Integrity Legal

It recently came to this blogger’s attention that the administration of President Barack H. Obama is poised to take a more commonsensical approach to issues pertaining to United States Immigration. In order to shed further light upon this issue it may be best to quote directly from an article entitled New Common-Sense Immigration Reforms to Strengthen Our Economy written by Aneesh Chopra & Alejandro Mayorkas and posted on the White House blog at WhiteHouse.gov:

President Obama recently reaffirmed the urgent need to fix our broken immigration system, so that America can compete and win in the 21st century.  Immigrants make extraordinary contributions to our economic well-being, as demonstrated in study after study. For evidence, you can turn to recent analyses from the Treasury Department, the bipartisan Partnership for a New American Economy, or the U.S. Chamber of Commerce.

Or simply visit Silicon Valley.  Aneesh participated in a roundtable yesterday hosted by the Silicon Valley Leadership Group where nearly half of the executives in the room were immigrants. They were unanimous in their call for action in the high skilled area — a top priority for the group, along with a new service campaign to connect the  best and brightest in the Valley with  kids in need.  But they were also frustrated with our inability as a country to tackle these issues as it has been several years since they began such conversations.

Aneesh did review the White House’s Blueprint for Building a 21st Century Immigration System, reinforcing what they already knew — that our economic competitiveness would be strengthened by a legal immigration system that reflects our values and meets our diverse needs…

The administration of this web log strongly encourages readers to click on the hyperlinks noted above to read further from this insightful piece.

This blogger is personally anxious to see a new common sense strategy employed in the administration of America’s immigration system. In a previous posting on this blog it was noted that the Obama administration in conjunction with Senator Amy Klobucher have taken steps to move forward on legislation designed to reform certain aspects of the American visa system. This initiative appears to be undertaken in an effort to generate further revenue for America in the form of tourist dollars. Furthermore, there are some who would argue that a reform of the immigration system would result in an increase in foreign direct investment in the USA as foreign nationals travel to America on visas such as the E-2 visa or the EB-5 visa in order to engage in trade or start a business.

Credit where credit is due: the administration appears serious about making positive changes to the US visa process and for this reason their efforts to that end should be admired. However, not everyone is enthusiastic about every aspect of the Obama administration’s policies and procedures as was recently discovered by this blogger while surfing the internet for information regarding the recent Patriot Act Extension. It would appear as though the issue of the Patriot Act’s extension is not the salient point for some as the President’s method of “signing” the recent legislation has been called into question. To quote directly from an article written by Benjy Sarlin posted on the website TalkingPointsMemo.com:

President Obama’s use of a mechanical “autopen” to sign the new PATRIOT Act extension from abroad has at least one Republican lawmaker worried about a “dangerous precedent.” According to Rep. Tom Graves (R-GA), using a machine to sign legislation could one day bring about a dystopia in which robotic writing utensils are used to enact all manner of phony legislation.

“I thought it was a joke at first, but the President did, in fact, authorize an autopen to sign the Patriot Act extension into law,” Rep. Tom Graves (R-GA) said in a statement. “Consider the dangerous precedent this sets. Any number of circumstances could arise in the future where the public could question whether or not the president authorized the use of an autopen. For example, if the president is hospitalized and not fully alert, can a group of aggressive Cabinet members interpret a wink or a squeeze of the hand as approval of an autopen signing? I am very concerned about what this means for future presidential orders, whether they be signing bills into law, military orders, or executive orders.”

The administration of this web log recommends that readers click upon the relevant hyperlinks noted above to read this interesting posting in its entirety.

Representative Tom Graves is not the only one with concerns regarding this method of enacting legislation via “autopen” as those who subscribe to a so-called “formalist” or plain language interpretation of the United States Constitution (which this blogger has been known to agree with on certain issues) seem to have taken some offense to the notion of being able to sign legislation, especially legislation as important as the Patriot Act extension, into law through usage of an “autopen” especially in light of a plain language interpretation of the U.S. Constitution itself. To further elucidate this point it may be best to quote directly from a very astute comment on the CBSnews.com website attributed to Bojax39 on May 31, 2011:

Justice Department’s Office of Legal Counsel: “…we conclude that the President need not personally perform the physical act of affixing his signature to a bill he approves and decides to sign in order for the bill to become law. Rather, the President may sign a bill within the meaning of Article I, Section 7 by directing a subordinate to affix the President’s signature to such a bill, for example by autopen.”Article 1, Section 7 of the U.S. Constitution: “Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approves he shall sign it…” Now how the name of chicanery did the OLC “conclude” that? Just where does the Constitution say it’s okay for a machine to sign laws? What happens years from now when the government wants to prove to the people that it’s had the power to do some legal trickery for years? Drag out a former president’s autopen program to retroactively sign an empowering bit of “legislation”, wait for the ink to dry and tell us the law is really decades old?..

The administration of this blog again strongly recommends that readers click upon the hyperlinks noted above to read this comment fully. That stated, one is always encouraged to take some opinions posted on the internet with a proverbial “grain of salt,” but under the circumstances the points raised in the citation above are valid.

