Integrity Legal

It recently came to this blogger’s attention that the US Embassy in Bangkok, Thailand is poised to begin exclusively offering routine services at the American Citizen Services section of the Post by appointment only. In order to provide further insight into these developments it is necessary to quote directly from the official website of the United States Embassy in Bangkok, Thailand:

Beginning September 1, 2011, all non-emergency consular services will require an appointment. We hope that this will assist us in providing prompt and efficient consular services to American Citizens residing in Thailand.  Please plan accordingly.

For those who are unfamiliar with matters pertaining to United States Missions abroad it should be noted that an American Citizen Services section of a US Embassy, US Consulate, or American Institute provides many services for Americans resident abroad. Such services include, but are not limited to, US Passport issuance, Consular Report of Birth Abroad issuance, Notary Services, and issuance of additional pages to a previously issued US Passport. It has always been this blogger’s personal experience that the ACS unit of the US Embassy in Bangkok handles matters in an efficient and courteous manner. That stated, the unit always seems hectically busy and it would appear that the new policy is aimed at streamlining the processing of pertinent requests.

Those seeking information regarding visas and immigration to the United States should look for information regarding Immigrant Visa Units and/or Non-Immigrant Visa Units at US Posts abroad as those sections are generally tasked with adjudicating applications for visas such as the B-2 visa, the K-1 visa, the CR-1 visa, and the IR-1 visa.

Tags: ACS, ACS appointment, American Citizen Services, American Citizen Services appointment, American Embassy Bangkok, American Embassy Thailand, American Institute, Americans Resident Abroad, B-2 Visa, consular report of birth abroad, consular services, CR-1 Visa, Immigrant Visa Unit, IR-1 Visa, K-1 Visa, non-emergency consular services, Non-Immigrant Visa Unit, US Consulate, US Embassy, US Embassy in Bangkok, us embassy thailand, us passport
Posted in us embassy bangkok, US Embassy Thailand | No Comments »

It recently came to this blogger’s attention that personnel of the United States Justice Department have filed a case challenging the provisions of a recent State immigration law enacted by the sovereign State of Alabama. In order to provide further information this blogger is compelled to quote directly from the website AL.com:

BIRMINGHAM, Alabama — The U.S. Justice Department today filed a lawsuit challenging Alabama’s new immigration law, which is slated to go into effect next month. In its lawsuit, the Justice Department says Alabama’s law unconstitutionally interferes with the federal government’s authority over immigration. “To put it in terms we relate to here in Alabama, you can only have one quarterback in a football game. In immigration, the federal government is the quarterback,” said Joyce White Vance, the U.S. Attorney for the Northern District of Alabama. Justice Department lawyers write in the lawsuit that the department is filing the action “to declare invalid and preliminarily and permanently enjoin the enforcement of various provisions” of the state law, according to the lawsuit filed in U.S. District Court in Birmingham this afternoon. Provisions within the state’s immigration law “are preempted by federal law and therefore violate the Supremacy Clause of the United States Constitution…”

The administration of this web log asks readers to click upon those relevant hyperlinks noted above in order to read this insightful article in detail.

Frequent readers of this blog may have noted that this blogger has rather strong feelings regarding inherent States’ Rights and the inherent prerogatives which are reserved to State sovereigns notwithstanding the enumerated powers of the federal government pursuant to the United States Constitution. That stated, American immigration is one of the relatively few fields in which Congress has virtually monopolistic power regarding the imposition of laws, rules, and regulations. This is due to the fact that immigration falls into the jurisdiction of Congressional and executive plenary power. Therefore, it is little wonder that this recent case was filed since the Alabama law would seem to be operating in violation of that aforementioned plenary power. How this case will ultimately be resolved remains to be seen, but clearly issues pertaining to US immigration can be dramatic in a political context.

