Integrity Legal

The Path to Citizenship for Undocumented Aliens

Earlier this month President Barack Obama spoke with the President of Mexico about the issue of providing a path to citizenship for undocumented aliens in the United States. The call for comprehensive immigration reform has been brought up a great deal during the new President’s fledgling term. It is an issue that ignites passions on both sides of the aisle particularly in an economy environment in a state of decline. There is something to be said for the idea that an amnesty needs to be called to get undocumented aliens “out of the shadows,” even if a recession is threatening the jobs of American Citizens. The other side of the coin is the idea that illegal immigrants are exactly what their name implies: “illegal,” and should not in the end be rewarded for circumventing or outright violating Immigration regulations.

Many believe that the notion of America as a nation of immigrants and a melting pot of different cultures should compel the US government to make some sort of provision for granting some sort of legal status to currently undocumented aliens. Admittedly, this argument holds some merit particularly where the undocumented alien is working in the US and is not a burden to the state.

Family Immigration and Visas for Same Sex Couples

Concurrently with Comprehensive Immigration Reform there is another bill in the US Congress seeking to give another form of prospective Immigrants legal status in the United States that they do not currently retain. The Uniting of American Families Act (UAFA) seeks to add the term “permanent partner,” to the list of those eligible for US Family Immigration Benefits under US Immigration regulations.

Under the Defense of Marriage Act a marriage is recognized as a legal union between a man and a woman. Therefore, this act effectively bars same sex couples from receiving US federal recognition for a marriage (including in US states where same sex marriages and civil unions are legal). The upshot of this legislation is that it precludes same sex couples from obtaining US Immigration benefits if one of the partners is a foreign national.  The addition of  the new term “permanent partner,”  to the American Immigration and Nationality Act would allow same sex marriage and family visas without creating a legal conflict with the Defense of Marriage Act.

A New Category of Visa to be created under the UAFA?

Some lawyers and legal scholars have speculated as to what type of family visa a permanent partner would be entitled to. The term itself would seem to rule out the K1 visa because it is a fiancee visa and the use of the word “permanent” contradicts the idea of a fiance visa. At the same time, because the term specifically does not connote “marriage,” it would seem likely that a us marriage visa would be out of the question. Therefore, a “permanent partner” visa will likely be a separate category unto itself that is distinct from other family visa categories. It remains to be seen what the burden of proof will be for obtaining a “permanent partner” visa, but the fact that marriage will not be a legally recognized element for proving the relationship (at least with the Defense of Marriage Act on the books), it is likely that a large amount of evidence will be needed to prove up the bona fides of a permanent partnership.

Both Comprehensive Immigration Reform and the UAFA are necessary steps to dealing with the practical effect of immigration regulations that cause certain groups to “fall through the cracks,” of American Immigration law. However the debate on these issues is resolved, a modicum of uniformity and resolution of these matters is necessary.

Thanks for reading,

For more information about US Immigration please see:

US Visa Thailand

Tags: American Visa Thailand, gay marriage visa, gay us immigration, gay us visa, path to citizenship, Same Sex Marriage, same sex visa, uafa, uniting of american families act
Posted in Legal Opinion, Miscellaneous | 4 Comments »

For those who do not live in Thailand, a soi dog is a street dog (soi means street in Thai). They are all over in Bangkok and it is rather fun to watch them live out their lives. I have two near my office who have (according to a guy I work with who has been here for over 10 years) been living there for a while.

Stumpy (named for his stump of a tail) is the older of the two and with his mangy fur and time worn face looks about a tough as an old boot. Then there is Grumpy who is always asleep, but never has his eyes completely closed. Grumpy is named Grumpy because his overall demeanor implies a less than “happy-go-lucky” disposition. Grumpy does not like to have his naps disturbed unless food is involved. Grumpy makes a somewhat irked face when loud motorbikes pass and stir him.

