Integrity Legal

No one wishes to go through the stress of a visa denial. Unfortunately, US Visa denials are a semi-routine procedure at the US Embassy in Bangkok Thailand. For the most part, US Family Visas (Fiance and Marriage) are denied less often in comparison to employment, business, and tourist visas. That being said, denials do occur and information regarding visa denials can be rather scarce. Also troublesome is the prevailing idea, promulgated through some unethical advertisers, that US visa outcomes can be  “guaranteed,” the fact of the matter is: no outcome with regard to immigration can ever be 100% guaranteed. US Immigration law, like any other legal field, can be uncertain. This being said, proper legal advice from an American attorney experienced in US Immigration law could make a difference when it comes to obtaining a positive outcome in a US visa case.

US Visa Denial: Why is the US visa being denied by the Consular Officer?

One of the first determinations that should be made regarding a visa denial is whether the decision from the consular officer is final or whether there is a discrepancy that can be dealt with by presenting more information to the US Embassy. Family Visas like the US Fiance visa and the US Marriage visas will usually have different reasons for denial than an American tourist/business visa.

Tourist Visa Denials

With regard to denials of the US tourist visa, under section 214 (b) of the American Immigration and Nationality Act there is a presumption of “immigrant intent,” that must be overcome in the consular officer’s judgment in order for a US visitor visa to be granted. If the consular officer does not believe that the applicant for a US visitor visa has provided enough evidence to overcome this presumption then the officer will not grant the visa.  If denied one is entitled to refile and have a new interview, but where there is no material change of situation, it is unlikely that a tourist visa will be granted.

221 G Refusals

In the case of US family immigration from Thailand, a very common visa denial is the 221 g refusal.  A 221 g is not a denial so much as a refusal to approve a visa application due to a lack of evidence. When a consular officer issues a 221 g they do so by giving the applicant a form with a checklist of things the applicant needs to produce in order for the visa to be approved. Sometimes the necessary items are difficult to obtain and therefore, at least in Thailand, it may be necessary to obtain a Bangkok Lawyer licensed in the US with experience in immigration law. Sometimes the 221 g requires documentation that is easy to obtain and therefore professional assistance is not necessary.

Visa Denial Based Upon Grounds of Inadmissibility

The Grounds of Inadmissibility are the statutorily created reasons for visa denial as stipulated in the US Immigration and Nationality Act. Most of the Grounds of inadmissibility can be waived by filing an I-601 application for Waiver of the Grounds of Inadmissibility at USCIS. After the visa interview a consular officer will asses the application and make a decision whether or not to grant the visa. Should the visa be denied, then the officer will cite the reason for denial and the ground of inadmissibility, if there is a grounds.  For an inadmissibility waiver for a Thai applicant, the waiver application should be filed at USCIS in Thailand.  There are different factual and legal requirements applicants must meet depending upon the ground of inadmissibility one is seeking to have waived. It is probably advisable to have a US Immigration attorney advise those clients that have an issue that needs to be waived.

Note: None of the above information should be used in lieu of actual individualized legal advice from a licensed US attorney in the reader’s jurisdiction

Tags: Inadmissibility, us embassy bangkok, us embassy thailand, us visa denial, USCIS Bangkok, visa denial Thailand, waiver of inadmissibility
Posted in us embassy bangkok, US Visa Thailand | 2 Comments »

So I have been an avid user of Digg for the past year or so. I have read some of the horror stories of people who have been going about their days minding their own business on Digg only to suddenly find themselves booted from the community. I was one of those people thinking, “that can’t happen to me, right?” Wrong! Admittedly I have used Digg to promote some (I stress some) of my own stuff.  However, I have never spammed the system with outright promotional content and I feel that most of the submissions that were my own were the best stuff I’ve written. On other social media, people would seem to agree because some of my stuff has gotten widespread exposure.

And Along Came the Diggbar…

I don’t like to “game” the digg system in the sense that I do not go out of my way to submit things through other people (unless they truly find it interesting and want to submit my material). All of this is irrelevant because I think that ultimately I was banned not for my submission activities, but instead for using the diggbar!

