Integrity Legal

It recently came to this blogger’s attention that the American Immigration Lawyers Association (AILA) has created a new website in an effort to combat the unlicensed practice of United States Immigration law. The following is a direct quotation from the new website:

Only a licensed lawyer or accredited representative is authorized and qualified to assist you with your immigration case or green card application. Unlike consultants, immigration lawyers have completed extensive education and training before being licensed to represent clients. You can check whether an immigration lawyer is in good standing and licensed by contacting your state bar or state Supreme Court. You can also check to see if the immigration lawyer has been suspended or expelled from practice before the immigration court, the Board of Immigration Appeals (BIA), or the immigration service (USCIS).

For those who are unaware of the current problem in the United States and abroad, there are those who prey upon unsuspecting individuals claiming to have expertise in American immigration matters. In the State of New York, Attorney General Cuomo, now Governor-Elect, has taken measures to counter this problem. Specifically, the Attorney General’s office has pursued companies which may have engaged in crimes involving immigrants and the unlicensed practice of law. To quote directly from a page on the New York Attorney General’s Office website:

The Attorney General began an investigation and issued subpoenas to these companies after receiving information that they were engaged in fraudulent and illegal business practices. The illegal conduct included, among other things, misrepresenting their authorization to submit documents on behalf of immigrants to the government and giving legal advice to immigrants. Further, some of these companies involved attorneys who aided others in the unauthorized practice of the law and simply lent their name to provide legitimacy to the business. Collectively, these companies abused hundreds of immigrants.

In a previous posting on this web log it was noted that a man in the United States was stripped of his US Citizenship and charged with marriage fraud after an investigation by the United States Customs Enforcement Service (USICE). Clearly, it is evident that authorities in the US States and the Federal government are more serious about enforcing US immigration laws. Hopefully, the creation of the new website noted above, in combination with efforts by law enforcement agencies, will result in leass fraud perpetrated upon the United States government, the American immigrant community, and the public at large.

For related information please see: US visa fraud.

Tags: American Citizenship, American Immigration Consultants, American Immigration Lawyers Association, Attorney General Cuomo, Fake Lawyers, ICE, United States Customs Enforcement Service, Unlicensed Practice of US Immigration Law, Unlincensed Practice of Law, UPL, US Citizenship, US Immigration Consultants, US Immigration Fraud, US Visa Fraud, USICE
Posted in Department of Homeland Security, News, US Citizenship, US Visa, US Visa and Immigration, USICE | No Comments »

Those who read this blog with any frequency may have taken note of the fact that the administration has recently been posting some information regarding legal and corporate issues arising in locations such as the Peoples’ Republic of China and also Taiwan. Recently, it came to the attention of this author through the periodical of Cenlaw that Mainland Chinese officials are taking measures to regulate investment by Mainland enterprises in Taiwan. To quote directly from the periodical of Cenlaw:

Chinese Authorities Regulate Investment In Taiwan By Mainland Enterprises

The Ministry of Commerce, the National Development and Reform Commission and the Taiwan Affairs Office have jointly issued the “Measures for the Administration of Investment in Taiwan by Mainland Enterprises’. Pursuant to the Measures, a mainland subject intending to invest in Taiwan shall meet the following conditions: 1. it should be a corporate legal person legally registered and operated in the mainland; and 2. it should have an industrial background, capital, technology and management capacity. In addition, to invest in projects in Taiwan, a mainland local enterprise shall file an application with the provincial development and reform commission where it is located. The application shall be reviewed first by the provincial development and reform commission and then be submitted to the National Development and Reform Commission for approval. For a mainland enterprise under the control of the central government, it may directly apply to the National Development and Reform Commission for approval for its investment in Taiwan. In order for a mainland business to set up a corporate or non-corporate entity in Taiwan for investment ,it must have received approval from the Ministry of Commerce.

It is interesting to note this policy as many in Asia are finding investment opportunities in multiple markets and jurisdictions. Meanwhile, government officials in different jurisdictions are adopting differing strategies when attempting to execute policy.

Mainland China and Taiwan have evolved differently when one looks at the history of these locations. That said, it would appear that market forces and economic factors are the most pivotal issues which will have an impact upon the future of these locations. Furthermore, it would appear that as multi-jurisdictional trade increases so too does the need for a regulatory framework to deal with business matters arising in the context of Mainland China and also Taiwan. Hopefully, through cooperation and thoughtful foresight economic relations between the Mainland and Taiwan will result in economic benefits for everyone concerned during the present and for future generations.

