Integrity Legal

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 a former officer at the United States Citizenship and Immigration Service (USCIS) has been sentenced in connection to charges stemming from apparent corruption. In order to provide further insight it is necessary to quote directly from the official website of the United States Immigration and Customs Enforcement Service (USICE, although sometimes colloquially referred to as ICE) website, ICE.gov:

LOS ANGELES — A former supervisor with U.S. Citizenship and Immigration Services (USCIS) and his son were sentenced Thursday on federal corruption charges to 60 months and 48 months in prison, respectively, following an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations and the Department of Homeland Security’s Office of Inspector General. Fernando Jacobs, 72, of Upland, Calif., and his son, Patrick Jacobs, 44, of Ontario, Calif., were sentenced by U.S. District Judge George H. King. Judge King also ordered Fernando Jacobs to pay a $30,000 fine. Fernando Jacobs was remanded into custody to begin serving his prison sentence immediately. Patrick Jacobs has been in custody since his arrest in December 2009. Fernando Jacobs, who was a supervisory immigration services officer with USCIS, and Patrick Jacobs were convicted by a jury of conspiracy, bribery and honest services wire fraud. Additionally, Fernando Jacobs was also convicted of visa fraud. The evidence presented during the two-week trial in U.S. District Court in April showed the elder Jacobs accepted bribes in exchange for helping aliens seeking status in the United States and that his son acted as a middleman brokering deals with those individuals. “The significance of public corruption cases like this cannot be overestimated,” said U.S. Attorney André Birotte, Jr. “The American public demands honest government service and the Department of Justice is committed to policing government and preserving the public trust.” The evidence showed the elder Jacobs and his son engaged in a scheme to defraud USCIS of Fernando Jacobs’ honest services, using his authority and official position to enrich themselves by receiving payments in return for various actions…

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

It has always been this blogger’s experience that officers of the USCIS are upright, hardworking, and forthright individuals; but notwithstanding this fact there are instances where corruption can exist in any organization. Therefore, it is a genuine relief to see prompt action to discourage this behavior while simultaneously seeing that those engaged in illegal activity are brought to justice. Hopefully further efforts will yield more efficient and effective government in the future as such factors could result in more efficient and faster processing times for adjudication of bona fide immigration petitions and applications.

In news pertaining to the Association of Southeast Asian Nations (ASEAN), it recently came to this blogger’s attention that China considers engagement with ASEAN in the future as both important and strategic. To provide further insight it is necessary to quote directly from the online Asia Times website, ATimes.com:

Under its “good neighbors policy”, Beijing naturally considers improving relations with ASEAN an important strategic task. China has built up a strategic partnership with the 10-member ASEAN since 2003, and also with some of its members, one after another…

This article was also very noteworthy to this blogger because it highlighted some interesting issues arising in ASEAN and the future of the geopolitical situation in said region. The author, “an Assistant Professor of the Institute of International Studies at Fudan University,” Dr Jian Junbo, provides fascinating insights into the possible role of China in the Asia-Pacific region in the coming years:

China should help ensure regional public security with its growing military capability. Beijing should be broader-minded than its neighbors in regard to the use of its military to maintain regional stability by fighting piracy, terrorism and other international crimes in the Pacific Ocean. Instead of flexing its military muscle in territorial disputes, China should encourage political, economic and cultural integration in East and Southeast Asia. All in all, China should reshape its Asia strategy with an aim to functioning as a stabilizing force, while maintaining its strategy to keep a balance with the influence of the US in this region…

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

As economic and cultural integration increases in ASEAN, the so-called BRICS countries, the Asia-Pacific region, and the United States of America it stands to reason that further economic development will occur exponentially as a result of the current economic “cross-pollination” phenomenon which is happening at a rather rapid rate in the Pacific compared to roughly 10 years ago. As the economies of Greater Asia continue to prosper there are some who could argue that many financial and economic benefits will be accrued to the benefit of all concerned.

– Benjamin Walter Hart

For information about registering a company in America please see: US Company Registration.

