Integrity Legal

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

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

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

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

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

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

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

For related information please see: Legal.

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

It recently came to this blogger’s attention that the US business visas categorized as the B-1 visa and the H-1B visa are making headlines on the World Wide Web. To quote directly from the official website of First Post, FirstPost.com:

Infosys announced on Tuesday that it had received a subpoena from a US District Court demanding documentation of its B1 visa usage, which is  the subject of a criminal investigation by the US Department of Justice (DOJ).

Those reading this web log are strongly encouraged to click upon the hyperlinks above in order to gain more perspective on this developing story. Concurrently, readers are also asked to remember that those accused of an illegal act, whether a natural person or a corporation, are innocent until proven guilty pursuant to America law.

Those unfamiliar with these visa categories should note that the B-1 visa is a non-immigrant visa designed for use by those who intend to remain in the United States for a short period of time for business meetings or training. Such travel documents do not permit the bearer to take up employment within the jurisdiction of the United States. Meanwhile, the H-1B visa is intended for those who wish to  undertake employment in the United States of America. In much the same way that a Thai business visa does not confer the right to work in the Kingdom of Thailand, only a Thai work permit entails such privileges, so too does a B-1 visa exclusively permit the bearer lawful status in the USA upon admission. Therefore, those wishing to work in the USA are generally required to obtain a visa which permits the bearer to work or obtain Employment Authorization. Those who have lawful permanent residence pursuant to entry in the USA on a CR1 Visa or an IR1 Visa are allowed to work in the USA.

The aforementioned article went on to note:

The DOJ’s criminal investigation is not the only legal claim Infosys is facing in relation to B1 visas. As Firstpost has previously reported, an Alabama-based employee named Jack “Jay” Palmer filed a civil lawsuit against the company in February alleging that Infosys used the B1 visa as a way to “creatively” manoeuvre around H-1B visa caps. (Infosys has consistently been the top recipient of H-1B visas in the US.)

Those seeking American immigration benefits should be aware of the fact that the privilege of working in the United States is not always easily obtained. Furthermore, those pondering immigration benefits should note that it is never prudent to be anything but 100% honest with American immigration officials as failure to be candid regarding one’s bona fide immigration intentions could have tremendous adverse ramifications. Consequences for failure to be forthright with immigration authorities could include fines, penalties, incarceration, or a finding of legal inadmissibility. Those found to be legally ineligible for admission to the United States of America may be able to rectify such inadmissibility through use of either an I-601 waiver or an I-212 waiver, depending upon the circumstances of the case.

Meanwhile, it appears that the Department of Homeland Security‘s Transportation Security Administration (TSA) is taking criticism from a federal legislator regarding the methodology surrounding the groping of individuals passing through airports in the USA. To quote directly from the official website of Real Clear Politics, RealClearPolitics.com:

The Hill reports: “I walked through … right behind me there was a grandmother — little old lady, and she was was patted down,” Rep. Paul Broun (R-Georgia) said on C-SPAN’s “Washington Journal.” “Right behind her was a little kid who was patted down. And then right behind him was a guy in Arabian dress who just walked right through. Why are we patting down grandma and kids?”

The administration of this blog strongly encourages readers to click upon the hyperlinks noted above to learn more.

It is certainly a credit to Representative Paul Broun that he is questioning TSA policies regarding groping of prospective passengers as it is this blogger’s personal opinion that such searches violate the provisions of the 4th Amendment of the Constitution of the United States of America. This news comes on the heels of a recent announcement that lawmakers in the sovereign State of Texas have withdrawn a recent bill brought before that State’s legislature to curtail the activities of the TSA. To quote directly from the website of the Texas Tribune, TexasTribune.org:

A threat from the federal government to shut down Texas airports or cancel flights may have killed legislation by Tea Party conservatives in the Texas Capitol to prohibit federal Transportation Security Administration agents from conducting “invasive searches.” “I don’t cave in to heavy handed threats by the federal government,” said an angry Sen. Dan Patrick, R-Houston, the Senate sponsor of the bill, who ultimately withdrew the bill. House Bill 1937, which was passed by the House earlier this month, would make it a misdemeanor offense for a federal security agent to “intentionally, knowingly, or recklessly [touch] the anus, sexual organ, buttocks, or breast of the other person, including touching through clothing, or touching the other person in a manner that would be offensive to a reasonable person.” Two TSA officials visited Patrick at the Capitol earlier today to discuss the legislation. They warned him that the legislation “could close down all the airports in Texas,” he said…

This blogger encourages readers to click on the hyperlinks above to find out more.

