Integrity Legal

Recently, we have received a number of inquiries regarding the so-called Green Card lottery. In the past, Congress created a visa category designed to allow certain foreign nationals access to the United States as Permanent Residents provided they meet occupational requirements and are natives of certain countries which are underrepresented as immigrant groups in the USA. A yearly lottery is held to determine who shall be granted this type of visa.

The State Department is very clear about the fact that assistance in filling out the Diversity Visa application is probably not a necessity in most cases, and they further warn prospective Visa applicants to be wary of those claiming they can assist in the process or “guarantee” a visa. Integrity Legal does not assist with Diversity Visa applications. That being said, as a courtesy to our readers, below is a list of the countries whose nationals are entitled to apply for Diversity Visa benefits for 2010.

The list below shows the countries whose natives are eligible for Diversity Vise in 2010, grouped by geographic region, for more information please see the State Department Website:

AFRICA
Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo, Democratic Republic of the Cote D’Ivoire (Ivory Coast), Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe, Persons born in the Gaza Strip are chargeable to Egypt.

ASIA
Afghanistan, Bahrain, Bangladesh, Bhutan, Brunei, Burma, Cambodia, East Timor, Hong Kong Special Administrative Region, Indonesia, Iran, Iraq, Israel, Japan, Jordan, Kuwait, Laos, Lebanon, Malaysia, Maldives, Mongolia, Nepal, North Korea Oman, Qatar, Saudi Arabia, Singapore, Sri Lanka, Syria, Taiwan, Thailand, United Arab Emirates, Yemen

Natives of the following Asian countries are ineligible for this year’s diversity program: China (mainland-born), India, Pakistan, South Korea, Philippines, and Vietnam. Hong Kong S.A.R and Taiwan do qualify and are listed above. Macau S.A.R. also qualifies and is listed below (Europe). Persons born in the areas administered prior to June 1967 by Israel, Jordan, and Syria are chargeable, respectively, to Israel, Jordan, and Syria.

EUROPE
Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark (including components and dependent areas overseas), Estonia, Finland, France (including components and areas overseas), Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kazakhstan, Kosovo, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Macau Special Administrative Region, Macedonia, Malta, Moldova, Monaco, Montenegro, Netherlands (including components and dependent areas overseas), Northern Ireland, Norway, Portugal (including components and dependent areas overseas), Romania, Russia, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Tajikistan, Turkey, Turkmenistan, Ukraine, Uzbekistan, Vatican City

Nationals of the following European countries are ineligible for this year’s diversity program: Great Britain (United Kingdom) and Poland. Great Britain (United Kingdom) includes the following dependent areas: Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, St. Helena, and Turks and Caicos Islands. Note that for purposes of the diversity program only, Northern Ireland is treated separately; Northern Ireland does qualify and is listed among the qualifying areas.

NORTH AMERICA
The Bahamas

In North America, natives of Canada and Mexico are ineligible for this year’s diversity program.

OCEANIA
Australia (including components and dependent areas overseas) Fiji, Kiribati, Marshall Islands, Micronesia, Federated States of Nauru, New Zealand (including components and dependent areas overseas), Palau, Papua New Guinea, Solomon Islands, Tonga, Tuvalu, Vanuatu, Samoa

SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN
Antigua and Barbuda, Argentina, Barbados, Belize, Bolivia, Chile, Costa Rica, Cuba, Dominica, Grenada, Guyana, Honduras Nicaragua, Panama, Paraguay, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Uruguay, Venezuela

Countries in this region whose nationals are ineligible for this year’s diversity program: Brazil, Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Jamaica, Mexico, and Peru.

For information about Integrity Legal’s Immigration Services please see: Fiance Visa Thailand

(Be Advised: This content does not constitute legal advice. Please seek legal advice from a licensed attorney. No Attorney/Client Relationship is created by reading this piece.)