Of further interest to those who find the information above to be noteworthy, it recently came to this blogger’s attention that the American Congress seems to be attempting to create some sort of extra-Constitutional body for legislative purposes. To provide further elucidation regarding these developments it is necessary to quote directly from the official website of the Huffington Post, HuffingtonPost.com

This “Super Congress,” composed of members of both chambers and both parties, isn’t mentioned anywhere in the Constitution, but would be granted extraordinary new powers. Under a plan put forth by Senate Minority Leader Mitch McConnell (R-Ky.) and his counterpart Majority Leader Harry Reid (D-Nev.), legislation to lift the debt ceiling would be accompanied by the creation of a 12-member panel made up of 12 lawmakers — six from each chamber and six from each party. Legislation approved by the Super Congress — which some on Capitol Hill are calling the “super committee” — would then be fast-tracked through both chambers, where it couldn’t be amended by simple, regular lawmakers, who’d have the ability only to cast an up or down vote. With the weight of both leaderships behind it, a product originated by the Super Congress would have a strong chance of moving through the little Congress and quickly becoming law. A Super Congress would be less accountable than the system that exists today, and would find it easier to strip the public of popular benefits. Negotiators are currently considering cutting the mortgage deduction and tax credits for retirement savings, for instance, extremely popular policies that would be difficult to slice up using the traditional legislative process…

This blogger asks that readers click on the appropriate hyperlinks above to read this article in detail.

This blogger would argue that this proposed so-called “Super Congress” is a prima facie violation of the United States Constitution since there is no explicit reference to such an institution within the text of the Constitution itself and because Congress cannot delegate their lawmaking function to this institution per the doctrine of nondelegation. As noted in the quotation above, under the proposed scheme “rank and file” Representatives and Senators would not be able to make amendments or changes to proposed legislation emanating from this questionably Constitutional body, but would be required to vote “yes” or “no” only. This blogger would not have a Constitutionality issue with the proposed scheme if it were proposed as an Amendment to the Constitution and not as a statute since, again, the Nondelegation precludes such a transfer of power and therefore any law passed pursuant to this scheme may not be in compliance with notions of due process of law in American jurisprudence since there is a specific Constitutional framework for enacting legislation which does not include a “Super Congress”. For those who wish to understand this issue through the prism of analogy there are certain parallels between the argument that this scheme violates the Nondelegation doctrine and the argument that the so-called federal “line item veto” violated the Presentment Clause of the American Constitution. The future circumstances of this scheme have yet to unfold, but clearly there are many legal aspects of this plan which could face challenge down the road.

– Benjamin Walter Hart

For information pertaining to legal services in Southeast Asia please see: Legal.

Tags: 12-member panel, Amendment to the Constitution, American Immigration, Capitol Hill, debt ceiling, doctrine of nondelegation, due process of law, enumerated powers, fast-tracked, line item veto, little Congress, Majority Leader Harry Reid, mortgage deduction, Nondelegation, Nondelegation doctrine, Plenary Power, Presentment Clause, Senate Minority Leader Mitch McConnell, State of Alabama, States' Rights, super committee, Super Congress, Supremacy Clause, tax credits, traditional legislative process, U.S. Attorney for the Northern District of Alabama, U.S. Justice Department, United States Constitution, United States Justice Department, up or down vote, US Immigration
Posted in States' Rights, US Constitution, US Visa and Immigration | No Comments »

It recently came to this blogger’s attention that information posted in the previous posting on this blog may not have been entirely accurate as it would appear that the Kingdom of Thailand is not slated to be added to any kind of “terrorism risk list”. To provide more insight into these developments it may be best to quote directly from an announcement posted on the official website of The Nation, NationMultimedia.com:

Re: “Naming of Thailand on new US terror risk list worrying” Editorial, July 10

We’d like to take the opportunity to correct some confusing statements that have been reported in the media recently. Thailand has not been placed on a new “terror risk list” of any kind. In fact, as President Obama highlighted in his June 2011 National Strategy for Counterterrorism, the US considers Thailand a key ally in fighting global terrorism.

