Integrity Legal

Although delicate, the issue of prostitution in Thailand and the impact upon United States Immigration is something that an American Immigration attorney in Thailand should discuss, if for no other reason than the fact that there is a great deal of misinformation about this topic throughout the internet.

First, the relevant law: The United States Immigration and Nationality Act §212(a)(2)(D) has the following to say on the topic of inadmissibility and prostitution:

(D) Prostitution and commercialized vice

Any alien who—

(i) is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of status,

(ii) directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, admission, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10-year period) received, in whole or in part, the proceeds of prostitution, or

(iii) is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution,

is inadmissible.

It should be noted that legality is not an issue when it comes to prostitution as even a legal act of prostitution is a legal ground of inadmissibility from the United States of America. In the US State of Nevada, prostitution is legal provided the brothel has a license and comports to certain regulatory rules with regard to health and advertising. However, the act of prostitution itself is not illegal under in Nevada so long as the prostitute works in a licensed establishment. Regardless of the fact that the act may be legal, the Immigration and Nationality Act still makes the act a legal grounds of inadmissibility if it occurred within 10 years of the application for admission to the United States of America.

This seemingly glaring disjunction is the result of the American doctrine of Federalism. In the US, there is one sovereign in the form of the Federal government and 50 sovereigns in the form of the 50 US states. It is possible that State and Federal law will occasionally conflict. For Immigration purposes, the Federal regulations and statutes are controlling over state law. Therefore, regardless of the fact that an act of prostitution may be legal in a US state, it may still be a legal grounds of inadmissibility if it occurred within 10 years of an application for admission to the USA.

In Thailand this is important to note because prostitution is only vaguely defined in criminal statutes. Under the provisions of the Thai Prevention and Suppression of Prostitution Act of 1996 the definition of prostitution is defined as:

“‘prostitution’ means sexual intercourse, or any other act, or the commission of any other act in order to gratify the sexual desire of another person in a promiscuous manner in return for money or any other benefit, irrespective of whether the person who accepts the act and the person who commits the act are of the same sex or not…”

The obvious problem with this definition is the phrase “in a promiscuous manner.” Authorities in Thailand seem to operate under the assumption that acts of prostitution occurring in private are not promiscuous and therefore do not meet the legal definition of prostitution. The United States immigration authorities do not take this view and their view of prostitution falls in line with the more traditional definition which mandates finding of previous engagement in acts of prostitution if the individual in question was paid in exchange for providing sexual gratification.

If a Consular Officer at a US Embassy or US Consulate abroad finds an alien inadmissible because the alien has engaged in prostitution within 10 years of filing an application for a US visa, then the alien will not be able to obtain a US visa, nor will they be allowed to enter the United States of America. This decision is not subject to appeal.

What is the solution if an alien is found inadmissible based upon a finding that they have engaged in prostitution within 10 years of applying for a US visa? Fortunately, the Immigration and Nationality Act provides a remedy for those who are found inadmissible under these circumstances. An I-601 waiver may be filed with USCIS and if approved, the alien will be able to seek admission to the United States of America.

Throughout the internet there are those who claim that the best way to avoid this issue is to lie to a Consular Officer or “omit certain facts.” This practice is highly inadvisable. First, it is illegal and in some cases punishable by five years in a federal penitentiary and a $250,000 fine. Second, it could lead to further problems for an alien because lying to a Consular Officer could result in a finding that the alien had engaged in fraud and misrepresentation which is a separate ground of inadmissibility. Third, such advice is highly unethical and reflects adversely upon anyone who advises a client to lie to a Consular Officer or in a visa application. Run, don’t walk, away from anyone who gives this kind of advice as it is unethical, illegal, and could result in a permanent bar to entering the United States.

Our firm’s policy is to disclose all legally relevant facts and deal with the legal consequences in a straightforward manner.

For More Information Please See: US Visa Thailand.