Tags: American Visa Thailand, Diversity Visa, Green Card Lottery, US Visa Information, US Visa Thailand
Posted in General Legal Information, Legal Opinion, Miscellaneous, US Visa and Immigration, US Visa Thailand | No Comments »

Information swirling around the internet regarding prenuptial agreements can be less than helpful or downright dangerous. One thing to bear in mind is the fact that writing one’s own prenuptial agreement is generally not a wise idea because an attorney understands the legal implications of certain language used in the agreement. Someone without legal training might be unaware of the consequences involved when using or omitting certain key phrases.

There is a rather common misconception that prenuptial agreements will be held inviolate by the courts. This is frankly not true. There are situations where a court will throw out a prenuptial agreement. For this reason, it may be doubly important that professional legal counsel be retained in order to forestall a judicial nullification of an otherwise duly formalized prenuptial agreement.

A misconception of less prevalence in the United States, but perhaps more prevalent in the Kingdom of Thailand is the idea that prenuptial agreements will be automatically thrown out of court. This belief is especially widespread among the British expatriate community in Thailand. Although it is true that British Courts take a dim view regarding prenuptial agreements, there are some instances of the court taking them into account when dividing marital property, but as a rule, they are not generally recognized. That being said, Thai courts will recognize a duly formalized prenuptial agreement and for this reason it is probably prudent for the expat with assets that he wishes to protect in Thailand to register a prenuptial agreement at the time of the Thailand Marriage Registration.

Some people believe that prenuptial agreements can make stipulations regarding child custody. It is an almost universal fact that prenuptial agreements that make provisions for child custody, particularly with regard to as-yet unborn children, will be thrown out of court, because it is the Court’s duty to make decisions regarding the child based upon the best interests of that child.

In most jurisdictions in the United States provisions can be made that will limit spousal maintenance should their be a dissolution. In any case involving the waiver of maintenance rights, it is prudent to have an independent attorney explain the agreement to the non-drafting fiancee. This forestalls the agreement being thrown out because the fiancee was ignorant of the agreements provisions at the time she signed it. Further it may be wise, depending upon the situation, to have the prenuptial agreement signed ad then let an interval of time pass before Thai marriage registration.

(Please be on notice: this post is not a satisfactory substitute for competent legal advice from an attorney. No attorney-client relationship is created between author and reader.)

Tags: prenuptial agreement Thailand, Thai MArriage Registration, Thai prenup, Thailand Marriage Registration, thailand prenuptial agreement
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thai Family Law | No Comments »

The White House has been under increasing pressure since Obama’s inauguration to provide equal benefits to same sex couples under United States law. Recently Hillary Clinton reversed previous State Department policy by providing same sex partners of State Department employees with most of the benefits extended to different sex couples (including diplomatic passports for partners).

From the Associated Press: “President Barack Obama, under growing criticism for not seeking to end the ban on openly gay men and women in the military, is extending benefits to same-sex partners of federal employees.”

The question is: will Obama go further in extending benefits to same-sex couples? Specifically, does Obama feel that this gesture is enough to placate the Gay community or will he go further in fulfilling the campaign promises calling for greater equality?

Of particular importance from an Immigration perspective: will the Uniting American Families Act be passed? This law would provide equalized immigration benefits for same-sex couples. Under the Defense of Marriage Act same sex couples are barred from receiving many of the immigration benefits accorded to different sex couples.

The feeling of many American Immigration Lawyers is that UAFA, or some bill similar to the UAFA, will eventually become law. The question is: when?

Hopefully for these families who are being kept apart by Immigration restrictions the UAFA will pass sooner rather than later. The task now is to keep pressure on politicians to pass the legislation. Many believe that Comprehensive Immigration Reform will have some sort of UAFA-like provision rolled into it. This would probably be the most expedient way of dealing with the same-sex immigration situation. However, there is the possibility that a concession such as adding “permanent partner” to the list of those eligible for family immigration benefits, as called for in UAFA, could be cast aside in a committee room or in back room “horse trading” in an effort to save CIR.