Let me explain, after I learned I was banned I emailed Digg asking the reason for my unceremonious expulsion. The Digg staff replied with the following message:

Your account was reported to us as being in violation of our Terms of
Service (http://digg.com/tos) for altering blocked sites from been
submitted to Digg to evade the url block. We must be vigilant in
protecting against activities that compromise the Digg community, this
decision is final and irreversible.

Now I don’t know if others understand this message, but I do not. I have never altered any site urls in order to submit to Digg. Over promoting my stuff: At times. Auto Digging the occasional piece: I must say that I have been guilty of this from time to time. Asking others to “Digg my stuff.” Sure, but never have I altered URLs (I am frankly not tech savvy enough to even know how to go about altering a URL other than the URL compression services and in this case I’ve never used them with relation to Digg). This leaves me with only one conclusion, I was banned for using the Diggbar because it altered my URL.

On other social media sites I have submitted the Diggbar condensed URL, mostly in an effort to get traffic to the Diggbar framed site as a method of facilitating further Digging. This is the only way in which I “altered sites.” Therefore the only conclusion that I can  come to for my banning is simply using the Diggbar.

Terms of Service and the Diggbar

I have a real problem with the Diggbar from the standpoint of Digg’s Terms of Service. When I signed up for Digg, there was no Diggbar and therefore I think it smacks of a lack of equity that Digg can change there services at will, but if the user steps out of line, even slightly, we are banned. Digg’s ability to materially alter the conditions of their TOS can be found in Section 2 of Digg’s Terms of Service:

MODIFICATIONS OF TERMS OF USE

Digg reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Digg will notify you by posting an announcement on the Site. What constitutes a “material change” will be determined at Digg’s sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

But what are you gonna do?…

There isn’t really much one can do about this from a legal standpoint, but it just seems unconscionable that Digg has such unfettered power and the user is so completely at their mercy. In the real world a service contract such as this would be unlikely to hold up under judicial scrutiny, but what can one do: sue Digg? Not likely, one must show damages in order to have a cause of action and since it violates the terms of use to profit from Digg (section 5 pretty well covers all profit earning endeavors) one is kind of trapped in a paradox: either no damages and no cause of action, or admit to making money off of Digg and thus be banned for violating another section of the TOS.  A true Catch 22.

Thanks for reading my rant I hope it makes some sense.

For information about my day job please see US Visa Thailand

Tags: Dig Terms of Service, Digg, Digg TOS, DiggBar, TOS
Posted in Legal Opinion, Miscellaneous | 1 Comment »

The Path to Citizenship for Undocumented Aliens

Earlier this month President Barack Obama spoke with the President of Mexico about the issue of providing a path to citizenship for undocumented aliens in the United States. The call for comprehensive immigration reform has been brought up a great deal during the new President’s fledgling term. It is an issue that ignites passions on both sides of the aisle particularly in an economy environment in a state of decline. There is something to be said for the idea that an amnesty needs to be called to get undocumented aliens “out of the shadows,” even if a recession is threatening the jobs of American Citizens. The other side of the coin is the idea that illegal immigrants are exactly what their name implies: “illegal,” and should not in the end be rewarded for circumventing or outright violating Immigration regulations.

Many believe that the notion of America as a nation of immigrants and a melting pot of different cultures should compel the US government to make some sort of provision for granting some sort of legal status to currently undocumented aliens. Admittedly, this argument holds some merit particularly where the undocumented alien is working in the US and is not a burden to the state.

Family Immigration and Visas for Same Sex Couples

Concurrently with Comprehensive Immigration Reform there is another bill in the US Congress seeking to give another form of prospective Immigrants legal status in the United States that they do not currently retain. The Uniting of American Families Act (UAFA) seeks to add the term “permanent partner,” to the list of those eligible for US Family Immigration Benefits under US Immigration regulations.

Under the Defense of Marriage Act a marriage is recognized as a legal union between a man and a woman. Therefore, this act effectively bars same sex couples from receiving US federal recognition for a marriage (including in US states where same sex marriages and civil unions are legal). The upshot of this legislation is that it precludes same sex couples from obtaining US Immigration benefits if one of the partners is a foreign national.  The addition of  the new term “permanent partner,”  to the American Immigration and Nationality Act would allow same sex marriage and family visas without creating a legal conflict with the Defense of Marriage Act.