Tags: 601 Waiver, fiance visa bargirl, fiancee visa bargirl, I-601, I-601 Waiver, I601, I601 Waiver, Inadmissibility Prostitution, k1 visa bargirl, k1 visa prostitution, k3 visa bargirl, k3 visa prostitution, Prostitution, Prostitution Waiver, Thai fiancee worked in a bar, Thai girlfriend worked in a bar, Thai wife worked in a bar, Thailand bargirl visa, US Visa for Bargirl, US visa for girl who worked in a bar, US visa for someone who worked in a bar, US Visa Prostitution Waiver, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, USCIS | 1 Comment »

Recently, this author came across an announcement that a new refugee bill was introduced in the United States Senate. Senator Patrick Leahy, a Democratic Senator from the State of Vermont, introduced the “The Refugee Protection Act of 2010.” The provisions of the Act would supplement the Refugee Act of 1980.

In another recent announcement the American Immigration Lawyers Association (AILA) discussed the ways that the proposed bill will improve conditions for American refugees. The following list of improvements was quoted directly from the AILA website:

“Increased Protections for Asylum Seekers:

• Eliminate the requirement that asylum applicants file their claim within one year of arrival.
• Protect particularly vulnerable asylum seekers by ensuring they can pursue a claim even where their persecution was not socially visible.
• Ensure fair process by requiring an immigration judge to give notice and an opportunity to respond when the judge requires corroborating evidence of the asylum claim.
• Give an applicant the opportunity to explain and clarify inconsistencies in a claim.
• Enable minors who seek asylum to have an initial interview with an asylum officer in a non-adversarial setting.
• Allow the Attorney General to appoint counsel where fair resolution or effective adjudication of the proceedings would be served by appointment of counsel.

Reforms to the Expedited Removal Process:

• Require the referral of asylum seekers to an asylum officer for a credible fear interview, and, if credible fear is found, for an asylum interview.
• Authorize the United States Commission on International Religious Freedom to conduct a new study on the effects of expedited removal authority on asylum seekers.

Parole of Asylum Seekers:

• Codify the current DHS policy that asylum seekers be considered for release (“parole”) and requires DHS to issue regulations establishing criteria for parole.
• Establish a nationwide, secure “alternatives to detention” program.
• Require changes in the immigration detention system to ensure asylum seekers and others have access to counsel, medical care, religious practice, and visits from family.

Terrorism Bar to Admissibility:

• Modify definitions in the statute to ensure that innocent asylum seekers and refugees are not unfairly denied protection as a result of the material support and terrorism bars in the law, while ensuring that those with legitimate ties to terrorist activity will continue to be denied entry to the United States.

Protection for Refugees and Asylees:

• Eliminate the one-year waiting period for refugees and asylees to apply for a green card.
• Allow certain children and family members of refugees to be considered as derivative applicants for refugee status. All such applicants must pass standard security checks.
• Authorize the Secretary of State to designate certain groups as eligible for expedited adjudication as refugees.
• Prevent newly resettled refugees from slipping into poverty by adjusting the per capita refugee resettlement grant level annually for inflation and the cost of living.”

How this bill fares in the Senate remains to be seen, but one can hope that some new measure of protection will be accorded to foreign refugees seeking asylum in the United States of America, particularly in the context of expedited removal as this can cause a great deal of suffering for many of those trying to get into the United States in order to flee persecution.

United States Immigration for Refugees is a major concern in Southeastern Asia as there are many displaced ethnic and religious groups throughout the region. In most cases, refugees come from countries such as Burma or Laos, as Thailand sees few refugees departing for America. For further information regarding American visas from Southeast Asia and Thailand specifically please see: US Visa Thailand.

Tags: Asylum, expedited removal, Refugee, refugees, The Refugee Protection Act of 2010, US Immigration, US Visa, US Visa Thailand, US Visas
Posted in US Visa and Immigration, US Visa Thailand | No Comments »

Many people ask this author: Why do I need a Thai work permit? There is a common misconception that the Thai Labor and Immigration authorities take a lax stance with regard to unauthorized employment. Many others labor under the misconception that a Thai visa, particularly a Thai business visa, confers the right to work in Thailand. Unfortunately, many people believe that the Thai “mai pen rai” (no worries) attitude extends to those working illegally in the Kingdom. This is simply untrue as Thais view unauthorized employment as a serious violation of Thai law.