The fate of the Uniting American Families Act remains to be seen, but hopefully this legislation will pass. Until the day it is signed into law, no one can say for sure if same-sex immigration benefits will ever be granted

Tags: permanent partner, permanent partner visa, Same Sex Immigration, same sex visa, uafa, Uniting American Families Act
Posted in General Legal Information | 2 Comments »

On June 3rd the United States Senate held hearings on the Uniting American Families Act for the first time. This was a historic event because it marked the first time in history that the Senate held hearing regarding Same-Sex Family Immigration matters.

For those unfamiliar with the UAFA, it is a bill that would add the term “Permanent Partner” to the list of those eligible for US Immigration benefits based upon a family relationship. Under the Defense of Marriage Act, the Federal government only recognizes marriage between a man and a woman. The UAFA creates a new category of family member, namely: Permanent Partners.

A note of importance, the President of AILA , The American Immigration Lawyers Association, submitted a statement to the committee supporting the enactment of the Uniting of American Families Act. An interesting quote from the statement:

“[S]ame sex partners of U.S. citizens and legal permanent residents are not recognized as family members under current immigration law, no matter how long-term or committed the relationship. This outdated and biased definition forces U.S. citizens and legal permanent residents to make unconscionable, life-altering decisions to either relocate to a foreign country or permanently separate from their loved ones.”

The hearing was punctuated by the heart wrenching story of an immigrant partner who was taken away by US Immigration officers and deported in full view of her partner and family members in the USA.  The witness said on the record, “I was put into a van with two men in yellow jump suits and chains and searched like a criminal, in a way I have only seen in movies.”

On a related topic, the American State Department recently changed internal rules in order to allow same-sex partners of State Department employees the same rights as different sex couples. US Secretary of State was quoted as saying such rule changes were the “right thing to do.”

Current Immigration law still does not allow American Immigration benefits for same sex loved ones of American Citizens, but the above changes in guidelines and proposed enactments would greatly equalize immigration law to the benefit of same sex couples. It should be noted that this proposed legislation would have no effect on the Defense of Marriage Act, nor would it have any effect with regard to gay marriage. Instead, it would grant immigration benefits to persons previously not qualified to receive them.

(Nothing contained herein is to be construed as legal advice. No lawyer/client relationship is created by reading this post)

Tags: AILA, gay immigration, gay us visa, gay visa, lgbt immigration, same sex, Same Sex Marriage, same sex visa, uafa, Uniting American Families Act, US Visa Thailand
Posted in General Legal Information, Upcoming Legislation, US Visa and Immigration, US Visa Thailand | No Comments »

The American State Department, as of May 24th, has begun offering benefits to same sex partners of American diplomats and State Department employees. This comes after many years of the US State Department refusing to grant benefits to same sex partners and spouses. The justification that the state department previously used was based upon the Defense of Marriage Act. State Department officials often sighted DOMA claiming that it precluded allowing benefits for same sex partners.

The current move made by the State Department signals a major shift in state department policy on the issue of same sex domestic issues. Of great import is the fact that among other benefits, same sex partners will be issued diplomatic passports along with their diplomat partner or spouse.

In a State Department memo circulated pursuant to this regulatory change Secretary of State Hilary Rodham Clinton hinted that this change was overdue. Secretary Clinton stated, “At bottom, the department will provide these benefits for both opposite-sex and same-sex partners because it is the right thing to do,”

This begs the question that if, at bottom, these benefits ought to be conferred because “it is the right thing to do,” then isn’t granting same sex couple’s US Family Immigration benefits the right thing to do as well? The Uniting of American Families Act is a piece of legislation that would allow US citizens to obtain US visas for their alien same sex partner.

In this situation, the US State Department has disregarded the spirit of the Defense of Marriage Act by conferring these benefits upon same sex partners and will likely prevail in doing so because offering these benefits is a prerogative of the Secretary of State and under the bailiwick of the executive branch of the United States government (Under the doctrine of Separation of Powers, there are certain areas in which each branch of government cannot be challenged by another branch).