A New Category of Visa to be created under the UAFA?

Some lawyers and legal scholars have speculated as to what type of family visa a permanent partner would be entitled to. The term itself would seem to rule out the K1 visa because it is a fiancee visa and the use of the word “permanent” contradicts the idea of a fiance visa. At the same time, because the term specifically does not connote “marriage,” it would seem likely that a us marriage visa would be out of the question. Therefore, a “permanent partner” visa will likely be a separate category unto itself that is distinct from other family visa categories. It remains to be seen what the burden of proof will be for obtaining a “permanent partner” visa, but the fact that marriage will not be a legally recognized element for proving the relationship (at least with the Defense of Marriage Act on the books), it is likely that a large amount of evidence will be needed to prove up the bona fides of a permanent partnership.

Both Comprehensive Immigration Reform and the UAFA are necessary steps to dealing with the practical effect of immigration regulations that cause certain groups to “fall through the cracks,” of American Immigration law. However the debate on these issues is resolved, a modicum of uniformity and resolution of these matters is necessary.

Thanks for reading,

For more information about US Immigration please see:

US Visa Thailand

Tags: American Visa Thailand, gay marriage visa, gay us immigration, gay us visa, path to citizenship, Same Sex Marriage, same sex visa, uafa, uniting of american families act
Posted in Legal Opinion, Miscellaneous | 4 Comments »

The affidavit of support is used to prove that an American Citizen can support a Thai fiancee or wife in the USA. Although the form is issued by USCIS, it is presented at the Thai fiancee or spouse’s interview at the American Embassy in Bangkok Thailand. The type of visa one wishes to obtain will make the difference in the type of Affidavit of Support that will be necessary to show the US Citizen petitioner’s ability to support a Thai fiancee or wife in the United States.

The I-134 and I-864 affidavit of support to Prove Financial ability for US Visa Sponsorship

There are two affidavit forms used in US Family Immigration matters that are used to prove that a US citizen is indeed capable of sponsoring his loved one at the statutorily prescribed levels. The I-134 and the I-864 are the two different affidavit forms and their use with regard to visa category depends upon the situation and the visa being sought.

Financial Requirements

Currently, for the I-864 affidavit of support, the US Citizen must show that he or she can support his Thai fiancee or spouse at a level equal to 125% of the Federal poverty guidelines (as calculated by Housing and Human Services) for the year in which the visa is being sought.

The Binding Effect of the I-864 affidavit of Support upon a US Citizen

Some US Citizens are interested in how binding their financial commitments are with regard to the I-864 affidavit of Support. There is some case law that has allowed US Permanent Resident former spouse of US Citizens the right to collect money from the US Citizen spouse based upon the finding that the Permanent Resident is the third-party beneficiary of an agreement between the United States government and the US Citizen. Also, the US Citizen will be liable to the US government for the relevant costs should the Permanent Resident spouse become a public charge.

Proving Financial Ability and Obtaining Assistance with the Affidavit of Support

Generally, a US Citizen’s ability to support a fiancee or spouse is proven by presenting evidence showing the US Citizen’s income is above the statutorily mandated 125% of the poverty guidelines. Proving the financial ability to support a fiancee can be somewhat difficult if the US Citizen’s income does not meet the 125% requirement. Using assets to prove financial ability is one method, while many people opt to simply utilize a joint sponsor in order to meet the financial requirements. Joint sponsorship is a popular method of overcoming affidavit of support issues.

Note: Nothing in the post should be used in lieu of legal advice from a licensed US attorney with Immigration experience.