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

Tags: ASEAN, Asia strategy, ASsociation of Southeast ASian Nations, Beijing, bribery, China, Department of Homeland Security, Department of Homeland Security Office of Inspector General, Department of Justice, East Asia, good neighbors policy, Homeland Security Investigations, honest services wire fraud, ICE, immigration services officer, Institute of International Studies at Fudan University, international crimes, Jr., jury of conspiracy, Pacific Ocean, Southeast Asia, supervisory immigration services officer, territorial disputes, U.S. Attorney André Birotte, U.S. Citizenship and Immigration Services, U.S. District Court, U.S. District Judge George H. King, U.S. Immigration and Customs Enforcement, United States Citizenship and Immigration Service, US Company Registration, USCIS, USICE, visa fraud
Posted in ASEAN Business, ASEAN Visa, US Business, US Company Registration, USCIS, USICE | No Comments »

It recently came to this blogger’s attention that a senior American diplomat was recently noted for discussing matters pertaining to the Association of Southeast Asian Nations (ASEAN) and the Asia-Pacific region. In order to provide further insight into these developments it is necessary to quote directly from the DAWN website, DAWN.com:

Kurt Campbell, the Assistant Secretary of State for East Asian and Pacific Affairs, added in an interview with The Australian newspaper that there was more to US-Asia diplomacy than Washington’s relationship with Beijing. “One of the most important challenges for US foreign policy is to effect a transition from the immediate and vexing challenges of the Middle East to the long-term and deeply consequential issues in Asia,” Campbell said. He made clear this did not mean Washington would neglect its responsibilities in the Middle East, but was rather a desire to deepen relations with the Asian region. And while efforts were being made to enhance Washington’s dialogue with China, it was more than just relations with Beijing that were important. “I think what you see is an across-the-board effort (by the US) to articulate India as playing a greater role in Asia,” said Campbell, a key aide to US Secretary of State Hillary Clinton…

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

It was interesting for this blogger to note that there appears to be something of a shift in attitude toward the ASEAN region as Asia in general is viewed as playing an increasingly important role in the global economy. As the Asia-Pacific and ASEAN regions continue to show signs of future growth it stands to reason that countries such as China and India, or any of the so-called BRICS countries for that matter, will become economically more connected to the geographic area. Meanwhile, hopefully American policies in the region will be such that further Asian-American trade and business is generated.

In matters related to American immigration, it recently came to this blogger’s attention that the American Bar Association has recently made resolutions regarding the unlicensed practice of law in an immigration context. In order to provide further details on these developments it is necessary to quote directly from the official website of Law Professor Blogs, LawProfessorBlogs.com:

FURTHER RESOLVED, That the American Bar Association supports measures to combat the unauthorized practice of immigration law (UPIL) and immigration practitioner fraud.
FURTHER RESOLVED, That the American Bar Association encourages federal, state, and local governments to adopt laws that:
(a) Create a private right of action for victims of UPIL or immigration practitioner fraud.
(b) Provide criminal penalties for engaging in UPIL or immigration practitioner fraud that would give federal and state authorities the right to investigate and prosecute those engaging in UPIL or immigration practitioner fraud.
FURTHER RESOLVED, That the American Bar Association urges the Department of Homeland Security (DHS) and Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) to make accommodations for victims of immigration practitioner fraud, including:
(a) Allowing the withdrawal without prejudice of submissions in cases in which a noncitizen can establish that his or her immigration filings were created or submitted by an individual engaged in UPIL or immigration fraud or alternatively, developing a means for submitting corrected filings which will supersede the documents previously filed.
(b) Allowing the U non-immigrant visa to be available for victims of immigration fraud who cooperate with federal, state, or local law enforcement, as well as state bars…

The administration of this web log asks readers to click upon the relevant hyperlinks noted above to read these resolutions in detail.

Clearly the ABA is taking policy stances in an attempt to reverse the trend of unlicensed legal practitioners preying upon an unsuspecting public in immigration matters. As previously noted in the pages of this web log, those seeking advice and counsel regarding US visa matters are well advised to check the credentials of anyone claiming qualification to practice American immigration law as only a licensed American attorney is permitted to accept client fees in order to engage in the practice of American law. Hopefully, policies will be officially promulgated to address the problem of unscrupulous individuals and organizations defrauding the public.