The UAFA also subtly avoids the restrictions imposed by the Defense of Marriage Act by creating a new category of US Visa under the United States Immigration an Nationality Act. This new visa category would allow an alien to obtain a US visa based upon family relationship if the meet the definition of “permanent partner.”

As we have previously stated on this blog, the US Immigration implictions of the enactment of the Uniting of American Families Act would be a watershed for Same Sex immigration rights as well as a very interesting case study in conflict of laws.

For more information on US Immigration from Thailand Please see:

K1 Visa Thailand

Fiance Visa Thailand

K3 Visa Thailand

(Please note that the information contained herein is for educational purposes only and should not be used as a substitute for legal advice. No lawyer client relationship is formed between author and reader).

Tags: gay visa, lgbt visa, permanent partner visa, same sex visa, uafa, Uniting American Families Act
Posted in General Legal Information, Legal Opinion, Miscellaneous, Upcoming Legislation, US Visa and Immigration | No Comments »

In Thailand there are many so-called “visa agents,” “Immigration Consultants,” and “Immigration Specialists,” who sound legitimate, but who are in fact unlicensed practitioners of law. Only an attorney licensed and in good standing in at least one of the 50 United States, territories, or possessions is entitled to practice United States Immigration law. Internal memos at USCIS have even delineated exactly what constitutes the “practice of law,” for US Immigration purposes. 

According to USCIS, even advising another person about which form should be used to file for a certain type of visa constitutes the practice of law. To advise another in this manner without being duly licensed by at least one US state to practice law would constitute the UNLICENSED, and therefore UNLAWFUL practice of law. 

In the United States there is a prevalence of so-called “notarios,” these are operators who prey upon unsuspecting immigrants in both the United States and Mexico. In Thailand, these people use names such as: visa consultant, visa agent, visa specialist, immigration consultant, immigration agent, immigration specialist, legal consultant, or simply legal advisor. A problem in Thailand is the fact that the government has no mechanism for regulating us visa lawyers in Thailand. This is especially confusing for the layman because only a licensed American attorney is authorized to represent a client before USCIS. Therefore utilizing a Thai attorney or Thai law firm to prepare an immigration petition is not proper procedure per USCIS regulations if the attorney filing the petition is not licensed in the USA. 

Even worse than mere visa agents, there are those who falsely claim to be attorenys from the United States. Again, the lack of foreign attorney registration in Thailand contributes to a proliferation of this type of character.

The real problem with these outfits and unscrupulous operators is the fact that often they have no real grasp of US Immigration Law. Immigration law is one of the most complex areas of American jurisprudence and because it is entirely statute driven it can change very quickly and for a non-lawyer who does not keep abreast of new legislation the ignorance can be damaging to a client’s case. 

In cases of great complexity (601 waivers, IMBRA issues regarding fiancee visas, forum issues for K3 visas, etc.) a visa agent or anyone else without a great deal of experience and education in immigration can detrimentally affect a prospective immigrant’s chances of entry into the USA, possibly for life.

There are certain non-profit organizations that are allowed to represent immigrants before USCIS. Generally these groups deal with refugees, but in certain instances they deal with other issues. That being said, the operative term is NON-PROFIT meaing that this type of representative generally will not charge a fee, and if they do, then the fee is usually nominal.

That being said, when contacting an attorney or anyone regarding American Immigration, always ask which state the attorney is licensed in and inquire about his or her bar number.  

For more please see:

US Immigration Lawyer Thailand

K1 Visa Thailand

K3 Visa Thailand

(The information in this piece is intended for educational and informational use only and should not be used in place of an attorney consultation. For legal advice please consult a licensed attorney in your jurisdiction. No attorney client relationship is formed between the reader and author of this post).

