Integrity Legal

The issue of extradition is becoming more important as the world becomes increasingly “small” thanks in part to technology and the movement towards globalization. In a global environment, legal issues are becoming increasingly international as people are leaving their home countries and taking up residence in countries abroad. In order to understand extradition we need to understand how the international legal system operates when it comes to the issue of dealing with individuals who have warrants or arrests in multiple jurisdictions.  First we need to define what “extradition” means as it can have a significant impact upon individuals throughout the world.

The online informational resource wikipedia.com defines Extradition as follows:

“Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal. Between nation states, extradition is regulated by treaties.”

This leads to the question: If extradition is the process of surrendering foreign criminals to another nation, then how do countries determine when it is appropriate to extradite individuals? This can be incredibly important as activities which are considered criminal in one jurisdiction may be considered legal in another. To further quote wikipedia:

“The consensus in international law is that a state does not have any obligation to surrender an alleged criminal to a foreign state as one principle of sovereignty is that every state has legal authority over the people within its borders. Such absence of international obligation and the desire of the right to demand such criminals of other countries have caused a web of extradition treaties or agreements to evolve; most countries in the world have signed bilateral extradition treaties with most other countries. No country in the world has an extradition treaty with all other countries…”

Extradition Treaties represent the agreement between two countries regarding the procedure for dealing with those individuals who have a criminal warrant or conviction in one of the nations that is a party to the Treaty. The Kingdom of Thailand and the United States of America have an Extradition Treaty. To quote the American State Department’s website:

“There is a bilateral treaty on Extradition in force between the United States and Thailand, 11 Bevans 1008, 43 Stat. 1749 (1924) and Treaty relating to extradition signed at Washington December 14, 1983, entered into force May 17, 1991. There is a treaty on transfer of prisoners “Treaty on Cooperation in Execution of Penal Sentences” signed at Bangkok October 29, 1982, entered into force December 7, 1988.”

From a practical standpoint, the existence of an Extradition Treaty does not necessarily mean that those with arrest warrants, convictions, or fugitive warrants in the USA will be automatically picked up, arrested, and extradited by authorities in Thailand. Instead, this is unlikely as the Thai authorities do not have direct access to the databases that contain US criminal warrant information. However, recently the Thai immigration authorities have announced that they are taking measures to streamline their information gathering process when it comes to foreign nationals. Authorities in Thailand hope to be “plugged in” to US law enforcement databases soon.

Another issue with regard to US warrants involves US passports as Consular Officers at the American Citizen Services Section of the US Embassy in Bangkok may confiscate an American’s passport if they have outstanding US warrants. In such a scenario, the American would likely be accorded an opportunity to willingly return to the USA.

Tags: American Citizen Services, Arrest Warrant Thailand, criminal warrant, Extradition, Extradition from Thailand, Extradition Treaties, Extradition Treaty, Fugitive Warrant, Fugitive Warrant Thailand, US -Thailand Extradition Treaty, US Arrest Warrant Thailand, US Criminal Warrant Thailand, US Fugitive Warrant Thailand, us passport, US warrant, US Warrant Thailand, warrant
Posted in General Legal Information, Legal Opinion, Miscellaneous, US Warrants | 10 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 »

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 »

For general information on this subject please see our main page at: Education Visa Thailand.

One Thai visa category that is not often discussed on the pages of this blog is the Thai ED visa. This visa category was created for those who wish to remain in the Kingdom of Thailand for the purpose of pursuing academic study. In the past, this seemed to have been limited to colleges and universities, but increasingly many people are seeing the benefits of holding a Thai ED visa while also seeking proficiency in the Thai language. Many Thai language schools have been established in the last 5 years in order to cater to the increasing demand for Thai language study.

The Thai language can be extremely difficult for westerners to pick up because the language is tonal. This means that the entire word can be changed merely by the way it is tonally pronounced. This author can say from experience that proficiency with the Thai tones can be a difficult feat, but once this obstacle is overcome the benefits are extraordinary as Thai people greatly appreciate those foreigners (farangs, falangs) who take an interest in learning the Thai language.