Clearly, there is room for debate as to the legitimacy of “autopen” usage in the adoption of legislation. In fact, there could be an argument that failure to fully adhere to Article 1 Section 7 noted above creates an implication that the extension of the Patriot Act fails to conform to notions of due process of law under the American Constitution. How this issue will play out in the months and days ahead remains to be seen, but it seems likely that further discussion of “autopen” usage may arise in the future.

For related information please see: Legal.

Tags: American Constitutution, American Visa, American Visa System, Article 1 Section 7, autopen, Common-Sense Immigration, dangerous precedent, due process, due process of law, E 2 Visa, EB-5 Visa, foreign direct investment, formalism, formalist, Justice Department's Office of Legal Counsel, legal formalism, legal formality, Partnership for a New American Economy, Patriot Act, Patriot Act Extension, plain language, President Obama, Rep. Tom Graves, Senator Amy Klobucher, Silicon Valley, Silicon Valley Leadership Group, textualism, Treasury Department, U.S. Chamber of Commerce, U.S. Constitution, United States Constitution, US Visa System, White House's Blueprint for Building a 21st Century Immigration System
Posted in Editorial, News, US Visa and Immigration | No Comments »

It recently came to this blogger’s attention that there appears to be some further international competition occurring within discussions in the context of the recently vacated IMF Managing Directorship. To quote directly from a very insightful article appearing on the website rediff.com:

The scramble for International Monetary Fund managing director’s chair has escalated into a war of sorts with developing nations calling for a change in the power equation. Most of the developing nations seek an end to European dominance over the IMF’s top job. Prime Minister Manmohan Singh on Wednesday said the developing countries should be together in the attempt to reform the global financial institutions.

The administration of this web log strongly encourages readers to click upon the hyperlinks noted above to read this story in full in order to gain further insight into the developing nature of this situation.

It is interesting to note that this posting brings up the apparently increasing international intrigue which seems to exist as the jockeying for the position of IMF Managing Director appears to continue unabated. The aforementioned post was recently vacated upon the arrest of former Managing Director Dominique Strauss-Kahn in New York City. Mr. Kahn has yet to be proven guilty of a crime to the best of this blogger’s knowledge and therefore remains innocent until proven guilty pursuant to United States law. Relevant to that news the Secretary-General of the Association of Southeast Asian Nations (ASEAN) raised the issue of broader international representation within the IMF in favor of developing nations with specific emphasis upon an Asian context. This announcement occurred virtually simultaneously (in a relative context) with a joint statement from the so-called BRICS nations. To quote further from Rediff.com:

Although some European nations have declared their support for French Finance Minister Christine Lagarde, the BRICS nations — Brazil, Russia, India, China and South Africa — have issued a joint statement in Washington questioning the methodology of selection of IMF chief on the basis of nationality.

Although the BRICS have something relevant to say on that issue, certainly as relevant as the opinions held by the member nations of ASEAN, it is interesting to note that there appears to be some speculation regarding the efforts of China to secure some sort of position for a Chinese national within the International Monetary Fund. To quote further directly from Rediff.com

BRICS said it is time to ‘abandon the obsolete unwritten convention that requires that the head of the IMF be necessarily from Europe’. Meanwhile, unconfirmed news reports said that the European Union has offered the post of the deputy managing director of the IMF to a Chinese candidate in exchange for its support to Christine Lagarde.

Again, this blogger encourages readers to click upon the relevant hyperlinks above to learn more.

This blogger was somewhat amused upon reading the paragraph noted above as the scene is placed in perspective as the angling for positions at the IMF can be seen to have the same political dynamics that may develop when seeking positions in other official capacities, in both a national and international context, as competition for such positions can be as political as the competition in the United States of America for an office in the public service at both the federal and State levels. It would seem that under the circumstances there must be someone whom all of these various factions can agree upon, but by all appearances a consensus is far from reached. An inability to find someone to fill the void could theoretically require further discussion.

In political matters of a more national complexion for American readers it recently came to this blogger’s attention that headway might be made in the struggle for equal LGBT rights. To quote directly from a very inspirational posting by the administration of the UnitingAmericanFamilies.Net website:

Immigration Equality reports that a hearing on UAFA before the Senate Judiciary Committee has been scheduled for June 3. I just have to believe that every phone call, every letter, every blog entry has got to have contributed to this. But this is just a hearing – not a vote, and then, even if it gets voted out of committee in the Senate, the same will have to happen on the House side, and then there will have to be votes by the full House and Senate (IF there are enough votes in the Senate to stop a Republican filibuster). So don’t for a second think that our work is done! Call your two senators and your one Congressperson. Tell your story…

