Integrity Legal

The administration of this blog often posts the holiday closing schedules of various United States Embassies and Consulates in the Asia-Pacific region in an effort to provide assistance to American travelers and expats or foreign nationals seeking services at an American Mission abroad. The following holiday closing schedule for the US Embassy in New Zealand was quoted directly from the official website of the Post:

Those traveling to American Missions abroad are often in search of a US Embassy or US Consulate that can assist in visa matters and other proceedings which must be carried out by US government personnel. Such activities include, but are not limited to: Consular Report of Birth Abroad issuance, US passport renewal, addition of visa pages, and notarial services. Generally, the American Citizen Services Section of a United States Consulate can assist in these matters. Those with business at an American Citizen Services post are encouraged to check the official website of the US Embassy in order to ascertain if appointments can be scheduled online. This can greatly streamline processing of requests as ACS officers can anticipate customer requests and prepare to provide appropriate services.

Those seeking a visa to the United States of America often require a visa interview in order to complete the adjudication process. Those seeking a visa interview are well advised to contact the local post or check the official website for details about appointment scheduling. Usually the protocols for non-immigrant visa interview appointments are different than the protocols for setting immigrant visa interview appointments (for purposes of visa processing, generally the K1 visa is considered to be an immigrant visa).

For related information in Thai context please see: US Visa Thailand.

Regular readers will no doubt note that the administration of this blog frequently posts the holiday closing schedule information for some of the United States Embassies and Consulates abroad. This is done in an effort to forestall possibly fruitless trips to a United States Mission abroad due to ignorance of local or American Holiday closure. To quote directly from the official website of the United States Embassy in Australia:

This author can state from personal experience that traveling to a US Embassy on a Post holiday can be frustrating. That said, holidays are clearly posted on many US government websites. Those needing services at an Embassy or Consulate overseas are well advised to check the holiday closing schedule before traveling to the Post. Those needing assistance from the American Citizen Services Section of a US Consulate may be able to make an appointment in advance in order to facilitate smooth processing.

Those seeking a visa appointment may need to check with the Visa Unit at their local post in order to ascertain how appointments are set. For non-immigrant visas the process may be different than the process for those seeking American immigrant visas (for purposes of Consular Processing, the K1 visa is generally considered to be an immigrant visa).

Those interested in related information regarding Consular Processing in Asia please see: US Embassy Vietnam.

Those who read this blog on a regular basis may have noticed that the administration routinely posts information about efforts by various law enforcement authorities to discourage human trafficking. Unfortunately, as the world becomes increasingly integrated due to globalization the instances of human trafficking seem to be rising. This apparent increase could be due to the fact that there are more media outlets covering this issue, but this author believes in giving credit where credit is due and many of those apprehended by American authorities were caught thanks to the diligent efforts of American and international law enforcement agencies and organizations.

To quote a recent story from the Associated Press that this author found distributed on the internet by Google:

HONOLULU — Six recruiters were accused Thursday of luring 400 laborers from Thailand to the United States and forcing them to work, according to a federal indictment that the FBI called the largest human-trafficking case ever charged in U.S. history.

The indictment alleges that the scheme was orchestrated by four employees of labor recruiting company Global Horizons Manpower Inc. and two Thailand-based recruiters. It said the recruiters lured the workers with false promises of lucrative jobs, then confiscated their passports, failed to honor their employment contracts and threatened to deport them.

Once the Thai laborers arrived in the United States starting in May 2004, they were put to work and have since been sent to sites in states including Hawaii, Washington, California, Colorado, Florida, Kentucky, Massachusetts, New York, Ohio, South Carolina, Tennessee, Texas and Utah, according to attorneys and advocates.

Many laborers were initially taken to farms in Hawaii and Washington, where work conditions were the worst, said Chancee Martorell, executive director for the Los Angeles-based Thai Community Development Center, which represents 263 Thai workers who were brought to the U.S. by Global Horizons.

A woman who answered the phone at Global Horizons’ Los Angeles office refused to take a message seeking comment Thursday.

The six defendants include Global Horizons President and CEO Mordechai Orian, 45; Director of International Relations Pranee Tubchumpol, 44; Hawaii regional supervisor Shane Germann, 41; and onsite field supervisor Sam Wongsesanit, 39. The Thailand recruiters were identified as Ratawan Chunharutai and Podjanee Sinchai.

They face maximum sentences ranging from five years to 70 years in prison, according to the Department of Justice.

The penalties imposed upon those who engage in human trafficking activities can be severe. This is likely due to the fact that this activity often leads to many negative results as noted in the story above. Many of those who are smuggled from one country to another are forced to work under inhumane conditions that are considered to be illegal in many jurisdictions.

This author is pleased to see public resources being expended upon truly worthy law enforcement programs such as this. Thwarting the activities of human traffickers should definitely be a top priority for international law enforcement agents. Hopefully, arrests such as those noted above will discourage and deter individuals in the future as such activity has an extremely detrimental impact upon society as a whole.