Thai is a very subtle and complex language that has a rich history. As Thailand was never colonized by one of the so-called “Great Powers” the language was never displaced by an alien tongue. This creates and interesting linguistic environment as Thais have taken in those parts of other cultures’ languages while retaining their own linguistic identity.

As to the Immigration privileges accorded to those on a Thai visa for education: first, a major benefit is the fact that an ED visa holder does not need to worry about so-called “border runs” or “visa runs” since the ED visa allows the bearer to remain for the course of study. That being said, ED visas are not very beneficial for those wishing to work in Thailand as they do not entitle the bearer to apply for a Thai work permit, except in extremely rare circumstances. However, if one is on an ED visa and gets a job in Thailand, then it may be possible to change visa status and apply for a work permit, but this is not the most efficient way of getting Thai work authorization so if one is not yet in Thailand and may wish to work, then it may be best to apply for a Thai business visa prior to departing for Thailand as a long term business visa could be easily obtained by certain applicants.

Tags: ED Visa, ED visas, Education Visa Thailand, Thai Business Visa, Thai ED Visa, Thai Visa, Thai work authorization, Thai Work Permit, Thailand Business Visa, Thailand Education Visa, Thailand Visa
Posted in General Legal Information, Thailand Visa | 53 Comments »

Recently the Department of Homeland Security issued a notice that the rules regarding attorney representation would be amended in order to fall in line with the relevant Department of Justice regulations. To quote a the summary in the Federal Register which is displayed on the American Immigration Lawyers Association (AILA) website:

“The Department of Homeland Security (DHS) is amending its regulations governing representation and appearances by, and professional conduct of, practitioners in immigration practice before its components to: Conform the grounds of discipline and procedures regulations with those promulgated by the Department of Justice (DOJ); clarify who is authorized to represent applicants and petitioners in cases before DHS; remove duplicative rules, procedures, and authority; improve the clarity and uniformity of the existing regulations; make technical and procedural changes; and conform terminology. This rule enhances the integrity of the immigration adjudication process by updating and clarifying the regulation of professional conduct of immigration practitioners who practice before DHS.”

As has been discussed on this blog before, the issue of attorney representation is of great importance due to the fact that there are many disreputable organizations calling themselves such things as “visa company,” “visa agency,” or, “visa consultant” and other unscrupulous operators who go so far as to claim attorney credentials when they are, in fact, unlicensed to practice law in the United States and therefore unable to practice US Immigration law. To quote the Federal Register again:

“Definition of attorney. This rule amends the definition of “attorney” at 8 CFR 1.1(f), to conform with DOJ’s definition at 8 CFR 1001.1(f), by adding the requirement that an attorney must be eligible to practice law in the bar of any State, possession, territory, or Commonwealth of the United States, or of the District of Columbia, in addition to the other requirements for attorneys set forth in that regulation. State bar rules uniformly require licensed attorneys to maintain an active status in order to practice law; however, there has been some confusion as to the applicability of that requirement in determining eligibility to appear as a representative before DHS.”

It is interesting that this addition was made as it imposes an more stringent burden upon practitioners as anyone practicing before the Department of Homeland Security (DHS) or its agencies, like the United States Citizenship and Immigration Service (USCIS), the United States Customs and Border Protection Service (CBP), and the Immigration and Customs Enforcement Service (ICE) must be eligible to practice in virtually every American jurisdiction. It should be noted that eligibility is the only new requirement added as DHS does not require that practitioners be licensed to practice in all US jurisdictions.

It should also be pointed out that attorneys are not the only individuals who can represent clients before DHS. In fact, if an individual is accredited by the Board of Immigration Appeals, then they may represent individuals in certain DHS proceedings. However, such agents are usually non-profit organizations as non-attorney representatives are NOT entitled to charge anything except nominal fees.

For related information please see US Lawyer Thailand or US Visa Thailand.