In addition, we would like to emphasise that there has been no change in the processing of visas or security checks for Thai citizens travelling to the United States. As has been the case for many years, the overwhelming majority of Thai who apply for US visas receive them, and we’re proud of the robust exchange of travellers between the US and Thailand for tourism, business, education and many other fields. For more information on travelling to the United States, we encourage everyone to visit our web page at http://bangkok.usembassy.gov/.

Walter Braunohler

Spokesman,

Embassy of the United States of America, Bangkok

The administration of this blog apologizes for any inconvenience or consternation that the previous posting may have caused as this blogger was under the impression that the previously cited quotation contained accurate information.

– Benjamin Walter Hart

Tags: American Embassy Bangkok, American Embassy Thailand, business visa, Education visa, Embassy of the United States of America Bangkok, global terrorism, National Strategy for Counterterrorism, security checks, Spokesman Walter Braunohler, terror risk list, terrorism risk list, Thai citizens, tourism visa, us embassy bangkok, us embassy thailand
Posted in us embassy bangkok, US Embassy Thailand, US State Department | No Comments »

It recently came to this blogger’s attention that the Department of Homeland Security is to place Thailand on a sort of “risk list” pertaining to terrorism. In order to provide further details on this situation it is necessary to quote directly from the official website of The Nation, NationMultimedia.com:

A recent announcement by the US Department of Homeland Security said that Thailand will be on a new terrorism-risk list. The department has classified Thailand among countries that are known to “promote, produce or protect terrorist organisations or their members”. Spokeswoman for the department Gillian Christensen said in a written statement that countries “may have been included on the list because of the backgrounds of arrestees, not because of the country’s government itself”. Along with Thailand, three other US allies placed on the risk list are Egypt, Israel and the Philippines. In all there are 36 countries on this list of so-called Specially Designated Countries (SDCs) that “promote, produce, or protect terrorists”. Citizens from countries on this list who wish to travel to the US will be required to submit to a new “Third Agency Check”. In real terms, it could very well mean additional security check or possibly stricter rules for Thai citizens requesting visas to the US…

The administration of this web log encourages readers to click upon the relevant hyperlinks above to read this story in detail.

As noted in the aforementioned quotation, the ramifications of these developments could ultimately result in delayed processing of visas such as the K-1 visa, the CR-1 visa, and the IR-1 visa for fiancees and spouses of American Citizens. Meanwhile, those seeking employment or investment based visas such as the EB-5 visa or the L-1 visa may see further processing delays in matters where a visa is being sought through the US Embassy Thailand. Finally, it could be inferred that these developments will have an impact upon those seeking non-immigrant visas such as the B-1 visa, the B-2 visa, the F-1 visa, or the J-1 visa. Bearing all of this in mind, it remains to be seen how this announcement will actually effect the overall visa process.

In related news it was recently noted that the Royal Thai Immigration Police may be stringently enforcing immigration regulations with respect to the ED visa. In order to expound further upon these developments it is necessary to quote directly from the official website of the Pattaya Times, Pattaya-Times.com:

The Deputy Director of the Thailand Ministry of Education recently summoned all language schools’ owners in Pattaya along with senior Chonburi Immigration Police Investigators to address this issue and notify the schools of the crackdown. “Now any school found to be selling the Education visa simply to allow the foreigner to stay in Thailand and not attending the school will be closed down and lose their license. All of the school’s students, whether attending or not, will have their visas cancelled,” the representative of the Ministry of Education stated…

This blogger asks readers to click on the links above to read this interesting article in detail.

There are many types of Thai visas including, but not limited to the Thai business visa and the Thai retirement visa. Although neither of these visa categories are of issue in the aforementioned quotation. Clearly, the events noted above could have implications for those who stay in Thailand on a Thai Education visa. That said, those actually utilizing an ED visa for educational pursuits are unlikely to be adversely impacted by this new policy. However, the overall impact of this new policy remains to be seen.