For More US Immigration Information Please see:

US Visa Thailand

Thai Fiance Visa

K1 Visa Thailand or

USA Visa Thailand

Tags: Affidavit of Support, American Visa Thailand, Fiance Visa Thailand, I-134, I-864, US Marriage Visa Thailand, US Visa Thailand
Posted in US Embassy Thailand, US Visa Thailand | No Comments »

One of the more confusing aspects of US Immigration from the perspective of laypeople is deciphering all of the legalese that US Immigration attorneys use when writing about US visas. To clear up some of the confusion, this post defines some of the most used jargon so that the average reader researching American Immigration can better understand the subject matter.

USCIS: The Acronym for the United States Citizenship and Immigration Service. The government entity formerly known as the INS (Immigration and Naturalization Service). USCIS is the office that adjudicates petitions for immigration benefits.

K1 Visa: The K1 Visa is a Fiance Visa in that it allows the unmarried fiance of a US Citizen entry into the United States for 90 days for the sole purpose of marrying the US Citizen (who filed the petition for the visa) and adjusting status in the United States.

I-129f: The K1 visa application filed and adjudicated at a USCIS service center.

Immigrant Visas: Visas that confer permanent residence upon entry (in the context of this blog this term is used interchangeably with the terms IR-1 and CR-1)

IR-1 Visa: a visa that confers permanent residence upon entry to the USA of an immediate relative of a US Citizen (for the purpose of this blog the IR-1 is generally used to refer to a visa for Thai-American married couples who have been married for more than 2 years.)

CR-1 Visa: Conditional Resident Visa, a visa that confers conditional permanent residence to the visa holder (for the purposes of this blog this term is generally used for marriage visas in which the underlying marriage has lasted less than 2 years in duration).

I-130 petition: the application form for obtaining an Immigrant Visa. It is filed and adjudicated at USCIS.

K-3 Visa: a K-3 Visa is a non-immigrant marriage visa originally designed as an expedited marriage visa when the I-130 petition was taking as long as 3 years to process. It requires a dual filing, and underlying I-130 petition as well as a subsequent I-129f petition in order to obtain the expedited visa.

Direct Consular Filing: refers to the method of directly filing a visa petition with a consulate or Embassy in a foreign country. Sometimes the term “Direct Consular Filing” is used interchangeably with the term “local filing.”

Local Filing: Generally, for the purposes of this blog this term is used when describing the method of filing an immigration petition at the USCIS district office overseas (Specifically the USCIS Bangkok District Office).

Adjustment of Status: Adjustment of status or AOS is the procedure of converting a non-immigrant visa holder into Lawful permanent residence (Green Card holder).

Advance Parole: An immigration travel document that allows an alien, with an adjustment of status application pending, to leave the USA and still keep their status from being canceled upon departure from the USA. Advance parole is necessary where a fiance has entered the United States on a K1 Visa and subsequently leaves before an adjustment of status is complete.

Green Card: A colloquial term for the document proving lawful permanent residence.

United States: According to the Immigration and Nationality Act of the United States, the definition of United States, “when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.“

Reentry Permit: A permit needed for a Lawful Permanent Resident who wishes to remain outside of the USA for a prolonged period of time. The reentry permit is necessary in order to mitigate against the presumption of abandonment of adjustment of status when a permanent resident leaves the United States.

I-134 affidavit of support: the affidavit of support necessary for the K1 Fiance visa, this affidavit shows that the US Citizen will be able to support the fiancee at the statutorily prescribed level.

I-864 affidavit of support: the affidavit of support used in conjunction with the Immigrant Visas for showing that a US Citizen can support his wife at the statutorily prescribed level.

Joint Sponsor: A person who jointly sponsors a visa beneficiary should the US Citizen petitioner not meet the statutory requirements to sponsor a beneficiary on his own.

For more information on US Visas Generally please see USA Visa Thailand

Note: None of the above should be used in lieu of legal advice from a competent licensed attorney in the readers jurisdiction

Tags: Adjustment of Status, advance parole, CR-1 Visa, Green Card, I129f, I130, IR-1 Visa, K1 Visa, K3 Visa, US Visa Thailand, USCIS
Posted in US Embassy Thailand, US Visa and Immigration, US Visa Thailand | 2 Comments »

A popular immigration decision made by Thai-American couples is the decision to pursue a K1 Visa from Thailand. Many couples opt for the fiance visa because it is a faster visa to obtain in comparison to the conventional Immediate Relative Visa. The adjudication processing time for the CR-1 and IR-1 Visa can be as much as 5 months longer than that of the K1 Visa. These time differentials coupled with the fact that many couples like to have the 90 day window of opportunity to decipher whether a marriage will work or not make the K1 Visa a very attractive option.

IMBRA and its limitations on the K1 Visa

A few years ago, Congress passed the International Marriage Brokers Regulation Act in order to clamp down on so-called “mail order bride,” outfits. One of the byproducts of this act is the fact that K1 Visa petitions have been limited. Before the promulgation of IMBRA it was possible for an American Citizen to essentially apply for and obtain infinite fiancee visas for as many beneficiaries as he wanted. Under the new regulations, a US Citizen is only allowed to petition for 2 K1 Visas without needing to obtain a waiver from USCIS. Even with this regulation comes a further caveat, if he should petition for 2 K1 Visas within a 24 month period, then he will also need to obtain a waiver.

The issue involving petitioning for two K1 visas usually comes up in context of the Thai-American couple who obtain a K1 visa and the Thai lady goes to the US. The couple finds that at the time a marriage is not logistically feasible. Therefore, she leaves the United States and returns to Thailand. Later, the couple decides to petition for another K1 Visa because their situation has changed and they feel that now a marriage is workable. Do they need to obtain a waiver in order to obtain a second K1 Visa? The answer: Probably.

Depending upon the time frame of the petitions it may be necessary to obtain a waiver in order to have a subsequent I-129f petition (the petition form for a K1) approved. If the previous petition was filed within 24 months of the subsequent petition then a waiver is likely a necessity. All is not lost by needing to file for a waiver. They are generally granted where the couple explains the situation and why 2 K1 visas were filed by the same couple within a 2 year period. It is very wise to retain a US attorney in Thailand in order to prepare a Thai loved one’s K1 Visa petition in general and particularly in any situation where a USCIS waiver is necessary.

For more information please see

US Visa Thailand

Fiance Visa Thailand

Note: Nothing in this post should be used in lieu of legal advice from a duly licensed attorney in your jurisdiction

Tags: Fiance Visa Thailand, IMBRA, International Marriage Broker Regulation Act, K1 Visa Thailand, US Visa Thailand, Waiver
Posted in US Visa and Immigration | No Comments »

Many people dream of living and working in Thailand. Some love the beaches, while others love the exotic atmosphere and “mai pen rai,” attitude of the Thai people. Still others see Thailand as a land of unexploited opportunity. Whatever employment opportunities Thailand holds, it is imperative that a non-Thai seeking employment in Thailand first acquire a Thai work permit before they begin working in the Kingdom.

The Difference Between a Thai Work Permit and a Thai Business Visa

Unlike some other countries, notably Korea, Thailand has a system in which a long term visa is a different document from a work permit. A common misconception is the belief that a Thai Business Visa gives the bearer the right to work in Thailand. A Business visa and a Thai work permit are two different documents issued by two different Thai government agencies. The Thai work permit is issued by the Thai Ministry of Labour while the Thai Business Visa is issued at a Royal Thai Consulate overseas and extended at a Royal Thai Immigration police office within the Kingdom.

Who Needs A Thai Work Permit?

In Thailand a work permit is a necessity for the expat wishing to earn a living in the tropical Kingdom. Many people in Thailand opt to work without obtaining the proper work permit. Still others work for companies and are told that a Thai work permit is not needed. This scenario is often played out where teaching is involved. Many teachers are told by their schools that they do not need a work permit. In reality, anyone engaging in any sort of labor in Thailand must obtain a work permit. Even those participating in charity work must get a Thai work permit.

How can a Thai Lawyer Assist in Obtaining a Thai Work Permit

A Thai lawyer can give specific advice regarding the steps that must be taken in order to obtain a Thai work permit. Also, a competent legal professional can accompany the non-Thai work permit seeker to the Thai Ministry of Labour (Labor) in order to submit the work permit application and ultimately obtain the actual Thai work permit. It is always recommended that those seeking a Thai work permit retain the services of a legal professional in order to expedite the application properly.

Note: None of the above post should be used in lieu of legal advice from a licensed attorney in the jurisdiction in which one wishes to conduct business.

Tags: Thai Ministry of Labor, Thai Work Permit, Thailand Business Visa, Thailand Employment Law, Thailand Immigration, Thailand Work Permit
Posted in Thailand Business | No Comments »

After a Thai Fiancee or Wife obtains lawful permanent residence (Green Card), it becomes necessary to keep this status preserved. Residence is “permanent” so long as the Thai Spouse complies with the rules inherent to permanent residence. One way that a Thai Wife may lose her lawful permanent resident status is if she spends long intervals of time in a country outside of the United States. Too much time spent outside of the United States can be construed as an intention to abandon one’s permanent residence (Green Card).  Since 9/11, United States immigration officers have started to highly analyze the amount of time a permanent resident spends outside of the United States. Even more than simply examining how much time one spends outside of the country, Immigration Officers now scrutinize the underlying reason for traveling at all. For this reason, preparations should be undertaken in advance if it is possible that a Permanent Resident will travel outside of the USA for a period of six months or more.

What is the Effect of Abandoning Permanent Residence?

There is no uniform rule that immigration officers utilize in determining if a Thai wife has abandoned her lawful permanent resident status. A Thai Wife’s “green card” can be employed as a legal entry permit if she has not been out of the United States for more than a year. That being said, simply going to the United once a year is definitely not sufficient to maintain a Thai Wife’s permanent resident status. Failure to be present in the United States for a period of six months or more raises the legal presumption that the immigrant has abandoned their U.S. residence. There are other aspects that will be looked at when deciding if an alien has abandoned their status: does the immigrant intend to depart the United States subsequent to the arrival at issue; does the international travel have a specified purpose and an ultimate end date; does the permanent resident pay taxes in the U.S. ; and does the resident have strong ties to the US: job, property, and other indicia of residence (e.g., driver’s license, bank accounts and credit cards, and active participation in the community).

When arriving in the USA after remaining outside of the country for a long period of time the resident should provide as much of the above evidence as possible and also be prepared to explain the reason for their absence from the United States. Someone who is unable to persuade the immigration officer that they have not abandoned their residence could be placed into removal proceedings and have their green card revoked pending the verdict in those proceedings. This situation could take many months to remedy if the situation can be remedied at all.

What is a Reentry Permit and What Benefit Does it Confer?

Reentry permits are similar to advance parole with regard to the fiance visa. Immigration officers at the port of entry are more inclined to respect those holding a Reentry Permit. By going through the application and obtainment process for a Reentry Permit, the Thai Permanent Resident in the USA is putting the U.S. Government on notice that it is a possibility that they will not be present in the United States for a duration of up to two years, and that they do not have any intention of abandoning their residence in the United States. The Reentry Permit application must be made while in the United States and even though it is not a necessity to wait in the USA for the permit’s issuance, the biometric scan is necessary and currently takes approximately 6-8 weeks to get an appointment after the application is filed.

For more information please see US Visa Thailand

Tags: advance parole, Fiance Visa, Green Card, Reentry Permit, US Immigration Thailand, US Visa Thailand
Posted in US Visa and Immigration, US Visa Thailand | 1 Comment »

Researching the history and existence of micronations has always been a bit of a hobby for me. I find the historical accidents that birthed such countries as Liechtenstein, Andorra, Monaco, the Holy See,  and San Marino to be fascinating. However these countries owe their current existence to luck over many years. For the intrepid free spirit there is a movement to establish micronations in order to obtain a higher degree of self-government than currently offered in conventional countries.

In recent years there have been many so-called small country projects that have sprung up and been found to be either a front for fraudulent activity or simply unworkable. The few exceptions to this statement are the Republic of Minerva and the Principality of Sealand. We will briefly discuss both of these projects in order to better understand what the positive  factors were in these cases that made them more successful than other endeavors.

The Principality of Sealand

The self described Sovereign Principality of Sealand was created from the remains of a World War II gunnery outpost positioned off of the coast of the northern United Kingdom.  Its original purpose was to act as a base for transmitting a pirate radio broadcast. Eventually the founder realized the benefit of having sovereignty and declared it the Principality of Sealand.

At the time, British territorial waters had been contracted after the war so the gunnery outpost fell outside of the British zone. Later the British would expand their territorial waters and thus put the Principality back within British waters. However, the high court in Britain later ruled that because Sealand was not within British territory at the time it declared independence, the British government has no jurisdiction over Sealand. This was a major victory insofar as it granted Sealand de facto independence. Even though to this day no other government recognizes Sealand’s sovereignty.

The Republic of Minerva

The Republic of Minerva was a failed project to create a nation by building an island up from an atoll. Under international law, for a land mass to be considered an island it must stay above the water table for a specified average period of time throughout the day. The founders of the Republic of Minerva were clever in finding an atoll in the Pacific that barely fell short of the necessary amount of time above sea level to meet the internationally accepted definition of “island.” After finding this atoll, they proceeded to ship in sand and other terra firma to make Minerva a proper island. Once this task was complete, the group formally declared themselves an independent nation. However, the King of neighboring Tonga was not particularly smitten with the idea of an independent nation so close to his Kingdom. Therefore, he decided to send a regiment of troops to take the island and declare it Tongan territory. The Republic of Minerva is worth mentioning because even though it failed as a country, the reasoning behind its inception was sound and the nation could quite possibly have even obtained some measure of international recognition (which is probably why Tonga went out of its way to kill the nation in its cradle).

Seasteading

It would seem that one of the most plausible ways of starting a new country (assuming one does not have terra firma that is unclaimed by another nation) is through the principals of seasteading. Seasteading is the practice of living outside all other countries jurisdiction by setting up a home on the high seas.  To quote a major website regarding seasteading:

“‘Seasteading’is homesteading on the high seas. In other words, building permanent dwellings on the ocean. A seastead is a structure specifically designed for the purpose of long-term living in the marine environment.”

Obtaining International Recognition For Your New Country and Getting Someone to Foot the Bill

So, other micronation projects have come and gone and even the most successful of them have been unable to obtain international recognition. Another major issue is financing. Many small country projects also go bankrupt before they have a chance to begin realizing their purpose.

Enter the Passenger Vessel Services Act of 1886, which makes it illegal for foreign-flagged (Flag of Convenience) ships to transport passengers and cargo directly between 2 U.S. ports. This rule has been a thorn in the side of many cruise lines for years because it forces the cruise lines to either forego a US port-to-US port itinerary or else become a US flagged vessel and thus be subject to the strict US laws regarding maritime employment and safety regulations.

How does this act figure into setting up one’s own country? If a person sets up a seastead near enough to the US, but just outside of US territorial waters, then after setting up their seastead they declared it independent and sovereign.  They could then enlist the assistance of the major US cruise lines to lobby congress and, more particularly,  the President to recognize the newly established nation. Now why would a cruise line wish to assist a “crackpot” in setting up a country? Because the moment the new country is recognized, then the country’s ports would meet the definition of “foreign ports” under the Passenger Vessel Services Act and therefore the cruise lines could use the ports as “ports of convenience,” for offering cruises between two US destinations.

Who needs to recognize the new country under American  law? According to Article 2 section 3 of the United States Constitution the President of the United States, “shall receive Ambassadors and other public Ministers.” This has been interpreted to mean that a US President can basically recognize a country’s existence by simply accepting that country’s Ambassador. Therefore, if the cruise lines lobbied the President to accept an Ambassador from your newly established nation, then the nation would be federally recognized as a foreign country and because it is a foreign country its ports would be foreign as well so the Passenger Vessel Services Act would not apply to ships leaving the US and arriving in your little nation only to turn around and go back to the US immediately.  I must imagine that once United States recognition is obtained it would be rather easy to obtain international recognition.

This is in my opinion of the best method of obtaining independent sovereign status for a new nation built from scratch.

