Integrity Legal

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 »

Many prospective clients are curious as to the status of a child born to a bi-national couple.  The most common situation we see in Thailand is a couple who has a Thai-American child and the child has dual nationality and is thus entitled to dual citizenship.  However, there are some interesting situations regarding nationality and having done research on this issue I decided to write this brief post in order to disseminate some of the nationality and citizenship rules out there.

US Nationality

A major misconceived notion among American is the idea that an American always transmits his or her citizenship on to his child automatically. This is not necessarily the case. United States Nationality law says:

“For persons born on or after November 14, 1986, a person is a U.S. citizen if all of the following are true

1. One of the person’s parents was a U.S. citizen when the person in question was born;
2. The citizen parent lived at least 5 years in the United States before his or her child’s birth;
3. A minimum of 2 of these 5 years in the United States were after the citizen parent’s 14th birthday.”

Therefore, if the United States Citizen parent does not meet this criteria, then the child could be born without US citizenship. That being said, it would be possible to file an I-130 application for a Permanent Resident Visa and upon entry into the USA, the child becomes a Citizen by operation of law.

Irish Citizenship by Marriage

There was a time when the spouse of an Irish Citizen could acquire Irish Citizenship by declaration after marriage. This was once a matter of right, but this law is no longer in effect and thus a couple now must comply with new regulations in order to obtain an Irish passport for a foreign spouse.

Citizenship by Marriage

In an effort to end “marriages of convenience,”  i.e. marriage executed solely to obtain another person’s citizenship, many countries throughout the world have repealed laws that allow foreign nationals to obtain citizenship simply by marriage. Two notable exceptions to this are Tuvalu and Barbados, but Barbados only allows this if a Barbadian man marries a foreign woman, seemingly if the genders of the couples are reversed, then the Barbadian nationality does not transmit upon marriage.

Asian Countries That Do Not Allow Dual Citizenship

Japan and Korea expressly prohibit their citizens from holding dual nationality. In cases where a child is born to parents of differing nationality, the child is generally required to choose one of the two nationalities by a statutorily specified age.

Dual Citizenship and Thailand

Thailand does not expressly prohibit dual nationality, but the attitude toward those holding two passports is somewhat less than enthusiastic. In cases of a Luk Krueng or half-Thai child, the Thai nationality will likely transmit to the child. If the foreign parent is a US Citizen and meets the criteria above, then the child would also be born with American nationality. Thus the child would be truly Thai-American.

(Please note: Nothing in this article should be used in place of legal advice. Particularly in the area of nationality law, rules and codes change over time so information that was once true, might later prove false. Therefore, it is wise to retain the services of an attorney in the country one wishes to the obtain nationality of. Nothing in this piece should be viewed as creating an attorney-client relationship between author and writer.)

Tags: Barbados Nationality, I-130 application, Irish Passport, Marriage Registration, US Nationality Law, US Visa
Posted in Miscellaneous, US Visa and Immigration | 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 »

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 »

On the weekend we try to put something less than serious up on the blog just to lighten things up, I figured my list of funny lawyers would do just that.

Oliver Platt: Jeremy

Oliver Platt has the distinction of playing not one, but two roles in which he is a humorous attorney. I have always liked his small  part in the film Indecent Proposal because he plays the ruthless lawyer so well. When Woody Harrelson’s character calls to tell him that he has accepted an offer of 1 million dollars for one night with his wife, Platt’s character’s immediate response is, “I could have gotten you two!” He is the stereotypical over-the-top go for the throat attorney and it is pretty funny to watch.

Danny Devito: Deck Shifflet

In the film, The Rainmaker, Danny Devito plays Deck Shifflet, self described, “para-lawyer,” who fits the definition of ambulance chaser to a T. In the film Devito’s character has sat for the bar exam numerous times, but has never been able to pass it. When the main character played by Matt Damon asks if he has a problem with blatant ambulance chasing, Devito’s reply sums up his whole personal code regarding the legal profession: “Fight for your clients, refrain from stealing their money and try not to lie, you know, the basics.” Not exactly a good code of ethics to be instilled in an attorney, but the way Devito delivered the line gives me a chuckle every time I think of it.

Randy Quaid: Caddy Shack 2

I have never been the biggest fan of Caddy Shack 2, but I liked Randy Quaid’s character simply for the scene in which he turns one of the golf greens into an ice hockey style competition complete with pads and deflections of other players golf shots.