Clearly, the issue of TSA “pat downs” is controversial and can raise tempers. This blogger encourages readers to keep abreast of the stories above at it seems likely that the underlying issues will continue to be poignant in the days and weeks ahead. This may be especially true in the context of an upcoming election as issues pertaining to U.S. immigration and the 4th amendment may be of concern to prospective voters.

Tags: B-1 Visa, B-1 visas, B1 visa, CR-1 Visa, CR1 Visa, Department of Homeland Security, Department of Justice, DOJ, H-1B visa, H-1B visas, I-212 waiver, I-601 Waiver, Infosys, invasive searches, IR-1 Visa, IR1 Visa, Texas airports, Texas Capitol, Texas Senator Dan Patrick, Thai Business Visa, Thai Work Permit, Transportation Security Administration, TSA, TSA Groping, TSA invasive searches, TSA Pat Down, US business visas, US District Court
Posted in Transportation Security Administration (TSA), US Visa, US Visa and Immigration | No Comments »

It recently came to this blogger’s attention that a screener for the Transportation Security Administration (TSA) has been arrested in connection to charges stemming from child pornography. To quote directly from Philly.com:

A passenger screener at Philadelphia International Airport is facing charges that he distributed more than 100 images of child pornography via Facebook, records show.

Federal agents also allege that Transportation Safety Administration Officer Thomas Gordon Jr. of Philadelphia, who routinely searched airline passengers, uploaded explicit pictures of young girls to an Internet site on which he also posted a photograph of himself in his TSA uniform.

The administration of this web log highly encourages readers to click upon the hyperlinks above to read further from this story in order to gain perspective.

This arrest comes amidst calls from State and Federal legislators to reign in the activities of Transportation Security Administration personnel as such activities are coming to be increasingly viewed by many as arbitrary, capricious, and quite possibly in violation of Constitutional protections designed to protect the inalienable rights of United States Citizens. To quote directly from myfoxdfw.com: 

DALLAS – Full body pat-downs at airports are under heavy scrutiny in Austin. Representative David Simpson of Longview is sponsoring a bill that would make it illegal for Transpiration Security Administration agents to enforce full body searches without justification. The agent conducting the enhanced pat-down could face a felony charge and jail time. “We’ve got a draw a line somewhere,” Simpson said. “We’ve got young children, autistic children, seperated from their mother saying, ‘Stranger danger! Stranger danger!’ Man, oh boy. We’re teaching our children it’s indecent. It’s wrong to let these people in these areas except for a doctor.”

The administration of this blog asks readers to click upon the links above to view this story in further detail.

Texas is not the only sovereign American State to question the methodology of the Transportation Security Administration as this blog previously reported that some New Hampshire State legislators are attempting to take measures to curtail the TSA’s activities. An update on that story can be found by quoting directly from the website WHDH.com:

MANCHESTER, N.H. — A new proposal in New Hampshire would make some controversial TSA security exams a crime. The bill, which is clearly aimed at the Transportation Security Administration, would make an invasive pat down at the airport felony sexual assault unless the screener has probable cause to do the search. “We’re telling the TSA, if they violate our laws and they sexually assault our citizens, we’re going to do something about it,” said Rep. George Lambert, legislation co-sponsor.

In the recent past it appeared as though only State legislators were scrutinizing this issue intensely, but it recently came to this blogger’s attention that State legislators have been joined by a Federal legislator in calling for a rollback of what are perceived to be invasive and questionably Constitutional tactics currently employed by the Transportation Security Administration (TSA). To quote directly from Townhall.com:

In the latest battle of David vs. Goliath, Rep. Jason Chaffetz is taking on the TSA again, this time against the backdrop of a revolting video showing a TSA pat-down of a 6-year-old girl. Chaffetz has introduced a bill that would call for parental consent before minors are subjected to pat-downs at airport security. A parent would also be allowed to be present for the pat-downs. According to Utah’s Daily Herald, Chaffetz’s 15 year old daughter was forced to undergo a private pat-down without parents present. The bill, just introduced, does not specify what would happen if a parent refuses consent for a pat-down of a minor. Chaffetz has challenged the TSA several times on invasive and unproven security procedures like the full body scan machines and the detailed pat-downs, but TSA continues to be inconsistent in their policy implementations. Back in November, the agency said that there would be modified pat-downs for children under 12, since there was no intelligence — even internationally — that children that age were being used in terrorist attacks. However, the video circulating the internet shows no body areas of the 6-year-old girl were off limits in the frisking.

Those reading this blog are encouraged to click on the hyperlinks above to view this story in detail.