For information related to legal services in Thailand please see: Legal.

Tags: Chonburi Immigration Police, Department of Homeland Security, DHS Spokeswoman Gillian Christensen, Education visa, Egypt, Israel, language school, Philippines, SDC, Specially Designated Countries, Specially Designated Country, Thailand Ministry of Education, Third Agency Check, US Department of Homeland Security
Posted in Department of Homeland Security, News, Thailand Visa, US Visa and Immigration | No Comments »

It recently came to this blogger’s attention that the Department of Justice, in association with the Department of Homeland Security and the Federal Trade Commission (FTC), is taking measures to combat scams involving immigration services for those wishing to travel to the USA . To quote directly from a recent announcement posted upon the official website of the Department of Justice, Justice.gov:

Federal Agencies Combat Immigration Services Scams
DHS, DOJ and FTC Collaborate with State and Local Partners in Unprecedented Effort

WASHINGTON—The U.S. government will unveil a national initiative to combat immigration services scams on June 9 at 1 p.m. The Departments of Homeland Security (DHS) and Justice (DOJ) and the Federal Trade Commission (FTC) are leading this historic effort.
DHS’s U.S. Citizenship and Immigration Services (USCIS), the lead agency responsible for administering the U.S. legal immigration system, will announce the initiative while hosting events in seven cities around the country as well as the national launch in Washington, D.C.

The unauthorized practice of immigration law is an exploitative practice that endangers the integrity of our immigration system and victimizes members of the immigrant community. Understanding the gravity of this deceptive practice, federal, state and local partners have come together to combat immigration services scams on all fronts. The initiative is set upon three pillars: enforcement, education, and continued collaboration. Each agency plays a critical role to ensure the success of this national effort. This initiative exemplifies how government and community can work together to effectively address a serious problem…

The administration of this web log encourages readers to click upon the relevant hyperlinks noted above to learn more about the Justice Department’s recently announced initiative.

Unfortunately, there are many less-than-reputable organizations in jurisdictions such as those which comprise the Association of Southeast Asian Nations (ASEAN) and other locales around the world falsely purporting to have the necessary qualifications to provide advice, counsel, and assistance pertaining to United States visas and immigration.

Processing a United States visa can be a cumbersome and overwhelming process for those unfamiliar with relevant immigration law and procedure. Those thinking about retaining an American lawyer to assist in the acquisition of visas such as the CR-1 visa, IR-1 visa, K-1 visa, EB-5 visa, or L-1 visa (to name just a few visa categories) are encouraged to ascertain the credentials of those claiming knowledge of such matters. This is encouraged because only properly licensed attorneys are permitted to accept fees to engage in the practice of U.S. immigration law pursuant to 8 CFR 292.1.

In general, before a visa applicant can undergo Consular Processing at US Mission abroad (US Embassy, US Consulate, American Institute, etc) they must first receive an approved petition from the United States Citizenship and Immigration Service (USCIS).

For related information please see: US Visa Thailand or Legal.

Tags: 8 CFR 292.1, American Consulate, American Embassy, American Lawyer, ASEAN, ASsociation of Southeast ASian Nations, CR-1 Visa, CR1 Visa, deceptive practice, Department of Homeland Security, Department of Justice, Departments of Homeland Security, DHS, DOJ, EB-5 Visa, EB5 Visa, Federal Trade Commission, FTC, IR-1 Visa, IR1 Visa, K-1 Visa, K1 Visa, L-1 visa, L1 Visa, legal immigration system, U.S. Citizenship and Immigration Services, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Immigration Fraud, Us Immigration Scam, US lawyer, US Visa Scam, US Visa Thailand, USCIS
Posted in US Visa and Immigration | No Comments »

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 »