In the United States, the expansion of some of the powers of the Department of Homeland Security has resulted in the relatively new phenomenon of Federal agents raiding businesses in search of those aliens working illegally. Operations such as this fall under the mandate of agencies such as the Immigration and Customs Enforcement (ICE) Service. In the Kingdom of Thailand, the Immigration and Labor authorities are not nearly as sophisticated as their counterparts in the United States of America, but they seem to take their jobs no less seriously.

As a case in point, recently the Pattaya Daily News website is reporting the following:

“A Briton, who was working illegally as a bar cashier at a beer bar in Pattaya’s Walking Street, was arrested by Immigration officials and will be prosecuted under the terms of the Immigration Act dealing with offending aliens.”

A long term expatriate in Thailand would not be greatly surprised by this announcement as most long term residents are used to some of the more draconian measures that are sometimes taken with regard to unauthorized employment in Thailand. With that said, compared to the United States, the Thai authorities are generally fairly lenient on most immigration matters, but there are exceptions and unauthorized employment can be problematic for the person working illegally. To quote the aforementioned website further:

“Pattaya, March 17, 2010, [PDN]: at 1am this morning, a team from Chonburi Immigration Office (which has recently amalgamated the respective Immigration departments of Pattaya and Chonburi), led by Superintendent of Immigration, Police Colonel Athisavis Kamolruth, surrounded [a bar], located [on] Walking Street, as it had come to their notice that there was at least one foreigner working there illegally, without a work permit…The team duly identified themselves as officers of the Immigration Police and asked for [the foreigner's] passport and work permit. When he was unable to produce a  work permit, the Immigration Police took him to the Chonburi Provincial Immigration Office at Jomtien for further questioning...He was duly cautioned that as an alien, temporarily in the kingdom, he was not allowed to work and would be prosecuted for having contravened the law.“

One aspect of this article that is interesting to note is the fact that Immigration agencies in Chonburi are consolidating and it would seem that by doing so they are becoming a more dynamic organization with an eye toward better enforcement of Thai Immigration and Labor laws.

For further information about Immigration to Thailand please see: Thailand visa.

Tags: Thai Business Visa, Thai Visa, Thai Work Permit, Thailand Business Visa, Thailand Immigration, Thailand Visa, Thailand Work Permit, unauthoarized employmnet, working without a work permit in Thailand
Posted in Thailand Visa, Thailand Work Permit | No Comments »

For regular readers of this blog, it is probably no surprise that some of the most recent USCIS Service Center processing time estimates are being put up as a courtesy to readers and the immigrant community at large. However, we have begun adding other visa category processing time estimates as there may be those in Thailand interested in either the L1 visa for intracompany transferees or the E2 visa for those trading in the United States under the US-Thai Treaty of Amity.

The following are the processing time estimates from the California Service Center as of January 31, 2010:

The following are the processing time estimates for the Vermont Service Center as of January 31, 2010:

Please note that these estimates are for USCIS processing only and do not include processing time for an application at the National Visa Center or at the US Embassy or US Consulate that will ultimately adjudicate a foreign national’s visa application. Please be advised that recent changes implemented by NVC may have a dramatic impact upon the overal K3 Visa process, but these policies should not effect the processing of a K1 visa.

For information about assisting a loved one with US visa obtainment please see: Thai Girlfriend Visa.

Tags: Amity Treaty, CR1 Visa, E2 Visa, E2 Visa Thailand, I-129f, I-130, IR1 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, L1 Visa, L1 Visa Thailand, Thai Girlfriend Visa, Treaty of Amity, US-Thai Treaty of Amity
Posted in Amity Treaty, CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, US Consulate Chiang Mai, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand, USCIS | 9 Comments »

Many people contact this author in order to ask questions about the United States Immigration process. Sometimes, a question becomes so common that I feel the need to post an article about the subject on this blog. The question that has been recently posed with great frequency is: Can I get my Thai girlfriend to the United States on a US tourist visa? Strictly speaking, yes, but this answer needs to be highly qualified. Anyone who is approved for a US tourist visa can go to the United States and request admission, but obtaining approval of a US tourist visa application can be difficult for the boyfriend or girlfriend of an American Citizen. The difficulty arises under the provisions of the United States Immigration and Nationality Act.