The administration of this blog strongly recommends that readers check out the hyperlinks noted above as well as the overall website as it has a great deal of very pertinent information regarding the Uniting American Families Act, previously introduced into the United States House of Representatives by Representative Jerrold Nadler. There is an especially intriguing article regarding the difference between passage of the Uniting American Families Act (UAFA) and the repeal or overturning of the so-called “Defense of Marriage Act” (DOMA), which this blogger finds repugnant to the Constitution on the grounds that it unnecessarily usurps the Several States’ sovereign power to license marriage within their jurisdiction, but it would appear that some feel the more modest measure of UAFA enactment would be a more effective remedy for this particular discrimination suffered by the American LGBT community, in both a bi-national and national context, at the hands of an overreaching federal government in a pique over the fact that they are not legally entitled to dictate to the several States what shall constitute a valid marriage. Six States, notwithstanding the District of Columbia, have already permitted such unions which in this blogger’s humble opinion, should be accorded Full Faith and Credit pursuant to the Full Faith and Credit Clause of the United States Constitution.

Bearing all of the above in mind, those interested in seeing the Uniting American Families Act, or any act like it; become law, are well advised to contact relevant federal representatives as any equitable relief to same sex bi-national couples currently separated by legislation such as DOMA would be better than the current legal situation in which they are now placed. Due to the currently applicable provisions of the so-called “Defense of Marriage Act” same sex bi-national married couples (even those who have a had a marriage solemnized and/or legalized by a sovereign American State) are not permitted to apply for the same United States immigration benefits as their different-sex counterparts. Passage and ultimate enactment of UAFA would at least permit same sex bi-national couples to petition and apply for substantially the same immigration benefits routinely accorded to different-sex couples.

For related information please see: Legal.

Tags: ASEAN, ASsociation of Southeast ASian Nations, Brazil, BRICS, China, Defense of Marriage Act, DOMA, Dominique Strauss-Kahn, French Finance Minister Christine Lagarde, Full Faith and Credit, Full Faith and Credit Clause, Immigration Equality, India, International Monetary Fund, lgbt immigration, LGBT Rights, lgbt visa, New York, Prime Minister Manmohan Singh, Representative Jerrold Nadler, Russia, Same Sex Bi-National Couple, Same Sex Bi-National Couples, Senate Judiciary Committee, South Africa, States' Rights, UAFA Hearing, United States House of Representatives, United States Senate, Uniting American Families Act
Posted in China Business, Editorial, News, Opinion, same sex visa | No Comments »

It recently came to this blogger’s attention that the head of the International Monetary Fund has been arrested in the American city of New York. To quote directly from the official website of the New York Post, nypost.com:

The French political bigshot who heads the International Monetary Fund was arrested for allegedly sodomizing a Manhattan hotel maid yesterday — hauled off an Air France flight just moments before takeoff from Kennedy Airport, police sources said. Three Port Authority detectives pulled Dominique Strauss-Kahn from the plane’s first-class cabin just two minutes before it was due to depart for Paris, according to the police sources…

Hyperbole aside, this is a truly interesting case as it would appear that the charges are indeed quite grave at least according to this report which continues:

Strauss-Kahn is awaiting arraignment on charges of a criminal sex act, attempted rape and unlawful imprisonment, NYPD spokesman Paul Browne said. The trouble began at around 1 p.m. yesterday when a 32-year-old housekeeper entered Strauss-Kahn’s $3,000-a-night suite at the luxury Sofitel on West 44th Street — apparently unaware he was still inside…

The administration of this web log asks readers to click upon the hyperlinks noted above to learn more on what appears to be a quickly unfolding story. To gain further perspective further research may be required. Those reading this blog are asked to remember that in the United States a prospective defendant is viewed in the eyes of the law as innocent until proven guilty.

Meanwhile, this news comes at a time when the Southeast Asian Nation of Singapore sees the resignation of a much respected Minister. To quote directly from the official website of the BBC:

Singapore founding father Lee Kuan Yew has resigned from the country’s cabinet, ceding leadership to his son, Prime Minister Lee Hsien Loong. The move comes after their party’s worst election result since 1965. Lee Kuan Yew and fellow former prime minister Goh Chok Tong said in a joint resignation statement that the “time has come for a younger generation”. The 87-year old Mr Lee was prime minister from 1959 to 1990, after which Mr Goh took over until 2004…

The administration of this web log strongly encourages readers to click on the hyperlinks noted above to learn more about this situation. Although Lee Kuan Yew is stepping down at a time when his party is facing a slump he is also able to look back at a career of achievement with respect to Singapore’s economic position relative to the rest of the world. It can certainly be said that, in many ways, he is leaving the country in a better economic position relative to the position it was in when he took office.

As events which impact an international institution such as the International Monetary Fund can have a collateral impact upon nations comprising the Association of Southeast Asian Nations (ASEAN) and while Singapore’s political complexion can have an effect upon politics in the region of Southeast Asia it stands to reason that both of these events occurring virtually simultaneously will have a substantial “ripple effect” across the economies of the jurisdictions which make up ASEAN.