Tags: AILA, CBP, Department of Homeland Security, DHS, ICE, US Attorney Thailand, US Immigration attorney, US Immigration Lawyer, US Lawyer Thailand, US Visa Attorney, us visa lawyer, US Visa Thailand, USCIS
Posted in General Legal Information, Upcoming Legislation, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In some cases, it may be necessary to file a lawsuit against the United States Citizenship and Immigration Service (USCIS). These instances are viewed as aberrations by most US Immigration lawyers because, for the most part, USCIS follows the statutory scheme set out by the United States Congress. In some case, a Petitioner or Beneficiary must seek to have an agency compelled to perform a function that is required pursuant to their duties in office. In cases such as this, a writ of mandamus may be the proper remedy. However, when USCIS acts outside of the rules, it may be necessary for a petitioner or beneficiary to take legal action in the form of a lawsuit in order to remedy an injustice.

Recently, the United States Ninth Circuit Court of Appeals heard a case involving the adjudication of a petitioner for an EB-1 visa. To quote a recently promulgated email from the Immigration Policy Council:

“Kazarian v. USCIS, involves a theoretical physicist whose employment-based visa was denied because he did not demonstrate ‘the research community’s reactions to his [scholarly] publications’ – an arbitrary requirement with no justification in the law.”

Many people are under the mistaken impression that agencies, such as, but not limited to, USCIS, involved in the United States visa process make make unilateral decisions regarding what will be required of the petitioner and beneficiary in a given case. This is not true as the requirements for petition approval are based upon the relevant law. No agency, be it USCIS, Immigration and Customs Enforcement (ICE), nor Customs and Border Protection (CBP) may unilaterally create requirements that do not exist under US law.  This point was driven home in the case itself when the court was quoted as saying that:

“neither USCIS nor an [Administrative Appeals Office] may unilaterally impose novel substantive or evidentiary requirements beyond those set forth [in the regulations].”

This case marks a positive step in the right direction away from governmental capriciousness. In an interesting comment about this case Mr. Benjamin Johnson, Executive Director of the American Immigration Council stated:

“Immigration law is complicated enough without the immigration agency imposing additional requirements and burdens of proof that aren’t in the statute or regulations and that ultimately undermine the goal of attracting the best and brightest to our shores.”

United States Immigration is a complex and often confusing area of the law. For more information on American visas, specifically those obtained in the Kingdom of Thailand, please see: US Visa Thailand.

Tags: American Visa, American Visa Thailand, EB-1 visa, Kazarian v. USCIS, US Immigration Lawyers, US Visa, US Visa Thailand, USCIS
Posted in General Legal Information, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

A common method of land ownership in Thailand is through use of a Thai Limited Company. In many cases, a juristic person is incorporated to hold Thai property on behalf of the principal investors in the company.  Over the past three years the Thailand Real Estate market has been somewhat stagnant, but recently there seems to have been something of an upward trend in Real Estate transactions. This has resulted in the Ministry of the Interior raising the fees for land transactions, particularly with respect to land transactions executed on behalf of a corporation. To quote a Pattaya Times article promulgated on the website Thaivisa.com:

“‘A nationwide increase in land offices fees will go in effect on March 2,’ a spokeswoman for the Ministry of Interior announced in Bangkok. The fees for purchases and sales involving a Thai company limited which most foreigners use to buy land will go up from one percent to six and a half percent of appraised or contract value, whichever is higher. The head of the Chonburi Land Office, Director Vaiyavuth Surapruik, said, ‘In 2008 the fees were lowered to help the economy. This has stimulated the sale of properties. Since the fees were lowered almost two years ago there has been no slow-down in the number of transactions at the land office in Banglamung which services Pattaya so now fees will go back up in order to increase government revenues.’”

On the one hand, the recovery of the Thailand Property market is definitely a positive development, and hopefully a sign of an underlying upsurge in the overall Thai economy. This upswing in Thai property sales may also be indicative of an overall upward trend in the world wide economy. However, for those who are thinking of purchasing Thai property be it land or another form of Thai Real Estate such as a Thai Condo, this development will likely be viewed negatively as it will result in increased fees for the buyer or seller of Thai property.