Readers interested in seeing the video of the groping of the 6 year old child alluded to above are encouraged to click HERE.

In light of all of the events and issues noted above this blogger would ask the reader to take the time to read the following:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

How are “random” searches reasonable? Under the specific facts seen in the video above, how is it reasonable to assume that it is okay to grope a six year old child without probable cause? Where is the rule of law? Meanwhile, are any of these searches occurring pursuant to a warrant based upon probable cause and supported by an oath or affirmation? If not, then under what authority are these searches occurring?

In response to the incident involving the child the TSA web log noted:

A video taken of one of our officers patting down a six year-old has attracted quite a bit of attention. Some folks are asking if the proper procedures were followed. Yes. TSA has reviewed the incident and the security officer in the video followed the current standard operating procedures.

This blogger cares very little for the justifications being posed by the TSA on this point as they are simply naked assertions which are not based upon anything other than the TSA’s unilateral opinion. Under the United States legal system the “current standard operating procedures” are always to be in compliance with the 4th Amendment, especially if a search concerns an American Citizen. If they are not in compliance with the 4th Amendment and the US Constitution, then such procedures are, in this blogger’s opinion: unlawful. Hopefully TSA will rectify their behavior as it seems likely that further tensions could arise as State and Federal legislatures along with local authorities take it upon themselves to protect the civil liberties of their Citizenry and constituents. It is hoped that these issues will be resolved to the benefit of all concerned, but clearly issues surrounding American Citizens’ right to freedom from unreasonable search and seizure must be dealt with in order to uphold the American Peoples’ Constitutional protections.

For related information please see: Necessary and Proper Clause.

Tags: 4th Amendment, child pornography, Facebook, New Hampshire, Pennsylvania, Philadelphia, Representative David Simpson, Representative Jason Chaffetz, Search and Seizure, Texas, Transportation Safety Administration Officer Thomas Gordon Jr., Transportation Security Administration, TSA, TSA uniform, unresonable search and seizure, US Constitution
Posted in Transportation Security Administration (TSA) | No Comments »

It recently came to this blogger’s attention that a 9th circuit decision in the United States Federal Court System regarding issues associated with the 4th Amendment as well as issues which could impact American agencies such as the United States Customs and Border Protection (USCBP) Transportation Security Administration (TSA) and the United States Immigration and Customs Enforcement Service (USICE, but sometimes referred to simply as ICE) has been handed down.  To quote directly from a recent article posted on Yahoo News at Yahoo.com:

If you can’t let a day go by without accessing your personal data and files, you’d better think twice about crossing the border back into the U.S. with your computer.  That’s because digital devices such as a laptop computer can be seized at the border without a warrant and sent to a secondary site for forensic inspection.

That ruling from the U.S. Court of Appeals for the Ninth Circuit last week is the second in less than a year that allows the U.S. government to conduct offsite searches of digital devices seized at the border without a warrant, Network World reported.

This could have big implications for business travelers, in particular, who are increasingly mobile and frequently carry laptops and other digital devices containing sensitive personal and company information across our borders. If your data reveals traces of criminality or illegal kinkiness when examined, your troubles will go way beyond temporary data denial.

This blogger has yet to take a great deal of exception with regard to American policy regarding the 4th Amendment at Ports of Entry in the United States of America as most occurrences that this blogger deals with in connection to such matters involve those who are not American Citizens, or for that matter sometimes not even lawful permanent residents or non-immigrants. Therefore, due to the wide latitude granted to Congress under their plenary authority regarding matters touching upon non-US Citizens and immigration policy it is difficult for this blogger to make cogent hypothetical arguments for people who have few, if any, rights under the American legal system. That said, when it comes to the search and seizure of American Citizens it is clear that Constitutional protections of Americans’ liberties must be taken into zealous consideration. The aforementioned article continued on Yahoo.com:

Writing for the majority, Judge Richard Tallman said, “The border search doctrine is not so rigid as to require the United States to equip every entry point — no matter how desolate or infrequently traveled — with inspectors and sophisticated forensics equipment.”

The administration of this blog highly encourages all readers to click upon the above cited hyperlinks to read more from this thought provoking story.

This blogger does not particularly take exception with the notion of the so-called “border search doctrine” per se, but this blogger has always felt as though little consideration has been accorded to the notion of the rights, privileges, and immunities of both United States Citizenship as well as underlying State Citizenship (if applicable to the individual being legally analyzed as some individuals come by their United States Citizenship either through operation of law or naturalization).