In a previous posting on this blog the eligibility criteria for the EB-1 visa were briefly discussed. In that same vein, this blogger felt further elaboration on other Employment Based visa categories was warranted to provide insight to readers about issues associated with other employment based preference categories. The United States Citizenship and Immigration Service‘s (USCIS) official website posted an enlightening chart to provide an overall glimpse of the eligibility criteria which this blogger felt could be of interest to readers. To quote directly from the official website of the USCIS, USCIS.gov:

Readers are encouraged to conduct their own research into these issues as the chart above is merely presented to provide something of an overview regarding eligibility. The chart above should not be viewed as an exhaustive analysis of the issues at play in a EB-2 petition.

It should be noted that second preference Employment Based petitions are carefully scrutinized as issuance of such visas is intended for those foreign professionals holding an advanced degree or an alien national of “exceptional ability”. Therefore prospective visa seekers are encouraged to note the rather high standards by which those seeking this visa category will be compared during the adjudication process.

Those seeking the visa categorized as an EB-2 are well advised to remember that adjudication of a visa petition at the Department of Homeland Security‘s USCIS may be only one phase of the overall visa process as those residing outside of the United States may be required to undergo Consular Processing at a US Embassy or US Consulate abroad.

For readers who have happened upon this blog in the past, the mention of the “national interest waiver” may bring to mind the I-601 waiver or the I-212 waiver which could be argued to be somewhat similar. Another type of waiver that could be construed as similar to the “national interest waiver” is the waiver sometimes granted by USCIS to permit the filing of multiple petitions for a K1 visa within a relatively short period of time notwithstanding the provisions of the International Marriage Broker Regulation Act (IMBRA).

Frequent readers may recall that the EB-5 visa is also classified as an Employment Based Visa although the criteria for EB-5 visa issuance is different from those of the EB-2 most notably as the EB-5 visa petitioner must demonstrate that a substantial investment has been made in the United States in order to hope to attain eligibility for EB-5 visa status.

The United States visa process can be overwhelming at times and for this reason many opt to retain the assistance of counsel. That stated, when retaining the services of anyone purporting to be qualified to provide advice and/or assistance regarding immigration matters it may be prudent to ascertain credentials as, pursuant to relevant US law, only a licensed American attorney is permitted to take in client fees while engaged in the practice of United States immigration law.

For related information please see: Legal.

Tags: American Consulate, American Embassy, Consular Processing, Department of Homeland Security, EB-2 Visa, EB-5 Visa, EB2 Visa, EB5 Visa, Employment Based, Employment-Based Immigration: Second Preference EB-2, employment-based second preference visa, I-212 waiver, I-601 Waiver, I601 Waiver, IMBRA, IMBRA Waiver, International Marriage Broker Regulation Act, K-1 Visa, K-1 Visa Process, K1 Visa, national interest waiver, United States Citizenship and Immigration Service, US Consulate, US Embassy, USCIS
Posted in Department of Homeland Security, EB-2 Visa, EB5 Visa, I-601 Waiver, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, US Visa and Immigration, USCIS | No Comments »

It recently came to this blogger’s attention that the Secretary-General of the Association of Southeast Asian Nations (ASEAN) has called for the nomination of a candidate for the post of IMF Managing Director who hails from Asia or a developing nation. To quote directly from a very interesting article apparently written by Umesh Pandey and posted on the official website of the Bangkok Post, BangkokPost.com:

TOKYO : Asean secretary-general Surin Pitsuwan has called on Asian countries to jointly nominate a candidate for the post of managing director of the International Monetary Fund. As the leading engine of global economic growth, Asia needs to assert itself in the way international institutions such as the World Bank and the IMF operate, Mr Surin said yesterday. “The time is for Asia to field a candidate and it doesn’t have to be an Asian. They could be a member of a Third World country but not the European Union and they surely must not be a North American,” said the Asean chief.

The administration of this web log strongly encourages readers to click on the hyperlinks noted above to gain further insight into this developing story.

