Integrity Legal

On weekends, we try (sometimes successfully) to add a bit of character to this blog by discussing things of a more general interest than Thailand Law or issues from the perspective of a US Immigration lawyer in Thailand. This post looks at legal history from jurisprudence promulgated as far back as ancient Mesopotamia to laws still on the books today.

The Code of Hammurabi

Hammurabi’s code acts as an early example of legal codes enacted in modern day Iran, Iraq, and Syria. Hammurabi’s code was somewhat draconian by today’s standards, but it is important because it is one of the first recorded systems of law in the world. Hammurabi was a King in ancient Babylon who decided that Babylonians needed some form of law in order to form a more efficient society.

This code is interesting because the code’s legitimacy is based upon Hammurabi’s assertion that he was spoken to by the gods and ordered to create a system of laws in his realm. In a preface to his legal code he states: “Anu and Bel called by name: me, Hammurabi, the exalted prince, who feared God, to bring about the rule of righteousness in the land.^“

The code of Hammurabi is especially notable for its “eye for an eye” method of dispensing justice. An example of this tit for tat legal reasoning can be seen in may sections of the code including this one:

“If a Builder build a house for someone, and does not construct it properly, and the house which he built fall in and kill its owner, then that builder shall be put to death.”

I would not have been a carpenter or contractor in Hammurabi’s Babylon, the liability implications would have been too steep.

Roman Law

Of all the inheritances the Romans bequeathed on modern civilization, Roman law may be the bequest that has had the most impact down to the present day. Many of the Latin terms used in many countries to this day have their roots in Roman jurisprudence. From a practical standpoint, Roman law held firm sway over modern day western Europe until the end of the Emperor Justinian’s reign in roughly 530 AD. However, Roman law still had an indirect impact upon western Europe trough the Byzantine Empire, which continued the Roman legal tradition (albeit in the Greek language) until the mid 1400′s when Constantinople was finally sacked by the Ottoman Turks. Terms such as stare decisis and habeus corpus are still widely used in legal texts around the globe.

Common Law

The common law is the system of law used in England and spread throughout the world as the English commenced rapid and expansive colonization during the reign of Queen Elizabeth I. One of the major legal documents of the common law system is the Magna Carta imposed upon King John of England by his own Barons in an effort to curtail the powers of the Throne. The common law is distinguishable from the civil law system by the fact that the common law places a great deal of weight behind the previous decisions of judges. Whereas Civil law countries seem to place more weight behind the findings of legal scholars.

The common law is currently practiced and enforced in the following countries: United Kingdom, United States, Hong Kong, India^, Ireland, New Zealand, Australia, Canada and Pakistan (to name only some).

Napoleonic Code

The Napoleonic code was created and enacted at the behest of Emperor Napoleon I of France. It is often heralded as one of the greatest legal achievements in history because the code went far in instilling a tradition of the rule of law on the continent of Europe (with reverberations throughout the whole world as a result of colonization). Before the French Revolution the legal system of France was based upon a patchwork system of local customs and special privileges based upon prior royal decrees and dispensations. The system was very inefficient and confusing to the common people. The legal system of the ancien regime was also manipulated by the upper classes for their own benefit often at the expense of the lower and middle class. The Napoleonic Code represented a codified system of laws applicable to everyone equally (except for maybe Napoleon himself). It spread throughout Europe following in the wake of the Emperor’s successes on the battlefield and as a result the Napoleonic Code would undergird Continental jurisprudence long after French Armies returned to France.

An interesting side note regarding the Napoleonic Code involves the State of Louisiana. Although it is part of the United States, Louisiana has a French and Spanish legal tradition due to the fact that it was once a colonial possession of both Spain and France. Louisiana law is based heavily upon Roman legal tradition, but it was also influenced by the Napoleonic legal tradition. To this day, Louisiana has a very different legal system than any of the other 49 US states and as a result the Louisiana bar examination is one of the more difficult in America.

Thanks for Reading!

Please see:

K1 Visa Thailand or

Fiance Visa Thailand for information about US Immigration options for Thai Nationals

(Please note that nothing contained in this article creates a lawyer-client relationship between reader and author. Also, nothing contained herein should be used in substitute for legal advice from a competent lawyer.)

An odd question came up while I was in the office today. A married couple (one Thai and one non-Thai) was researching Thailand property ownership and after going over the usual information regarding Thai Leases, Thai Mortgages, and uses of Thai Limited Companies for property ownership a more interesting question arose. All of the questions surrounding their prospective property were routine, but then the conversation turned to Thai Wills and what would happen to the Thai Real Estate upon the death of the Thai husband.