Pursuant to Section 214(b) of the United States Immigration and Nationality Act a Consular Officer at a United States Embassy or United States Consulate-General is required to make a presumption that a non-immigrant visa applicant is actually an intending immigrant unless they can prove otherwise. This, in turn, leads to a factual analysis by the Consular Officer. The Consular Officer must believe that the applicant has “strong ties” to their home country, or any other country outside of the USA, and “weak ties” to the United States. In many cases, the mere existence of a US Citizen boyfriend or girlfriend will mitigate against any “strong ties” abroad and lead to a visa denial under section 214(b). This reasoning on the part of US Embassy personnel should not be misconstrued as a personal denial. Instead, the officer is legally compelled to deny a tourist visa application if the applicant cannot overcome the presumption imposed by section 214(b).

Many people then ask the question: can this visa denial be appealed? No, although an applicant may ask for a tourist visa application to be reopened. That being said, in virtually all cases, the denial will be upheld. A Consular Officer’s factual findings are not subject to appeal based upon the doctrine of Consular Absolutism. However, a legal finding may be subject to reversal. With that in mind, one should recognize that a visa denial under section 214(b) is a factual determination and therefore not generally subject to reversal.

If a couple truly has a bona fide intention to marry in the USA and apply for adjustment of status, then a tourist visa is really not the correct travel document as it specifically precludes immigrant intent (unlike a dual intent travel document such as a K1 visa or an L1 visa). Therefore, if the couple wishes to marry and adjust status, then a Fiance Visa is a more appropriate travel document. However, the couple must have a truly bona fide intention to marry and not simply a pretextual intention in order to pursue US Immigration benefits.

For further information for about visas in general and the complex issues surrounding family based petitions please see: US Visa Thai Girlfriend.

Tags: Fiance Visa, Fiancee Visa, K-1 Visa, K1 Visa, K1 Visa Thai Girfriend, K1 Visa Thailand, Thai Girlfriend Visa, US Tourist Visa Thailand, US Visa Denial Thailand, US visa denied Thai girlfriend, US Visa For Thai, US Visa Thai Girlfriend, US Visa Thailand, visa denial Thai girlfriend
Posted in Adjustment of Status, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 6 Comments »

On this blog, we have previously discussed the notion of Comprehensive Immigration Reform. Many people feel that the time has come for a complete overhaul of the American Immigration apparatus. It would seem that most groups in the United States feel that a change is necessary, but no one seems to be able to agree about what kind of change needs to occur. Recently, the American Immigration Lawyers Association (AILA) made their opinion known in a press release:

“The American Immigration Lawyers Association (AILA) welcomed President Obama’s announcement that his commitment to comprehensive immigration reform is unwavering and that he would proceed with an overhaul of the immigration system this year if he could attract necessary Republican support…”

The announcement went on to list the ways in which the organization hopes to see the United States Immigration system reformed:

“AILA believes any effective, long-term solution to the immigration problem must: 1) require the undocumented population to come out of the shadows and earn legal status; 2) ensure that American businesses are able to hire the workers they need to help grow our economy while protecting U.S. workers from unfair competition; 3) reduce the unreasonable and counterproductive backlogs in family-based and employment-based immigration by reforming the permanent immigration system; and 4) protect our national security and the rule of law while preserving and restoring fundamental principles of due process and equal protection.”

Another blog post promulgated on the AILA Leadership blog was somewhat more critical of the recent Presidential announcement:

“[N]ews that Senators Schumer and Graham met with President Obama about immigration reform would have been a whole lot better if they had all committed themselves to actually rolling up their sleeves and getting to the hard work of introducing a bill, rather than just talking about one.”