Tags: business in China, Business in Taiwan, China Taiwan Trade, China Trade, Company in China, Company in Taiwan, PRC-Taiwan Trade, Registered Company China, Registered Company Taiwan, Taiwan Trade
Posted in American Institute Taiwan, News, US Consulate ChengDu, US Consulate Guangzhou, US Consulate Hong Kong, US Consulate Macau, US Consulate Shanghai, US Consulate Shenyang, US Consulate Wuhan, US Embassy Beijing, US Embassy China | No Comments »

The administration of this blog would like to take this opportunity to wish His Majesty King Bhumibol Adulyadej of Thailand a very Happy 83rd Birthday.

Long Live The King!

Posted in News | No Comments »

This blogger recently came across an interesting periodical in which the recent World Exposition in China was discussed. For those who are unaware, Shanghai, China recently played host to a World Exposition which is similar to the Worlds’ Fairs which were once a mainstay of the international social order. To quote directly from the periodical of Cenlaw:

Premier Wen Jiabao praised the fair Sunday as a “splendid event” that “truly brought together people around the globe.”

World Expositions are galleries of human inspirations and thoughts. Since 1851 when the Great Exhibition of Industries of All Nations was held in London, the World Expositions have attained increasing prominence as grand events for economic, scientific, technological and cultural exchanges, serving as an important platform for displaying historical experience, exchanging innovative ideas, demonstrating esprit de corps and looking to the future.

These expositions have often been the stage upon which the host nations display their achievements to the rest of the world. In the case of China, few are unaware of the achievements which the Chinese economy has boasted in recent years as the most populous nation on Earth (once something of an economic backwater) has risen, due in no small part to effective economic policy, to become the second largest economy in the world. To continue to cite Cenlaw further:

Expo 2010 Shanghai China focused on innovation and interaction. Innovation is the soul, while cultural interaction is an important mission of the World Expositions. In the new era, Expo 2010 Shanghai China contributed to human-centered development, scientific and technological innovation, cultural diversity and win-win cooperation for a better future, thus composing a melody with the key notes of highlighting innovation and interaction in the new century.

This author finds it interesting to note that the Chinese seem determined to create economic “win-win” situations through cooperation and innovative strategy. Hopefully, these efforts will result in fruitful economic and diplomatic relationships for China, the United States, Thailand, and the many nations in Asia which could stand to benefit from increased trade and business opportunities.

On a related note, in a previous posting on this blog, this writer noted that the US Embassy in China has taken steps to see to it that non-immigrant visa applications from China are processed in as timely a manner as possible. In an effort to deal with the large demand for visas such as the US tourist visa, the American Mission in China has gone so far as to schedule interviews on weekends. Hopefully, the upshot of all of this extra effort will be an increase in the number of tourists traveling to the United States of America.

In recent weeks, there has been a great deal of discussion regarding tensions arising from currency imbalances between the United States of America and the Peoples’ Republic of China. At many points in history there have been situations where global tension came about due to the emergence of a new economic player. China’s situation seems no different from earlier examples of this same phenomenon occurring throughout history (most notably: the example of the United States after the end of the Second World War). Although there may be a period of adjustment, hopefully the rise of the Chinese economy and the trade opportunities and efficiencies arising therefrom will fuel a new resurgence in the global economy. In short, this writer truly hopes that a “rising tide raises all ships” in China, the USA, and throughout world.

For related information please see: American Visa China.

Tags: American Visa China, Asian Business, business in China, Cenlaw, Shanghai exposition, US Mission China, US Mission Peoples' Republic of China, US Mission PRC, US Tourist Visa, Wen Jiabao, World Exposition in China, World Exposition Shanghai
Posted in News, US Consulate ChengDu, US Consulate Guangzhou, US Consulate Hong Kong, US Consulate Macau, US Consulate Shanghai, US Consulate Shenyang, US Consulate Wuhan, US Embassy Beijing, US Embassy China | No Comments »

It recently came to this author’s attention that the Department of Homeland Security’s United States Citizenship and Immigration Service (USCIS) has promulgated a new Naturalization Certificate. The new document has enhanced security features and is updated in order to comport with current law. To quote directly from a recent press release distributed by the American Immigration Lawyers Association (AILA):

U.S. Citizenship and Immigration Services (USCIS) today announced it has begun issuing a redesigned, more secure Certificate of Naturalization (Form N-550) as part of its ongoing efforts to enhance the integrity of the immigration system. The agency anticipates that over 600,000 new citizens will receive the enhanced certificate over the next year.