Joe Pesci: My Cousin Vinny

There is nothing better than a lawyer in a full leather suit. My Cousin Vinny is one of the funniest legal movies of all time and it is made all the better by a stellar performance by both Joe Pesci and Marisa Tomei (although some have wondered whether Tomei’s performance was truly oscar worthy). My favorite scene in the film occurs early on when Vinny’s clients are asking him his credentials, specifically how many times he sat for the bar. When he tells them he sat for more than two, one of his clients replies, “so third times a charm, right?” To which Vinny replies, “no actually for me, the seventh time’s a charm.” Needless to say this did not instill great confidence in Vinny’s legal acumen, but in the end Vinny saves the day.

Lewis Tulley: Rick Moranis

Quite possibly the funniest lawyer ever portrayed on film, Rick Moranis’s performance as Louis Tully in Ghostbuster’s 2 may be the most hilarious courtroom scene ever. As a hint to Mr Tully’s oratory one must read his opening statement to the court:

Your Honor, ladies and gentleman of the audience, I don’t think it’s fair to call my clients frauds. Sure, the blackout was a big problem for everybody. I was trapped in an elevator for two hours and I had to make the whole time. But I don’t blame them. Because one time, I turned into a dog and they helped me. Thank you.

Although Louis Tully may have seemed like a meek wallflower at the beginning of the trial toward the end he brought in the bigs guns when the unhelpful judge wanted the Ghostbusters to help they told him to speak to their attorney: “And that’s me! My guys are still under a judicial mistrangement order… that blue thing I got from her! They could be exposing themselves!” And you don’t want them exposing themselves!

For more serious reading please see: US Visa Thailand or K1 Visa Thailand

Thanks for reading my little rambling blog post today.

Tags: Danny Devito, Funny Lawyer Movies, Louis Tully, Marisa Tomei, My Cousin Vinny, Oliver Platt, Rick Moranis
Posted in Miscellaneous | 2 Comments »

Istanbul (Not Constantinople).

After the christening of a “New Rome” in Eastern Europe, Constantine founded Constantinople as both the administrative and political capital of the Roman Empire (thus, moving the capital from Rome and beginning what most scholars refer to as the Byzantine Empire).

In the 1400s, after years of internal turmoil and foreign encroachment, Constantinople fell and was captured by the Ottoman Turks. The fall of Constantinople is seen as the end of the Byzantine Empire and after its capture the use of the name Constantinople fell into decline, although not outright disuse as is mistakenly believed by some. Both the names Istanbul and Constantinople were used somewhat interchangeably until the turn of the twentieth century.

Subsequent to the foundation of the Republic of Turkey in 1923, the alternate labels for the city, other than Istanbul, became outmoded. With the promulgation of the Turkish Postal Service Law in 1930, the government of Turkey officially requested foreign correspondents to stop referring to Istanbul with any customary non-Turkish appellations. The refusal of the Turkish government to deliver parcels addressed “Constantinople,” led to a worldwide adoption and use of the name Istanbul.

New York and New Amsterdam

New York was originally founded by Dutch Settlers who gave the major city on Manhattan Island the name New Amsterdam. As the British and Dutch vied for control of the new colony the city’s name was changed. At one point New Amsterdam was rechristened New Orange, but finally, upon a finalized Treaty between the Netherlands and England, the City’s name was fixed as New York which is the way it is identified around the world to this day.

Siam and Thailand

The country today known as Thailand once had the official name of  Siam. In 1939 it was decided that the name should be changed and the current label was promulgated, then it was officially renamed Siam again between the years 1945 and 1949 (the Japanese Occupation of Thailand) after which time the name Thailand was readopted. Many people believe that the word Thai stems from the word “Tai”  which means “free” or “freedom” in the Thai language. This belief is a misconception as Thai actually refers to an ethnic group from the central lowlands of South Eastern Asia. A noted Thai academic is a proponent of the theory that the etymology of the word “Tai” has a meaning more closely translated as “people” or “humanity” because studies of the language has determined that in some non-urban locales the term “Tai” was utilized as a substitute for the conventional Thai word “khon,” meaning people.  That being said, Thais have accepted the apocryphal meaning and will generally explain that Thailand means: Land of the free.