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

Tags: American Bar Association, American Immigration, ASEAN, Asia-Pacific region, Assistant Secretary of State for East Asian and Pacific Affairs, ASsociation of Southeast ASian Nations, BRICS, Department of Homeland Security, Department of Justice, DHS, DOJ, EOIR, Executive Office for Immigration Review, immigration practitioner fraud, India, licensed American attorney, licensed American lawyer, U non-immigrant visa, U Visa, unauthorized practice of immigration law, UPIL, US foreign policy, US Secretary of State Hillary Clinton, US-Asia diplomacy
Posted in US Mission ASEAN, US State Department, US Visa and Immigration | 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 the often venerated alternative media outlet ZeroHedge.com has posted an analysis of issues pertaining to a proposed change to the forms used by those seeking a US Passport. To provide further insight it is necessary  to quote directly from the Zero Hedge website, ZeroHedge.com

In the US, the government now requires all citizens to have a passport in order to pass the border, even when driving into Mexico or Canada. Obtaining a passport, however, is neither free nor guaranteed.  You must apply, pay an ever-increasing fee, and wait for weeks to be approved and receive it. Recently, the State Department quietly proposed a new ‘biographical questionnaire’ in lieu of the traditional passport application. The new form requires you to provide things like:

- names, birth places, and birth dates of your extended family members
– your mother’s place of employment at the time of your birth
– whether or not your mother received pre-natal or post natal care
– the address of your mother’s physician and dates of appointments
– the address of every place you have ever lived in your entire life
– the name and address of every school you have ever attended

Most people would find it impossible to provide such information, yet the form requires that the responses ‘are true and correct’ under penalty of imprisonment. Naturally, the privacy statement on the application also acknowledges that the responses can be shared with other departments in the government, including Homeland Security. If this proposal passes, then US citizens will have a nearly insurmountable hurdle to obtain a passport and be able to leave the country at will…

The administration of this blog asks readers to click upon the relevant hyperlinks noted prior to this excerpt. Also, it is advisable to click upon the hyperlinks contained within this quotation in order to understand this situation in context.

Each year, many Americans traveling abroad, or those Americans resident abroad, renew their passport at an American Citizen Services section of a US Embassy or US Consulate abroad. It has always been this blogger’s opinion that personnel of the Department of State who handle such matters do so in an efficient and courteous manner. Meanwhile, many United States Citizens opt to seek passport renewal in the USA. This blogger has undertaken both endeavors and in each case the officers involved processed the request quickly and with little difficulty. Although it remains to be seen how the proposed questionnaire would actually impact the processing of passport issuance requests one can hope that the process will not become overly cumbersome.

In news pertaining to the struggle for LGBT Equality, it recently came to this blogger’s attention that a woman in the sovereign State of New York is challenging the legal status and Constitutionality of the provisions of the so-called “Defense of Marriage Act” (DOMA). In order to provide the reader with some relevant insight it is necessary to quote directly from an article by Mark Hamblett for the New York Law Journal posted on Law.com:

Challengers to the federal Defense of Marriage Act insist that every justification offered by Congress for defining marriage exclusively as between a man and a woman is contrary to logic and the law. In summary judgment papers filed in the Southern District of New York, lawyers for Edith Schlain Windsor argue that there is no good reason for treating her marriage to the late Thea Clara Spyer any differently than a heterosexual union. Read Ms. Windsor’s motion and memorandum. Ms. Windsor’s lawyers call the Defense of Marriage Act (DOMA) a radical measure and a clear violation of the right to equal protection of the laws under the Fifth Amendment to the U.S. Constitution. “DOMA is a sweeping statute that rewrites over one thousand federal laws and overturns the federal government’s long-standing practice of deferring to state determinations of marital status,” the lawyers claim in a memorandum asking Magistrate Judge James C. Francis IV for summary judgment in the case of Windsor v. United States, 10-cv-8435. “Throughout history, the federal government has never married people, leaving that to the states…”

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

Those unfamiliar with the current predicament of the LGBT community should note that in immigration matters same sex bi-national couples, even those who have entered into a same sex marriage in one of the sovereign American States which legalize and/or solemnize such unions, are unable to petition for the same immigration benefits as their different-sex counterparts. In order to attempt to remedy this particular discrepancy Representative Jerrold Nadler recently introduced legislation such as the Uniting American Families Act (UAFA). The Respect for Marriage Act was also introduced by Representative Nadler in order to remedy the issue of “certainty” in such cases. As of the time of this writing, neither of these bills has seen enactment although there has been recent news that the Senate Judiciary Committee may be holding hearings pertaining to the Respect for Marriage Act soon. On a related note, the Reuniting Families Act, which apparently includes UAFA-like language, was lately introduced by Representative Mike Honda although passage of this legislation remains to be seen.