Pursuant to sections of Thai law it is illegal for foreigners to own land without the written approval of the Thai Interior Minister. As a practical matter, obtaining written approval from the Interior Minister of Thailand is difficult, if not downright impossible. This brings up a conflict of laws because when a Thai will speaks during the Thai probate proceedings, ownership of property that was owned by a Thai could be passed to a non-Thai. What happens to this property since it is essentially illegal for a non-Thai to own land?

Thai law deals with this issue in a quintessentially Thai way. The law says that the property must be sold within 6 months of the closing of the Estate. In the United States (as well as other common law countries) probate of wills entails the closing of a deceased person’s estate. Generally Judges in common law countries wish to get estates closed as quickly as possible. In Thailand, Thai Judges are not as expeditious in getting wills probated and estates closed. The upshot is that estates will stay open for years and in some cases decades.

The practical implication of this failure on the part of Thai probate courts to quickly close estates creates a situation in which a foreigner in Thailand can maintain de facto ownership and control of an inherited piece of real estate provided the estate stays open. Should the de facto owner decide to sell the property, then all he or she would need to do is close the estate, legally inherit the property, and execute a sale. This process is probably more complicated than this and a possibility always exist that a court would close the estate quickly, but at present this does not appear to be the case.

(Please Note: Nothing written herein should be used in any way as a substitute for personalized legal advice from a licensed attorney. No lawyer-client privilege or relationship is executed between reader and author of this piece.)

What Happens After the K1 Visa Interview?

After the visa interview a fiancee will either receive a 221 g request for more information, an outright denial, or an approval of the visa application and a visa will be placed into her passport.  A frequently asked question: how long before she must use the visa to the USA? Generally, the answer to this question is 6 months from the issue date. Therefore, a Thai fiancee will need to present her visa at a port of entry in the USA within 6 months of visa issue or else the visa will expire and she will need to obtain a new one before presenting herself at the port of entry again. Getting past the port of entry is usually a smooth process and the worst inconvenience imposed upon the Thai fiancee will likely be the existence of a long line at the United States Customs and Immigration checkpoint.

So you have gotten your fiancee to the United States from Thailand using a K-1 Fiancee. She has gotten past the port of entry in the United States and she is currently in lawful K1 status in the USA: Now What?

A question many couples pose after completing the K-1 visa obtainment process is: does my fiancee need to leave the USA within 90 days? No, you and your fiancee must get legally married and apply for adjustment of status to permanent residence in order for your fiancee to remain in the US legally. While an adjustment of status application is pending the Thai fiancee is entitled to remain in the USA.

If the couple decides that for logistical reasons a marriage is not feasible, the the Thai fiancee will need to depart the United States before the visa’s validity expires.  An issue that arises with regard to this type of situation: under the provisions of the International Marriage Broker Regulation Act a US Citizen is only allowed to petition for one K1 visa every 2 years and if petitioning for more than one K1 within that time period, a waiver must be obtained. Generally, where there was good reason for failure to conduct a marriage and this reason is properly explained to the USCIS adjudicator, a waiver will be issued and the couple would be able to obtain a second fiance visa.

Please see US Visa Thailand for more information

(Please note: Nothing contained within this blog post should be construed as creating an attorney-client relationship between author and reader. This post is meant for informational purposes only and is not meant to act as a substitute for individual legal advice from a licensed attorney.)

Thailand O Visa

The Thailand O visa is something of an anomaly because it is truly a “catch-all” visa category. Generally O visas in Thailand are used by spouses of either Thai nationals or spouses of those present in Thailand on some other type of Thai Visa. The O visa confers work authorization insofar as it allows the holder of said visa to petition for a Thai work permit.

Although legally eligible to obtain a work permit, there are sometimes work permit difficulties for the O visa holder. As a practical matter, some Thai immigration officers and Ministry of Labour officials do not like to see work permits issued to those in Thailand on an O visa unless the O visa is based upon an underlying spousal relationship to either a Thai National, Permanent Resident in Thailand, or business visa holder (in the case of the spouse of a business visa holder, the O visa holder may have some difficulty obtaining a work permit).

Thailand Elite Card

The Thailand Elite Card program was a program designed with the idea of improving business tourism in Thailand. The card offered many benefits that would be convenient and useful for the prospective business traveler in Thailand. Most notably, there were some very positive immigration benefits conferred upon businesspeople holding a Thailand Elite Card.