Clearly, the economies which comprise the ASEAN community are becoming increasingly important in a global context. This fact coupled with the fact that there seems to be little tangible reason why the IMF directorship should continue to be exclusively held by a European leaves one to wonder what the nationality of future IMF directors will be. It seems both likely and logical that an Asian will eventually take the helm of the International Monetary Fund, but the question remains: when? Hopefully this question will one day be answered to the satisfaction of all concerned.

On a somewhat unrelated note, it also came to this blogger’s attention that a United States Senator has recently introduced legislation to provide immigration benefits to families of America’s brave servicemen and women. To quote directly from an article written by Elise Foley and posted on the Huffington Post website, HuffingtonPost.com:

WASHINGTON — Sen. Robert Menendez introduced a bill on Thursday that would allow the immigrant parents, spouses and children of active duty military service members to gain legal status, part of a push by Democrats to allow small sectors of the undocumented population to avoid deportation. “I just can’t believe that you can risk your life for America, and America can’t let you stay united with your family,” the New Jersey Democrat said at a press conference. “It seems to me that’s more than a fair trade-off.” The Military Families Act, which so far has zero Republican supporters, would grant legal permanent residence to the immediate family members of military men and women in active duty…

Readers are urged to click upon the hyperlinks noted above to learn more from this insightful and interesting article.

This blogger was relieved to hear that Senator Robert Menendez has taken up the cause of America’s military families as it is unfortunate that current law and regulation can sometimes result in adverse consequences for alien family members of those serving in the United States Armed Forces. Hopefully the proposed legislation will create a more compassionate immigration environment for the families of American Armed Forces personnel. It should be noted that those non-US Citizens serving in the American military are often eligible for expedited immigration benefits including, but not necessarily limited, expedited naturalization to United States Citizenship.

Those who read this blog with any frequency may also be aware that there is currently legislation being proposed in the American federal legislature which would go far in uniting American same-sex bi-national families. The passage of the Uniting American Families Act (UAFA), the Reuniting Families Act, and/or the Respect for Marriage Act would likely result in changes to relevant American law thereby allowing those who have entered into a same sex marriage, or similar marital union, to obtain federal benefits (including immigration benefits) in the same manner as their different-sex counterparts. How this legislation will fare in the current legislature remains to be seen, but hopefully passage of such legislation, along with the Military Families Act, will result in a tangible benefit to all American families.

For related information please see: Certificate of Naturalization.

Tags: American Citizenship, ASEAN, Asean secretary-general Surin Pitsuwan, ASsociation of Southeast ASian Nations, Certificate of Naturalization, European Union, IMF, IMF Managing Director, International Monetary Fund, Military Families Act, Naturalization, North America, Respect for Marriage Act, Reuniting Families Act, same sex marital union, Same Sex Marriage, Senator Robert Menendez, Third World, uafa, United States Citizenship, Uniting American Families Act
Posted in ASEAN Business, US Visa and Immigration | No Comments »

It recently came to this blogger’s attention that the US business visas categorized as the B-1 visa and the H-1B visa are making headlines on the World Wide Web. To quote directly from the official website of First Post, FirstPost.com:

Infosys announced on Tuesday that it had received a subpoena from a US District Court demanding documentation of its B1 visa usage, which is  the subject of a criminal investigation by the US Department of Justice (DOJ).

Those reading this web log are strongly encouraged to click upon the hyperlinks above in order to gain more perspective on this developing story. Concurrently, readers are also asked to remember that those accused of an illegal act, whether a natural person or a corporation, are innocent until proven guilty pursuant to America law.