Readers of this blog are encouraged to keep abreast of these developments, especially those Americans Resident Abroad as these events could have implications for the future of the whole continent of Asia. As an American Resident Abroad in the Kingdom of Thailand this blogger feels that it is highly likely that these recent events, no matter how they eventually play out, are likely to have critical implications for American Citizens conducting business abroad in the future.

For related information please see: US Company Registration or Legal.

Tags: ASEAN, ASEAN Business, ASEAN news, ASsociation of Southeast ASian Nations, Business News, Dominique Strauss-Kahn, Economic News, Financial News, Goh Chok Tong, International Monetary Fund, Kennedy Airport, Kingdom of Thailand, Lee Hsien Loong, Lee Kuan Yew, NYPD spokesman Paul Browne, Port Authority, Singapore, Singapore founding father, Southeast Asia News, Thailand Business
Posted in American Business, ASEAN Business, Editorial, News, Opinion, Thailand Business | No Comments »

It recently came to this blogger’s attention that the issue of inflation has been on the minds of policymakers in some of the member countries of the Association of Southeast Asian Nations (ASEAN). Officials is Laos and Cambodia were recently noted by media outlets in those jurisdictions to have commented upon this issue. To quote directly from the official website of the Vientiane Times, VientianeTimes.org.la:

The government is concerned about rising inflation in Laos, triggered by the high price of oil and food, which is expected to impact on the economy and poverty reduction efforts. Deputy Minister of Planning and Investment Dr Bounthavy Sisouphanthong said on Thursday the government is studying measures it can take to minimise the impacts on the economy and livelihoods of local people… Dr Liber warned that the government needs to respond to the situation quickly, as rising inflation will cause more serious impacts on the economy and efforts to reduce poverty levels. The government cabinet’s monthly meeting was held in Vientiane on April 25-26 and assigned the relevant sectors to study measures to minimise the impacts of rising fuel prices on the economy.

The administration of this web log asks readers to click upon the hyperlinks noted above to read further from this interesting article. Clearly, Lao officials are aware that inflation may become an acutely pressing issue at some point, but it would seem, at least for now, that measures are being considered to respond to issues pertaining to inflation in Laos.

Meanwhile, Laos is not the only ASEAN member nation whose officials are analyzing the issue of inflation. It would seem as though authorities in the Kingdom of Cambodia are also concerned about the possibility of inflation. To quote directly from the official website of the Phnom Penh Post, PhnomPenhPost.com:

Cambodia should expect price inflation of 6 percent this year, according to a United Nations report released yesterday, which government officials said was a tolerable level…Minister of Economy and Finance Deputy Secretary General Ros Seilava said at the report’s release in Phnom Penh that 6 percent inflation for 2011 was a manageable level. “A six to seven percent increase in inflation is expected this year, however to a certain level, this could be tolerated,” he said.

Again, the administration encourages readers to click upon the hyperlinks noted above to gain further perspective and insight into this issue in a Cambodian context from a well written and informative posting.

It would seem apparent that issues associated with inflation are likely to be of possible concern for those conducting business in Cambodia or business in Laos going forward. The same may also be true for those conducting business in the neighboring Kingdom of Thailand. In any case, inflation is an important economic issue that must be discussed. It is certainly a positive sign that officials in Laos and Cambodia are aware of these issues, but the ramifications of possible future inflation have yet to be fully realized. Issues associated with inflation are a cause for concern in countries such as the United States, but in the context of so-called “developing nations” this issue can be extremely important. Therefore, those interested in the issue of inflation in a Southeast Asian context may be prudent to continue following this developing story.

For related information please see: Thailand business.

Tags: ASEAN news, ASsociation of Southeast ASian Nations, Business in ASEAN, Business in Cambodia, Business in Laos, Cambodia news, Deputy Minister of Planning and Investment Dr Bounthavy Sisouphanthong, inflation, inflation in Southeast Asia, inflation news, Laos news, Minister of Economy and Finance Deputy Secretary General Ros Seilava, Phnom Penh, United Nations, Vientiane
Posted in ASEAN Business, Cambodia Business, Laos Business, News | No Comments »

It recently came to this blogger’s attention that the recently announced Presidential candidate Representative Ron Paul noted his reaction to hearing the news of the demise of terrorist Osama bin Laden. To quote directly from an interesting article posted on the official website of The State Column, thestatecolumn.com:

Texas Rep. Ron Paul said Tuesday that he was delighted to hear of the death of Osama bin Laden.

The Texas Republican, and potential Republican presidential candidate, discussed the killing of bin Laden on The Diane Rehm Show, saying he is “still looking for more information” concerning the details of the killing.

Mr. Paul said he supported the killing of bin Laden, adding that he voted for the authority to go after those responsible for 9/11.

The administration of this blog recommends readers click upon the hyperlinks above to learn more from this insightful story.