As a side note, Bangkok is not the proper name of the city in Thai. Bangkok’s real name in is:

กรุงเทพมหานคร อมรรัตนโกสินทร์ มหินทรายุธยามหาดิลก ภพนพรัตน์ ราชธานีบุรีรมย์ อุดมราชนิเวศน์ มหาสถาน อมรพิมาน อวตารสถิต สักกะทัตติยะ วิษณุกรรมประสิทธิ์

Which translates in English script to:

Krung Thep Mahanakhon Amon Rattanakosin Mahinthara Ayuthaya Mahadilok Phop Noppharat Ratchathani Burirom Udomratchaniwet Mahasathan Amon Piman Awatan Sathit Sakkathattiya Witsanukam Prasit

and when translated means (loosely):

The city of angels, the great city, the residence of the Emerald Buddha, the impregnable city (of Ayutthaya) of God Indra, the grand capital of the world endowed with nine precious gems, the happy city, abounding in an enormous Royal Palace that resembles the heavenly abode where reigns the reincarnated god, a city given by Indra and built by Vishnukarn.

If Cities won awards based upon the length of their name, Bangkok would probably be the perennial winner.

Thanks for reading please look through our blog to read about US Immigration and Thai Legal Matters. Or Check out our home page at Bangkok Law Firm

Tags: Bangkok, Byzantine History, Constantinople, Istanbul, Krung Thep, New Amsterdam, New York, Siam, Thailand, Thailand History
Posted in 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 »

So I have been an avid user of Digg for the past year or so. I have read some of the horror stories of people who have been going about their days minding their own business on Digg only to suddenly find themselves booted from the community. I was one of those people thinking, “that can’t happen to me, right?” Wrong! Admittedly I have used Digg to promote some (I stress some) of my own stuff.  However, I have never spammed the system with outright promotional content and I feel that most of the submissions that were my own were the best stuff I’ve written. On other social media, people would seem to agree because some of my stuff has gotten widespread exposure.

And Along Came the Diggbar…

I don’t like to “game” the digg system in the sense that I do not go out of my way to submit things through other people (unless they truly find it interesting and want to submit my material). All of this is irrelevant because I think that ultimately I was banned not for my submission activities, but instead for using the diggbar!

Let me explain, after I learned I was banned I emailed Digg asking the reason for my unceremonious expulsion. The Digg staff replied with the following message:

Your account was reported to us as being in violation of our Terms of
Service (http://digg.com/tos) for altering blocked sites from been
submitted to Digg to evade the url block. We must be vigilant in
protecting against activities that compromise the Digg community, this
decision is final and irreversible.

Now I don’t know if others understand this message, but I do not. I have never altered any site urls in order to submit to Digg. Over promoting my stuff: At times. Auto Digging the occasional piece: I must say that I have been guilty of this from time to time. Asking others to “Digg my stuff.” Sure, but never have I altered URLs (I am frankly not tech savvy enough to even know how to go about altering a URL other than the URL compression services and in this case I’ve never used them with relation to Digg). This leaves me with only one conclusion, I was banned for using the Diggbar because it altered my URL.

On other social media sites I have submitted the Diggbar condensed URL, mostly in an effort to get traffic to the Diggbar framed site as a method of facilitating further Digging. This is the only way in which I “altered sites.” Therefore the only conclusion that I can  come to for my banning is simply using the Diggbar.

Terms of Service and the Diggbar

I have a real problem with the Diggbar from the standpoint of Digg’s Terms of Service. When I signed up for Digg, there was no Diggbar and therefore I think it smacks of a lack of equity that Digg can change there services at will, but if the user steps out of line, even slightly, we are banned. Digg’s ability to materially alter the conditions of their TOS can be found in Section 2 of Digg’s Terms of Service:

MODIFICATIONS OF TERMS OF USE

Digg reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Digg will notify you by posting an announcement on the Site. What constitutes a “material change” will be determined at Digg’s sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

But what are you gonna do?…

There isn’t really much one can do about this from a legal standpoint, but it just seems unconscionable that Digg has such unfettered power and the user is so completely at their mercy. In the real world a service contract such as this would be unlikely to hold up under judicial scrutiny, but what can one do: sue Digg? Not likely, one must show damages in order to have a cause of action and since it violates the terms of use to profit from Digg (section 5 pretty well covers all profit earning endeavors) one is kind of trapped in a paradox: either no damages and no cause of action, or admit to making money off of Digg and thus be banned for violating another section of the TOS.  A true Catch 22.

Thanks for reading my rant I hope it makes some sense.

For information about my day job please see US Visa Thailand

Tags: Dig Terms of Service, Digg, Digg TOS, DiggBar, TOS
Posted in Legal Opinion, Miscellaneous | 1 Comment »