Tags: immigration agent, immigration consultant, immigration specialist, K1 Visa Thailand, legal consultant, US Visa Thailand, visa agency, visa agent, visa consultant, visa specialist
Posted in Fiance Visa Thailand, General Legal Information, K1 Visa Thailand, Miscellaneous, US Visa and Immigration, US Visa Thailand | No Comments »

Prenups in Thailand

Prenuptial Agreements in Thailand are one area of law where diverse legal specialties intersect. The reason for this intersection is the fact that Prenuptial Agreements can involve many jurisdictions as well as substantive areas of law. As an example, if a prenuptial agreement is drafted and executed in Massachusetts, but the divorce occurs in California, what state’s law will govern? In what state will the agreement need to be adjudicated?

Further add the element of a Foreign Country’s laws being added into the equation and conflict of laws questions multiply exponentially. In the example of Thailand, under Thai law, the prenuptial agreement is registered with the marriage so that the agreement becomes part of the marriage contract. Therefore, if the prenuptial agreement is not registered with the Amphur at the time of the Thai marriage, then the prenuptial agreement is likely to be rendered unenforceable.

Conversely, in most jurisdictions of the United States, the prenuptial agreement need only be signed by both parties before the marriage takes place in order for the legal formalities to be met. So, what does one do about ensuring that a prenuptial agreement is properly drafted? In Thailand, it is essential to retain the service of firm that knows how to handle prenuptial agreement drafting where multiple jurisdictions are involved. There are many so-called “visa agents” and “visa specialists” who have gotten into the business of drafting prenuptial agreements and charge exorbitant rates for a document of dubious quality because it was not drafted by a legal professional. Always be leery of this type of operator.

Essentially, a prenup drafted for US jurisdictions and translated into Thai is a very effective method of asset protection, but it is not 100% guaranteed. Prenuptial agreements can be thrown out for many different reasons, but the most common reasons for a judge to throw out a Thailand prenup is the fact that it is unconscionable, one party truly did not understand what they were signing when they signed it, or the prenuptial agreement dictates terms on issues that the court feels it has no right to dictate (generally, child custody and child support payments are issues that a properly drafted prenuptial agreement should not mention).

One of the most important things to consider when obtaining a Thai prenup is to make sure that the Thai party had a translated version and had adequate legal counsel who was an independent operator.

(Nothing in this post is meant as a substitute for personal legal advice. No attorney-client relationship is created by reading this post).

For information about Us Immigration for Fiancees and Wives from Thailand, please see:

Fiance Visa Thailand or K3 Visa Thailand

Tags: Thai Notary, Thai prenup, Thai prenuptial agreement, Thailand Notary, thailand prenuptial agreement
Posted in General Legal Information, Miscellaneous, Thai Family Law | 1 Comment »

Some Visas in Thailand do not confer resident status which can be beneficial for a number of reasons. Thai education visas and Thai tourist visas do not confer resident status and as a result accrual of time spent in Thailand on either of these visas will not count towards the necessary time requirements for Thai permanent residence.

Currently, Thailand is issuing visa exemptions (the right to remain in Thailand without a proper visa) for 30 days at an airport and for 15 days at a land border. However, Thai tourist visas are currently free to applicants at certain Embassies.

Thai “O” Visas or Other Visas, are issued to those who are either a family member of a Thai national, permanent resident, or visa holder, based upon a filial relationship to the visa holder. Currently, it is possible to obtain O visas for Non-Thai children, but for those children under a certain age, it is not possible to overstay in Thailand. This situation is similar in US Immigration where non-Citizen children cannot accrual unlawful presence in the United States. A child may be overstaying a visa, but the child cannot accrue time as a person present in the USA unlawfully.

At one time, Thai work permits were used as a basis for granting business visa extensions in Thailand. Before that time, a business visa extension could be obtained without obtaining a work permit, but this situation was considered unacceptable because it left many non-Thais in Thailand on business visas, some of whom were working, but without a work permit. For a period of time, the work permit was the foundation of the business visa extension application. Recently, the Thai work permit was “untied” from the business visa extension and as a result it is easier to obtain a work permit, but seemingly more difficult to obtain a Thai visa extension.