On a somewhat related matter (related as both stories pertain to U.S. politics), but certainly of likely interest to readers of this blog, it would appear as though the Immigration Equality Action Fund has taken steps to build a coalition of businesses in favor of enactment of the Uniting American Families Act (UAFA). To quote directly from the official website of the Immigration Equality Action Fund, ImmigrationEqualityActionFund.org:

Immigration Equality Action Fund created the Business Coalition for the Uniting American Families Act to engage global companies who are fed up with the loss of talented LGBT employees due to immigration restrictions. The Coalition is a group of global businesses calling on Congress to pass the Uniting American Families Act, S. 424/H.R. 1024.

The administration of this web log strongly encourages readers to click upon the hyperlinks noted above to read about this information in detail. Furthermore, readers are encouraged to take note of those companies which have shown their support for the rights of the American LGBT community.

For those unfamiliar with this issue, the Uniting American Families Act (UAFA), recently reintroduced in the U.S. House of Representatives by Representative Jerrold Nadler, would provide immigration benefits for the “permanent partners” of United States Citizens and/or Lawful Permanent Residents thereby circumventing the current (questionably Constitutional) legal restrictions barring the granting of federal benefits to those who are in a same sex marriage or intending to enter into a same sex marriage upon lawful admission to the United States of America. Such discrimination currently exists pursuant to the provisions of the so-called “Defense of Marriage Act” (DOMA). The reader is encouraged to note that these current restrictions exist notwithstanding the fact that a number of sovereign American States have voiced their support for same sex marital unions. Most notable for those interested in the legal ramifications of this issue: the Commonwealth of Massachusetts and the State of California have seen cases pertaining to these issues, but as of yet, the issue remains in a sort of stasis as the wheels of justice slowly turn.

As the 2012 election approaches it is noteworthy how varied the issues are likely to be even as they comprise the spectrum of presidential debate topics.

For related information please see: Respect for Marriage Act or Full Faith and Credit Clause.

Tags: American LGBT community, Campaign 2012, Commonwealth of Massachusetts, Defense of Marriage Act, DOMA, Election 2012, Representative Jerrold Nadler, Representative Ron Paul, Respect for Marriage Act, Ron Paul, Same Sex Bi-National Couple, Same Sex Marriage, State of California, uafa, UAFA Coalition, Uniting American Families Act
Posted in Election 2012, lgbt immigration, News, same sex visa | No Comments »

It would seem as though Southeast Asia is not immune to geopolitical tensions as it recently came to this blogger’s attention that conflict along the disputed Thai-Cambodian border may be increasing. To quote directly from the official website of the BBC, BBC.co.uk:

Troops from Thailand and Cambodia have again exchanged fire over their disputed border. Unconfirmed reports, quoting a Thai army spokesman, said that one Thai soldier had been killed and seven more were wounded. Each side has accused the other of starting the latest exchange. Tensions have been high since a skirmish in February at the Preah Vihear temple, which is claimed by both countries. The latest exchange was about 100km (62 miles) south-west of the temple. Thailand said its troops had been on routine patrol and Cambodia fired first.

The administration of this blog strongly recommends that readers click upon the hyperlinks above to read this story in further detail. Meanwhile, in order to gain further insight and perspective on this issue it may be best to quote directly from Xinhua‘s official website at Xinhuanet.com:

PHNOM PENH, April 22 (Xinhua) — Cambodia and Thai troops exchanged fires at two separate temples at border area, located about 200 kilometers west of disputed temple of Preah Vihear, military sources said on Friday. The sources said the clash occurred at around 6:00 am on Friday at Ta Moan and Ta Krabey Temples. Neak Vong, deputy commander of brigade 42 at Ta Mon Thom temple, said that all kinds of weaponry have been used. “Now the exchange fire between Cambodia and Thai troops is continue,” he told Xinhua by telephone as the sound of weapon explosions on the background. [sic]

Again, the administration of this web log encourages readers to click upon the hyperlinks above to learn more.

In recent months, the area along this border region has been in dispute by authorities in Thailand as well as Cambodia. It was hoped that these tensions could be resolved through diplomatic channels. In fact, it was initially suggested that the United Nations play a role in arbitrating the dispute. At the time of this writing it is this blogger’s understanding that there is no UN arbitration, but the Association of Southeast Asian Nations (ASEAN) has apparently been involved in attempting to mediate the dispute between Thailand and Cambodia. Clearly, such efforts have yet to bear fruit.

The legal and political issues involved in this dispute are both complex and controversial. It remains to be seen how this situation will unfold, but hopefully, this dispute can be resolved to the benefit of all concerned.

For related information please see: BRICS.

Tags: ASEAN, ASsociation of Southeast ASian Nations, BBC, Cambodian Army, Cambodian Border, Preah Vihear, Preah Vihear Temple, Ta Krabey Temples, Ta Moan Temple, Thai army, Thai-Cambodian Border, Thailand Border, Xinhua
Posted in News | No Comments »

It recently came to this blogger’s attention that there are important events occurring in the realm of finance as the United States recently appears to have had its sovereign debt rating outlook lowered by Standard & Poor’s. To quote directly from an article written by Robin Harding, James Politi, and Michael Mackenzie on the official website of the Financial Times at FT.com:

Standard & Poor’s issued a stark warning to Washington on Monday, cutting its outlook on US sovereign debt for the first time and throwing more fuel on the raging debate over America’s swollen deficits.