There is certainly an “equal protection” component to any argument against DOMA, but relatively few commentators seem to take note of the fact that the way DOMA is currently enforced may also violate notions of States’ Rights. Generally, matters pertaining to the prerogatives of the Several States are debated by the United States Congress before enactment of legislation which maintains interstate compliance with the provisions of the Full Faith and Credit Clause of the United States Constitution. In this case, Congress has arguably abrogated the notion of Full Faith and Credit inherent in the provisions of the Full Faith and Credit Clause since section 3 of DOMA effectively renders the prerogatives of the sovereign States ineffective when it comes to the issue of same sex marriage.

The issues associated with DOMA have yet to be fully resolved, but it seems likely that these matters may remain contentious both inside the Courtrooms of America and elsewhere.

Tags: 10-cv-8435, American Passport, biographical questionnaire, Canada, Defense of Marriage Act, Department of Homeland Security, DHS, DOMA, Edith Schlain Windsor, equal protection, equal protection of the laws, Fifth Amendment, Full Faith and Credit, Full Faith and Credit Clause, heterosexual union, Homeland Security, homosexual union, Magistrate Judge James C. Francis IV, Mexico, passport application, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Reuniting Families Act, same sex civil union, Same Sex Marriage, Senate Judiciary Committee, Southern District of New York, State Department, state determinations of marital status, State of New York, summary judgment, Thea Clara Spyer, U.S. Constitution, uafa, Uniting American Families Act, us passport, Windsor v. United States
Posted in same sex visa, US Citizenship, US State Department | No Comments »

It recently came to this blogger’s attention that the Department of Homeland Security is to place Thailand on a sort of “risk list” pertaining to terrorism. In order to provide further details on this situation it is necessary to quote directly from the official website of The Nation, NationMultimedia.com:

A recent announcement by the US Department of Homeland Security said that Thailand will be on a new terrorism-risk list. The department has classified Thailand among countries that are known to “promote, produce or protect terrorist organisations or their members”. Spokeswoman for the department Gillian Christensen said in a written statement that countries “may have been included on the list because of the backgrounds of arrestees, not because of the country’s government itself”. Along with Thailand, three other US allies placed on the risk list are Egypt, Israel and the Philippines. In all there are 36 countries on this list of so-called Specially Designated Countries (SDCs) that “promote, produce, or protect terrorists”. Citizens from countries on this list who wish to travel to the US will be required to submit to a new “Third Agency Check”. In real terms, it could very well mean additional security check or possibly stricter rules for Thai citizens requesting visas to the US…

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

As noted in the aforementioned quotation, the ramifications of these developments could ultimately result in delayed processing of visas such as the K-1 visa, the CR-1 visa, and the IR-1 visa for fiancees and spouses of American Citizens. Meanwhile, those seeking employment or investment based visas such as the EB-5 visa or the L-1 visa may see further processing delays in matters where a visa is being sought through the US Embassy Thailand. Finally, it could be inferred that these developments will have an impact upon those seeking non-immigrant visas such as the B-1 visa, the B-2 visa, the F-1 visa, or the J-1 visa. Bearing all of this in mind, it remains to be seen how this announcement will actually effect the overall visa process.

In related news it was recently noted that the Royal Thai Immigration Police may be stringently enforcing immigration regulations with respect to the ED visa. In order to expound further upon these developments it is necessary to quote directly from the official website of the Pattaya Times, Pattaya-Times.com:

The Deputy Director of the Thailand Ministry of Education recently summoned all language schools’ owners in Pattaya along with senior Chonburi Immigration Police Investigators to address this issue and notify the schools of the crackdown. “Now any school found to be selling the Education visa simply to allow the foreigner to stay in Thailand and not attending the school will be closed down and lose their license. All of the school’s students, whether attending or not, will have their visas cancelled,” the representative of the Ministry of Education stated…

This blogger asks readers to click on the links above to read this interesting article in detail.

There are many types of Thai visas including, but not limited to the Thai business visa and the Thai retirement visa. Although neither of these visa categories are of issue in the aforementioned quotation. Clearly, the events noted above could have implications for those who stay in Thailand on a Thai Education visa. That said, those actually utilizing an ED visa for educational pursuits are unlikely to be adversely impacted by this new policy. However, the overall impact of this new policy remains to be seen.