With all due respect to this Court as their decision had to be made pursuant to the unique set of law and facts available under the circumstances, this blogger’s “hackles get raised” anytime the issues associated with the fundamental rights, privileges, and immunities of United States Citizenship are at issue. Therefore, in order to shed more light upon this subject to the readership of this blog this blogger felt it might be enlightening to note some language from the introduction of the dissent in this case as quoted directly from Judge Betty B. Flecther:

I respectfully dissent. The “sticking point” of this case is not whether the Government’s authority “to subject incoming travelers to inspection for entry also permits the Government to transport property not yet cleared for entry away from the border to complete its search.” Maj. Op. at 4219-20. The real issue, as this case is framed by the government and the majority, is whether the Government has authority to seize an individual’s property in order to conduct an exhaustive search that takes days, weeks, or even months, with no reason to suspect that the property contains contraband.^[1] In other words, the problem with this case is not that the Government searched Cotterman’s computer in Tucson as opposed to Lukeville. The problem is that the Government seized Cotterman’s laptop so it could conduct a computer forensic search, a time consuming and tremendously invasive process, without any particularized suspicion whatsoever. [emphasis added]

Those reading this blog are highly encouraged to click upon the links above to read the entire opinion as posted on Google Scholar.

Clearly, the ruling in this case could have a dramatic impact upon those individuals traveling in or through the United States of America. That said, it remains to be seen whether or not this case sees appeal to the United States Supreme Court and should such an appeal be heard: the opinion thereof.

For related information please see: Arrest Warrant.

Tags: 4th Amendment, Arrest, arrest warrant, Criminal Law, Criminal Procedure, Detainment, Google Scholar, U.S. Court of Appeals for the Ninth Circuit, United States Customs and Border Protection Service, United States Immigration and Customs Enforcement Service, United States Supreme Court, USCBP, USICE
Posted in Extradition, US Constitution, US Warrants, USCBP, USICE | No Comments »

It recently came to this blogger’s attention that an attorney formerly associated with the United States Immigration and Customs Enforcement Service (USICE, sometimes referred to by the acronym ICE) has received a criminal conviction which involves public corruption. To quote directly from the New York Paralegal Blog:

LOS ANGELES—A senior attorney with U.S. Immigration and Customs Enforcement (ICE) was sentenced this morning to 212 months in federal prison for taking nearly one-half million dollars in bribes from immigrants who were promised immigration benefits that would allow them to remain in the United States.

ICE Assistant Chief Counsel Constantine Peter Kallas, 40, of Alta Loma, received the 17⅔-year sentence from United States District Judge Terry J. Hatter Jr.
In addition to the prison term, Judge Hatter ordered Kallas to pay $296,865 in restitution after fraudulently receiving worker’s compensation benefits.

“Mr. Kallas has received one of the longest sentences ever seen in a public corruption case,” said United States Attorney André Birotte Jr. “Mr. Kallas took in hundreds of thousands of dollars in bribes—money he obtained by exploiting his knowledge of the immigration system. The lengthy sentence reflects the seriousness of the crimes, which were a wholesale violation of the public trust.”

Those interested in reading more are highly encouraged to click on the above hyperlinks to learn more.

It is unfortunate any time there is a situation where a public official is engaged in corruption. The case cited above is notable for the fact that the United States government is clearly not treating such cases as anything less than serious. Corruption is a concern for all polities around the world as corruption can undermine the very fabric of the political system in which it occurs. One of the most important aspects of the United States is the high ethical standard by which public servants must adhere. This blogger has personally found that public servants at the Department of Homeland Security, USCIS, and the US Embassy in Bangkok are all helpful and highly ethical, but not all government employees are up to such standards, as evidenced by the quotation above. However, there is a tendency among the public at large to view innocent and upstanding public servants through the same lens as the former attorney noted above. This would be a mistake, most public servants are ethical hard working people who are simply interested in doing the job they were retained to perform. Casting all public servants in the same light as the former ICE agent noted above would fail to take into account the significant contribution of the public servants currently providing valuable services to the American public.

For related information please see: USICE.

Tags: Department of Homeland Security, ICE, New York Paralegal Blog, U.S. Immigration and Customs Enforcement, United States Immigration and Customs Enforcement Service, us embassy bangkok, US Embassy in Bangkok, us embassy thailand, USCIS, USICE
Posted in USICE | No Comments »

It recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) may be changing some of the procedures associated with the processing of immigration petitions pertaining to the application for issuance of the CR-1 visa, IR-1 visa, K-1 visa, and K-3 visa filed by United States Citizens and Lawful Permanent Residents. To quote directly from a recent USCIS Memo posted on ILW.com:

This memorandum provides guidance to USCIS service centers regarding changes in the handling of all stand-alone I-130 and I-129F petitions filed by petitioners who have been convicted of any “specified offense against a minor” under the Adam Walsh Child Protection and Safety Act of 2006 (“Adam Walsh Act” or “AWA”) and related issues.1 This memorandum applies only to petitions that are adjudicated at the service centers and not to petitions adjudicated at USCIS field offices.

