Integrity Legal

Posts Tagged ‘Americans Resident Abroad’

9th August 2011

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.

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4th August 2011

It recently came to this blogger’s attention that the US Embassy in Bangkok, Thailand is poised to begin exclusively offering routine services at the American Citizen Services section of the Post by appointment only. In order to provide further insight into these developments it is necessary to quote directly from the official website of the United States Embassy in Bangkok, Thailand:

Beginning September 1, 2011, all non-emergency consular services will require an appointment. We hope that this will assist us in providing prompt and efficient consular services to American Citizens residing in Thailand.  Please plan accordingly.

For those who are unfamiliar with matters pertaining to United States Missions abroad it should be noted that an American Citizen Services section of a US Embassy, US Consulate, or American Institute provides many services for Americans resident abroad. Such services include, but are not limited to, US Passport issuance, Consular Report of Birth Abroad issuance, Notary Services, and issuance of additional pages to a previously issued US Passport. It has always been this blogger’s personal experience that the ACS unit of the US Embassy in Bangkok handles matters in an efficient and courteous manner. That stated, the unit always seems hectically busy and it would appear that the new policy is aimed at streamlining the processing of pertinent requests.

Those seeking information regarding visas and immigration to the United States should look for information regarding Immigrant Visa Units and/or Non-Immigrant Visa Units at US Posts abroad as those sections are generally tasked with adjudicating applications for visas such as the B-2 visa, the K-1 visa, the CR-1 visa, and the IR-1 visa.

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30th April 2011

Over the years this blogger has seen large numbers of tourists flock to the Kingdom of Thailand as well as the neighboring nations of Laos, the Union of Myanmar (referred to by some as Burma), Malaysia, and the Kingdom of Cambodia. At the same time, this blogger has also witnessed the metamorphosis of some of these tourists into entrepreneurs by remaining in some of these countries (as well as other jurisdictions in Greater Asia such as Indonesia, Vietnam, China, Taiwan, Singapore, Hong Kong, South Korea, Nepal, Macau, India, and Sri Lanka; to name only a few) in a business context for many years and; for some, even decades or a whole lifetime. Whatever the circumstances of those Americans Resident Abroad remaining in the region of economies increasingly being labeled by both the mainstream and alternative media outlets by their affiliation with the Association of Southeast Asian Nations (ASEAN) one thing is clear: the economies of Asia are set to expand at an incredible rate by relative historical comparison. Therefore, it stands to reason that there are likely to be more Americans doing business in these jurisdictions. This state of affairs is occurring at a time when the potential of the internet and the World Wide Web first noted little more than a decade ago is beginning to become fully realized by businesses large and small. As e-commerce becomes an evermore ubiquitous facet of virtually every enterprise’s business strategy it is becoming more clear that many business functions are increasingly being performed by businesses of all sizes online and, in some cases, these businesses are even being maintained from an entrepreneur’s home.

This phenomenon is interesting for this blogger to note from the perspective of an American who is resident in Bangkok, Thailand as the Thai shop-house business model of maintaining a residence and business premises within close proximity has lead to a thriving small business community in the vast metropolis that is Greater Bangkok. This thriving business community, coupled with many of the other positive factors associated with doing business in Thailand, has lead to a vibrant economy that remains conducive to further foreign investment by entrepreneurs and businesses seeking to derive economic benefits both in Thailand and throughout the Asian markets. Of possible importance to Americans resident abroad or those thinking of residing abroad are the issues noted above as well as those associated with ownership of Thai property or Thai real estate especially in the form of a Thai Condominium.

In Thailand, as well as throughout many jurisdictions in Asia, there are restrictions placed upon foreign ownership of real estate. Although there are provisions allowing for foreign ownership of Thai property in many cases it is difficult, if not impossible, for a foreign national to secure freehold title (referred to as Chanote title in Thailand) in Thai real property such as land. However, it may be possible for a foreign national in Thailand, such as an American Citizen, to conveniently secure freehold title to a Thai Condo if the provisions of various laws and regulations on this issue, such as the Thai Condominium Act, are adhered to. Meanwhile, a foreign national who owns a Condo in Thailand may be qualified to receive a Foreign House Registration Booklet (referred to as a Tabien Baan for Thais or a Foreign Tabien Baan, or Yellow Tabien Baan for foreign nationals). Taking the aforementioned factors into consideration, in conjunction with the fact that for American Citizens and American Companies in Thailand there may be benefits pursuant to the provisions of various legal instruments such as the US-Thai Treaty of Amity which may provide the privilege of virtually 100% ownership of a Company in Thailand with “National Treatment” for certain business undertakings, one is left with little doubt that there are tangible legal benefits which could be accrued to the favor of Americans resident in Thailand conducting business in the ASEAN region as well as the regions of Greater Asia. Therefore,  investing in what this blogger would refer to as a “Thai Pad” (which non-literally alludes to the IPad-like gadgets allowing for increasingly easy real time access to the internet as well as the exponentially beneficial combination of privileges accruing to owners of Thai property registered on a Yellow Tabien Baan in conjunction with the advantages which may be had for Americans resident abroad utilizing a Thai company certified under the US-Thai Amity Treaty) could prove to have been prudent by future analysts in both tangible as well as intangible terms.

For related information please see: US Company Registration.

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