Those unfamiliar with these visa categories should note that the B-1 visa is a non-immigrant visa designed for use by those who intend to remain in the United States for a short period of time for business meetings or training. Such travel documents do not permit the bearer to take up employment within the jurisdiction of the United States. Meanwhile, the H-1B visa is intended for those who wish to  undertake employment in the United States of America. In much the same way that a Thai business visa does not confer the right to work in the Kingdom of Thailand, only a Thai work permit entails such privileges, so too does a B-1 visa exclusively permit the bearer lawful status in the USA upon admission. Therefore, those wishing to work in the USA are generally required to obtain a visa which permits the bearer to work or obtain Employment Authorization. Those who have lawful permanent residence pursuant to entry in the USA on a CR1 Visa or an IR1 Visa are allowed to work in the USA.

The aforementioned article went on to note:

The DOJ’s criminal investigation is not the only legal claim Infosys is facing in relation to B1 visas. As Firstpost has previously reported, an Alabama-based employee named Jack “Jay” Palmer filed a civil lawsuit against the company in February alleging that Infosys used the B1 visa as a way to “creatively” manoeuvre around H-1B visa caps. (Infosys has consistently been the top recipient of H-1B visas in the US.)

Those seeking American immigration benefits should be aware of the fact that the privilege of working in the United States is not always easily obtained. Furthermore, those pondering immigration benefits should note that it is never prudent to be anything but 100% honest with American immigration officials as failure to be candid regarding one’s bona fide immigration intentions could have tremendous adverse ramifications. Consequences for failure to be forthright with immigration authorities could include fines, penalties, incarceration, or a finding of legal inadmissibility. Those found to be legally ineligible for admission to the United States of America may be able to rectify such inadmissibility through use of either an I-601 waiver or an I-212 waiver, depending upon the circumstances of the case.

Meanwhile, it appears that the Department of Homeland Security‘s Transportation Security Administration (TSA) is taking criticism from a federal legislator regarding the methodology surrounding the groping of individuals passing through airports in the USA. To quote directly from the official website of Real Clear Politics, RealClearPolitics.com:

The Hill reports: “I walked through … right behind me there was a grandmother — little old lady, and she was was patted down,” Rep. Paul Broun (R-Georgia) said on C-SPAN’s “Washington Journal.” “Right behind her was a little kid who was patted down. And then right behind him was a guy in Arabian dress who just walked right through. Why are we patting down grandma and kids?”

The administration of this blog strongly encourages readers to click upon the hyperlinks noted above to learn more.

It is certainly a credit to Representative Paul Broun that he is questioning TSA policies regarding groping of prospective passengers as it is this blogger’s personal opinion that such searches violate the provisions of the 4th Amendment of the Constitution of the United States of America. This news comes on the heels of a recent announcement that lawmakers in the sovereign State of Texas have withdrawn a recent bill brought before that State’s legislature to curtail the activities of the TSA. To quote directly from the website of the Texas Tribune, TexasTribune.org:

A threat from the federal government to shut down Texas airports or cancel flights may have killed legislation by Tea Party conservatives in the Texas Capitol to prohibit federal Transportation Security Administration agents from conducting “invasive searches.” “I don’t cave in to heavy handed threats by the federal government,” said an angry Sen. Dan Patrick, R-Houston, the Senate sponsor of the bill, who ultimately withdrew the bill. House Bill 1937, which was passed by the House earlier this month, would make it a misdemeanor offense for a federal security agent to “intentionally, knowingly, or recklessly [touch] the anus, sexual organ, buttocks, or breast of the other person, including touching through clothing, or touching the other person in a manner that would be offensive to a reasonable person.” Two TSA officials visited Patrick at the Capitol earlier today to discuss the legislation. They warned him that the legislation “could close down all the airports in Texas,” he said…

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Clearly, the issue of TSA “pat downs” is controversial and can raise tempers. This blogger encourages readers to keep abreast of the stories above at it seems likely that the underlying issues will continue to be poignant in the days and weeks ahead. This may be especially true in the context of an upcoming election as issues pertaining to U.S. immigration and the 4th amendment may be of concern to prospective voters.