In the novel Confessions of a Bangkok Private Eye, the author discusses the lot of the Soi Dog in Bangkok. He compares them to the Thai people: much like the Thai people most soi dogs are completely laid back and easy going. They seemingly live a life of ease and, like the Thais, can occasionally be found napping outdoors in the middle of the afternoon. Like most Thais, the soi dogs easy going demeanor belies a ferocity if and when threatened (which is unusual for dogs in Bangkok). Food is very important to soi dogs and the only way they can usually be stirred from their otherwise round-the-clock slumber is by offering them some kind of meat on a stick.

Although they do add a great deal of ambiance to Thailand, there is a sad side to the life of a soi dog, they are truly street dogs because they have been abandoned or born into orphanage. They are generally treated tolerantly by the Thai people (who, as ardent Buddhists, will not destroy or in any way try to purposely harm them without provocation) , and often they are given food and water by the local street vendors. Even still, they are often overlooked and malnourished. The Thai equivalent of a humane society does pick up some of the strays and sterilizes them so that they cannot reproduce and then they either keep them on in a kennel for adoption, or in some cases, they put them back out on the street.

During my stay in Bangkok, I have become quite fond of the Soi Dogs and can go out on a limb and say that I’ve become friendly with some of them (provided I come bearing some form of the aforementioned meat on a stick). I have also grown far too accustomed to ignoring these animals’ plight. For this reason I decided to put up a post about them in an effort to raise some awareness and hopefully get people to be a little more proactive in helping these animals (if nothing else just give one of them a piece of meat on a stick).

Below are some pictures of some of the soi dogs in Bangkok and Thailand:

Although they are not as aggressively opportunistic as the Moscow Subway Dogs it is because Thailand is warmer and street food is usually more plentiful. However, many of these animals need to be cared for if possible and a program of adoption and population control would be very welcome so this cycle of homeless animals does not continue unabated.

In closing, for anyone who is interested in adopting or helping to assist these animals there is a wonderful organization in Thailand called SCAD, the Soi Cats and Dogs Rescue Mission. Their website can be found HERE. They do a lot to save these animals and find them homes when they can. I would recommend anyone, particularly those living in Bangkok, stop by their site. Hopefully, by raising some awareness and everyone doing their part, more of these animals will find homes and care.

Thanks for reading, For information about the owners of this blog please see Thailand Lawyer

Tags: Bangkok Soi Dogs, Soi Dogs, Street Dogs, Thailand Soi Dogs
Posted in Miscellaneous | 8 Comments »

This is a  list of some of the best known on-screen Lawyers.  If it is not immediately apparent, I somewhat eschewed the usual courtroom movies (To Kill a Mockingbird etc.) in favor of the ones I actually enjoy rather than making an extremely boring list based upon movies that others claim are good. I am not saying that a movie such as To Kill a Mockingbird is bad, but I have just never liked some of the older movies about court (For some reason 12 Angry Men is one of my least favorite films). Some of these lawyers were good guys, others no so good. I am not condoning any of these characters’ actions. I also believe that all attorneys should have a high ethical standard, but fiction is fiction, fun is fun, and these characters are just entertaining to watch.

J. Lyman “Bruiser” Stone

Bruiser Stone was the Attorney Rudy Baylor went to work for in the beginning of the movie The Rainmaker, he was truly an ambulance chaser (using his network of police contacts to get a jump on the competition when an accident occurred).

Played by Mickey Rourke, Stone is as canny as he is flamboyant and a small exchange towards the end of the movie in which Bruiser or “Big Rhino” recites case law off the top of his head from an unknown offshore haven is a truly comical moment in an altogether great film.

Study hard in Law School and you two can go on to have 3 strip clubs and a life in self imposed Caribbean exile.

Sonny Seiler

Sonny Seiler was an actual attorney from Savannah Georgia and tried the first Murder trial of Jim Williams (which is basically the plot of the film Midnight in the Garden of Good and Evil). Jack Thompson’s portrayal of Mr. Seiler is almost akin to a caricature of the quintessential Southern Lawyer: sear sucker suit, heavy drawl, scotch at the bar, and an addiction to UGA football as epitomized by his caretaker position for the Bulldog mascot of the beloved Georgia Football team.