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

Tags: Chonburi Immigration Police, Department of Homeland Security, DHS Spokeswoman Gillian Christensen, Education visa, Egypt, Israel, language school, Philippines, SDC, Specially Designated Countries, Specially Designated Country, Thailand Ministry of Education, Third Agency Check, US Department of Homeland Security
Posted in Department of Homeland Security, News, Thailand Visa, US Visa and Immigration | No Comments »

เมื่อเร็วๆนี้สิ่งที่น่าสนใจสำหรับผู้เขียนคือกระทรวงยุติธรรมของสหรัฐอเมริกา โดยความร่วมมือกับกระทรวงความมั่นคงแห่งมาตุภูมิและคณะกรรมการการค้าส่วนกลาง(FTC) มีมาตรการในการต่อสู้กับการฉ้อฉลที่เกี่ยวกับบริการการเข้าเมืองสำหรับผู้ที่ประสงค์จะเดินทางมาสหรัฐอเมริกา อ้างโดยตรงจากประกาศที่เผยแพร่ในเว็บไซต์กระทรวงยุติธรรมของสหรัฐอเมริกา Justice.gov

ตัวแทนส่วนกลางที่เผชิญกับการฉ้อฉลการเข้าเมือง DHS, DOJ และ FTC ซึ่งเกี่ยวข้องกับส่วนของรัฐและท้องถิ่นในความพยายามที่ไม่อาจคาดการณ์ได้

วอชิงตัน- รัฐบาลสหรัฐอเมริกาเปิดเผยข้อมูลเกี่ยวกับปฏิบัติการแห่งชาติที่จะต่อสู้กับการบริการการเข้าเมืองในวันที่ 9 มิถุนายน เวลาบ่ายโมงตรง กระทรวงความมั่นคงแห่งมาตุภูมิ (DHS)และกระทรวงยุติธรรม (DOJ) และคณะกรรมการการค้าส่วนกลาง (FTC)เป็นแกนนำในความพยายามครั้งประวัติศาสตร์

หน่วยบริการพลเมืองสหรัฐอเมริกาและการเข้าเมือง(USCIS)ของกระทรวงความมั่นคงแห่งมาตุภูมิ (DHS) แกนนำตัวแทนมีหน้าที่รับผิดชอบในการควบคุมระบบกฎหมายคนเข้าเมืองสหรัฐอเมริกาซึ่งจะมีการเริ่มต้นประกาศในขณะที่มีการจัดนิทรรศฏารในเจ็ดเมืองทั่วประเทศเช่นเดียวกับที่มีการจัดที่วอชิงตันดี.ซี.

การดำเนินการที่ไม่ได้รับอนุญาตเกี่ยวกับกฎหมายคนเข้าเมืองเป็นเรื่องที่อันตรายต่อระบบความเชื่อถือของการเข้าเมืองและผู้ที่ตกเป็นเหยื่อของกลุ่มคนเข้าเมือง เพื่อความเข้าใจในพฤติกรรมที่หลอกลวง ส่วนกลาง รัฐ และส่วนท้องถิ่นมีส่วนร่วมกันในการที่จะเผชิญกับการบริการการเข้าเมืองในทุกๆทาง การเริ่มต้นได้วางมาตรรการสามอย่างดังนี้ การบังคับ การศึกษาและความร่วมมือ แต่ละฝ่ายต่างมีบทบาทสำคัญในการที่จะทำให้ความพยายามของชาติบรรลุเป้าหมาย การเป็นตัวอย่างในการเริ่มต้นของรัฐบาลและชุมชนสามารถที่จะจัดการกับปัญหาร้ายแรงร่วมกันได้อย่างมีประสิทธิภาพ

ผู้เขียนบทความนี้แนะนำให้ผู้อ่านหาข้อมุลเพิ่มเติมโดยการคลิกที่ลิงค์ด้านบนเพื่อศึกษาเกี่ยวกับการประกาศเริ่มต้นของกระทรวงยุติธรรม

เป็นเรื่องที่ไม่ดีที่มีหลายๆองค์กรได้ทำลายชื่อเสียงของตนเองในเขตอำนาจนั้นๆ เช่น การรวมกลุ่มของสมาคมเอเชียตะวันออกเฉียงใต้ (ASEAN) และในท้องถิ่นอื่นๆทั่วโลกที่จำเป็นต้องมีคุณสมบัติที่สำคัญที่จะให้คำแนะนำ คำปรึกษา และความช่วยเหลือในเรื่องวีซ่าสหรัฐอเมริกาและการเข้าเมือง