The agency kept America’s credit rating at triple A but for the first time since it started rating US debt 70 years ago, cut its outlook from “stable” to “negative”. A negative outlook means there is a one-third chance of a downgrade in the next two years.

The administration of this blog strongly encourages readers to click on the hyperlinks above to view this story in detail as further insight can be derived therein.

The ramifications of this announcement are likely to reverberate around the globe, but in the United States there appears to have already been at least a market reaction to this information. To quote directly from an article written by Larry Elliot posted on the official website of The Guardian at Guardian.co.uk:

US budget deficit has moved from a surplus at the turn of the millennium to a deficit of 11% by 2009. Shares fell sharply on Wall Street today after the ratings agency S&P issued a warning to the US government about its soaring budget deficit. In a move that surprised and rattled the financial markets, S&P said it was cutting its long-term outlook on America from stable to negative…In early trading in New York, the Dow Jones industrial average had lost nearly 250 points – 2% – with the dollar weaker on the foreign exchanges and yields rising on US Treasury bills. The FTSE 100 in London was also down 2% or 126 points at 5869.

Again, this blogger strongly encourages readers to click on the hyperlinks above to read further and gain greater insight.

Hopefully, the consequences of the S&P downgrade will be short lived for America and her People, but there are some who argue that further turbulence may be ahead as countries around the world are economically re-aligning in ways which are unprecedented.  To quote directly from an article written by David Marsh on the website Yahoo.com:

China and four other leading high-growth economies have taken landmark steps toward lowering the importance of the dollar in international financial transactions — part of a seminal shift in the move towards a multicurrency reserve and trading system…Addition of South Africa to the former BRICS format seems to have galvanized the grouping. The five countries agreed to expand use of their own currencies in trade with each other — an important step toward putting the dollar into a new downsized place. One key influence is the annual expansion of China’s trade volume with other core countries by 40% in 2010 — and the buoyancy looks set to continue. The BRICS’ state development banks, including the China Development Bank, agreed to use their own currencies instead of the dollar in issuing credit or grants to each other — and they will also phase out the dollar in overall settlements and lending among each other.

In the recent past, it seemed as though many were discussing an “alternative” reserve currency to take the place of the dollar in an international context. However, from the information which can be gathered above, it would appear as though the so-called BRICS countries (Brazil, Russia, India, China, and newly added South Africa) are moving towards something of a multicurrency system which, presumably, would incorporate the currencies, to one degree or another, of the member states noted above.

It is difficult to comment upon these events in detail at the time of this writing as the full ramifications of S&P’s downgrade, in conjunction with the BRICS announcements, could substantially impact the United States, Thailand, and the Association of Southeast Asian Nations (ASEAN) as a whole; since all of these entities have economic and political ties to the BRICS nations.

Concurrently, it would appear as though the Kingdom of Thailand remains something of an oasis of economic stability amidst the events unfolding above as tourism in Thailand along with the business of Thai Companies would appear to be steady. Currently, Thailand maintains thriving economic ties with the United States pursuant to agreements such as the US-Thai Treaty of Amity.

For related information please see: Thai business visa or US Company Registration.

Tags: American Business, ASEAN, ASEAN Business, ASsociation of Southeast ASian Nations, Brazil Business, BRIC, BRICS, business in America, Business in ASEAN, business in China, business in India, business in Russia, Business in Thailand, China Business, China Development Bank, India Business, international financial transactions, multicurrency reserve, Russia Business, S&P, South Africa Business, Sovereign Debt, Sovereign Debt Downgrade, Standard and Poor's, Thailand Business, US Sovereign Debt, US-Thai Treaty of Amity
Posted in News | No Comments »

It would appear as though government shutdown has been averted, at least for the time being as an apparent bi-partisan initiative has resulted in continued funding for the United States government. To quote directly from ABC News on go.com:

Barely more than an hour before a midnight deadline Friday night, officials announced a deal to avert a government shutdown. “We will cut $78.5 billion below the president’s 2011 budget proposal, and we have reached an agreement on the policy riders,” House Speaker John Boehner, R-Ohio, and Senate Majority Leader Harry Reid, D-Nev., wrote in a joint statement.

The agreement would cut $37.67 billion from the 2010 budget and keep intact funding to Planned Parenthood, sources from both parties told ABC News.

“We protected the investments we need to win the future,” President Obama said after the deal was struck. “At the same time, we also made sure at the end of the day this was a debate about spending cuts — not social issues like women’s health and the protection of our air and water. These are important issues that deserve discussion, just not during a debate about our budget.”

Readers of this blog are highly encouraged to visit the above links to gain more insight on this story.

On a related note, credit where credit is due regarding the preparations seemingly undertaken by the officers of the Department of State in trying to front load their efforts as much as humanly possible regarding previously-approved visa issuances as the prospect of Government Shutdown became more acute.