It really can seem rather astounding that the United States grants citizenship to so many people each year as there are many countries throughout the world that do not take in immigrants at nearly the rate of the United States. Furthermore, of the countries that admit immigrants it would seem that the United States is more eager to grant citizenship to those who have obeyed the immigration laws and sought naturalization through the proper channels.

The aforementioned press release went on to note some frequently asked questions posed by those interested in the U.S. Naturalization process:

Q1. What is a Certificate of Naturalization (Form N-550)?
A1. The Certificate of Naturalization serves as evidence of your citizenship. You receive it after taking the Oath of Allegiance to the United States. Citizenship qualifies you to vote and travel with a U.S. passport, among other rights. In many instances, a Certificate of Naturalization is accepted as a valid form of identification.

Q2. Why did USCIS redesign the naturalization certificate?
A2. The previous Certificates of Naturalization featured hard-copy photos of the candidates. The redesigned certificate features the naturalization candidate’s digitized photo and signature embedded into the base document. Eliminating the requirement to affix the hard-copy photo and hand-stamp the USCIS director’s signature cuts cost in man-hours and improves security.

Q3. What’s different about the new certificates?
A3. The naturalization candidate’s digitized photo and signature are embedded in the security-enhanced certificate. Its background features a color-shifting ink pattern that is difficult to recreate. Additionally, USCIS will use a more secure printing process, making it more tamper-proof.

Q4. When will USCIS issue the security-enhanced naturalization certificates?
A4. USCIS will begin using redesigned certificates at all offices beginning today. USCIS offices in Atlanta, Denver and Baltimore will begin to utilize the automated production process this week, including digitizing photos and signatures on all certificates. USCIS will deploy the automated production system agency-wide by the end of the calendar year.

Q5. Following the agency-wide transition to the new document, will all new citizens receive redesigned naturalization certificates with digitized photos?
A5. While all new citizens will receive the redesigned, security-enhanced certificate, certain, limited categories of naturalization candidates, including overseas military and homebound candidates, will receive documents with hard-copy photos affixed to their certificates.

Q6. I’ve already obtained a Certificate of Naturalization. Will I have to apply for the redesigned security-enhanced version?
A6. No. All previously issued Certificates of Naturalization will remain valid.

Q7. How does the issuance of the redesigned naturalization certificate impact applicants?
A7. The issuance of the redesigned Certificate of Naturalization will not impact Application for Naturalization (N-400) processing times. USCIS Application Support Centers (ASCs) will still require applicants to submit their fingerprints and two hard-copy photos. The ASCs will also capture a digital photograph and digital signature for each N-400 applicant.

Q8. If ASCs will capture digital photos of N-400 applicants, why must applicants still provide hard-copy photos?
A8. The hard-copy photos will be required as a back-up in case of unforeseen issues, allowing them to continue their naturalization process without delay.

Q9. Will USCIS update any of its other certificates?
A9. Yes. USCIS intends to digitize its other citizenship-related certificates, but no completion dates have been set.

Q10. Will the wording of the naturalization certificate change?
A10. Yes. USCIS has revised the wording to better reflect the current provisions of the Immigration and Nationality Act. In particular, obsolete language stating that the candidate resides in the United States and “intends to reside in the United States when so required by the Naturalization laws of the United States” has been removed. These changes affect the form of the certificate only and do not alter any legal requirements for naturalization or USCIS application processing.

This author found it interesting to note that the FAQ’s quoted above mentioned that other citizenship documentation may be updated soon. It remains to be seen whether or not the Certificate of Citizenship, which signifies US Citizenship, but for those who are Citizens not by naturalization, but through either some extraneous set of circumstances of by operation of law; will be enhanced to safeguard against fraud. Certificates of Citizenship are likely to be more common in the future particularly since the promulgation of the Child Citizenship Act, but it remains to be seen how the Certificate of Citizenship might be upgraded.

Naturalization to United States Citizenship is a serious undertaking and those interested in becoming United States Citizens should research the process thoroughly in an effort to understand the requirements and ramifications of United States Citizenship. Hopefully, this new Naturalization Certificate will result in increased security in the form of more tamper resistant documentation.