The best description of his abilities as an attorney comes from John Cusack’s character when he says, “I do believe that man can weave bullshit into Egyptian cotton.”

The real Sonny Seiler

His ability to sway a jury is evidenced in his opening statements after a weekend “hard at work” preparing his client’s defense (if you’ve seen the film, then you’ll understand the use of quotation marks).

John Milton

In the Film The Devil’s Advocate Al Pacino plays the Managing Partner of a Manhattan law firm.  It turns out that Pacino is in fact Satan and he is using the young attorney played by Keanu Reeves in a complex scheme to take over the world (as the Devil is generally known to do from time to time). Looking back on this film, in my opinion it is not the best movie ever made, but I have always enjoyed Pacino’s portrayal of Satan as a playboy attorney/demon having a ball on the streets of New York.

It is just fun to watch him have a good time.

Tom Hagan

Tom Hagan, the indefatigable Consigliere in The Godfather and The Godfather Part II, was one of Robert Duvall’s great roles and one of the key components missing from the third installment of the trilogy. Tom Hagan is definitely not the main character, but in a way he is the fulcrum of much of the plot surrounding the “family business.” His professionalism in such a cutthroat world is nearly awe inspiring especially when he is being held captive by a man who has already tried to kill his boss.

Tom Hagan fulfilling his role as the “guy behind the guy.”

Harry Rex Vonner

From the Film A Time to Kill: “What would Harry Rex Do? Cheat. Cheat like Crazy.” Although I’m not fond of the portrayal of all lawyers as being driven only by greed and having no regard for others, there was something mischieviously endearing about Harry Rex Vonner. Much like Doc Holliday helping the Earps in Tombstone, Harry Rex puts side his less-than-noble proclivities and uses his “legal acumen,” to help keep a man from going to death row.

…He may have just been interested in the free publicity.

Baldwin

Although Matthew McConaughey has played an attorney in more than one movie, his role in Amistad is often overlooked and it is one of my favorite portrayals of an attorney.  In the beginning of the movie McConaughey’s character is more interested in earning his daily bread than in making history or doing the morally right thing. As the film progresses he becomes entwined in the cause of the Africans and uses brilliant legal ability and courtroom oratory in order to win over a skeptical judge. Although John Adams, played by Anthony Hopkins, ultimately argues the case before the Supreme Court, were it not for Mr. Baldwin these people would never have made it that far.

I still can’t get Dazed and Confused out of my head.

Rudy Baylor

We return to the Rainmaker and my favorite of all the movie lawyers because he is an idealist who uses an insurance lawsuit to bring down a bloated and corrupt insurance company. Baylor’s trials and tribulations after law school graduation are both humorous and a realistic portrayal of what life is like for a young struggling attorney.  Baylor uses some questionable tactics when it came time for jury selection, but at the end of the day he was only playing the hand he’d been dealt. The fact that he chose a path somewhat more enlightened than that of Bruiser is all the more reason to like him.

“Sworn in by a Fool, and vouched for by a scoundrel, I am  lawyer at last.”

–The Rainmaker

Thanks for taking the time to read my little list, I hope you enjoyed it. For real life lawyers please feel free to visit us at Thailand Lawyers.

Tags: attorneys in film, attorneys in movies, lawyers in film, lawyers in movies, the rainmaker
Posted in Miscellaneous | 5 Comments »

The process of obtaining a US Visa from Thailand can be frustrating for some due to the fact that a great deal of both US and Thai government documents are necessary in order to obtain most American Visas. We will briefly discuss the time line for obtaining the US K1 Fiance Visa, K3 Marriage Visa, Conditional Resident Visa, and the Immediate Relative Visa based upon marriage. The Visa Journey can be a long process and many phases of it are “hurry up and wait,” in that there are long lulls in the process followed by burst of extreme activity where time is of the essence for meeting deadlines and getting an interview appointment.