Generally I-130 petitions (the categorical designation used to refer to the petition for a CR-1 visa or an IR-1 visa) are processed by the USCIS Service Center designated by the lockbox upon receipt. In some cases, it may be possible to process an I-130 petition at one of the various USCIS field offices located abroad, such as the USCIS office in Bangkok. The I-129f petition (categorical designation used to denote the US fiance visa or K1 visa) can only be processed at a USCIS Service Center in the USA as the field offices overseas do not process such petitions as of the time of this writing. To quote further from the previously mentioned memorandum:

USCIS will centralize at VSC all files currently at service centers if the service center adjudicator has made a preliminary determination that the petition warrants review as an AWA-related case. The VSC will serve as a central clearinghouse for inquiries from Federal, State, and local agencies regarding AWA-related cases that are pending or were recently adjudicated at one of the four service centers [hereafter referred to as “originating service center” or “sending service center”]. While AWA-related cases require special handling, the decision to centralize AWA-related adjudications at the VSC will affect caseloads at other service centers only minimally.

Clearly, the United States Citizenship and Immigration Service (USCIS) is making policy changes in an effort to take steps to more efficiently process cases requiring further scrutiny pursuant to the Adam Walsh Act (AWA). In a way, the Vermont Service Center’s role in AWA-related cases is somewhat similar to the role of the National Visa Center in the overall US visa process as that agency is tasked with acting as a sort of clearinghouse for visa applications arriving from USCIS and being processed out to a US Embassy or US Consulate abroad. Although, NVC is under the authority of the Department of State whereas the Vermont Service Center (like the other USCIS Service Centers) is under the jurisdiction of the Department of Homeland Security (DHS) and USCIS.

For related information please see: Adam Walsh Act.

Tags: Adam Walsh Act, American Immigration Attorney, American Immigration lawyer, American Visa Attorney, American Visa Lawyer, AWA, CR-1 Visa, CR-1 Visa Thailand, IR-1 Visa, K-1 Visa, K-1 Visa Burma, K-1 Visa Cambodia, K-1 Visa China, K-1 Visa Hong Kong, K-1 Visa India, K-1 Visa Indonesia, K-1 Visa Laos, K-1 Visa Myanmar, K-1 Visa Philippines, K-1 Visa Singapore, K-1 Visa Taiwan, K-1 Visa Thailand, K-1 Visa Vietnam, K-3 Visa, K-3 Visa Thailand, K1 Visa Cambodia, K1 Visa Laos, K1 Visa Thailand, K1 Visa Vietnam, National Visa Center, NVC, United States Citizenship and Immigration Service, US Immigration attorney, US Immigration Lawyer, US Visa Attorney, us visa lawyer, US Visa Thailand, USCIS, USCIS Processing Times
Posted in CR1 Visa, Department of Homeland Security, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, National Visa Center, US State Department, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Those following this blog or the many other sources of information available on the World Wide Web may have, no doubt, noticed the impact of the recent tragedy in Japan and the unfolding events springing therefrom. The tragic plight of the Japanese people was further highlighted recently by what appears to be a trend among many nations in their refusal to allow imports of foodstuffs from Japan. To quote directly from the website NAMnewsnetwork.org:

TOKYO, March 24 (NNN-BSS) — Australia, Canada and Singapore joined a list of countries shunning Japanese food imports Thursday as radioactive steam wafted anew from a disaster-struck nuclear plant, straining nerves in Tokyo.

The grim toll of dead and missing from Japan’s monster quake and tsunami on March 11 topped 25,000, as hundreds of thousands remained huddled in evacuation shelters and fears grew in the megacity of Tokyo over water safety.

The damage to the Fukushima nuclear plant from the tectonic calamity and a series of explosions has stoked global anxiety. The United States and Hong Kong have already restricted Japanese food, and France wants the EU to do the same.