Fore related information please see: USCIS processing time, Child Citizenship Act, or Legal.

Tags: AILA, American Citizenship, American Immigration, American Immigration Lawyers Association, Child Citizenship Act, Child Citizenship Act 2000, Citizenship, Department of Homeland Security, DHS, Naturalization, Naturalization Certificate, United States Citizenship, United States Citizenship and Immigration Service, US Citizenship, US Citizenship by operation of law, US Naturalization Process, USCIS
Posted in Department of Homeland Security, News, US Citizenship, USCIS | No Comments »

The issue of Comprehensive Immigration Reform (CIR) is frequently discussed on this blog as it could be one of the most significant issues of the forthcoming legislative sessions as so many individuals could be impacted by changes to the laws upon which the American Immigration system is based. With that in mind, this author discovered an interesting question and answer session between members of the American press and President Barack Obama. The following is a direct quotation from the transcript of this Q & A session as posted upon the American Immigration Lawyers Association website. To quote the transcript and the President directly:

I have consistently, even before I was a presidential candidate, but when I was a U.S. senator and when I was running for U.S. senator, said that we have to move forward on comprehensive immigration reform.

Bill Richardson and I have had a lot of conversations about this. This is a nation of immigrants. It was built on immigrants — immigrants from every corner of the globe who brought their talent and their drive and their energy to these shores because this was the land of opportunity. Now, we’re also a nation of laws so we’ve got to make sure that our immigration system is orderly and fair. And so I think Americans have a legitimate concern if the way we’ve set up our immigration system and the way we are securing our borders is such where people just kind of come and go as they please, well, that means that folks who are waiting, whether it’s in Mexico City or in Nairobi, Kenya, or in Warsaw, Poland — if they’re waiting there filling out their forms and doing everything legally and properly and it takes them five years or six years or 10 years before they’re finally here and made legal, well, it’s not fair to them if folks can just come and ignore those laws.

So what we — I think is so important to do is for us to both be a nation of laws and affirm our immigrant traditions. And I think we can do that. So what I’ve said is, look, yes, let’s secure our borders; yes, let’s make sure that the legal immigration system is more fair and efficient than it is right now because if the waiting times were lessened then a lot of people would be more prone to go through a legal route than through an illegal route; let’s make sure that we’re cracking down on employers who are taking advantage of undocumented workers to not pay them overtime or not pay them minimum wage or not give them bathroom breaks; let’s make sure that we’re cracking down on employers to treat all workers fairly. And let’s provide a pathway to citizenship for those who are already here, understanding that they broke the law, so they’re going to have to pay a fine and pay back taxes and I think learn English, make sure that they don’t have a criminal record. There are some hoops that they’re going to have to jump through, but giving them a pathway is the right thing to do.

Now, unfortunately, right now this is getting demagogued. A lot of folks think it’s an easy way to score political points is by trying to act as if there’s a “them” and an “us,” instead of just an “us.” And I’m always suspicious of politics that is dividing people instead of bringing them together. I think now is the time for us to come together. And I think that economically, immigrants can actually be a huge source of strength to the country. It’s one of our big advantages is we’ve got a younger population than Europe, for example, or Japan, because we welcome immigrants and they generally don’t. And that means that our economy is more vital and we’ve got more people in the workforce who are going to be out there working and starting businesses and supporting us when we’re retired, and making sure Social Security is solvent. All those things are important.

So this is a priority that I continue to have. Frankly, the problem I’ve had right now is that — and I don’t want to get into sort of inside baseball by Washington. But basically the rules in the United States Senate have evolved so that if you don’t have 60 votes, you can’t get anything through the United States Senate right now. And several years ago, we had 11 Republican senators who were willing to vote for comprehensive immigration reform, including John McCain. They’ve all reversed themselves. I can’t get any of them to cooperate. And I don’t have 60 Democrats in the Senate.

And so we’re going to have to do this on a bipartisan basis. And my hope is, is that the Republicans who have said no and have seen their party I think use some unfortunate rhetoric around this issue, my hope is, is that they come back and say, you know, this is something that we can work on together to solve a problem instead of trying to score political points. Okay?