กระบวนการเกี่ยวกับวีซ่าสหรัฐอเมริกานั้นเป็นกระบวนการที่อาจสร้างความสับสนให้แก่กฎหมายและกระบวนการเข้าเมือง ผู้ที่กำลังมองหาทนายความอเมริกันในการที่จะช่วยดำเนินการเรื่องวีซ่าเช่น ซีอาร์-วัน, วีซ่าไออาร์-วัน,วีซ่าเค-วัน,วีซ่าอีบี-ไฟว์ หรือวีซ่าแอล-วัน (ชื่อแสดงถึงประเภทของวีซ่า) เพื่อที่จะให้มีความน่าเชื่อถือในการเลือกประเภทที่เหมาะสมกับสถานการณ์ต่างๆ สิ่งที่จะแนะนำเพิ่มเติมเกี่ยวกับทนายความที่ได้รับอนุญาตเท่านั้นจะมีสิทธิที่จะได้รับค่าธรรมเนียมในการที่จะปฏิบัติตามกฎหมายคนเข้าเมืองสหรัฐอเมริกาตาม 8 CFR 292.1

โดยทั่วไปแล้ว ก่อนที่จะดำเนินการขอวีซ่าภายใต้กระบวนการกงสุลที่หน่วยการปฏิบัติภารกิจในต่างแดน (สถานทูตสหรัฐอเมริกา, สถานกงสุลสหรัฐอเมริกา,สถาบันอเมริกัน) หน่วยงานเหล่านั้นต้องได้รับการอนุมัติคำขอจากหน่วยบริการพลเมืองสหรัฐอเมริกาและคนเข้าเมือง (USCIS)

To view this posting in English please see: US Visa Thailand.

Tags: ASEAN, Department of Homeland Security, Department of Justice, DHS, DOJ, Federal Trade Commission, FTC, กระทรวงความมั่นคงแห่งมาตุภูมิ, กระบวนการกงสุล, ซีอาร์-วัน, ทนายความที่ได้รับอนุญาต, วีซ่าเค วัน, วีซ่าแอล-วัน, วีซ่าไออาร์-วัน, สถานกงสุลสหรัฐอเมริกา, สถานทูตสหรัฐอเมริกา, สถาบันอเมริกัน, สมาคมเอเชียตะวันออกเฉียงใต้, หน่วยบริการพลเมืองสหรัฐอเมริกาและคนเข้าเมือง, อ้างโดยตรง
Posted in สถานทูตสหรัฐอเมริกาประจำประเทศไทย | No Comments »

It recently came to this blogger’s attention that the Department of Justice, in association with the Department of Homeland Security and the Federal Trade Commission (FTC), is taking measures to combat scams involving immigration services for those wishing to travel to the USA . To quote directly from a recent announcement posted upon the official website of the Department of Justice, Justice.gov:

Federal Agencies Combat Immigration Services Scams
DHS, DOJ and FTC Collaborate with State and Local Partners in Unprecedented Effort

WASHINGTON—The U.S. government will unveil a national initiative to combat immigration services scams on June 9 at 1 p.m. The Departments of Homeland Security (DHS) and Justice (DOJ) and the Federal Trade Commission (FTC) are leading this historic effort.
DHS’s U.S. Citizenship and Immigration Services (USCIS), the lead agency responsible for administering the U.S. legal immigration system, will announce the initiative while hosting events in seven cities around the country as well as the national launch in Washington, D.C.

The unauthorized practice of immigration law is an exploitative practice that endangers the integrity of our immigration system and victimizes members of the immigrant community. Understanding the gravity of this deceptive practice, federal, state and local partners have come together to combat immigration services scams on all fronts. The initiative is set upon three pillars: enforcement, education, and continued collaboration. Each agency plays a critical role to ensure the success of this national effort. This initiative exemplifies how government and community can work together to effectively address a serious problem…

The administration of this web log encourages readers to click upon the relevant hyperlinks noted above to learn more about the Justice Department’s recently announced initiative.

Unfortunately, there are many less-than-reputable organizations in jurisdictions such as those which comprise the Association of Southeast Asian Nations (ASEAN) and other locales around the world falsely purporting to have the necessary qualifications to provide advice, counsel, and assistance pertaining to United States visas and immigration.