On a less related note, those interested in the struggle for equality for the LGBT community in the context of the United States immigration process should take note of the fact that the United States Citizenship and Immigration Service (USCIS) attempted to put a hold on deportations involving same sex bi-national couples before having that hold rescinded by the Department of Homeland Security (DHS). USCIS, your efforts to help keep bi-national families together has not gone unnoticed.

It would seem as though the ultimate resolution on this issue will come either in the form of a legal opinion from the United States Supreme Court, as in a case such as that from the Massachusetts Federal Court and others in the US Courts currently working their way through the appellate process, or through enactment of legislation which would repeal, hopefully at the very least, the Federal recognition provisions currently embodied in the language of the so-called “Defense of Marriage Act” (DOMA) similar to the legislation colloquially referred to as the Respect for Marriage Act and/or the Uniting American Families Act.

Tags: American government shutdown, Defense of Marriage Act, Department of Homeland Security, Department of State, House Speaker John Boehner, LGBT community, LGBT Equal Immigration, President Obama, Senate Majority Leader Harry Reid, United States Citizenship and Immigration Service, Uniting American Families Act, US government shutdown, USCIS
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This blogger writes this post in transit between the Vientiane, Laos and Bangkok, Thailand having been retained to assist with Consular Processing at the Post in Laos. It came to this blogger’s attention while physically outside of the US Embassy compound that the Post in Vientiane will be closed on April the 8th for training purposes. This alone would not have concerned this blogger a great deal as United States Missions abroad routinely close local posts in order to use the closure as an opportunity to train personnel. Therefore, those reading this should not necessarily make the assumption that the Post in Vientiane is closing in anticipation of a government shutdown. That said, the forthcoming information, in conjunction with that noted above gave this blogger pause.

Bearing the above paragraph in mind, this blogger was also notified that the US Embassy in Bangkok has been calling prospective visa beneficiaries with upcoming visa interview appointments in order to attempt to reschedule pending visa interviews. It would appear that this is being done in response to the belief that a government shutdown is possibly imminent and should such a shutdown actually occur it would likely result in the closure of the various Immigrant Visa Units and Non-Immigrant Visa Units at US Missions abroad.

In a previous posting on this blog, the administration analyzed the possible ramifications of such a state of affairs and those reading this posting are encouraged to look at that post in order to learn more about this rather serious issue. The previous posting on this issue can be found at: Government Shutdown.

A few notes on the US Embassy in Vientiane, Laos; first, three words accurately describe this Post: courteous, professional, and efficient. The foreign-language officers are extremely helpful and the English-language officer aptly engaged in staying on top of what, to this blogger, appeared to be  substantial caseload and simultaneously dealing with applicants very politely all while checking documents and doing the routine due diligence required of Consular Officers stationed overseas.

At the time of this writing, it remains to be seen whether or not a government shutdown will actually occur, but should the government shutdown, then this could have a substantial impact upon US visa applications for visas such as the CR-1 visa, the K-1 visa, the IR-1 visa, and the K-3 visa. Meanwhile, processing of business visas such as the EB-5 visa and the L-1 visa could also be impacted by a shutdown of the United States government. There is some speculation as to whether or not the United States Citizenship and Immigration Service (USCIS) will shutdown as a result of possible government closure as USCIS is self-funded by petition and application fees (although that agency did receive money from the US government last year in order to cover a funding shortfall).

As this situation evolves, the administration of this blog will attempt to keep readers updated.

Tags: American Embassy Laos, American Embassy Thailand, American government shutdown, American Visa Process Government Shutdown, CR-1 Visa Process Government Shutdown, Department of States, EB-5 Visa Process Government Shutdown, IR-1 Visa Process Government Shutdown, K-1 Visa Process Government Shutdown, L-1 Visa Process Government Shutdown, us embassy bangkok, US Embassy Laos, us embassy thailand, US Embassy Vientiane, US government shutdown, US Visa Laos, US Visa Process Government Shutdown, US Visa Thailand
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It recently came to this blogger’s attention that the Department of Homeland Security (DHS) has issued instructions to the United States Citizenship and Immigration Service (USCIS) to dispense with the hold on deportations of same sex spouses of United States Citizens and Lawful Permanent Residents which was announced approximately 2 days ago. To quote directly from an article posted on the Advocate.com entitled Official: No Hold On Gay Immigration Cases:

Wednesday morning USCIS press secretary Christopher S. Bentley told The Advocate that the agency had received legal guidance to lift the hold it had issued Monday. The guidance was issued in the form of written communications from the Office of the General Counsel at Department of Homeland Security (USCIS is a component of DHS).

Those interested in reading more about this information are highly encouraged to click on the hyperlinks immediately preceding the quotation to learn more.