One major concern voiced by those making visa petitions and applications outside of the United States is that of the seeming inequities posed by the possibility of some sort of an amnesty for undocumented aliens currently in the United States. Many prospective immigrants feel that it is somewhat unjust to allow those who broke immigration rules at the outset to be granted a benefit while those waiting for their visa petition or application to process through various agencies and Departments are not accorded any special treatment while they assiduously obey relevant American Immigration laws. When one ponders this situation it would seem rather obvious that the current system is in need of reform, but as the President’s remarks imply, the problem is multi-faceted and cannot be solved quickly or easily as so many individuals and organizations have considerable interests which could be effected by a change to current US Immigration laws, regulations, and policies. Hopefully, some sort of framework can be devised which will deal with the plight of undocumented aliens while maintaining some sort of equitable position for those who chose not to travel to the USA without proper documentation.

Meanwhile, there are many who hope that any Comprehensive Immigration Reform legislation will address the issues associated with same-sex bi-national couples who wish to enjoy immigration benefits equal to those of their different-sex counterparts. In the past, legislation such as the Uniting American Families Act (UAFA) was introduced in an effort to remedy the current restrictions imposed by provisions of the Defense of Marriage Act (DOMA), but such legislation has yet to be passed by the American Congress. It was recently announced that a bill proposed in the US Senate would address CIR issues and includes language designed to redress the discrimination imposed upon LGBT couples by DOMA. Although it remains to be seen how this issue will be resolved many are hopeful that Comprehensive Immigration Reform will redress many of the inequities arising from the current state of US law pertaining to immigration.

For related information please see: Comprehensive Immigration Reform or Same Sex Bi-National Visa.

Tags: CIR, CIR news, Comprehensive Immigration Reform, Defense of Marriage Act, DOMA, LGBT Immigration News, LGBT Immigration rights, LGBT Visas, Same Sex Bi-National Couple, Same Sex Bi-National Couples, Same Sex Bi-National Visa, Same Sex Marriage, same sex visa, uafa, UAFA News, Uniting American Families Act, US Immigration, US Immigration News, US Visa
Posted in Comprehensive Immigration Reform, lgbt immigration, News, same sex visa, US Visa, US Visa and Immigration | No Comments »

As the previous post on this blog pointed out the issue of LGBT Immigration and the cause of same sex bi-national couples seeking equal rights in the realm of American immigration law has been an issue for some time. It has recently been noted on the lezgetreal.com website that Senator Robert Menendez has introduced a new proposal for Comprehensive Immigration Reform, to quote Melanie Nathan of the aforementioned website directly:

Kathy Drasky from OUT4Immigration, the group responsible for most of the grass root outreach and letter writing campaign announced on the www.Out4Immigration.org blog today that Senator Robert Menendez (D-NJ) has introduced comprehensive immigration reform (CIR) legislation that is truly comprehensive – it includes provision for same-sex binational couples.

“This monumental achievement comes after months of phone calls, letters and visits to Congressional representatives and their staffers by Out4Immigration, Immigration Equality and many, many other individuals and groups dedicated to ending immigration discrimination against LGBT Americans with foreign partners or, as we are collectively known, same-sex binational couples.

It remains unclear whether this legislation will ultimately be adopted by the United States Congress and become US law, but introduction of this legislation in combination with two pending cases in the United States Federal Courts drastically increases the odds of seeing at least some form of change in the restrictions imposed upon same sex bi-national couples under the language of the Defense of Marriage Act (DOMA).

That said, there are some who feel that passage of a Comprehensive Immigration Reform bill may not necessarily mean that this current bill’s UAFA-like language will be included in the final draft. As legislation does not become law until final adoption by both the United States Congress and Senate with Presidential approval. Should the President opt to veto the legislation, then there may be no change to the current immigration restrictions placed upon same sex couples (even those legally married in a US jurisdiction) seeking American visa benefits. Furthermore, should the language of this bill change prior to final adoption, then there may be no change to the current circumstances in which many same sex bi-national couples find themselves in. Therefore, until this legislation is fully adopted, it remains likely that supporters of this legislation, as well as opponents, will remain active in promoting their respective causes.

For related information please see: Same Sex marriage visa.