The administration of this blog highly encourage readers to click on the above hyperlinks to read further about the situation in Japan. As the situation becomes more dire in Japan it would appear that even Japan’s key allies are unable to allow importation of possibly dangerous food products. The authorities in the Kingdom of Thailand appear to be taking preventative measures regarding importation of possibly tainted food as well. To quote directly from Bloomberg.com:

Thailand will check all fruit and vegetable imports from Japan’s main island, Honshu, before allowing their sale and will randomly screen other products such as fish, Pipat Yingseri, secretary-general of the Thai Food and Drug Administration, told a media conference today. The country hadn’t found any abnormal contamination since checks started in mid-March, he said.

As Thai, Hong Kong, Chinese, American, Australian, Canadian, and Singaporean authorities place restrictions on food imports, speculation abounds as to the response from other countries in the Asia-Pacific region as well as member States of the Association of Southeast Asian Nations (ASEAN). In discussions regarding the ramifications of the Japanese Crisis it may be best to remember the human elements which are constantly present in all of these regulatory and policy calculations.

As the situation in Japan continues to have global implications it remains to be seen how the various governments and international organizations around the world will react both politically and economically. One thing is clear, the crisis in Japan has the potential to completely reshape the geopolitical situation in Asia from both an economic as well as political perspective. How this change will impact both Thailand and the ASEAN community will be of increasing interest to the administration of this web log.

For related information please see: Legal.

Tags: American Business, ASEAN, ASEAN reaction to Japanese Crisis, ASsociation of Southeast ASian Nations, Australia, Canada, China, Hong Kong, Japan Crisis, Legal, Pipat Yingseri, Singapore, Thai Food and Drug Administration, Thailand, Thailand Customs, US Customs, USCBP
Posted in American Business, ASEAN Business, Australian Migration, Cambodia Business, China Business, Laos Business, News, Opinion, Thailand Business, Thailand Customs, US Embassy Japan, US Embassy Tokyo, USCBP | No Comments »

In recent months the likelihood of a government shutdown seems to be increasing as the politicians in the United States capital seem to be more polarized than ever. Meanwhile, some are arguing in favor of a shutdown (even going so far as to advocate for an extended period of governmental closure). At the same time, others argue against a shutdown. Regardless of one’s opinion either way, it seems possible that a shutdown may occur, and in the event that a shutdown does come to pass, those processing an immigration matter may be prudent to research the impact that a shutdown might have upon the immigration process.

The following was quoted directly from a recent posting on the website CaldwellTeaParty.org:

The next month will be marked by intense negotiations on the debt ceiling, and the GOP will then have to decide on a shutdown or a bipartisan budget deal with Kent Conrad and his allies.

The above citation most clearly and concisely sums up the current state of affairs regarding the possibility of a government shutdown. The administration encourages readers to click on the above links as this issue is quite complex. Those interested in understanding the ramifications of a government shutdown may be best informed by this administration quoting directly from Wikipedia:

A government shutdown occurs when a government discontinues providing services that are not considered “essential.” Typically, services that continue in spite of a shutdown include police, fire fighting, armed forces, utilities, air traffic management and corrections.

A shutdown can occur when a legislative body (including the legislative power of veto by the executive) cannot agree on a budget financing its government programs for a pending fiscal year. In the absence of appropriated funds, the government discontinues providing non-essential services at the beginning of the affected fiscal year. Government employees who provide essential services, often referred to as “essential employees”, are required to continue working.

Although the above citation clears up the issue of what constitutes a government shutdown, the question likely on the mind of those with foreign loved ones processing through the immigration system is: how would a government shutdown impact the processing of my loved one’s visa? The answer: a Federal government shutdown would result in a sort of “freeze” of most of the immigration apparatus as this falls within the bailiwick of the Federal government. Therefore, a Federal shutdown would likely result in little, if any, action being taken with regard to adjudication of visa applications  at each US Embassy or US Consulate abroad. For further insight it may be best to quote directly from a recent posting on the Diplopundit blog:

In 1995, all visa applications are walk-in.  Today, a good number of consular sections have online appointment systems. Which means, visa appointments will have to be canceled and rescheduled if there is a shutdown.  Consular sections may only be open for life and death emergencies. That means lost passport applications, reports of births abroad, adoption cases, notarials, etc. will all have to wait until the Federal government reopens.

The administration of this blog highly encourages readers to click on the above hyperlinks as the quotation above was found in a very interesting and detailed posting dealing with these issues.

Clearly, the ramifications of a government shutdown will be severe for those awaiting processing of a visa application. Meanwhile, it would appear as though USCIS will continue to operate as normal despite a possible shutdown. To quote directly from the website Martindale.com:

USCIS has announced that, because it is funded by filing fees, it should remain open during a government shutdown. The operations of the four Service Centers should remain largely unaffected. Local USCIS District Offices should also remain open.

