives, Utah Legislature, Utah Senate, Utah State Representative Brad J. Galvez, Virginia Delegate Robert G. Marshall
Posted in American Business, American Institute Taiwan, ASEAN Business, Cambodia Business, China Business, Fiance Visa Thailand, Myanmar (Burma) Business, News, Online Gaming, States' Rights, Thailand Business, Upcoming Legislation, US Constitution, US Visa Thailand | No Comments »

It recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) may be changing some of the procedures associated with the processing of immigration petitions pertaining to the application for issuance of the CR-1 visa, IR-1 visa, K-1 visa, and K-3 visa filed by United States Citizens and Lawful Permanent Residents. To quote directly from a recent USCIS Memo posted on ILW.com:

This memorandum provides guidance to USCIS service centers regarding changes in the handling of all stand-alone I-130 and I-129F petitions filed by petitioners who have been convicted of any “specified offense against a minor” under the Adam Walsh Child Protection and Safety Act of 2006 (“Adam Walsh Act” or “AWA”) and related issues.1 This memorandum applies only to petitions that are adjudicated at the service centers and not to petitions adjudicated at USCIS field offices.

Generally I-130 petitions (the categorical designation used to refer to the petition for a CR-1 visa or an IR-1 visa) are processed by the USCIS Service Center designated by the lockbox upon receipt. In some cases, it may be possible to process an I-130 petition at one of the various USCIS field offices located abroad, such as the USCIS office in Bangkok. The I-129f petition (categorical designation used to denote the US fiance visa or K1 visa) can only be processed at a USCIS Service Center in the USA as the field offices overseas do not process such petitions as of the time of this writing. To quote further from the previously mentioned memorandum:

USCIS will centralize at VSC all files currently at service centers if the service center adjudicator has made a preliminary determination that the petition warrants review as an AWA-related case. The VSC will serve as a central clearinghouse for inquiries from Federal, State, and local agencies regarding AWA-related cases that are pending or were recently adjudicated at one of the four service centers [hereafter referred to as “originating service center” or “sending service center”]. While AWA-related cases require special handling, the decision to centralize AWA-related adjudications at the VSC will affect caseloads at other service centers only minimally.

Clearly, the United States Citizenship and Immigration Service (USCIS) is making policy changes in an effort to take steps to more efficiently process cases requiring further scrutiny pursuant to the Adam Walsh Act (AWA). In a way, the Vermont Service Center’s role in AWA-related cases is somewhat similar to the role of the National Visa Center in the overall US visa process as that agency is tasked with acting as a sort of clearinghouse for visa applications arriving from USCIS and being processed out to a US Embassy or US Consulate abroad. Although, NVC is under the authority of the Department of State whereas the Vermont Service Center (like the other USCIS Service Centers) is under the jurisdiction of the Department of Homeland Security (DHS) and USCIS.

For related information please see: Adam Walsh Act.

Tags: Adam Walsh Act, American Immigration Attorney, American Immigration lawyer, American Visa Attorney, American Visa Lawyer, AWA, CR-1 Visa, CR-1 Visa Thailand, IR-1 Visa, K-1 Visa, K-1 Visa Burma, K-1 Visa Cambodia, K-1 Visa China, K-1 Visa Hong Kong, K-1 Visa India, K-1 Visa Indonesia, K-1 Visa Laos, K-1 Visa Myanmar, K-1 Visa Philippines, K-1 Visa Singapore, K-1 Visa Taiwan, K-1 Visa Thailand, K-1 Visa Vietnam, K-3 Visa, K-3 Visa Thailand, K1 Visa Cambodia, K1 Visa Laos, K1 Visa Thailand, K1 Visa Vietnam, National Visa Center, NVC, United States Citizenship and Immigration Service, US Immigration attorney, US Immigration Lawyer, US Visa Attorney, us visa lawyer, US Visa Thailand, USCIS, USCIS Processing Times
Posted in CR1 Visa, Department of Homeland Security, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, National Visa Center, US State Department, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In recent months the likelihood of a government shutdown seems to be increasing as the politicians in the United States capital seem to be more polarized than ever. Meanwhile, some are arguing in favor of a shutdown (even going so far as to advocate for an extended period of governmental closure). At the same time, others argue against a shutdown. Regardless of one’s opinion either way, it seems possible that a shutdown may occur, and in the event that a shutdown does come to pass, those processing an immigration matter may be prudent to research the impact that a shutdown might have upon the immigration process.

The following was quoted directly from a recent posting on the website CaldwellTeaParty.org:

The next month will be marked by intense negotiations on the debt ceiling, and the GOP will then have to decide on a shutdown or a bipartisan budget deal with Kent Conrad and his allies.

The above citation most clearly and concisely sums up the current state of affairs regarding the possibility of a government shutdown. The administration encourages readers to click on the above links as this issue is quite complex. Those interested in understanding the ramifications of a government shutdown may be best informed by this administration quoting directly from Wikipedia:

A government shutdown occurs when a government discontinues providing services that are not considered “essential.” Typically, services that continue in spite of a shutdown include police, fire fighting, armed forces, utilities, air traffic management and corrections.

A shutdown can occur when a legislative body (including the legislative power of veto by the executive) cannot agree on a budget financing its government programs for a pending fiscal year. In the absence of appropriated funds, the government discontinues providing non-essential services at the beginning of the affected fiscal year. Government employees who provide essential services, often referred to as “essential employees”, are required to continue working.