There seems to be a feeling among many conservatives and liberals that the Immigration reform process is not moving forward at all and any official discussion of immigration issues simply results in political rhetoric. To quote the AILA Leadership blog further:

“True, the President reaffirmed his “unwavering” commitment to comprehensive immigration reform. But he didn’t actually commit the Administration to doing anything about it at this time. Rather, Obama’s carefully worded statement made clear that he will not likely do anything about the broken immigration system until it is politically feasible. As it stands now Congress is embroiled in a nasty partisan fight over health care reform, and not likely to be receptive to an immigration overhaul as the November election nears.”

Many have asked why this blogger writes about CIR in the USA as it will likely have little practical impact upon those seeking US Immigration benefits in Thailand. This author feels that although the family-based immigration system is unlikely to see a great deal of change, Comprehensive Immigration Reform will probably have many repercussions for those processing a visa application from Southeast Asia. If nothing else, the delays caused by processing changes could have a dramatic impact upon the process as a whole.

For further information about US Immigration from Thailand please see: US Visa Thailand.

Tags: American Immigration, CIR, Comprehensive Immigration Reform, US Immigration, US Immigration News, US Immigration Reform
Posted in US Visa and Immigration, US Visa Thailand | No Comments »

Fraud and white collar crime are significant concerns for any country as such activities can have a very harmful impact upon investors, consumers, and the overall economy. Apparently, there has been a noticeable rise in the number of certain types of white collar crime in the Kingdom of Thailand. Such schemes, called Pyramid schemes or Ponzi schemes have been prevalent in many western countries in the past and have seen a resurgence since the rise of the internet. In Thailand, such schemes appear to be on the rise. The website Thaivisa.com is reporting upon this issue in Thailand:

“Pyramid scheme businesses can survive at the expense of people being lured into the trap of hope to earn quick money although the authorities have been attempting to impede pyramid scheme swindlers by educating people about such incidents. Nonetheless, self-awareness to greed is the vital key to ensure that no one will fall into the trap, if we can change this value in each individual, pyramid scheme businesses will no longer appeal to anyone.”

Apparently, the Kingdom of Thailand has been a very popular place for those who specialize in Pyramid schemes and Ponzi schemes. That being said, most such enterprises claim to be something other than simply a Pyramid Scheme:

“In the last few years, pyramid scheme businesses have gained significant popularity Thailand as people have been lured into making investments in some intangible businesses. Nowadays, some of pyramid scheme swindlers disguise themselves as either direct sales or tourism enterprises, making it even more difficult for innocent people to differentiate and for authorities to trace the frauds.”

Most people understand that the forces of greed, if left wholly unchecked, can result in major aberrations in capitalist countries. Most nations, Thailand included, take measures to place a check upon those who would harness unwitting individuals’ greed and use it for their own purposes. However, at the end of the day, the population at large must be educated about the dangers of Pyramid Schemes:

“Legal officials have cautioned people to check before deciding to invest and to do some research on whether the companies have legally registered with the OCPB or if previous complaints have been filed by consumers or not. Furthermore, Ms Sareeya admitted that some companies did not conduct their businesses according to the plan submitted to the OCPB. She stressed that pyramid scheme businesses would focus more on financial return and recruitment of more members instead of tangible goods or services while some companies only had their goods available in catalogs.”

Those foreign nationals interested in investing in Thailand may be wise to conduct serious due diligence with regard to certain investment vehicles. Due Diligence may even need to be conducted for what turns out to be a legitimate Thailand Company in order to ascertain whether the buyer will receive what they bargained for. In any case, if a potential investor believes that “it sounds too good to be true,” then there is apparently a good chance that it probably is.

For more information on legal issues in Thailand please see: American Attorney Thailand.

Tags: American Attorney Thailand, Investing In Thailand, Ponzi Scheme, Ponzi Scheme Thailand, Pyramdi Scheme, Pyramid Schem Thailand, Thailand company
Posted in General Legal Information, Thailand Business, Thailand company | 1 Comment »

An often asked question among foreign nationals in Thailand is: Can we get married in Thailand? More often, the question is posed with some variation. For example: Can two Americans get married in Thailand? Or, can two Canadians get married in Thailand? Finally, a common question: my fiancee is British (or any other nationality) and I’m an American, can we get married in Thailand? All of these questions can be answered relatively quickly: Yes, provided all parties meet the legal requirements.