At one time, there was a 3 year multiple entry visa conferred upon foreigners under the Thailand Elite Card program. Under this program applicants paid a one time fee of 1.5 million baht and received a card that entitled them to special benefits throughout Thailand. The program also had a special relationship with Thai Immigration that allowed card holder to obtain 3 year multiple entry non-immigrant B visas.

Recently, with governmental shakeups in Thailand the Elite Card program has been canceled with regard to immigration matters. Therefore, although one could conceivably still obtain the elite card, the immigration benefits of the card are no longer granted and therefore the special three year visa is no longer conferred upon card holders.

At present, it would appear to be quite difficult, if not practically impossible, to obtain a 3 year non-immigrant business visa to Thailand. That being said, one year Thai visas are still available for qualified applicants.

For more information please see:

Thailand Visa

Thailand Business Visa

US Visa Lawyer Thailand

(Note: All information in this post should be used for general purposes only. No attorney-client relationship is created between the reader and author of this post. This post should not be used as a substitute for individualized legal advice from a licensed professional.)

Buddhist marriage ceremonies are a very interesting aspect of Thai culture. Many Thai and American fiances choose to conduct a customary religious ceremony in order to convey to the world the couple’s mutual desire to remain together and express their commitment to their partner. As Thailand is not a common law country, the idea of “common law marriage,” is not a concept specifically recognized under Thai jurisprudence. Therefore, if a marriage is not duly registered at an Amphur office (a Thai government office with a mandate akin to a department of vital statistics in the United States), then Thai law is unlikely to recognize any type of domestic partnership exists. Therefore, from a practical standpoint, without a duly formalized marriage execution and issuance of a marriage certificate: no marriage exists.

A question often posed by prospective K1 Visa seekers is: if I have a ceremonial or customary marriage in Thailand, will that preclude obtainment of a K1 visa because the Thai fiance no longer meets the legal definition of “fiancee,” under relevant immigration law?

The question of Thai customary wedding ceremonies is not a cut and dried issue, but it can be said that without a registered marriage, then in the eyes of US Immigration law, the couple is not married. Therefore, a couple who have performed a customary wedding ceremony in Thailand, but have not executed a legal marriage will likely be able to obtain a Fiance visa.

From a US Visa and Immigration perspective, the odd upshot of conducting a customary marriage ceremony is the fact that the ceremony can act as evidence in further proving the bona fide nature of the underlying relationship. However, it may be wise to retain representation because explaining the legalities and details of a Thai-American couple’s relationship to the immigration authorities can require legal expertise. Basically an attorney would explain the situation and press home the fact that the couple is not legally married and therefore they meet the definition of fiances for the purpose of American immigration law.

A related question with regard to lack of marriage registration comes up with regard to children born of a Thai Citizen and an American Citizen. Many people ask if American Nationality can be conferred if the marriage was not legally formalized. The short answer to this question: if the child is born of an American Citizen, then the US Citizen’s citizenship will likely transfer to the child automatically upon birth. There are some limitations on this general rule where the US Citizen parent has not had presence in the USA for a statutorily defined amount of time and therefore cannot transmit Citizenship. In a case such as this in Thailand, an Immigration Attorney in Thailand should probably be consulted in order to understand the child’s US Immigration and Nationality options.

For information on US Marriage Visas from Thailand please see:

K3 Visa Thailand

US Marriage Visa

(Note: Nothing in this post should be subsequently used in lieu of individual legal advice from an attorney. No attorney-client relationship is created between the reader and author of this post.)

Since today is Coronation Day in Thailand, which is a National Holiday, I thought I would take this opportunity to list the holidays that the Embassy takes in Thailand. Many clients and prospective clients do not understand delays caused by holidays either because the holiday is exclusively Thai, and therefore not being celebrated in the United States, or a non-Thai holiday and the applicant doesn’t understand why the Embassies should be closed for an American holiday in Thailand.

There are good reasons why the US Embassy in Thailand ought to close on both Thai and American holidays, the most convincing rhetorical question: what would the Embassy actually be able to get done on National Holidays for either Thailand or the USA?

As a conduit for communication, trade issues, and inter-government cooperation the US Embassy in Bangkok (as with any Diplomatic post in a foreign country) has a “foot in both worlds,” when either of the governments are shut down, then the Embassy really does not have much to do. Therefore, instead of wasting time and resources they close in order to facilitate better service at another time. For US Visa purposes the closure of the Embassy means that it is not possible to obtain a visa interview on any day that the Embassy is closed.