The K1 Visa

The first step in the K1 Visa process is the filing of an I-129f fiancee visa application. This application is basically designed to confirm that the petitioner is indeed a US Citizen entitled to marry and has no criminal or immigration record that would conflict ith the provisions of the IMBRA. The USCIS will issue Notice of Action 1 which basically is an official receipt from the Immigration Service that they have obtained and will review the Petition. Should USCIS need more documentation, then they will issue an RFE (Request for Evidence), in this request they will explain what information is lacking and how the petitioner can prove up the petition.

After USCIS has adjudicated the petition, if they approve it, they will issue Notice of Action 2. This Notice informs the petitioner of the fact that the petition has been approved and it will be forwarded to the NVC (National Visa Center). The NVC will process the application and forward it to the correct Embassy for a Visa interview and adjudication by a consular officer.

At the interview the consular officer will review the petitioner’s I-134 Affidavit of Support as well as the Beneficiary’s documentation. Should the Consular officer request more information, then a 221(g) will be issued and the applicant will have 1 year to respond with the proper documentation. Upon approval the K1 Visa will be issued and the Beneficiary will need to enter the USA before the Visa expires.

Once the beneficiary enters the United States on a K1 Visa, she will have 90 days to get married and file for adjustment of status. If adjustment of status is approved then the beneficiary will be a lawful conditional permanent resident. After 2 years of lawful conditional permanent residence, the beneficiary withe the help of the US Citizen spouse will need to file for a lift of the conditionality of her visa. Once the conditions have been lifted then the beneficiary will be a lawful permanent resident of the Us without conditions.

Should the beneficiary wish to leave the USA while in K1 Status, then she would need to obtain advance parole. If she wishes to depart while in Lawful Permanent Resident Status, then it would be prudent to apply for and obtain a reentry permit.

IR-1 & CR-1 Visas based Upon Marriage

For either an IR-1 (Immediate Relative Visa) or CR-1 (Conditional Resident Visa), the same petition, the I-130, must be filed. At the time of the writing, USCIS is estimating that it takes approximately 6 months to adjudicate an I-130 petition. the process at USCIS is much the same in that both Notice of Action 1 & 2 will be issued and the file will be forwarded to the National Visa Center. Once there, it will undergo increased scrutiny than in the case of the K1 Visa and it generally takes longer for the file to be processed at NVC with an I-130 petition.

After it is processed by the NVC, it will be forwarded to the US Embassy in Bangkok, where the beneficiary must go through an interview before being granted a visa. Upon granting of the visa, the beneficiary will travel to the USA and upon entry will either be granted conditional permanent residence or lawful permanent residence without conditions. an IR-1 Visa confer permanent residence without conditions, but in order to qualify for this visa the couple must have been married for at least 2 years when the file the I-130 petition.

The K3 Marriage Visa

The K3 Visa was designed as an expedited marriage at a time when I-130 petitions were processing extermely slowly. At the time of this writing, the K3 Visa is currently processing at roughly the same rate as the I-130 petition. It is likely that filing a K3 petition will save the couple 6-8 weeks in visa processing. The major downside of the K3 is the fact that it does not confer the right to work in the USA, nor does it confer permanent residence upon entry. Adjustment of Status is necessary if a K3 holder wishes to become a permanent resident.

The K3 is a doubly filed visa petition in that one first files an I-130 petition and then an I-129f petition in order to obtain the K3 Visa. All aspects of the process are basically the same as mentioned above except for the fact that the 2 petitions are filed simultaneously and in this instance the I-129f petition is filed on behalf of a spouse rather than a fiancee.

Visas for Children of Prospective Immigrants

The Visa Journey for child immigrants is similar to that of their adult counterparts. Derivative Visas can be obtained for the children of K1 Visa seekers, K3 Visa Seekers and Immigrant Visas. In instances where a visa for a child is sought, the child will generally adjust status with their parent in order to become a permanent resident.