Many people forget that a Thai multiple entry visa is good until its expiration date and the visa holder will be granted a stay of 90 days upon entry. This leads to the situation where the non-Thai presents his visa to Thai Immigration one day before the visa’s expiration, but is granted entry into Thailand for nearly 90 days past the visa’s expiration.

(Please note: this post is not a substitute for personal legal advice from a licensed attorney. No lawyer-client relationship is created between author and reader.)

Tags: O visa, overstay, Permanent Resident, Thai Visa, Thailand Immigration, unlawful presence
Posted in General Legal Information, Thailand Visa | No Comments »

On weekends, we try (sometimes successfully) to add a bit of character to this blog by discussing things of a more general interest than Thailand Law or issues from the perspective of a US Immigration lawyer in Thailand. This post looks at legal history from jurisprudence promulgated as far back as ancient Mesopotamia to laws still on the books today.

The Code of Hammurabi

Hammurabi’s code acts as an early example of legal codes enacted in modern day Iran, Iraq, and Syria. Hammurabi’s code was somewhat draconian by today’s standards, but it is important because it is one of the first recorded systems of law in the world. Hammurabi was a King in ancient Babylon who decided that Babylonians needed some form of law in order to form a more efficient society.

This code is interesting because the code’s legitimacy is based upon Hammurabi’s assertion that he was spoken to by the gods and ordered to create a system of laws in his realm. In a preface to his legal code he states: “Anu and Bel called by name: me, Hammurabi, the exalted prince, who feared God, to bring about the rule of righteousness in the land.^“

The code of Hammurabi is especially notable for its “eye for an eye” method of dispensing justice. An example of this tit for tat legal reasoning can be seen in may sections of the code including this one:

“If a Builder build a house for someone, and does not construct it properly, and the house which he built fall in and kill its owner, then that builder shall be put to death.”

I would not have been a carpenter or contractor in Hammurabi’s Babylon, the liability implications would have been too steep.

Roman Law

Of all the inheritances the Romans bequeathed on modern civilization, Roman law may be the bequest that has had the most impact down to the present day. Many of the Latin terms used in many countries to this day have their roots in Roman jurisprudence. From a practical standpoint, Roman law held firm sway over modern day western Europe until the end of the Emperor Justinian’s reign in roughly 530 AD. However, Roman law still had an indirect impact upon western Europe trough the Byzantine Empire, which continued the Roman legal tradition (albeit in the Greek language) until the mid 1400′s when Constantinople was finally sacked by the Ottoman Turks. Terms such as stare decisis and habeus corpus are still widely used in legal texts around the globe.

Common Law

The common law is the system of law used in England and spread throughout the world as the English commenced rapid and expansive colonization during the reign of Queen Elizabeth I. One of the major legal documents of the common law system is the Magna Carta imposed upon King John of England by his own Barons in an effort to curtail the powers of the Throne. The common law is distinguishable from the civil law system by the fact that the common law places a great deal of weight behind the previous decisions of judges. Whereas Civil law countries seem to place more weight behind the findings of legal scholars.

The common law is currently practiced and enforced in the following countries: United Kingdom, United States, Hong Kong, India^, Ireland, New Zealand, Australia, Canada and Pakistan (to name only some).

Napoleonic Code

The Napoleonic code was created and enacted at the behest of Emperor Napoleon I of France. It is often heralded as one of the greatest legal achievements in history because the code went far in instilling a tradition of the rule of law on the continent of Europe (with reverberations throughout the whole world as a result of colonization). Before the French Revolution the legal system of France was based upon a patchwork system of local customs and special privileges based upon prior royal decrees and dispensations. The system was very inefficient and confusing to the common people. The legal system of the ancien regime was also manipulated by the upper classes for their own benefit often at the expense of the lower and middle class. The Napoleonic Code represented a codified system of laws applicable to everyone equally (except for maybe Napoleon himself). It spread throughout Europe following in the wake of the Emperor’s successes on the battlefield and as a result the Napoleonic Code would undergird Continental jurisprudence long after French Armies returned to France.