Below are the Holidays for the US Embassy in Bangkok in 2009 (please note that as some of these holidays are based upon the lunar calendar they may change date from year to year):

Holidays for the US Embassy in Bangkok

(Also applicable to the US Consulate in Chiang Mai)

In the month of January the US Embassy is closed for the following holidays on the following days:

January 1: New Years Day

January 2: New Years Day

January 19: Martin Luther King’s Birthday

In the month of February the US Embassy is closed for the following holidays on the following days:

February 16: Presidents Day

In the month of March the US Embassy is closed for the following holidays on the following days:

No Holiday closures

In the month of April the US Embassy is closed for the following holidays on the following days:

April 13: Songkran (Thai New Year)

April 14: Songkran (Thai New Year)

April 15: Songkran (Thai New Year)

In the month of May the US Embassy is closed for the following holidays on the following days:

May 5: Coronation Day

May 8: Visakha Bucha Day

May 25: Memorial Day

In the month of June the US Embassy is closed for the following holidays on the following days:

No Holiday Closures

In the month of July the US Embassy is closed for the following holidays on the following days:

July 3: Substitution for July Independence Day (Closed on 4th of July when during the week)

In the month of August the US Embassy is closed for the following holidays on the following days:

August 12: Her Majesty the Queen of Thailand’s Birthday

In the month of September the US Embassy is closed for the following holidays on the following days:

September 7: Labor Day

In the month of October the US Embassy is closed for the following holidays on the following days:

October 12: Columbus Day

October 23: Chulalongkorn Day

In the month of November the US Embassy is closed for the following holidays on the following days:

November 11: Veterans Day

November 26: Thanksgiving Day

In the month of December the US Embassy is closed for the following holidays on the following days:

December 7: Substitute for His Majesty the King of Thailand’s Birthday (the 5th of December)

December 10: Constitution Day

December 25: Christmas Day

Please note that this list is not exhaustive as the US Embassy in Bangkok, Thailand may close for reasons unrelated to Holidays, or for any reason whatsoever, but the Embassy is generally open during the week during regular hours except for the holidays mentioned above.

(Nothing in this piece should be taken as a substitute for legal advice. By reading this piece there is NO express or implied attorney-client relationship created.)

For more information please see:

US visa Thailand

Fiance Visa Thailand

K1 Visa Thailand

Income Requirements for Fiance and Spouse Visa Sponsorship: 2009

In order to sponsor a Thai fiancee or wife for a visa to the USA, a US Citizen petitioner must prove that he can support the Thai applicant in such a manner that the Thai applicant will not become a burden to the state. Therefore, the US Citizen must present an affidavit of support proving an income that is deemed appropriate for supporting a Thai fiancee or wife. US Immigration policy dictates that in order to be able to support an immigrant one must produce an income that is 125% of the poverty level as set forth by US Housing and Human Services. Since Housing and Human Services constantly readjusts their definition of the poverty level, the requisite income required for immigrant sponsorship changes from year to year.

Below are the poverty figures for the 48 contiguous United States with calculation made for 125% of that figure:

Housing and Human Services has set a different standard for figuring the poverty level in Alaska, below is the poverty level for Alaska along with a calculation of 125% of that government defined monetary level.

Housing and Human Services also sets a different poverty line for Hawaii, below is the poverty guideline for Hawaii and a calculation of 125% of that guideline

It should be noted that active duty military need only show 100% of the federal poverty guidelines in order to be entitled to support an immigrant relative either entering on a K1 or immigrant visa.

For those with a deficiency in income (a more acute problem with prospective sponsors who are self employed) it may be possible to use a joint sponsor in order to make up the income shortfall. Another method of overcoming this obstacle is by using assets. For affidavit of support purposes, a prospective sponsor of a Thai fiancee or wife can make up the difference in income between what is actually earned and what is statutorily required by showing assets amounting to 5 times the difference between what a prospective sponsor earns and the legally required level. Therefore if a prospective sponsor falls $1,000 short of the required level, then he can show $5,000 in assets to make up that difference. US petitioners must submit the affidavit of support to the US Embassy in Thailand at the time of visa interview.

For more information please see

K1 visa Thailand

K3 visa Thailand

US visa Thailand

(Note: Nothing written herein should be regarded as a substitute for legal individual legal advice from a duly licensed US attorney. No attorney client privilege shall be inferred to have been created by reading this post.)