Thailand marriage registration can be very quick when compared to certain common law jurisdictions. In many States in the USA, there is a statutorily prescribed waiting period between marriage license obtainment and marriage solemnization. In Thailand, there is no such delay. In many ways, the Thai civil administration system is much more streamlined when compared to the common law system, particularly that of the United States. In the US, the separation of powers and federalism create a system in which different sovereigns have different methods of registering a marriage. In Thailand, the system is uniform and marriage records are kept at the local Amphur Office (or Civil Registrar’s Office). The Amphur keeps copies of Marriage Registration information as well as household registration information known as a Tabien Baan.

Obtaining a household registration for a foreigner (known as a Foreign Tabien Baan or a Yellow Tabien Baan) can be difficult, but marriage registration for foreign nationals really depends upon the country of nationality. Thai officials require that foreigners prove their marital status by obtaining documentation from their Embassy or Consulate that is accredited to Thailand. For those from common law jurisdictions it can be relatively easy to obtain such documentation, but other civil law jurisdictions can cause difficulties. It may be best for those interested in registering a marriage in Thailand to check with their Embassy or Consulate to ascertain how long it would take to obtain certain necessary documentation (Most notably, an affidavit of an ability to marry).

Although it is not something that some people wish to discuss at the time of marriage, the issue of divorce in Thailand is important. Thai Courts may or may not take jurisdiction over a divorce involving two foreign individuals married in Thailand and therefore jurisdiction for a later divorce proceeding may depend upon other factors. Finally, in any conversation about marriage registration it should be noted that a Thai Prenuptial Agreement will only be enforceable if it is registered at the same time as the marriage.

Tags: Amphur, Amphur Office, Divorce in Thailand, fiancee, Foreign Tabien Baan, Get Married In Thailand, marriage in Thailand, Married in Thailand, Tabien Baan, Thai prenuptial agreement, Thailand Marriage Registration, Yellow Tabien Baan
Posted in Thailand Marriage Registration | 31 Comments »

On many occasions, this author has discussed the issue of the unauthorized practice of law in the context of US Immigration. This problem has been significant in certain areas of the United States as well as abroad. Certain Immigrant groups are more susceptible to fraud than others as it can be difficult for some to decipher who is eligible to represent clients before the United States Citizenship and Immigration Service (USCIS) and other agencies under the jurisdiction of the Department of Homeland Security.

Recently, USCIS had a collaboration session to discuss the issue of unauthorized individuals practicing law. The following is a quote from a release promulgated by USCIS’s Office of Public Engagement:

“Scope of the Problem:

• The unauthorized practice of law encompasses various activities, including:

• Applying for benefits on behalf of an immigrant who is ineligible for those benefits

• Misrepresentation of facts in documents submitted to USCIS

• Accepting an applicant’s money without ever submitting any documents to USCIS (this is the hardest to track because USCIS has no record of the unauthorized practitioner or documents submitted on behalf of the applicant)

• Other examples include unauthorized practitioners who claim to be able to obtain labor certifications for employers

• Primarily a “local issue of national scale”

• Many unauthorized practitioners promise to expedite cases, and then take an applicant’s money and disappear – applicants are willing to pay more to an unauthorized practitioner than they would to a private attorney because they may believe that notary publics can provide premium services (stems from a difference between the role of notary publics in the U.S. and other countries)

• Some attorneys lend their names and bar numbers to UPL practices – these attorneys can be disciplined for failure to supervise, but there is nothing that can be done to the unauthorized practitioners

• Unauthorized practitioners sell forms through their websites and conduct phone consultations

• There are companies overseas that claim to provide assistance with the “green card lottery”

• In recent years, there has been an increase in internet-based scams

• Unauthorized practitioners include ex-government officials, including previous employees of INS, USCIS, DHS, and DOS

• Unauthorized practitioners often threaten to report applicants to USCIS or ICE when they complain about fees or lack of service