Tags: Comprehensive Immigration Reform, Federal Legislation, lgbt immigration, LGBT Immigration News, LGBT Immigration rights, Same Sex Bi-National Couple, Same Sex Bi-National Couples, same sex binational couple, same sex binational couples, US Immigration News
Posted in Comprehensive Immigration Reform, CR1 Visa, IR1 Visa, K-3 Visa Thailand, K1 Visa, K2 Visa, K3 Visa, lgbt immigration, News, same sex visa, Upcoming Legislation, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »

Those who follow this blog frequently may take note of the fact that the administration carefully follows the issues associated with LGBT Immigration rights in the United States of America. In a recent posting by Melanie Nathan on the website LezGetReal.com it was noted that LGBT immigration legislation may be introduced in the US Congress quite soon:

Sen. Robert Menendez of New Jersey is expected to introduce comprehensive immigration legislation before the Senate adjourns this week for the midterm recess, according to Politico, and a source tells The Advocate that the legislation will be LGBT-inclusive.

In the past, there have been other attempts by Federal legislators to rectify the current legal restrictions placed on LGBT bi-national couples when it comes to the issue of obtaining US Immigration benefits. To continue to quote directly from LezGetReal.com:

There are an estimated 36,000 (minimum the number since the determination in the year 2000 – also not taking account of social media and current increase in internet meeting) Gays and Lesbians who are either American citizens or residents (all referred to as Americans for the purpose of this article,) who are in love and relationship with a foreigner. Gay and lesbians are denied equality under the Federal Immigration laws of this Country, to sponsor same-sex partners or  State recognized spouses for immigration (greencards) to the USA.

LGBT couples (and the appellation LGBT includes Bi-sexual and Transgender couples and individuals as well as Lesbian or Gay couples and individuals) are currently barred from receiving the same family based immigration benefits as different-sex couples. This restriction is imposed pursuant to the Defense of Marriage Act (DOMA). DOMA prevents same sex couples (even those lawfully married under state law) from receiving recognition of their marriage in the eyes of the Federal government (and the benefits which may arise therefrom, including immigration benefits such as the K3 visa, CR1 visa, or IR1 visa or in cases where a couple intends to enter into a marriage in the USA: a K1 visa). There are those who argue that application of DOMA violates the doctrine of States’ Rights. At the same time, others point to the violation of the civil rights of the American Citizen (or Lawful Permanent Resident) petitioners whose Constitutional rights may be being violated through continued enforcement of DOMA. That said, the issue remains a highly charged political matter, to quote further from the aforementioned website:

So here we are – a Congress that may well go into lame duck, a Congress that failed to repeal DADT, that showed no compassion for the children of the immigrant DREAM ACT – and a UAFA barely in the conscience of leadership, unknown to mainstream America and also barely in the minds of our lesbian and gay sisters and brothers. The question is are we going to be in the Menendez Bill as a pawn, a promise or yet another wedge that will render Immigration Reform impossible in this political climate.

Remember it IS the American who lacks the Equality – and is being discriminated against.  ALL Americans in committed relationships, except gays and lesbians,  have the right to remain in the USA with the person whom they love.

It is not the immigrant per se, who has the right, as immigration is a privilege afforded a foreigner; it is the American who has the right and it is indeed a Civil Right and a Human Rights issue.

The UAFA noted above is an acronym for the Uniting American Families Act, a bill that has, in different forms, been floating around the US Congress for some time. One of the major proponents of this legislation is Representative Jerrold Nadler who has repeatedly supported and introduced legislation which would give equal immigration rights to LGBT couples. It is interesting that the above cited piece brings up the issue of the American Citizen’s rights with regard to US Immigration matters. Although foreign nationals do not necessarily have the same rights under the US Constitution as Citizens there is no doubt that Americans are protected by the provisions of the Constitution. It is this authors opinion that this situation may very well be ultimately decided by the US Courts rather than the US legislature as there are currently two cases pending in two different circuits which could result in the full or partial repeal of DOMA. With regard to immigration, DOMA compels the US Federal government to restrict US family immigration benefits to different-sex couples. Notwithstanding that jurisdictions such as Massachusetts allow same sex marriage. Therefore, the Federal government may be in violation of the “Full Faith and Credit” Clause of the US Constitution by failing to provide equal immigration benefits to same sex couples married in a jurisdiction in the US where such unions are lawful.

Whether the issue of LGBT immigration rights will ultimately be resolved in the US Courts or the US Congress remains to be seen, but one thing is for sure: the issue has many implications from both a legal and political perspective.

For related information please see: Same Sex Visa.