Processing a United States visa can be a cumbersome and overwhelming process for those unfamiliar with relevant immigration law and procedure. Those thinking about retaining an American lawyer to assist in the acquisition of visas such as the CR-1 visa, IR-1 visa, K-1 visa, EB-5 visa, or L-1 visa (to name just a few visa categories) are encouraged to ascertain the credentials of those claiming knowledge of such matters. This is encouraged because only properly licensed attorneys are permitted to accept fees to engage in the practice of U.S. immigration law pursuant to 8 CFR 292.1.

In general, before a visa applicant can undergo Consular Processing at US Mission abroad (US Embassy, US Consulate, American Institute, etc) they must first receive an approved petition from the United States Citizenship and Immigration Service (USCIS).

For related information please see: US Visa Thailand or Legal.

Tags: 8 CFR 292.1, American Consulate, American Embassy, American Lawyer, ASEAN, ASsociation of Southeast ASian Nations, CR-1 Visa, CR1 Visa, deceptive practice, Department of Homeland Security, Department of Justice, Departments of Homeland Security, DHS, DOJ, EB-5 Visa, EB5 Visa, Federal Trade Commission, FTC, IR-1 Visa, IR1 Visa, K-1 Visa, K1 Visa, L-1 visa, L1 Visa, legal immigration system, U.S. Citizenship and Immigration Services, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Immigration Fraud, Us Immigration Scam, US lawyer, US Visa Scam, US Visa Thailand, USCIS
Posted in US Visa and Immigration | No Comments »

In a previous posting on this blog the eligibility criteria for the EB-1 visa were briefly discussed. In that same vein, this blogger felt further elaboration on other Employment Based visa categories was warranted to provide insight to readers about issues associated with other employment based preference categories. The United States Citizenship and Immigration Service‘s (USCIS) official website posted an enlightening chart to provide an overall glimpse of the eligibility criteria which this blogger felt could be of interest to readers. To quote directly from the official website of the USCIS, USCIS.gov:

Readers are encouraged to conduct their own research into these issues as the chart above is merely presented to provide something of an overview regarding eligibility. The chart above should not be viewed as an exhaustive analysis of the issues at play in a EB-2 petition.

It should be noted that second preference Employment Based petitions are carefully scrutinized as issuance of such visas is intended for those foreign professionals holding an advanced degree or an alien national of “exceptional ability”. Therefore prospective visa seekers are encouraged to note the rather high standards by which those seeking this visa category will be compared during the adjudication process.

Those seeking the visa categorized as an EB-2 are well advised to remember that adjudication of a visa petition at the Department of Homeland Security‘s USCIS may be only one phase of the overall visa process as those residing outside of the United States may be required to undergo Consular Processing at a US Embassy or US Consulate abroad.

For readers who have happened upon this blog in the past, the mention of the “national interest waiver” may bring to mind the I-601 waiver or the I-212 waiver which could be argued to be somewhat similar. Another type of waiver that could be construed as similar to the “national interest waiver” is the waiver sometimes granted by USCIS to permit the filing of multiple petitions for a K1 visa within a relatively short period of time notwithstanding the provisions of the International Marriage Broker Regulation Act (IMBRA).

Frequent readers may recall that the EB-5 visa is also classified as an Employment Based Visa although the criteria for EB-5 visa issuance is different from those of the EB-2 most notably as the EB-5 visa petitioner must demonstrate that a substantial investment has been made in the United States in order to hope to attain eligibility for EB-5 visa status.

The United States visa process can be overwhelming at times and for this reason many opt to retain the assistance of counsel. That stated, when retaining the services of anyone purporting to be qualified to provide advice and/or assistance regarding immigration matters it may be prudent to ascertain credentials as, pursuant to relevant US law, only a licensed American attorney is permitted to take in client fees while engaged in the practice of United States immigration law.

For related information please see: Legal.