Although the above citation clears up the issue of what constitutes a government shutdown, the question likely on the mind of those with foreign loved ones processing through the immigration system is: how would a government shutdown impact the processing of my loved one’s visa? The answer: a Federal government shutdown would result in a sort of “freeze” of most of the immigration apparatus as this falls within the bailiwick of the Federal government. Therefore, a Federal shutdown would likely result in little, if any, action being taken with regard to adjudication of visa applications  at each US Embassy or US Consulate abroad. For further insight it may be best to quote directly from a recent posting on the Diplopundit blog:

In 1995, all visa applications are walk-in.  Today, a good number of consular sections have online appointment systems. Which means, visa appointments will have to be canceled and rescheduled if there is a shutdown.  Consular sections may only be open for life and death emergencies. That means lost passport applications, reports of births abroad, adoption cases, notarials, etc. will all have to wait until the Federal government reopens.

The administration of this blog highly encourages readers to click on the above hyperlinks as the quotation above was found in a very interesting and detailed posting dealing with these issues.

Clearly, the ramifications of a government shutdown will be severe for those awaiting processing of a visa application. Meanwhile, it would appear as though USCIS will continue to operate as normal despite a possible shutdown. To quote directly from the website Martindale.com:

USCIS has announced that, because it is funded by filing fees, it should remain open during a government shutdown. The operations of the four Service Centers should remain largely unaffected. Local USCIS District Offices should also remain open.

Again, this blogger highly encourages readers to click on the hyperlinks above to learn more.

Notice that the above quotation uses the word should. This blogger only points this out as it goes to show how difficult it is to foretell what the impact of a government shutdown would be on the United States Citizenship and Immigration Service (USCIS) since that agency has attempted to remain self-funded through application fees. That said, the overall issue of government shutdown has yet to fully manifest itself, but that should not be construed to mean that it will not. In fact, those seeking American visas are likely to see an overall slowdown in the overall processing of cases as a result of a shutdown (should one actually occur, which remains to be seen).

Tags: American government shutdown, American Visa Process Government Shutdown, US Consulate shutdown, US Embassy shutdown, US government shutdown, US Visa Process Government Shutdown, USCIS shutdown
Posted in CR1 Visa, Department of Homeland Security, E1 visa, E2 Visa, EB5 Visa, I-601 Waiver, IR1 Visa, J1 visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, News, Transportation Security Administration (TSA), US Business, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Vladivostok, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Brunei Darussalam, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Kyrgyz Republic (Kyrgyzstan), US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Russia, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Taxes, US Tourist Visa, US Visa, US Visa and Immigration, US Visa Thailand, USCBP, USCIS, USICE, Visa Waiver | No Comments »

It recently came to this blogger’s attention that the Department of Homeland Security‘s United States Citizenship and Immigration Service (USCIS) has implemented a program to issue advance parole authorization on the same document as that of employment authorization. To quote directly from the official website of the United States Citizenship and Immigration Service (USCIS):

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents.

The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads, “Serves as I-512 Advance Parole.” A card with this text will serve as both an employment authorization and Advance Parole document. The new card is also more secure and more durable than the current paper Advance Parole document.

For those who are unfamiliar with the K-1 visa process, the adjustment of status occurs after a foreign fiancee arrives in America, marries the American petitioner, and files to have their status regularized to that of Lawful Permanent Resident. The card that is given to the foreign spouse is often colloquially referred to as a “Green Card”. Prior to adjustment of status, if a foreign fiancee leaves the USA, then they will need to obtain an advance parole travel document in order to keep their visa status alive and thereby permit reentry to the USA. Failure to obtain advance parole could result in a foreign fiancee losing his or her visa upon departure from the USA and thereby compelling them to go through the whole process anew.

An employment authorization document permits foreign fiancees in the United States on a K-1 visa to work prior to being approved for Green Card status. In many instances, couples opt not to apply for employment authorization and simply await the foreign fiance’s adjustment to Lawful Permanent Residence.

Once a foreign fiance is adjusted to lawful permanent residence, he or she may still be required to eventually apply for a lift of conditions. Those in the USA as a lawful permanent resident based upon marriage are placed in conditional status for the first two years of their presence in the USA if the couple was married less than 2 years at the time they acquired lawful permanent residence.

The above analysis could be utilized for K3 visa purposes as well. However, as the K-3 visa is currently being issued in very rare instances due to administrative closure policies at the National Visa Center, this blogger only mentions this issue as an aside.

For related information please see: K-1 Visa Thailand.

Tags: Adjustment of Status, Green Card, K-1 Visa, K-1 Visa Burma, K-1 Visa Cambodia, K-1 Visa China, K-1 Visa India, K-1 Visa Indonesia, K-1 Visa Laos, K-1 Visa Malaysia, K-1 Visa Myanmar, K-1 Visa Taiwan, K-1 Visa Thailand, K-3 Visa, K-3 Visa Cambodia, K-3 Visa China, K-3 Visa India, K-3 Visa Indonesia, K-3 Visa Laos, K-3 Visa Myanmar, K-3 Visa Taiwan, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, Lawful Permanent Residence
Posted in Adjustment of Status, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Those who read this web log with any frequency may have noticed that the administration routinely posts the estimated processing times of the United States Citizenship and Immigration Service (USCIS) as both a courtesy to our clients and the public-at-large. The following estimated processing times were quoted directly from the official website of the United States Citizenship and Immigration Service (USCIS):

Those pondering the prospect of petitioning for Immigration benefits should note that the above estimated processing times only account for USCIS processing and do not take into account possible processing at the United States National Visa Center (NVC) as well as Consular Processing times at a US Embassy, US Consulate, American Institute, or US Mission abroad.

For related information please see: US fiance visa.

Tags: American Institute, National Visa Center, United States Citizenship and Immigration Service, United States Citizenship and Immigration Service processing time, United States Citizenship and Immigration Service processing times, US Consulate, US Embassy, US Fiance Visa, USCIS
Posted in American Institute Taiwan, CR1 Visa, Department of Homeland Security, EB5 Visa, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, US Citizenship, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »