Integrity Legal

For those who do not live in Thailand, a soi dog is a street dog (soi means street in Thai). They are all over in Bangkok and it is rather fun to watch them live out their lives. I have two near my office who have (according to a guy I work with who has been here for over 10 years) been living there for a while.

Stumpy (named for his stump of a tail) is the older of the two and with his mangy fur and time worn face looks about a tough as an old boot. Then there is Grumpy who is always asleep, but never has his eyes completely closed. Grumpy is named Grumpy because his overall demeanor implies a less than “happy-go-lucky” disposition. Grumpy does not like to have his naps disturbed unless food is involved. Grumpy makes a somewhat irked face when loud motorbikes pass and stir him.

In the novel Confessions of a Bangkok Private Eye, the author discusses the lot of the Soi Dog in Bangkok. He compares them to the Thai people: much like the Thai people most soi dogs are completely laid back and easy going. They seemingly live a life of ease and, like the Thais, can occasionally be found napping outdoors in the middle of the afternoon. Like most Thais, the soi dogs easy going demeanor belies a ferocity if and when threatened (which is unusual for dogs in Bangkok). Food is very important to soi dogs and the only way they can usually be stirred from their otherwise round-the-clock slumber is by offering them some kind of meat on a stick.

Although they do add a great deal of ambiance to Thailand, there is a sad side to the life of a soi dog, they are truly street dogs because they have been abandoned or born into orphanage. They are generally treated tolerantly by the Thai people (who, as ardent Buddhists, will not destroy or in any way try to purposely harm them without provocation) , and often they are given food and water by the local street vendors. Even still, they are often overlooked and malnourished. The Thai equivalent of a humane society does pick up some of the strays and sterilizes them so that they cannot reproduce and then they either keep them on in a kennel for adoption, or in some cases, they put them back out on the street.

During my stay in Bangkok, I have become quite fond of the Soi Dogs and can go out on a limb and say that I’ve become friendly with some of them (provided I come bearing some form of the aforementioned meat on a stick). I have also grown far too accustomed to ignoring these animals’ plight. For this reason I decided to put up a post about them in an effort to raise some awareness and hopefully get people to be a little more proactive in helping these animals (if nothing else just give one of them a piece of meat on a stick).

Below are some pictures of some of the soi dogs in Bangkok and Thailand:

Although they are not as aggressively opportunistic as the Moscow Subway Dogs it is because Thailand is warmer and street food is usually more plentiful. However, many of these animals need to be cared for if possible and a program of adoption and population control would be very welcome so this cycle of homeless animals does not continue unabated.

In closing, for anyone who is interested in adopting or helping to assist these animals there is a wonderful organization in Thailand called SCAD, the Soi Cats and Dogs Rescue Mission. Their website can be found HERE. They do a lot to save these animals and find them homes when they can. I would recommend anyone, particularly those living in Bangkok, stop by their site. Hopefully, by raising some awareness and everyone doing their part, more of these animals will find homes and care.

Thanks for reading, For information about the owners of this blog please see Thailand Lawyer

Tags: Bangkok Soi Dogs, Soi Dogs, Street Dogs, Thailand Soi Dogs
Posted in Miscellaneous | 8 Comments »

Finding an American Immigration attorney in Thailand can be somewhat difficult due to the fact that there are quite a few “con-men” claiming to be visa experts in the Kingdom of Thailand. They range from people outright lying about being US Visa Lawyers to “visa agents” who claim they can assist in preparing Immigration forms for submission to USCIS or the US Embassy. In reality only a licensed American Attorney is allowed to represent clients before USCIS (Immigration).  Perhaps it is best to quote the USCIS website:

“Notarios, notary publics and immigration consultants may NOT represent you before USCIS. They may not give you legal advice on what immigration benefit you may apply for or what to say in an immigration interview. These individuals may NOT hold themselves out as qualified in legal matters or in immigration and naturalization procedure and may only charge nominal (inexpensive) fees as regulated by state law. In many other countries, the word “notario” means that the individual is an attorney, but that is not true in the United States. Individuals seeking help with immigration questions should be very careful before paying money to non-attorneys.”

Former Commissioner of the INS (now USCIS)  Doris Meissner at one point released a memo stating, “Only attorneys and accredited representatives may engage in the practice of law before the Service.” There are exceptions to this rule, but Meissner continued, “These exceptions are available only if the person receives no payment for the appearance.” She also wrote that the “practice of law includes advising individuals concerning the selection, completion, and filing of Service forms (such as petitions or applications), in addition to actually appearing before the Service officer… Even advice limited to something as simple’ as selecting and completing the proper Service forms constitutes the practice of law, since this depends on a legal conclusion that the client is eligible for the particular benefit.” For more on this memo and its effect on immigration consultants in the USA please click here.

Only an attorney licensed to practice law in at least one US state, territory, commonwealth, or the District of Columbia may represent clients in Immigration matters before USCIS. Therefore, any “visa agent” or “immigration consultant” that is claiming that they are a US Visa Lawyer and have the right to represent people before USCIS is lying.

The day before writing this post I personally went to the US Embassy in Bangkok in order to respond to a 221g refusal in the process of providing the information I spoke with a consular officer who probed me about my credentials. I showed him my state and federal bar cards and he very politely informed me that he apologized for any inconvenience, but he just wanted to ensure that I was duly licensed. This would similarly occur at USCIS if I had been representing a client there. Had I not been a licensed attorney, I do not know what would have happened. Although I have an idea because the consular officer explained that security had already been called. Had I not been able to produce the proper credentials I think I would have been escorted out.

For more Information about retaining the services of a licensed American Immigration Attorney in Thailand please see US Visa Lawyer Thailand

Note: None of the above information should be used as a substitute for advice from a competent US Immigration Attorney

Tags: us embassy bangkok, us embassy thailand, us visa attorney bangkok, us visa attorney thailand, us visa lawyer, us visa lawyer bangkok, us visa lawyer thailand
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What is Advance Parole?

It is an immigration travel document conferred by the USA.

Unlike a re-entry  permit, advance parole is granted to those who have yet to obtain lawful permanent resident status.  For the purposes of this post we will discuss advance parole with regard to the K1 Visa. Since the K1 Visa is a non-immigrant single entry visa  advance parole may be a necessity if one enters the United States and would like to subsequently leave after entry with permission to return upon the same visa. This is especially important in terms of adjustment of status. When a Thai spouse enters the USA on a K1 Visa she must adjust status in order to obtain lawful permanent residence (a “Green Card,” to use the colloquial term). Should she leave the US while the adjustment is still processing, her adjustment application will be canceled and the visa process will have to start all over again in order for her to re-enter the USA. Therefore, advance parole is a very important concept in terms of US Family Immigration. (Although a K-3 Visa is a non-immigrant visa it is a multiple entry visa so the issues of advance parole aren’t as important)

Advance Parole and US Possessions and Territories

In previous articles about advance parole, I have written about my hesitance to advise those in the USA on a K1 Visa to travel to certain possessions of the United States. I still renew this caution, but I believe some clarification of the travel issue can be found in the definition of “United States” found at 8 CFR Chapter 12 Subchapter 1 § 1101 (a) (38):

“The term “United States”, except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.”

This definition begs the question, “What about other possessions of the United States?”

Advance Parole Document

The United States is also in possession of : American Samoa, Palau, the Northern Marianas Islands, and the Marshall Islands. The United States is also in a compact of Free Association with the Federated States of Micronesia. It would appear from the definition of “United States,” provided in the Immigration and Nationality Act that one would need to obtain advance parole in order to travel to any of these minor US outlying possessions because they are not part of the United States for the purposes of the Immigration and Nationality Act.

I think it may be wise to look at issues of advance parole on a spectrum:

Travel within the 50 US States: No need for Advance Parole

Travel to Puerto Rico, the US Virgin Islands, or Guam after entry into the US on a K1 Visa: it would appear that one can travel to these possessions, but there may be an issue because these territories are not technically within the USA. I would strongly recommend against traveling to these locations (unless absolutely necessary and after consultation with a competent US visa lawyer in your jurisdiction)  until after the adjustment of status process is complete.

Travel to American Samoa, Palau, the Northern Marianas Islands, and the Marshall Islands: Pursuant to the INA’s definition of “United States” it would be highly inadvisable to travel to one of these places without first obtaining advance parole because these locations do not fall within the definition of “United States,” as the author reads it.

Travel to any other state not mentioned above: Advance parole a definite necessity.

Hopefully, this post has shed some light upon this subject, but as always, do not use any of the above as a substitute or in any way in lieu of legal advice from a competent licensed attorney with experience in US Immigration matters.

Tags: advance parole, Fiance Visa, Fiancee Visa, K1 Visa, us embassy bangkok, US Visa, us visa lawyer
Posted in US Visa and Immigration | 5 Comments »

The B-2 Tourist Visa is designed to allow the bearer entry into the USA for the sole purpose of visiting for short time leisure or entertainment. The Tourist Visa for a Fiancee or Spouse is generally not advisable because it is likely that a Thai applicant  for a Tourist Visa (in a relationship with an American) will be turned down due to a failure to overcome the presumption of immigrant intent made by the consular officer adjudicating the visa application. As a US Visa Lawyer I generally advise against the tourist visa unless the applicant truly fits the statutory elements requisite to obtain this travel document.

The Presumption of Immigrant Intent and the US Tourist Visa

Under Section 214(b) of the United States Immigration and Nationality Act (INA) there is a legal presumption that all applicants for non-immigrant visas (such as US B2 tourist visas and F-1 student visas) are actually “intending immigrants”. To put this another way, there is a legal presumption that a non-immigrant visa applicant intends to overstay in the United States in violation of the restrictions inherent to the visa. Therefore, the burden of proof is placed upon the applicant to establish that they will depart from the US at the conclusion of their stay in the USA. To overcome the presumption of immigration the applicant must prove through quantifiable evidence that they posses strong ties to their mother country (in this case Thailand) and weak ties to the United States. In the best case scenario these strong ties to Thailand should show that the applicant is essentially  required to leave the United States and return to Thailand at the end of their proposed trip.

This presumption becomes a major issue where a Thai-American couple wishes to obtain a US Tourist Visa for the Thai National in order to visit the USA. As stated above a “strong tie” such as having an American partner in a relationship could result in denial because there can be a plausible inference that the Thai may go to the United States and never return because they will remain in the United States with their loved one.

Visa Fraud Using the US Tourist Visa

Another issue that comes up with regard to US Tourist Visas for Thais is the issue of visa fraud and adjustment of status once present in the USA. It is technically visa fraud to enter the US on a Tourist Visa with intent to marry an American and adjust status. Many applicants in the past used the Tourist visa as an expedited alternative to the usual channels for US Family Immigration (K1 Visa and the US Marriage Visa) .  In a way, this past practice has resulted in heightened scrutiny on the part of the consular officers adjudicating B2 applications. The upshot of this heightened scrutiny seems to be a higher rate of rejection of those applicants for a Tourist Visa who have an American loved one (specifically, boyfriend, spouse, or fiancee, although the author cannot speak about those applicants who have other American relatives).

Tags: American Tourist Visa Thailand, B2 Visa, US Tourist Visa, US Tourist Visa Bangkok, US Tourist Visa Thailand
Posted in US Visa and Immigration, US Visa Thailand | 2 Comments »

In an earlier post Packet 3 was briefly discussed and explained. This, to a certain degree, begged the question: what is packet 4? Packet 4 is the packet that includes the: pertinent medical exam requirements, interview appointment and information regarding the visa interview at the US Embassy in Bangkok, Thailand. It should be noted that this phase of the US visa process occurs after the petition has been approved by USCIS and the National Visa Center and is pending final approval from the consular officer at the Embassy.

Packet 4 is probably the most important, albeit least discussed, piece of correspondence from the US Embassy because it contains the visa appointment information.

The Visa interview is one of the most daunting aspects of the American Immigration process. One of the reasons for this is the fact that Thai prospective immigrant are sometimes nervous because they lack fluency in English. There is some consolation in knowing that the staff at the American Embassy Bangkok does employ native Thai speakers and the Embassy officials do try to assist non-native speakers of English. That being said, they still are required to perform their job which is, in a way, that of performing due diligence and making certain that the applicant should be granted a visa.

In the case of US Family Visas (the K1 Fiance Visa and/or the US Marriage Visa), the “due diligence,” consists of ascertaining that the underlying relationship is in fact bona fide and making certain that the applicant is not inadmissible for any reason. Preparation for the visa interview often consists of going over possible questions with the applicant so that the best presentation of the underlying bona fide relationship is put forward.

There are certain Grounds of Inadmissibility and if the Thai applicant is inadmissible then the applicant will be denied a visa one must file a waiver application at Bangkok USCIS. The I-601 Waiver of Inadmissibility is discussed elsewhere, but it is mentioned here to explain the possible outcomes of the visa interview.  A finding of inadmissibility is not a common thing in the context of US family Immigration, but it should be noted that it does come up. If worried that one’s record may be grounds for a finding of inadmissibility, one should seek legal counsel. However, one should never lie to the Consular Officers at the US Embassy.  The problem with lying about a ground of inadmissibility is the fact that if one is caught lying (which is highly likely) then they will probably be found inadmissible for both the issue they were trying to cover up as well as lying to the consular officer and if a waiver is sought, then the lie has placed their credibility at issue which could diminish the chance of waiver application approval.

Note: Nothing contained in this post should be used in lieu of legal advice from a competent licensed attorney

Tags: American Embassy Bangkok, American Embassy Thailand, Inadmissibility, Packet 3, Packet 4, US Visa, Visa Interview, Waiver
Posted in US Embassy Thailand, US Visa and Immigration | 3 Comments »

Many people come to Thailand and make the decision to start a small (or not so small) business. Thailand has a very relaxed way of life, but when it comes to Thai company registration, the pitfalls can be many. Incorporating a Thai company can take a great deal of time and cause a great deal of frustration, but with the proper legal advice the process can be quite smooth, if not pleasant.

Types of Thai Company Structures

There are many different types of Thai corporate structures: Thai Limited Partnerships, Thai Unregistered Partnerships, Thai Public Limited Companies, and many others. We will mainly focus this piece on the Thai Limited Company. A Thai limited Company is very similar to incorporated entities in the USA. A Thai limited Company has one or more directors and a Managing Director, Thai limited Companies also have shareholders, but the Thai shares are not publicly traded and generally Thai shares are held by relatively few people. As the name suggests, Thai limited Companies have limited liability and are legal entities under Thai law. This means that in the eyes of the Thai legal system the Thai limited company is a person and will only be held liable for funds held in the company name.

Thai vs. Foreign Companies

Under Thai law, a Thai company must be 51% Thai owned in order to engage in most types of business. Otherwise, the Foreign owned company must obtain a foreign business license in order to conduct most types of business in Thailand. There are exceptions to this rule, the main exception being that a Thai company with a majority of American shareholders can petition for protection as a Thai Treaty of Amity Company.

Use of preferred voting shares to control a Thai company

Even if the majority of a company is owned by a Thai, it is possible for a foreigner to retain control of the Thai company through the use of voting stock, or preferred shares. This means that the shares of the company that the foreigner holds would have a disproportionate amount of voting rights and therefore the foreigner could annually vote himself into a Managing Directorship and thereby control the Thai company.

When doing business and registering Companies in Thailand it is often necessary to retain the services of a Bangkok Lawyer especially where sophisticated Thai corporate structures are being sought.

Thanks for reading the Integrity Legal Blog

Note: None of the above content should be used in lieu of legal advice from a competent Attorney in the jurisdiction one wishes to conduct business

Tags: Doing Business in Thailand, Thai Company Registration, Thai Company Setup, Thailand Business
Posted in Thailand Business | 2 Comments »

This is a  list of some of the best known on-screen Lawyers.  If it is not immediately apparent, I somewhat eschewed the usual courtroom movies (To Kill a Mockingbird etc.) in favor of the ones I actually enjoy rather than making an extremely boring list based upon movies that others claim are good. I am not saying that a movie such as To Kill a Mockingbird is bad, but I have just never liked some of the older movies about court (For some reason 12 Angry Men is one of my least favorite films). Some of these lawyers were good guys, others no so good. I am not condoning any of these characters’ actions. I also believe that all attorneys should have a high ethical standard, but fiction is fiction, fun is fun, and these characters are just entertaining to watch.

J. Lyman “Bruiser” Stone

Bruiser Stone was the Attorney Rudy Baylor went to work for in the beginning of the movie The Rainmaker, he was truly an ambulance chaser (using his network of police contacts to get a jump on the competition when an accident occurred).

Played by Mickey Rourke, Stone is as canny as he is flamboyant and a small exchange towards the end of the movie in which Bruiser or “Big Rhino” recites case law off the top of his head from an unknown offshore haven is a truly comical moment in an altogether great film.

Study hard in Law School and you two can go on to have 3 strip clubs and a life in self imposed Caribbean exile.

Sonny Seiler

Sonny Seiler was an actual attorney from Savannah Georgia and tried the first Murder trial of Jim Williams (which is basically the plot of the film Midnight in the Garden of Good and Evil). Jack Thompson’s portrayal of Mr. Seiler is almost akin to a caricature of the quintessential Southern Lawyer: sear sucker suit, heavy drawl, scotch at the bar, and an addiction to UGA football as epitomized by his caretaker position for the Bulldog mascot of the beloved Georgia Football team.

The best description of his abilities as an attorney comes from John Cusack’s character when he says, “I do believe that man can weave bullshit into Egyptian cotton.”

The real Sonny Seiler

His ability to sway a jury is evidenced in his opening statements after a weekend “hard at work” preparing his client’s defense (if you’ve seen the film, then you’ll understand the use of quotation marks).

John Milton

In the Film The Devil’s Advocate Al Pacino plays the Managing Partner of a Manhattan law firm.  It turns out that Pacino is in fact Satan and he is using the young attorney played by Keanu Reeves in a complex scheme to take over the world (as the Devil is generally known to do from time to time). Looking back on this film, in my opinion it is not the best movie ever made, but I have always enjoyed Pacino’s portrayal of Satan as a playboy attorney/demon having a ball on the streets of New York.

It is just fun to watch him have a good time.

Tom Hagan

Tom Hagan, the indefatigable Consigliere in The Godfather and The Godfather Part II, was one of Robert Duvall’s great roles and one of the key components missing from the third installment of the trilogy. Tom Hagan is definitely not the main character, but in a way he is the fulcrum of much of the plot surrounding the “family business.” His professionalism in such a cutthroat world is nearly awe inspiring especially when he is being held captive by a man who has already tried to kill his boss.

Tom Hagan fulfilling his role as the “guy behind the guy.”

Harry Rex Vonner

From the Film A Time to Kill: “What would Harry Rex Do? Cheat. Cheat like Crazy.” Although I’m not fond of the portrayal of all lawyers as being driven only by greed and having no regard for others, there was something mischieviously endearing about Harry Rex Vonner. Much like Doc Holliday helping the Earps in Tombstone, Harry Rex puts side his less-than-noble proclivities and uses his “legal acumen,” to help keep a man from going to death row.

…He may have just been interested in the free publicity.

Baldwin

Although Matthew McConaughey has played an attorney in more than one movie, his role in Amistad is often overlooked and it is one of my favorite portrayals of an attorney.  In the beginning of the movie McConaughey’s character is more interested in earning his daily bread than in making history or doing the morally right thing. As the film progresses he becomes entwined in the cause of the Africans and uses brilliant legal ability and courtroom oratory in order to win over a skeptical judge. Although John Adams, played by Anthony Hopkins, ultimately argues the case before the Supreme Court, were it not for Mr. Baldwin these people would never have made it that far.

I still can’t get Dazed and Confused out of my head.

Rudy Baylor

We return to the Rainmaker and my favorite of all the movie lawyers because he is an idealist who uses an insurance lawsuit to bring down a bloated and corrupt insurance company. Baylor’s trials and tribulations after law school graduation are both humorous and a realistic portrayal of what life is like for a young struggling attorney.  Baylor uses some questionable tactics when it came time for jury selection, but at the end of the day he was only playing the hand he’d been dealt. The fact that he chose a path somewhat more enlightened than that of Bruiser is all the more reason to like him.

“Sworn in by a Fool, and vouched for by a scoundrel, I am  lawyer at last.”

–The Rainmaker

Thanks for taking the time to read my little list, I hope you enjoyed it. For real life lawyers please feel free to visit us at Thailand Lawyers.

Tags: attorneys in film, attorneys in movies, lawyers in film, lawyers in movies, the rainmaker
Posted in Miscellaneous | 5 Comments »

Many people become concerned when it becomes time to prepare for the visa interview at the US Embassy in Thailand. Since the US Visa obtainment process can be a true, “hurry up and wait” game there are sudden flurries of activity followed by lulls of inaction. Packet 3 can be a stressful time for the Thai-American couple because it requires a great deal of document gathering and compilation. This is difficult for Americans gathering documentation, but for a Thai fiancee or spouse it can be nearly overwhelming. In some cases, people opt to hire a US visa lawyer in Thailand, but some opt to compile the necessary documentation on their own. Whichever path is taken, this post will shed some light upon what packet 3 is and what needs to be done to fulfill the packet 3 requirements before the Visa interview at American Embassy in Thailand.

What is Packet 3?

Packet 3 is the list of documentation and instructions for the visa interview at the US Embassy. Non-Immigrant Visa Applicants (K1 Visa and K3 Visa) will receive packet 3 from the Embassy in Thailand.  Immigrant Visa applicants (CR-1 and IR-1 Visas) will receive packet 3 from the National Visa Center rather than the US Embassy in Bangkok. The National Visa Center conducts a more extensive background check on immigrant visa applicants due to the fact that an immigrant visa confers permanent residence upon entry into the USA.

Some of the documentation can be difficult to obtain. This is especially the case in situations in which the applicant is registered on a Tabien Baan in a province far from Bangkok and must obtain documentation from the Amphur in his or her home amphur office. Name change certificates are one of the most sought after pieces of documentation that is difficult to obtain because they must be obtained from the Amphur and Thais tend to change their names far more often than Americans due to the fact that name change is a much less difficult endeavor for Thais.

Having an attorney with knowledge regarding the US Immigration process can be extremely helpful for getting a jump-start on the packet 3 process. Having foreknowledge of what documents are needed for packet 3 can greatly speed up the process because one can inform the Thai applicant as to what is needed beforehand and thus prepare accordingly.

For more in depth instructions regarding packet 3 click here

Please note:  nothing in this post should be taken in lieu of competent advice from an attorney and no decisions regarding any aspect of US Immigration should be made without extensive research and thoughtful calculation.

Tags: American Embassy Thailand, K1 Visa Thailand, K3 Visa Thailand, Packet 3, us embassy bangkok, us embassy thailand, US Immigration Thailand, US Marriage Visa, US Visa Thailand
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During the week, this blog is dedicated to providing legal information about both Thailand and the USA. However, on the weekend we like to write something that feels a little less like work. The following list is composed of laws that have been controversial over the years. It should be noted that many of these laws have had positive side effects, but overall, I felt that whatever benefit they conferred was outweighed by the harm they caused. Either that or I was trying to be funny (and probably failed), that being said, judge the following US Laws for yourself…

5. The Federal Income Tax Amendment

The next time you are frustrated at filling out your tax forms, just thank the American people at the turn of the century for voting in the Federal Income Tax Amendment.

Who enjoys paying their income tax? Well at one time in the United States federal income tax was unconstitutional. At some point around the 1900s some brilliant politicians decided that it was time this was remedied and put forward the 16^th Amendment to the US Constitution, also known as the Federal Income Tax Amendment. This Amendment made it legal to levy a direct federal income tax upon the American Citizenry. The pertinent language in the Amendment reads:

“The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”

Keep in mind the next time you pay your taxes that apparently at one point in America this seemed like a good idea. (In its defense, the Federal Income tax has decreased the massive disparities between rich and poor that caused much upheaval in the Early 20th Century, so it has had some positive effect, I just hate paying taxes).

4. The Smoot Hawley Tariff

In 1929, the prevailing wisdom regarding economic stimulus was something akin to an ostrich firmly planting its head in the sand. Apparently, the idea was that if the US raised its tariffs, then all other nations would simply be content to have no foothold in the American market, but not petition their own governments to enact the same tariffs in their countries. As it turned out, this economic reasoning was a tad shortsighted, to say the least.

Smoot and Hawley: An Economically Deadly Combination

The Smoot-Hawley Tariff Bill was signed into law on June 17, 1930. Its purpose was to raise US Tariffs on over 20,000 imports to unprecedented heights. At the time, more than 1,000 economists signed a petition denouncing the Tariff and, subsequent to the Bill’s passage, many European countries responded by drastically hiking tariffs on products manufactured in the USA, as a result, American imports and exports declined by nearly more than 50%. Contemporary economists argue that the Smoot-Hawley Tariff was the driving force behind the steep decline in U.S. trade and one of the main precursors to the Great Depression.

3. The Alien and Sedition Acts

The Patriot act of its time, the Alien & Sedition Acts were actually enacted by the original Patriots in an effort to stifle domestic opponents to the sitting Administration. John Adams signed the bill into law at the behest of is Federalist comrades (keep this in mind when fawning over the late second President in the form of Paul Giamatti).

These acts were promulgated at a time in America when the ruling party was embroiled in a Quasi-war and felt the need to repress dissension among both Americans and “undesirable aliens.” Sound familiar? The most repugnant portion of the legislation made it a criminal offense to publish “false, scandalous, and malicious writing” against the government, its agents, or officials.

Thomas Jefferson, Author of the Declaration of Independence (and all around pimp), passionately opposed the Act and even wrote state nullification legislation rejecting the bill as unconstitutional. The Act never was reviewed by the Supreme Court, but many legal scholars believe that it never would have withstood constitutional scrutiny.

TJ Keeping It Real

2. The Gulf of Tonkin Resolution

Lyndon Johnson was a master at manipulating the American legislative process for his own ends and the Gulf of Tonkin Resolution was possibly his masterpiece of political subterfuge. Framed as a seemingly limited and innocuous joint congressional resolution, the enactment gave the President the authority “to take all necessary steps, including the use of armed force, to assist any member or protocol state of the Southeast Asia Collective Defense Treaty requesting assistance in defense of its freedom.”

This Resolution was used as the legal reasoning behind the Administration’s use of armed force in Vietnam without an overt declaration of war by the US Congress.

Not His Most Statesmanlike Moment

In one of the few prescient quotes from an American politician, Senator Wayne Morse exclaimed, “I believe this resolution to be a historic mistake.” His feelings were vindicated, but only after thousands of lives were lost and American international credibility was drastically tarnished.

1. The Patriot Act

Quite possibly the single most despised piece of modern legislation since the Gulf of Tonkin Resolution, this law basically allows the US government to do whatever they want with regard to citizens and foreign nationals. An excerpt from Wikipedia sums it up nicely (if somewhat dispassionately):

“The Act increases the ability of law enforcement agencies to search telephone, e-mail communications, medical, financial, and other records; eases restrictions on foreign intelligence gathering within the United States; expands the Secretary of the Treasury’s authority to regulate financial transactions, particularly those involving foreign individuals and entities; and enhances the discretion of law enforcement and immigration authorities in detaining and deporting immigrants suspected of terrorism-related acts. The act also expands the definition of terrorism to include domestic terrorism, thus enlarging the number of activities to which the USA PATRIOT Act’s expanded law enforcement powers can be applied.”

So Orwellian

This law was passed by some of the widest margins in history and has subsequently become almost universally reviled proving once again that when unrestrained and fueled by fear a government can make some pretty rash and poor decisions. Hopefully, this act will one day be repealed and stand as a reminder that repressive and tyrannical laws are seldom the answer to safety issues.

Thanks for reading.

If you would like to read more about our primary specialty (US Immigration from Thailand) please see: US Visa Thailand.

Tags: Patriot Act, US Law, Worst American Laws, Worst US Laws
Posted in Legal Opinion | 11 Comments »

US Visa for a Thai Fiance or Spouse’s Child

An often asked question regarding US Immigration from Thailand is: how do I bring my Thai fiancee or wife’s Thai child with us to the USA. The answer to this question depends upon what type of visa is being sought. Each Family Visa category has a derivative visa counterpart. Therefore, the K1 Fiancee Visa has the K2 child Visa, the K3 has the K4 Child Visa, the Cr-1 has the Cr-2 for a Thai child, and the IR-1  has the IR-2 Child Visa. All derivative visa applications must be filed with the appropriate office of USCIS.

Conditions and Validity of a US Visa for a Thai Child

These derivative visas have the same conditions and validity as the underlying visa upon which they are based. Therefore in the case of the K-2 and K-4 Visa the visas are non-immigrant visas and therefore require adjustment of status before the beneficiary will obtain lawful permanent residence in the USA. It should be noted that failure to file for adjustment of status for the derivative visa could lead to the Thai child falling out of status in the USA. This could occur if the US Citizen spouse and the Thai mother of the Thai child file for adjustment of status, but, for whatever reason, fail to file on behalf of the child. The moment that the mother’s application for adjustment is approved the Thai child’s application is dead because the underlying visa has been canceled as a result of the status adjustment.

The CR-2 and IR-2 visas do not have this problem because they are immigrant visas and therefore adjustment of status is not a necessity once the visa holders arrive in the USA. However, with regards to the CR-2 Visa, since the underlying CR-1 Visa confers conditional permanent residence a filing for a lift of conditions is required for the CR-2.

Thai Children at the Visa Interview at the US Embassy in Bangkok, Thailand

Thai Child Immigrant’s presence will generally be required at the Visa interview at the US Embassy in Thailand. Although their presence is requested they may or may not be interviewed. To file for a derivative visa a concurrent visa filing must be submitted at the time of submitting the underlying visa petition.

In some cases, the Thai mother wishes to wait to bring the child to the USA until after the wedding or until after the move to the USA. In a case such as this, after the marriage or the arrival of the Thai wife in the US, the American  Citizen spouse may file a visa petition for the Thai child as a step-child or the Thai mother may file a visa petition on behalf of the child as a minor child of a lawful permanent resident (if the situation fits these facts). Generally, it is advisable to file the child visa petition concurrently with the underlying petition if speed is an issue.

For more information Please See: US Visa Thailand

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

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