Tags: American Immigration law, American Immigration News, American Visa, Bisexual Immigration Rights, Defense of Marriage Act, DOMA, Gay Immigration Rights, Lesbian Immigration Rights, lgbt immigration, lgbt visa, permanent partner visa, Same Sex Marriage, same sex visa, Sen. Robert Menendez, Transgender Immigration Rights, uafa, Uniting American Families Act, US Bisexual Visa, US Domestic Partner Visa, US Gay Visa, US Immigration, US Immigration Law, US Immigration News, US Lesbian Visa, US Transgender Visa, US Visa
Posted in CR1 Visa, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, lgbt immigration, News, same sex visa, US Visa, US Visa and Immigration | No Comments »

This author is a frequent reader of the Economist magazine. The legal service industry was the main topic of an article printed in a recent issue. This article succinctly and truthfully got to the heart of a significant issue in the international legal community, that of Legal Process Outsourcing. The whole dynamic in the legal service community is changing as a result of the internet, world wide web, and the ramifications thereof. These ramifications are being felt in other industries as well, but they seem to be having the most interesting impact upon the legal service industry because the industry, or more precisely; profession if used in a more individualized sense, has not had to retool its customary payment structure or hierarchy for a relatively long period of time. To better understand the significance of this development one needs to read some passages from the online article itself:

Lawyers hate keeping track of their billable hours. Clients hate them even more; each month they receive bills showing that their legal representatives have worked improbably long hours at incredibly high rates. Billing by the hour often fails to align lawyers’ interests with their clients’. The chap in the wig or the white shoes has an incentive to spin things out for as long as possible. His client would rather win quickly and go home. Since there is clearly a demand for an alternative to the billable hour, you would expect someone to supply it. And indeed, this is starting to happen.

Many legal tasks, although not quite easy, are variations on a theme. The production of a certain document (such as a trademark registration) does not differ vastly from one instance to another… Automating the automatable stuff allows lawyers to spend more time talking to the client.

One of the most important aspects of an attorney’s (or lawyer’s) job is direct contact with clients, Courts, or government agencies. The more time that an attorney can devote to direct interactions which result in direct, immediate or long term, benefits to clients, the better. The more services that a lawyer can provide, the better. The more satisfied clients, the better. In short, if a strategy, service, system, or technology works, and it is legal and ethical; then an attorney or lawyer should take all reasonable measures to provide the best service required based upon the totality of the circumstances in a given case. As the technological advances in developed countries and developing countries continue creating new avenues for efficiency in the legal profession, the overall situation is having a collateral impact upon the very practice of law in many parts of the world:

More and more firms’ in-house lawyers, who typically hire and manage outside lawyers, have turned to alternatives to the billable hour since the beginning of the global recession in 2008. According to a survey by the Association of Corporate Counsel (ACC), which represents companies’ in-house lawyers, 44% of members asked their lawyers for alternative billing to cut costs in 2009, more than any other cost-reducing measure. Susan Hackett, the ACC’s general counsel, says that just a few years ago what she calls “value-based” billing was only 3% of her members’ legal spending. Now, she says, surveys show the average client laying out between 15% and 30% of their legal spending this way.

The idea of so-called “value based” billing is an interesting one as this trend becomes increasingly prevalent. Many companies, individuals, and corporations have begun making increasingly informed decisions regarding the retention of legal counsel as many areas of the legal profession are becoming increasingly specialized in tandem with the demands of prospective clients. This sometimes requires attorneys and/or lawyers to practice law in a very narrow context. This can be problematic if over-specialization occurs and the lawyer finds their expertise is decreasingly in demand. Fortunately, a naturally occurring economic phenomenon in combination with recent advances in technology will hopefully see to it that lawyers and attorneys maintain diverse and highly unique areas of expertise across a field of areas while being able to provide advice and counsel for an increasingly large and novel set of practice areas. The aforementioned naturally occurring economic phenomenon is: The Long Tail. For those unfamiliar with this as an economic concept, it may be best to provide a quote from Wikipedia on the subject:

The Long Tail or long tail refers to the statistical property that a larger share of population rests within the tail of a probability distribution than observed under a ‘normal’ or Gaussian distribution. The term has gained popularity in recent times as a retailing concept describing the niche strategy of selling a large number of unique items in relatively small quantities…