Again, this blogger highly encourages readers to click on the hyperlinks above to learn more.

Notice that the above quotation uses the word should. This blogger only points this out as it goes to show how difficult it is to foretell what the impact of a government shutdown would be on the United States Citizenship and Immigration Service (USCIS) since that agency has attempted to remain self-funded through application fees. That said, the overall issue of government shutdown has yet to fully manifest itself, but that should not be construed to mean that it will not. In fact, those seeking American visas are likely to see an overall slowdown in the overall processing of cases as a result of a shutdown (should one actually occur, which remains to be seen).

Tags: American government shutdown, American Visa Process Government Shutdown, US Consulate shutdown, US Embassy shutdown, US government shutdown, US Visa Process Government Shutdown, USCIS shutdown
Posted in CR1 Visa, Department of Homeland Security, E1 visa, E2 Visa, EB5 Visa, I-601 Waiver, IR1 Visa, J1 visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, News, Transportation Security Administration (TSA), US Business, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Vladivostok, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Brunei Darussalam, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Kyrgyz Republic (Kyrgyzstan), US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Russia, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Taxes, US Tourist Visa, US Visa, US Visa and Immigration, US Visa Thailand, USCBP, USCIS, USICE, Visa Waiver | No Comments »

สำหรับผู้ที่ไม่ได้ติดตาม หน่วยบริการการป้องกันเขตแดนและศุลกากรสหรัฐอเมริกา (USCBP) มีหน้าที่รับผิดชอบในการตรวจสอบในส่วนของการเข้าเมืองสหรัฐอเมริกา อาจจะมีความเป็นไปได้ที่จะได้รับการอนุมัติที่ทำให้การเข้าเมืองเร็วขึ้นในหลายๆส่วนของการเข้าเมืองและทั่วทั้งสหรัฐอเมริกา อ้างโดยตรงจากโฮมเพจของเว็บไซต์ GlobalEntry.gov:

GlobalEntryเป็นโปรแกรมสำหรับป้องกันเขตแดนและศุลกากรสหรัฐอเมริกา (CBP) ซึ่งอนุญาตให้มีการเร่งการตรวจสอบสำหรับก่อนการอนุมัติ นักเดินทางที่มีความเสี่ยงน้อยที่จะมาถึงสหรัฐอเมริกา แม้ว่าตั้งใจเพื่อจะเดินทางเป็นนักเดินทางต่างชาติอยู่บ่อยๆ แต่คุณสมบัติของการเข้าโปรแกรมนั้นไม่มีตัวเลขขั้นต่ำของความจำเป็นที่จะเดินทาง ผู้เข้าร่วมอาจจะเข้าในสหรัฐอเมริกาโดยการใช้บริการอัตโนมัติที่ติดตั้งอยู่ในสนามบิน

ตามที่อ้างไว้แล้ว อาจจะมีความเป็นไปได้ที่ผู้ที่อยู่ในโปรแกรมเข้าไปในสหรัฐอเมริกาโดยใช้ระบบอัตโนมัติมากกว่าที่จะใช้ระบบมาตรฐานของการเข้าเมืองสหรัฐอเมริกาโดยวิธีการเข้าเมืองแบบดั้งเดิม เพื่อความเข้าใจยิ่งขึ้นขออ้างโดยตรงจาก หน้า “เกี่ยวกับ” ในเว็บไซต์ GlobalEntry.gov:

ในสนามบิน โปรแกรมที่ผู้เข้าร่วมทำการผ่านระบบ Global Entry นำเสนอเครื่องที่สามารถอ่านพาสปอร์ตสหรัฐอเมริกา หรือบัตรถิ่นที่อยู่ถาวร โดยการสแกนลายนิ้วมือเพื่อที่จะพิสูจน์ลายนิ้วมือ และประกาศพิธีการทางศุลกากร แผงอัตโนมัตินี้ออกใบเสร็จรับเงินการเดินทางและนำผู้เดินทางไปสู่การนำส่งสัมภาระและทางออก

ผู้เดินทางต้องได้รับการอนุมัติก่อนสำหรับโปรแกรมการเดินทางเข้าทั่วโลก ผู้สมัครทั้งหมดอยู่ภายใต้กฎระเบียบที่เคร่งครัดและการสัมภาษณ์ก่อนการลงทะเบียน