This fee increase will also have an impact on individuals as the aforementioned article concluded:

“Property transfered between individuals will be charged three percent fees if owned for more than two years by the current owner. If owned less than two years the fee is higher, between five and six and a half percent.” [sic]

Property transfers between individual foreigners is probably as common, if not less common, than property transfer between corporations controlled by foreigners. That being said, under certain conditions a foreigner can own a Thai Condominium in freehold and therefore could be effected by these increased individual transfer fees.

For related information on this blog please see: Thailand Property Law.

Tags: Thai Company, Thai Condo, Thai Property, Thai Real Estate, Thai Real Estate Law, Thailand company, Thailand limited company, Thailand Property, Thailand Property Law, Thailand Real Estate
Posted in General Legal Information, Thailand Business, Thailand Property, Thailand Real Estate, Upcoming Legislation | No Comments »

As many readers are probably aware, the United States of America and Cuba have had long standing political tensions. Official US policy regarding Cuba has remained largely unchanged over the past 40 years, but recently officials from the American State Department have been conducting meetings with Cuban authorities in order to come to some sort of agreement regarding migration between the two countries. The quotes cited below are from a recently promulgated State Department publication:

“On Friday, February 19, 2010 the United States and Cuba met in Havana to discuss implementation of the U.S.-Cuba Migration Accords. This was the second such meeting since the decision to renew the Talks in 2009. In the course of the meeting, the U.S. team, led by Principal Deputy Assistant Secretary of State for Western Hemisphere Affairs Craig Kelly, reaffirmed the U.S. commitment to promote safe, orderly, and legal migration.”

Many feel that the current state of the US-Cuban relationship has lead to a situation where the security of the United States and Cuba is affected. Also, US officials are seeking to be given access to information about those who are sent back to Cuba. Therefore, an accord with Cuba seems to increasingly be considered a necessity:

“The agenda for the talks reflected longstanding U.S. priorities on Cuba migration issues, including: ensuring that the U.S. Interests Section in Havana is able to operate fully and effectively; ensuring that the U.S. Interests Section in Havana is able to monitor the welfare of repatriated migrants; and gaining Cuban government acceptance for the repatriation of all Cuban nationals who are excludable on criminal grounds…The United States views these talks as an avenue to achieve practical, positive results that contribute to the full implementation of the Accords and to the safety of citizens of both countries.”

This blog is mostly concerned with American Immigration issues for foreign nationals in Southeast Asia. That being said, we try to provide information about US Immigration generally. Although the above issues do not directly impact US Immigration from Thailand, an accord with Cuba on these Immigration issues would likely mark a watershed moment in Cuban-American relations.

At one time, it was difficult for people from Communist countries to travel to the United States. Since the end of the cold war and the “thawing” of relations between the United States and China, Cuba has remained a country with few official ties to the United States. The above accord, may mark the beginning of friendlier relations between the two countries.

Tags: American State Department, Cuba, U.S.-Cuba Migration Accords, US Visa, US-Cuba Relations
Posted in General Legal Information, Legal Opinion, Miscellaneous, Upcoming Legislation, US Visa and Immigration | No Comments »

Recently the Royal Thai Immigration Police Department announced a new initiative to sweep up foreign criminals residing in Thailand. This effort is to be made possible through what appears to be the interlinking of various warrant databases. Once Thai Immigration officials link their system to that of countries such as the United States, or international organizations such as the European Union it will be less difficult to track down those in Thailand with a foreign arrest warrant or fugitive warrant.

The Bangkok Post is reporting that the new chief of the Thai Immigration Bureau is taking measures to see that foreign criminals in Thailand are apprehended through an initiative known as the “Three S’s” The Three S’s stand for “Security Standards and Service.”

In the realm of security, new initiatives are to be taken which will provide Royal Thai Immigration Police with access to international criminal warrant databases. These records would provide Thai Immigration officers as well as regular police officers with criminal histories of foreigners present in the Kingdom of Thailand. This information will be used to ascertain the location of such international criminals and facilitate apprehension.