Tags: CR1 Visa, IR1 Visa, K1 Visa, K3 Visa, US Immigration Thailand, US Marriage Visa, US Visa Thailand, visa journey
Posted in General Legal Information, Miscellaneous, Thailand Business, us embassy bangkok, US Visa and Immigration, US Visa Thailand | No Comments »

As an American Lawyer in Bangkok, I often come across many strange laws, be they American, Thai, or any other nationality. For fun I decided to compile a list of some of the more eccentric laws from around the world. It should be noted that some of these laws if taken out of context may seem odd, but after a bit of explanation make more sense. So, without further ado…

World’s Weirdest Laws

United States

In my native State of Kansas, in a town called Natoma it is illegal to practice knife throwing at men wearing striped suits.

This begs the question: Are men in non-striped suits fair game?

An effort to make the punishmnt fit the crime

The Republic of Korea (Commonly referred to as South Korea)

In South Korea, traffic police must make a report of all bribes that they receive from drivers.

As a former long term resident of Korea, I will say that Koreans would not try to bribe a cop, but it is even more unlikely that the police would break protocol by not reporting their windfall. Korean police follow procedure to the letter.

Thanks to Korean Jurisprudence we don't need to worry about where they got the money to pay for this

Democratic People’s Republic of Korea (Commonly referred to as North Korea probably because it is neither democratic, a republic, nor in any way run by the people)

North Korea has the designation of being the only country in the world in which the Head of State is a dead man. Kim Jong-Il enacted a law declaring his father, Kim Il-Sung, Eternal President. Kim Il-Sung was his son’s predecessor and apparently still his boss.

On a side note, there is some speculation that Kim Jong-Il may in fact be dead at the time of this writing. The fact of Mr. Kim’s death may be kept hidden in order to keep the North Korean population docile. If Mr. Kim is in fact dead, but still nominally holding his title as what amounts to head of government, then North Korea would be the only country in history to be ruled by two dead men.

As if he wasn't already weird enough...

Singapore

The city-state of Singapore prides itself on law and order as well as boasting one of the cleanest urban centers on Earth. In Singapore, if found guilty of littering three times, then the punishment is cleaning the streets on Sundays with a bib on saying, “I am a litterer.”

Somewhere, and Indian is laughing.

... for a reason

The United Kingdom

All English men above the age of fourteen are to perform two hours of longbow practice a week observed by a member of the local clergy.

During the middle ages in England there was no permanent army. Therefore in wartime each feudal lord was obliged to procure a certain number of archers, knights, and infantrymen. At this time, the church was the only organization sophisticated enough to direct such a broad enterprise; hence, the enactment of this law.

Where's the Clergyman?

Argentina

Madonna may have had center stage in Evita, but her music isn’t the only thing heard in most Argentine clubs:

A law demands that Argentine DJs play as much tango music as all other genres of music combined.

Last Tango in... Argentina?

Bangladesh

In Bangladesh, children 15 and older can be put in jail for cheating on their final examinations.

I guess Bangladesh felt that destroying one’s “permanent record,” wasn’t enough.

Australia

In Melbourne it is a crime for men to parade in dresses without straps, but perfectly acceptable to cross dress in any garment bearing sleeves.

This wouldn't fly in Melbourne

France

If you thought that France was the country of romance, then you haven’t read the French legal code:

It is illegal to kiss on French railways.

I wonder what would have happened to Tom Cruise and Rebecca De Mornay had they been in France shooting the famous train scene in Risky Business.

Freeze! Move away from the Girl!

And finally, we return to the USA

It is a crime in Florida for divorced, widowed, or single women to parachute in the afternoon on Sundays.

Your guess is as good as mine on this one.

Thanks for Reading!

Tags: funny laws, strangest laws, worlds weirdest laws
Posted in Miscellaneous | 7 Comments »

A common question for people getting married in Thailand is: can I get a prenuptial agreement in Thailand? The answer to this question is a resounding yes. Prenuptial agreements are recognized under Thai law and, if properly drafted, a Thai prenuptial agreement will be registered at the time of the Thai marriage. This is not the end of the story. There are some details that should be discussed before obtaining a Thai prenuptial agreement.