ในขณะที่จุดประสงค์ของการเดินทางเข้าทั่วโลกนั้นช่วยเร่งให้ผู้เดินทางในระหว่างกระบวนการ สมาชิกอาจจะได้รับการเลือกที่จะตรวจสอบเพิ่มเมื่อมีการเดินทางเข้าสหรัฐอเมริกา การละเมิดข้อตกลงและเงื่อนไขของโปรแกรมจะส่งผลที่เหมาะสม และการยกเลิกสิทธิประโยชน์การเป็นสมาชิกของผู้เดินทาง

บริการความมั่นคงชายแดนและศุลกากรมีคำสั่งที่คอยตรวจสอบการเข้าเมืองสหรัฐอเมริกาเช่นเดียวกับการบังคับใช้กฎหมายศุลกากร ในขณะเดียวกัน USCBP ได้มีการจัดตั้งคณะกรรมการย่อยขององค์การความร่วมมือทางเศรษฐกิจเอเชียแปซิฟิกซึ่งมีความร่วมมือทางเศรษฐกิจกับประเทศในกลุ่มเอเชียแปซิฟิกที่หลากหลาย ในปัจจุบันนี้ตำแหน่งของเอเปคของสหรัฐอเมริกาเนื่องจากมีการเปลี่ยนจากญี่ปุ่นเป็นสหรัฐอเมริกาในเดือนพฤศจิกายน 2010

บทความนี้คงไม่เป็นที่สับสนในโปรแกรมการเข้าเมืองทั่วโลก ไม่ว่าจะเป็นระบบอิเล็กทรอนิกส์สำหรับอำนาจในการเดินทาง (ESTA) หรือ การขอยกเว้นสิทธิวีซ่า (VWP, ซึ่งโดยตัวเองอาจจะสับสนกับการขอยกเว้นสิทธิ I-601 หรือ I-212) ด้วยความแตกต่างนี้และอาจจะไม่เกี่ยวข้องกัน สำหรับการหาข้อมูลเพิ่มเติมเกี่ยวกับ ESTAและVWP

To view this posting in the English language please see: United States Customs and Border Protection Service

Tags: ESTA, Global Entry P, Global Entry Program, I-212, I-212 waiver, I-601, I-601 Waiver, United States Customs and Border Protection Service, USCBP
Posted in USCBP | No Comments »

For those who are unaware, the United States Customs and Border Protection Service (USCBP) is responsible for monitoring the ports of entry to the United States of America. For some, it may be possible to receive a sort of pre-approval for expedited admission at the various ports of entry in and around the United States.  To quote directly from the homepage of the website GlobalEntry.gov:

Global Entry is a U.S. Customs and Border Protection (CBP) program that allows expedited clearance for pre-approved, low-risk travelers upon arrival in the United States. Though intended for frequent international travelers, there is no minimum number of trips necessary to qualify for the program. Participants may enter the United States by using automated kiosks located at select airports.

As noted in the citation above, it may be possible for those who are in the program to enter the United States using an automated kiosk rather than the standard method of entering the USA through a classic immigration checkpoint. In order to better understand this it may be best to quote directly from the “About” page of the website GlobalEntry.gov:

At airports, program participants proceed to Global Entry kiosks, present their machine-readable U.S. passport or permanent resident card, place their fingertips on the scanner for fingerprint verification, and make a customs declaration. The kiosk issues the traveler a transaction receipt and directs the traveler to baggage claim and the exit.

Travelers must be pre-approved for the Global Entry program. All applicants undergo a rigorous background check and interview before enrollment.

While Global Entry’s goal is to speed travelers through the process, members may be selected for further examination when entering the United States. Any violation of the program’s terms and conditions will result in appropriate enforcement action and revocation of the traveler’s membership privileges.

The Customs and Border Protection Service has a broad mandate to monitor the ports of entry to the United States as well as enforcing relevant customs law. Meanwhile, USCBP recently held the chair of a subcommittee of the Asia-Pacific Economic Cooperation (APEC) organization, which is dedicated to economic coordination of the various Asia-Pacific countries. Currently, the United States of America chairs APEC since the chair was turned over to the United States from the Japanese in November of 2010.

Those reading this posting should not confuse the global entry program with the Electronic System for Travel Authorization (ESTA) nor the visa waiver program (VWP, which itself should not be confused with the I-601 waiver or the I-212 waiver) as these are different programs and may not be relevant to those seeking information regarding ESTA and the VWP.

For related information please see: USCIS.

Tags: APEC, Customs and Border Protection Service, Electronic System for Travel Authorization, ESTA, Global Entry, Global Entry Program, I-212 waiver, I-601 Waiver, United States Customs and Border Protection Service, US Immigration, US Visa, USCBP, Visa Waiver Program, VWP
Posted in USCBP | No Comments »