The new campaign will also entail the creation of a new National Criminal Center. This Center seems to be intended as a repository for international criminal records. At the time of this writing, it is the author’s understanding that this Center will coordinate their activities with such foreign agencies as the Federal Bureau of Investigation, Drug Enforcement Agency, as well as other national, state, and local law enforcement agencies throughout the United States and around the world.

Another facet of Thai Immigration’s crackdown is the campaign to apprehend and deal with illegal aliens. Based upon the information contained in the above cited Bangkok Post article the new Royal Thai Immigration Chief seems to have expressed an intention to apprehend those foreign nationals who are present in the country illegally. How this will impact long term western tourists and expatriates remains to be seen as overstaying one’s Thai visa has become increasingly common since it is not longer possible to obtain a 30 day visa exemption stamp at Thai land borders.

In a way, these two initiatives are related as it could be easily inferred that those using Thailand as a place to evade foreign criminal warrants could also be Thailand visa violators.

For more information on this issue please see a previous blog post located here: criminal warrant.

Tags: arrest warrant, criminal warrant, Fugitive Warrant, Thai Visa, Thailand Immigration, Thailand Visa, US Arrest Warrant Thailand, US warrant, US Warrant Thailand, warrant
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thailand Visa, Upcoming Legislation, US Warrants | No Comments »

United States criminal warrants are a serious matter that should be addressed in a timely fashion. That being said, there are those Americans outside of the USA who have outstanding US warrants. In many cases, the presence of a US warrant on one’s record can cause many travel complications.

In the past, the Thai Immigration database was not equipped to retain information regarding arrest and fugitive warrants for other countries. However, a recently released article promulgated through the website Thaivisa.com has noted that Royal Thai Immigration Police are implementing new measures in order to apprehend those with outstanding warrants from countries outside of Thailand. To quote Thaivisa.com directly:

“Thai Immigration officials plan to build an online information network that will collect arrest warrants from around the world in hopes of nabbing criminals hiding out in the Pattaya area…At a meeting at Immigration Division 3, Col. Athiwit Kamolrat, head of the Chonburi Immigration Office, said immigration police are working with the Suppression of Human and Child Trafficking, and Youth and Women’s Protection divisions of the Royal Thai Police to tighten the noose on human traffickers, pedophiles and international fugitives that often use Pattaya as a base or hideout…He said officials are currently closely monitoring Europeans from France, Italy, Germany, the Netherlands, Scandinavia, Switzerland and the United Kingdom; Asians from Malaysia, Pakistan, the Philippines, Singapore and South Korea; as well as those from Russia and the United States for whether they have entered Thailand legally, have obeyed the law and are not hiding from authorities at home…To boost their efforts, Athiwit said the Pattaya Immigration Office will take the lead in setting up a “transitional crimes information center” which will collect arrest warrants from around the global as well as extradition requests received by the Ministry of Foreign Affairs.”

For those with an outstanding US criminal warrant or fugitive warrant obtaining a new passport can be very difficult as the personnel at the American Citizen Services Section of the US Embassy in Bangkok will likely confiscate the passport of an American with outstanding criminal warrants. The measures being undertaken by the Thai Immigration authorities would seem to denote that the Thai government is increasingly looking to crack down on fugitives who are present in Thailand. How these new rules will ultimately effect the Thai Immigration process and the obtainment of a Thai visa remains to be seen, but it could be inferred that Thailand is taking an increasingly hard line against the presence of foreign fugitives in the Kingdom of Thailand.

Tags: American Warrant Thailand, Criminal Warrant Thailand, Fugitive Warrant, Fugitive Warrant Thailand, US Arrest Warrant Thailand, US Criminal Warrant, US Criminal Warrant Thailand, US Fugitive Warrant, US Fugitive Warrant Thailand, US Warrant Thailand
Posted in General Legal Information, Thailand Visa, Upcoming Legislation, US Warrants | No Comments »