Tags: B-1 Visa, B-1 visas, B1 visa, CR-1 Visa, CR1 Visa, Department of Homeland Security, Department of Justice, DOJ, H-1B visa, H-1B visas, I-212 waiver, I-601 Waiver, Infosys, invasive searches, IR-1 Visa, IR1 Visa, Texas airports, Texas Capitol, Texas Senator Dan Patrick, Thai Business Visa, Thai Work Permit, Transportation Security Administration, TSA, TSA Groping, TSA invasive searches, TSA Pat Down, US business visas, US District Court
Posted in Transportation Security Administration (TSA), US Visa, US Visa and Immigration | No Comments »

Those conducting research with regard to United States Family Immigration often look at either the K-1 visa or a CR-1 visa for a recent or prospective spouse. That stated, an acute concern for many American Citizens is the speedy admission of the foreign fiance or spouse to the United States of America. Under many circumstances in places such as the Kingdom of Thailand or the Kingdom of Cambodia, virtually the only means to lawfully bring a Thai or Khmer fiance or spouse to the USA involves a US Marriage Visa (such as the CR-1 visa or the IR-1 visa) or a US fiance visa (officially categorized as a K-1 visa). The question then becomes: which visa can be obtained in a more timely manner?

Currently, it usually takes less time to obtain a K-1 visa compared to a CR-1 visa. That stated, it is this blogger’s opinion that the once large gap separating the processing times of these respective visa categories has closed somewhat, from a practical perspective; and, as a result, it may be best for those researching these issues to ponder the notion of applying for a CR-1 visa or an IR-1 visa from the outset rather than undergoing the K1 visa process. Bearing this in mind, the reader should note that the process is unique to every couple as circumstances tend to dictate the timing of various stages of the process.

Although the K-1 visa does usually result in a foreign fiancee arriving in the United States more quickly than a foreign spouse under the CR-1 visa category, readers should be aware of the fact that CR-1 visa holders are admitted into the United States in Lawful Permanent Resident status. Conversely, those admitted into the United States of America in K-1 visa status must undergo the adjustment of status process in order to obtain their Green Card.

Regardless of the fact that the current USCIS Processing Times note little change in the time it takes to receive adjudication of a K-1 visa petition compared to years past, the plain truth of the matter is that the overall K-1 visa process has lengthened for many in recent months. This increased wait time may be attributable to the fact that the National Visa Center and each and every US Embassy or US Consulate has its own backlog of cases to either process or adjudicate. As the ebb and flow of American immigration continues the consular processing times are likely to increase and/or decrease depending upon the circumstances at the various US Posts abroad. At present, it is difficult to calculate with any specificity what the time frame is for Consular Processing in Asia as many factors must be taken into consideration. It is this blogger’s current opinion that under the totality of the circumstances it may be prudent for prospective family visa petitioners to conduct thorough research into the immigration process before making an irrevocable immigration decision as a visa category that looks more efficient at first glance may, in fact, turn out to be an inefficient travel document if one takes into consideration all of the factors which must be addressed in order to ultimately receive lawful permanent resident status in the U.S.A.

For related information please see: Legal.

Tags: Adjustment of Status, American Embassy Cambodia, American Embassy Thailand, American Fiance Visa, American Fiancee Visa, American Marriage Visa, American Visa Cambodia, American Visa Thailand, Consular Processing, CR-1 Visa, Green Card, IR-1 Visa, K-1 Visa, K-1 Visa Cambodia, K-1 Visa Process, K-1 Visa Thailand, K1 Visa Cambodia, K1 Visa Thailand, National Visa Center, us embassy bangkok, US Embassy Cambodia, US Embassy Phnom Penh, us embassy thailand, US Fiance Visa, US Fiancee Visa, US Marriage Visa, US Visa Cambodia, US Visa Thailand, USCIS Processing Time
Posted in CR1 Visa, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, US Visa and Immigration | No Comments »