The Long Tail’s statistical property noted above can also apply in a service context and this author would dare say that the ramifications in terms of demand for increasingly novel services in increasingly novel fields is astounding as more consumers (or prospective clients) demand services which did not even exist in the very recent past. This property can be extremely beneficial to those in the legal profession as demand for legal services will be further reinforced by the differing aspects of the laws and statutes in various jurisdictions. These statutory and structural legal differences can be explored for further efficiency in an international trade and business context. As the long tail continues to further stratify consumer demand, client needs will continue to evolve, thereby leading to new avenues for further expansion for legal service providers. By sorting out the issue of legal fee payment in an efficient manner law firms in the future can reap the rewards of new opportunities in the interstate, supranational, regional, and international business communities. Then, lawyers and/or attorneys can focus on providing cutting edge legal service while the client can enjoy more reasonable fee structures which accurately reflect the costs of an attorney’s, time, advice, and expertise. A final note from the Economist article may put it most succinctly:

Both sides can then focus on the case at hand, rather than the bill.

This is important to note as most attorneys or other legal professionals prefer practicing law or providing services to discussing fees. Although all can understand that fees are required before services can be rendered, many legal professionals feel that fee negotiation with clients is not an effective use of time compared to time spent actually providing services to clients. Therefore, the increasingly innovative legal services that are being required as the long tail reshapes the business world will provide innumerable benefits to legal service firms world wide while providing clients’ with peace of mind in knowing that bills will not become unreasonable nor will the level of service suffer due to lack of specific expertise in a given area.

For related information please see: ecommerce law.

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Posted in Ecommerce, General Legal Information, Legal Opinion, Legal Process Outsourcing, News, Thailand Business, US Business | 1 Comment »

In previous posts on this blog, this author has discussed so-called visa companies and other organizations that claim to be licensed to provide legal services to immigrants and prospective immigrants. In a previous post, the New York Attorney General’s campaign to combat fraudulent immigration practitioners was discussed at length. It would appear that Attorney General Andrew Cuomo is still intent upon seeing that this type of activity is thwarted. To quote directly from a press release distributed by the American Immigration Lawyers Association (AILA):

NEW YORK, NY (August 17, 2010) – Attorney General Andrew M. Cuomo today announced the latest actions in his ongoing effort to combat scams that target New York’s immigrant communities. As part of his broad investigation into immigration fraud, Cuomo has shut down seven companies and sued two other organizations for providing fraudulent legal services to immigrants.

The following seven companies and their owners have been permanently barred from operating any immigration services businesses and must collectively pay $370,000 in damages to the State of New York: (1) Centro Santa Ana, Inc. and Ana Lucia Baquero, in Queens; (2) Margo’s Immigration Services and Margarita Davidov a/k/a Margo Davidov, in Queens; (3) Miguel Fittipaldi, J.D., Ltd. and Miguel Fittipaldi, in Manhattan; (4) Arthur C. Hurwitz, in Manhattan; (5) Oficina Legal Para
Hispanos, P.C. and Geoffrey S. Stewart, in Manhattan; (6) Asilos and Camilo Perdomo, in Queens; and (7) Mision Hispana, Inc. and Mayra Liz, in Queens.

The Attorney General began an investigation and issued subpoenas to these companies after receiving information that they were engaged in fraudulent and illegal business practices. The illegal conduct included, among other things, misrepresenting their authorization to submit documents on behalf of immigrants to the government and giving legal advice to immigrants. Further, some of these companies involved attorneys who aided others in the unauthorized practice of the law and simply lent their name to provide legitimacy to the business. Collectively, these companies abused hundreds of immigrants.

This author is pleased to see Attorney General Cuomo taking such a keen interest in an often overlooked problem plaguing the United States at large as well as immigrant communities in the USA. These immigrant groups are often targeted by unlicensed “visa agents” or “Immigration specialists” who prey upon uninformed consumers.

This can be a real problem outside of the United States as well. In Asia, there are many unlicensed practitioners who claim to be authorized to practice US law. When dealing with someone who claims to be US lawyer abroad it is always wise to ask for credentials in order to ascertain whether or not an individual really is qualified to provide legal advice on American immigration matters. An American attorney’s credentials can be proven by producing either a State of Federal license to practice law or a Bar Association membership card for a State or Federal Bar Association. Even after production of such documents consumers are well advised to check with the attorney’s licensing body in order to verify that the individual in question is a licensed practitioner.

For related information please see: US Attorney Bangkok

Tags: Andrew Cuomo, Fake Lawyers, fraudulent immigration consultants, Immigration Consultants, Immigration Specialists, Unauthorized practice of law, unlicensed practice of law, US Immigration, US Visa, US Visa Asia, visa agents, visa consultants
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