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

Oliver Platt: Jeremy

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

Danny Devito: Deck Shifflet

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

Randy Quaid: Caddy Shack 2

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

Joe Pesci: My Cousin Vinny

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

Lewis Tulley: Rick Moranis

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

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

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

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

Thanks for reading my little rambling blog post today.

For the long term expatriate living in Thailand, the question of Thai permanent residence invariably arises at some point. Many people wish to obtain permanent residence, but are overwhelmed by the difficulties involved in getting Thai PR. Hopefully this post will add some perspective on the subject.

Requirements for Obtaining Thai Permanent Residency

This post is not exhaustive, but merely gives the “broad strokes,” regarding Thai Permanent Residence. One of the major requirements for obtaining Thai permanent residence is that the applicant must have been in Thailand for a minimum of 3 consecutive years on Thai visa extensions.  A person present in Thailand using a Thai Multiple Entry Visa does not meet the requirement as the applicant must have been present using extensions. The Thai authorities are very strict on this requirement, even a one day gap in visa status can cost an applicant the right to apply for Thai permanent residence. For those seeking to obtain Thai Permanent Residence, scrupulous precautions should be taken to ensure that the prospective applicant maintains proper status.

There is also a salary requirement. The applicant must be able to prove a salary of at least 80,000 Thai baht per month at the time of application. Although this financial ability need only be shown at the time of filing, it is probably prudent to show a history of compensation at this rate, and the longer one can show this compensation history the better.

Thai permanent residence is somewhat odd in comparison to an American Green Card in that a Green Card confers the automatic right to work along with the right to remain in the United States. With Thai permanent residence, the right to work is not guaranteed, and as a result the permanent resident in Thailand must still obtain a work permit if he or she wishes to seek employment.  The Thai permanent residence application process is somewhat similar to the adjustment of status process for a US visa in that an applicant for Thai permanent residence is entitled to remain in Thailand while the Permanent Residence application is pending.

There is a basic Thai language requirement in order to obtain permanent residence, so the prospective applicant should study Thai in order to speak at a level of basic competence.  The prospective permanent resident is also subject to an interview and should be prepared to interview in Thai where possible.

After obtaining Thai permanent residency, the permanent resident should be cautious when leaving the country and make sure to obtain reentry permits (similar to US reentry permits) when preparing to depart the Kingdom in order to ensure that thy do not lose their permanent residency upon departure.

(Note: Nothing in this post should be used as a substitute for competent legal advice from a Thai lawyer. No attorney client relationship is created between the author and any reader of this article.)

Although The Integrity Legal offices are located in Bangkok, Thailand, we do receive inquiries regarding Consular processing at the US Consulate in Chiang Mai. Generally we do not have much contact with that post because their activities with regard to US Visas is somewhat limited in comparison to the US Embassy in Bangkok. This post is meant to provide some insight about the US Consulate in Chiang Mai.

A Consulate with History

The United States Consulate in Chiang Mai is one of the few historical buildings used by the American State Department to house a diplomatic post. The consulate does business in the former royal residence of the Lanna Thai Kingdom, that until 1933, was a tributary state of the Kingdom of Thailand (then Siam).

Activities of The Consulate

Currently the consulate only processes non-immigrant visas. Therefore in order to obtain a CR-1 or an IR-1 visa, one must go to the US Embassy in Bangkok. It is also advisable to use the Bangkok Embassy with regard to the US K1 Visa and the K3 Visa because it will likely be the place where the application is adjudicated. For US citizens wishing to file a USCIS petition locally then the local Bangkok USCIS office will be where the petition must be filed.

This post primarily processes non-immigrant visa categories that are not family based. As a result, The Consulate mostly processes Tourist and Student Visas.

As with most any consular post, the consul can act as a notary so notarial services are carried out at the post as well as consular reports of birth abroad which is a document that is something akin to a birth certificate. Th consulate also creates affidavits confirming the right to marry. The consulate also replaces passports and can add additional visa pages to an American’s passport.

A question often posed by both Americans and others: does the US have honorary consul in Thailand or elsewhere? The short answer to this question: No. It is US policy to not place honorary consulates in other countries.  Although many countries will appoint honorary diplomats, the US feels that these services should be performed by professional diplomats.

For more infrmation about the US Consulate in Chiang Mai, please see the official website here

For more on US Immigration from Thailand, please see US visa Thailand

(Note: Nothing stated in this post or elsewhere on this site or blog should be used as a substitute for individual legal advice from a competent attorney. No attorney client privilege, express or implied, shall be created between the reader and author of this post)