Thanks for reading and for less academic and more mainstream legal information please see Thailand Lawyer

Note: The above article is the personal opinion of the author and does not represent the views of Integrity Legal. Further one should not take anything written in this article in lieu of  advice from a competent licensed attorney. Finally, the country start-up business is not something that should be undertaken lightly, actually declaring an independent nation could be construed as treason by many nations and lead to possible civil as well as criminal penalties.

Posted in Weird Law | 1 Comment »

People often wonder about the role of the USCIS offices overseas. USCIS’s role in the United States is generally the adjudication of visa petitions. After the petition is adjudicated it is forwarded to the National Visa Center and then on to the US Embassy where the visa interview will take place. Outside of the United States, there are various USCIS District Offices. This post takes a look at the USCIS District office in Thailand and its functions with regard to US Immigration.

USCIS Bangkok District Office Jurisdiction and Functions

To quote the US Embassy website regarding USCIS:

“The District Director and Deputy District Director of USCIS Bangkok District Office oversee the Bangkok District office as well as USCIS sub-offices in Beijing, Guangzhou, Ho Chi Minh City, Hong Kong, Manila, New Delhi, and Seoul.  The USCIS Bangkok District has jurisdiction over Hong Kong, B.C.C., and the adjacent islands, Taiwan, the Philippines, Australia, New Zealand; all of continental Asia lying to the east of the western border of Afghanistan and eastern borders of Pakistan and India; Japan, Korea, Okinawa, and all other countries in the Pacific area.

The USCIS Bangkok Office itself, however, only reviews petitions from Australia, Burma, Brunei, Cambodia, East Timor, Indonesia, Laos, Malaysia, New Zealand, Singapore, and Thailand.”

As can be seen the USCIS office in Bangkok is responsible for a large area of the world. The office’s main functions include adjudicating I-601 waivers, immigrant visa petitions, naturalization, parole, abandonment of lawful permanent resident status (Green Card), refugee services, and adoptions.

Filing a US Visa Application at the USCIS Office in Bangkok Thailand

One of the major functions of particular interests to Americans with Thai spouses is whether they can submit a visa petition to the USCIS office in Bangkok. The reason for submitting a petition in Bangkok rather than the United States stems from the fact that the processing time at the district office in Bangkok is much faster than the service center in the United States. The obvious reason for the speed differential is the fact that far fewer immigrant petitions are received at the Office in Bangkok compared to the USA.

An issue arises when someone wishing to submit a visa petition in Bangkok is barred from doing so because he or she does not meet the 1 year residence requirement of USCIS. According to USCIS District office policy, only residents in Thailand who have been living in Thailand for at least one year on a 1 year Thai visa are allowed to petition at the District office. Further, only a “resident” non-immigrant Thai visa holder will be allowed to submit a US visa application in Bangkok (non-immigrant visas categories include the Thai ED Visa, Thai Business Visa, and the Thai O Visa). Therefore, those present in Thailand long term on a Thai tourist visa are ineligible to submit a petition at USCIS Bangkok. USCIS defines those present in Thailand on a tourist visa as “non-residents.”

Direct Consular Filing

The difference between filing an immigration visa petition at a Service Center in the United States using a local USCIS office overseas and Direct Consular Filing is somewhat difficult for people to understand and this goes for laymen as well as attorneys.

In a previous article I wrote about Direct Consular Filing, I used the term somewhat loosely when discussing the ability to use the District Office of USCIS when filing for immigrant visas for Thai spouses. Strictly speaking a direct consular filing occurs only when a US visa petition is submitted directly to the consulate or the consular section of the US Embassy abroad. In Thailand, since there is a USCIS district office  in the Kingdom, the American Embassy Thailand rarely, if ever takes direct consular filings. However, as mentioned above, petitioning USCIS in Bangkok for an immigrant visa is a major component of the District Office’s mandate.

For more information about Bangkok USCIS at its role in American Immigration please see US Visa Thailand.

Tags: American Visa Thailand, US Marriage Visa Thailand, US Visa Thailand, USCIS Bangkok, USCIS Thailand
Posted in CR1 Visa, IR1 Visa, us embassy bangkok, US Visa and Immigration, USCIS | No Comments »