• Most serious threat is mom and pop shops that advertise with flyers and in local papers or through referrals and hand out business cards advertising themselves as notary publics or attorneys

• Applicants have an incentive to protect unauthorized practitioners because once an unauthorized practitioner is caught, all cases are reopened

• Some therapists working with U visa applicants assist clients with preparing/filing forms”

Unfortunately one of the worst consequences of hiring an unauthorized representative is that the applicant’s case may be reopened and scrutinized if it is found that they were assisted by someone without authorization to practice US Immigration law. US immigration lawyers routinely “clean up the mess” caused by those without the knowledge base or ethical standards required to represent clients in American Immigration proceedings.  For this reason, it is always prudent to ascertain at the outset if an individual is really entitled to practice law. This can be learned by asking to see a copy of the individual’s US license to practice law in the Supreme Court of one of the 50 states or a territory of the United States. A Bar Association Membership Card can also shed light on an individual’s credentials. In the case of non-profit entities, a copy of a document confirming the organization or individual’s accreditation by the Board of Immigration Appeals (BIA) may also be used to prove an ability to represent people before the Department of Homeland Security.

For those seeking advice about US Immigration from Thailand please see: US Lawyer Thailand or US Visa Thailand.

Tags: American Immigration, unlicensed practice of law, UPL, US Immigration, US Immigration Law, US Immigration Thailand, US Lawyer Thailand, US Visa, US Visa Thailand, USCIS
Posted in Legal Opinion, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

This blog regularly discusses scam artists and fly by night operators who claim to be licensed US immigration lawyers, US “visa agents”, or “immigration consultants.” However, it was has been rare to see these people brought to justice. In recent months the New York State Attorney General has been increasingly putting pressure upon these types of operators. In a recent posting on the AILA (the American Immigration Lawyers Association) Leadership Blog the writer reports that the Attorney General’s efforts are finally bearing fruit:

“The latest victory in the fight against immigration fraud and victimization was announced by Cuomo’s office on March 1, 2010. The Attorney Generals’ Office has won a court judgment of more than $3 million against a “consultant” in Queens who has targeted and defrauded immigrants. In this case, the “consultant” routinely charged a retainer of $7,000 with fees often reaching up to $15,000 per person for the promise of permanent residence. The consultant wrongly claimed that she could get permanent resident status through alleged relationships with government officials. Of course, the services were never performed and the consultant routinely refused to give refunds or return documents.”

Refusals to provide refunds when appropriate, refusals to remit documentation, an inability to complete necessary tasks, and contentions of “special influence” are all hallmarks of these types of operators as most of these activities are either unethical or illegal. Those harmed in the matter discussed above at least have been granted some measure of recompense as the AILA Leadership Blog noted:

“As a result of Cuomo’s lawsuit, the New York Supreme Court has ordered the consultant to pay full restitution to 37 families who came forward and demonstrated that they were defrauded by this consultant. An additional $2.7 million in penalties was imposed for engaging in the unauthorized practice of law and misrepresentation of services that could be performed. The consultant is also permanently restricted directly and indirectly from engaging in the business of immigration-related services.”

Hopefully, this judgment will grant some relief to those detrimentally affected by this individual’s actions. In a final quote from the Blog:

“…New York City and State continues and serves as an example for all who are committed to fighting immigration fraud and the unauthorized practice of law.”

This author could not agree more adamantly. I applaud the efforts of Attorney General Cuomo as the unlicensed practice of law is a serious issue that can have very unfortunate consequences for the “clients” of those claiming to be attorneys. As always, if seeking legal advice about any matter make certain that the person providing the advice can produce a license to practice law in the jurisdiction where they are practicing. In the case of US Immigration law, an American attorney should be able to produce a Bar Card or license promulgated by the highest court in one of the 50 United States as defined in the US Immigration and Nationality Act.

For information about US Immigration attorneys in Thailand, please see: US Visa Thailand.

Tags: Atorney General Cuomo, immigration consultant, unlicensed practice of law, US Immigration, visa agent, Visa Company
Posted in General Legal Information, US Visa and Immigration, US Visa Thailand | No Comments »