Thai Prenuptial Agreement when Registering a Marriage in Thailand

In Thailand, in order for a prenuptial agreement to be enforceable, the agreement must be registered at the time of the marriage. This is a literal statement, meaning that the agreement is attached to the marriage registration and is incorporated into the Thai marriage registration process. This is slightly different from prenuptial agreements in the US where they are simply signed before the marriage and it is somewhat separate from the marriage legalization.

Thai prenuptial agreements and US law

In a Thai prenup it is advisable to choose what type of law will govern the agreement. This means that if two people sign a prenuptial agreement that uses Idaho law, then at the time of the marriage dissolution, Idaho law will govern the agreement, regardless of where the divorce takes place. For Thai prenuptial agreements this is an important concept because it is probably not a good idea to use Thai law to govern the agreement. The reason for this is that most American jurisdictions will have a difficult time adjudicating property distributions on Thai legal principles due to the fact that those principles are foreign to concepts under common law. Also, a major reason for not using Thai law is the fact that the legislation is written in Thai and would thus be difficult to translate and interpret. This being said, a choice of law provision can be incorporated into a Thai prenuptial agreement so that US law will govern the agreement even though the agreement was executed in Thailand.

Why a US Attorney is necessary for Thai Prenuptial Agreements drafted for Americans

A US attorney in conjunction with a Bangkok lawyer can draft a prenuptial agreement that fully comports with both Thai and US law and ensure that it fully protects an American client’s assets should a divorce occur. Although Thai prenuptial agreements are not a guaranteed method of asset protection, they provide a great deal of protection for assets should a divorce arise.

Tags: prenup, prenup bangkok, Thai prenup, Thai prenuptial agreement, thailand prenuptial agreement
Posted in General Legal Information, Miscellaneous, Thai Family Law | 6 Comments »

The Uniting of American Families Act (UAFA) is a bill currently in Congress that would amend the US Immigration and Nationality Act in an effort to end discrimination against gay, lesbian, bisexual, and the trans-gendered US Immigration legislation by allowing “permanent partners” of US Citizens and permanent residents to obtain lawful permanent resident status in the same way as conventional spouses of American citizens and lawful permanent residents and to penalize immigration fraud related to non-bona fide “permanent partnerships.”

The most important aspect of this legislation is the addition of the term “permanent partner,” to current Immigration law. Under the proposed legislation proving permanent partnership would be defined as someone who:

(A) is in a committed, intimate relationship with another individual 18 years of age or older in which both parties intend a lifelong commitment;

(B) is financially interdependent with that other individual;

(C) is not married to or in a permanent partnership with anyone other than that other individual;

(D) is unable to contract with that other individual a marriage cognizable under this Act; and

(E) is not a first, second, or third degree blood relation of that other individual.

...with liberty and justice for ALL

In my opinion, these “permanent partner” visas will require a great deal more evidence to prove a relationship than a conventional marriage visa, but at the same time it could closely resemble the K1 Fiance Visa in that, the K1 is a visa not based upon a marriage but an underlying bona fide relationship between the petitioner and the beneficiary.  After the sweeping election of Democrats in November there is a better chance than ever that this legislation will pass, but in order to get this through it may still require pressure being brought to bear on local Congressmen and Senators. So if this is an issue for you or someone you know, then call your local representative and tell them to vote for the Uniting of American Families Act.

Should this legislation be passed it would be a major victory for the LGBT Immigration movement. For more information please visit the following sites:

Immigration Equality

UAFA on Wikipedia

LGBT Immigration Rights

Tags: Gay Rights, gay us immigration, gay visa, LGBT US Visa, permanent partner, Same Sex Marriage, same sex visa, uafa
Posted in General Legal Information, Miscellaneous, Upcoming Legislation, US Visa and Immigration | 3 Comments »