Tags: American Consulate, American Embassy, Consular Processing, Department of Homeland Security, EB-2 Visa, EB-5 Visa, EB2 Visa, EB5 Visa, Employment Based, Employment-Based Immigration: Second Preference EB-2, employment-based second preference visa, I-212 waiver, I-601 Waiver, I601 Waiver, IMBRA, IMBRA Waiver, International Marriage Broker Regulation Act, K-1 Visa, K-1 Visa Process, K1 Visa, national interest waiver, United States Citizenship and Immigration Service, US Consulate, US Embassy, USCIS
Posted in Department of Homeland Security, EB-2 Visa, EB5 Visa, I-601 Waiver, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, US Visa and Immigration, USCIS | No Comments »

It recently came to this blogger’s attention that there may be some geopolitical tensions arising in Asia in connection to issues associated with the use of water. To quote directly from a very insightful article apparently written by Santha Oorjitham of the New Straits Times and posted by chellaney on the blog Stagecraft and Statecraft:

[T]he lower Mekong states of Thailand, Cambodia, Laos, and Vietnam have a water treaty. India has water-sharing treaties with both the countries located downstream — Bangladesh and Pakistan. There are also water treaties between India and its two small upstream neighbours, Nepal and Bhutan. But China, the dominant riparian power of Asia, refuses to enter into water-sharing arrangements with any of its neighbours. Yet China enjoys an unrivalled global status as the source of trans-boundary river flows to the largest number of countries, ranging from Vietnam and Afghanistan to Russia and Kazakhstan…

The administration of this web log strongly encourages readers to click upon the relevant hyperlinks above in order to read more from this fascinating article. For readers who are unfamiliar with matters pertaining to Asia, particularly Southern Asia or Southeast Asia, it should be noted that water issues can be extremely important for Asian political actors and policy makers. Issues associated with water can have ramifications upon the economies, political institutions, and business environments in Asia and around the globe. As regional associations such as the Association of Southeast Asian Nations (ASEAN) and nations such as India and China begin to become increasingly important players on the international stage it stands to reason that water issues pertaining to Asia will be considered increasingly important by those seeking news and information about the area.

Meanwhile it also recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) is taking measures in an effort to transform that agency into a more electronic environment compared to the current primarily paper-based environment in which it now apparently finds itself. To quote directly from a USCIS Executive summary as posted upon the website ILW.com:

U.S. Citizenship and Immigration Services (USCIS or Agency) is undertaking an agency-wide effort to move immigration services from a paper-based model to an electronic environment. This effort is known as USCIS Transformation. Transformation will deliver a simplified, Web-based system for benefit seekers to submit and track their applications. The new system is account-centric and will provide customers with improved service. It will also enhance USCIS’s ability to process cases with greater precision, security, and timeliness. In March 2011, the Office of Transformation Coordination and the Office of Public Engagement hosted a series of listening sessions and webinars with participants representing customers, attorneys and community-based organizations (CBOs). The purpose of these listening sessions was to inform USCIS about the benefits and challenges of moving to an electronic environment…

Those interested in learning further about this transformation from the USCIS Executive Summary are well advised to click upon the relevant hyperlinks above to find out more.

This blogger is personally pleased to see the United States Citizenship and Immigration Service (USCIS), an agency under the jurisdiction of the Department of Homeland Security, taking measures to create a more efficient system for adjudication of immigration and visa related petitions or applications. Frequent readers of this blog may have taken note of the fact that USCIS is the initial adjudicator of petitions for the K-1 visa (US fiance visa) as well as the CR-1 visa (US Marriage Visa) and the IR-1 visa. Hopefully, USCIS’s transformation will result in more streamlined processing of the aforementioned petitions.

For related information please see: US-Thai Treaty of Amity or Consular Processing

Tags: Afghanistan, ASEAN, ASsociation of Southeast ASian Nations, Bangladesh, Cambodia, CR-1 visa USCIS, Department of Homeland Security, IR-1 visa USCIS, K-1 visa USCIS, Kazakhstan, Laos, Nepal, Office of Public Engagement, Office of Transformation Coordination, Pakistan, Riparian, Riparian Power in Asia, Russia, Thailand, United States Citizenship and Immigration Service, USCIS, USCIS Transformation, Vietnam, Water, Water Rights, water treaty, water-sharing treaties
Posted in ASEAN Business, Cambodia Business, China Business, CR1 Visa, India Business, IR1 Visa, K1 Visa, K2 Visa, Laos Business, Myanmar (Burma) Business, Russia Business, Thailand Business, US Consulate ChengDu, US Consulate Chennai, 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 Vladivostok, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Islamabad, US Embassy Laos, US Embassy Nepal, US Embassy New Dehli, US Embassy Pakistan, US Embassy Phnom Phen, US Embassy Russia, US Embassy Vietnam, USCIS, Vietnam Business | No Comments »