An interesting side note regarding the Napoleonic Code involves the State of Louisiana. Although it is part of the United States, Louisiana has a French and Spanish legal tradition due to the fact that it was once a colonial possession of both Spain and France. Louisiana law is based heavily upon Roman legal tradition, but it was also influenced by the Napoleonic legal tradition. To this day, Louisiana has a very different legal system than any of the other 49 US states and as a result the Louisiana bar examination is one of the more difficult in America.

Thanks for Reading!

Please see:

K1 Visa Thailand or

Fiance Visa Thailand for information about US Immigration options for Thai Nationals

(Please note that nothing contained in this article creates a lawyer-client relationship between reader and author. Also, nothing contained herein should be used in substitute for legal advice from a competent lawyer.)

Tags: Common Law, Hammurabis code, Jurisprudence, Law, Legal History, Napoleonic Code, Roman law, Sharia Law
Posted in General Legal Information, Legal Opinion, Miscellaneous | 3 Comments »

Early Passports

The History of passports and visas is rather fascinating particularly from the standpoint of current immigration policy. Although many people believe that passports were originally intended for shipping purposes, in fact, their original intent seems to have been for inland travel as the etymology of the word “passport,” is derived from the word “porte,” which was the gate to a Medieval walled city-state (this is also the reason behind the use of the phrase, “sublime porte,” when speaking of the old Ottoman Empire because Ambassadors to the court were met at the gates of the City).

Passports were originally designed as letters of safe conduct provided by sovereigns to be used by subjects in far off provinces or foreign lands to prove that they were subjects of their home Kingdom. King Henry the 5th of England is widely credited as having invented the precursor of the modern passport. This document was used by his subjects to prove their nationality in foreign countries.

Early Modern Passports

During the French Revolution and subsequent emigration by many of the upper classes, the use of passports denoted permission by the government for the bearer to leave the country and thus would not cause the bearer political problems upon return to France. This was the situation in which Charles Maurice Talleyrand de Perigord was placed during the Terror that overtook France after the revolution. Were it not for his obtainment of a Passport and subsequent quasi-exile, Talleyrand may very possibly never have returned to France, or at least not have returned to a place in government. Many French Emigres who failed to obtain a passport either died or were never able to return to France. Such was the importance of the passport at this time.

Modern Passports

After WWI Passports became more widely used as identification documents. Passports began being made in booklet form shortly before the first World War, but as they were not in wide usage, few people had them.  It was around the turn of the 20th century that passports began to have photographs of the bearer in them. Throughout the 20th century passports evolved into the documents we know today through the integration of watermarks, holograms, and biometric information chips.  Today passports are used not only for immigration purposes, but for identification and banking purposes as well.

Current Passport Categories

There are a few types of passports:

Ordinary Tourist Passports (The type held by the vast majority of passport holders)

Diplomatic Passports (used by visiting diplomats, contrary to popular belief, they do not confer diplomatic immunity, only the host nation can confer diplomatic immunity)

Official Passports (held by those on official business from a foreign government, but not for diplomatic activity)

Dual Passports

Many countries allow for dual nationality and therefore permit (either explicitly or tacitly) a citizen retaining a passport of a foreign nation. Other countries will not allow dual nationality and the obtainment of a foreign passport could result in the automatic revocation of said country’s passport.

The United States currently allows American citizens to have dual nationality.

For Information About US Immigration Law please see:

US Visa Thailand

American Visa Thailand

K1 Visa Thailand

Note: None of the above information should be taken as legal advice.

Tags: history of passports, immigration, passport, travel document, us passport
Posted in General Legal Information, Miscellaneous | 2 Comments »