Clearly, officials at the United States Citizenship and Immigration Service (USCIS) were attempting to provide some relief to those in the LGBT community in the USA with their same sex bi-national partners who are stuck in the currently limbo-like immigration system, as it pertains to same sex marriages. The question this blogger has is: why all of this bureaucratic runaround? There is a clear venue for resolving this issue: the United States Supreme Court, but it would seem as though the administration would like solve this issue through internal bureaucratic rule making and unilateral executive actions, but this is not the way law is made and this is not the legal way of effecting change in situations such as the one currently facing the LGBT community. Even a Supreme Court decision on this issue is unlikely to be straightforward as there are many aspects of the Full Faith and Credit Clause which come up in the context of interstate recognition of same sex marriage. However, the decision of the Supreme Court, in this blogger’s opinion, on the issue of FEDERAL recognition of same sex marriages legalized and solemnized in the sovereign States is likely to produce an outcome whereby an avenue would be created to allow same sex bi-national couples to receive immigration benefits of the same quality as those granted to different sex bi-national couples.

The announcement from USCIS on Monday about placing a “hold” on deportations of same sex partners of US Citizens and Permanent Residents came as a relief to many in the United States who may only be subject to deportation due to the onerous (and possibly UnConstitutional) provisions of the so-called “Defense of Marriage Act” (DOMA) since some same sex bi-national couples have legalized and solemnized a valid same sex marriage in one of the 6 States (along with the District of Columbia) that allows same sex marriage. The only thing precluding Federal recognition of same sex marriages performed within the jurisdiction of the sovereign States which recognize such unions is the questionably Constitutional so-called “Defense of Marriage Act” (DOMA) which was promulgated and enacted under the Presidency of William Jefferson Clinton.

In a recent memorandum from the Attorney General (Eric Holder) to the Speaker of the House of Representatives it was noted that the President’s administration has taken the position that same sex married couples ought to be granted the benefit of so-called “strict scrutiny” review from the Supreme Court and that the administration would discontinue in prosecuting DOMA cases against LGBT couples. This blogger has noted that such a position may not be beneficial to the overall cause of equal immigration rights as failure to get a “case or controversy” before the United States Supreme Court could lead to a situation in which this complex legal issue is not adjudicated by the Highest Court in the USA and therefore remains in the “limbo” in which this issue currently continues to languish. The Department of Homeland Security’s announcement further shows that until the provisions of DOMA, which preclude Federal recognition of same sex marriage, are overturned the position of the married LGBT community (at least in the eyes of the law and the immigration authorities) will remain precarious.

One point in the above cited article was of particular interest to this blogger. The following passage was quoted from the aforementioned article:

Bentley declined to release any of the written documents at this time, saying it was privileged communication. He emphasized that the official policy itself within DHS had never changed.

What PRIVILEGE!!!! So now the United States government, in the form of the Department of Homeland Security, invokes privilege (a legal principle generally reserved for individual natural persons when dealing with the US government) to keep their own policy memorandum regarding this issue secret? Why the secrecy? Why all of the pomp and circumstance about how important the administration’s memo was to the LGBT community when in reality it would appear to have done nothing substantive for the cause of LGBT equal rights and might have even placed the LGBT community in a less favorable position compared to their position prior to the administration’s memo to the Speaker of the House? So the Department of Homeland Security is claiming privilege when communicating with the United States Citizenship and Immigration Service (USCIS), an American agency under DHS jurisdiction. Does anyone find it strange that the United States government now claims that civilian inter-agency memos regarding official policy which pertains to Americans and their families are privileged? It was this blogger’s belief that the United States governmental authorities are servants of the people and therefore required to provide transparency in their policy making endeavors especially when such policy making can impact a wide spectrum of the United States Citizenry and their families.

Clearly, the struggle to secure equal immigration rights for the LGBT community has yet to be won, but for those interested in this issue it is clear that there may be a long campaign to see equal treatment of same sex bi-national couples under the law of the United States of America. This blogger and this blog will continue to monitor this important and interesting issue.

Another method to gain equal immigration rights for same sex bi-national couples is through passage of legislation such as the Uniting American Families Act (UAFA) which would grant same sex bi-national couples the benefit of applying for an immigrant visa for a “permanent partner” thereby circumventing the immigration restrictions imposed by DOMA. Federal legislators such as Representative Jerrold Nadler have introduced such legislation repeatedly in an effort to provide some kind of relief to those same sex bi-national couples who continue to be denied equal access to family immigration benefits. As of the time of this writing, Mr. Nadler has gone so far as to openly call for a repeal of DOMA and the promulgation of the Respect for Marriage Act a piece of legislation which would restore Federal recognition of State licensed marriage and restore, at least in part, the rights of same sex married couples who merely seek equal protection under the law.

For related information please see: same sex immigration.

Tags: Christopher S. Bentley, Defense of Marriage Act, Department of Homeland Security, DHS, DOMA, lgbt immigration, lgbt visa, Respect for Marriage Act, RFMA, Same Sex Immigration, Same Sex Marriage, same sex visa, The Advocate, uafa, United States Citizenship and Immigration Service, Uniting American Families Act, USCIS
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