It should also be noted that human trafficking is considered by US Immigration authorities to be a legal grounds of inadmissibility. Therefore a finding by a Consular Officer that an individual previously engaged in human trafficking may lead to visa denial in a pending immigration petition or application. Furthermore, this ground of inadmissibility is unlikely to be remedied through use of an I-601 waiver.

For related information please see: US Visa Thailand.

With the rise of the Legal Process Outsourcing (LPO) Industry it is increasingly imperative that firms and individuals in the United States conduct due diligence in order to fully ascertain the credentials of those handling legal processing tasks offshore. There are many jurisdictions in which the legal profession is relatively young. As a result, there are relatively few rules and regulations regarding those individuals and companies which operate in areas that may be considered within the bailiwick of legal practitioners in the United States of America.

For American firms, proficiency in the English language is a major asset that is often assiduously sought when trying to find a legal process outsourcing service abroad. Furthermore, those overseas firms with staff who have fluency in both English and other languages can provide significant benefits to law firms in the United States handling cases in multiple international and interstate jurisdictions. That said,  language proficiency is not the only important attribute of a foreign legal processing service. There are many other aspects of a firm that must be examined before making a decision to retain legal processing services.

For those unfamiliar with the legal process outsourcing industry it has been growing in recent years due to consumer, corporate, and practitioner demands for faster and more efficient legal processing. Furthermore, many law firms in the United States are increasingly seeing the benefits of affordable legal processing services provided by competent legal firms abroad. In the vast majority of factual scenarios, the work of a practicing attorney cannot be effectively replicated through mere usage of a legal processing service, but an individual American attorney (or attorneys) could achieve large economies of scale in a practice area by utilizing the efficient and reasonably priced legal services of foreign legal processing professionals.

Although the “common law” system is not ubiquitous around the globe, this system of adjudicating cases is used by many jurisdictions throughout the world. Countries such as India have a long history of common law jurisprudence. Many legal processing firms in India can complete legal processing tasks faster and more efficiently than similar services in the United States and other English speaking countries.

As the world becomes increasingly “smaller” through globalization there is strong evidence to suggest that more countries will be doing business in and around Asia. Those with business in Asia often find that legal services are a necessity. Assistance is especially effective where the firm can provide reasonably priced legal services in both English and those languages used with great frequency throughout Asia such as: Chinese, Japanese, Thai, Korean, and Vietnamese.

For information related to this post please see: Legal.

Employment based visas are sometimes more difficult to obtain during periods of acute economic stagnation. It is this author’s opinion, that one of the main strategies to spur growth in the United States of America is through immigration. An influx of foreign skilled labor and investment would create an environment in the USA that fosters both innovation as well as tangible economic growth. The current President of the American Immigration Lawyers Association (AILA) was recently discussing the EB5 visa in the context of the overall American economic recovery. To quote directly from the AILA Leadership blog:

One of the strongest arguments in favor of comprehensive immigration reform is that it will make America more prosperous and competitive.  All credible studies show that an immigration system which meets the needs of businesses and US workers will add trillions to the economy, raise wages, and put Americans back to work.  Simply stated, immigration reform is good business and good for America’s future.

That’s why I was very excited to attend and give the opening remarks at the EB-5 Investor’s Conference which took place last Friday in Boston before a sell-out crowd.  Last month in my installation speech at the AILA Annual Conference I recalled Ronald Reagan’s final farewell to the nation in which he described his vision of America as beckoning immigrants with “the will and the heart” to get here.  Reagan understood that America’s strength is its openness: its celebration of creativity and new ideas.  And who is a better example of that then an immigrant who is willing to risk hard earned resources for the chance at the American Dream?

In his introductory remarks EB-5 Investor Visa conference chair Lincoln Stone referred to the visa as the “Golden Ticket.”  His description is spot on.  The visa has lead to investment across the US in areas that suffer higher rates of unemployment.  To be sure, it is a fast developing area.   Practitioners and entrepreneurs must master not only the intricacies of the law, but be sure to be aware of the ethical and fiduciary issues that come with the territory. Yet, it is beyond dispute that by attracting much needed capital to the US this visa category has the potential to indeed become a “Golden Ticket” for America.  What else can you say about a visa that by definition directly creates jobs for US workers and helps stimulate the US economy?

This author is of the opinion that any investment in the United States economy is a benefit to the nation as a whole. The beauty of the EB-5 visa program is that it provides for foreign nationals seeking a “Win-Win” situation for all of those involved in the process. The visa itself is a substantial benefit for the visa holder while the US economy gets the benefit of new jobs as well as fresh insights into business practices and methods for increasing productivity, efficiency, and in some cases employee morale.  That said, those seeking an EB-5 visa are well advised to contact an American attorney with experience in US Immigration matters as such a professional can provide highly beneficial information about the dynamics of the EB-5 program itself and the processing protocols for US Immigration petitions and applications arising therefrom.

The EB-5 program should not be confused with the E1 visa or the E2 visa. These programs offer differing visa benefits compared to the EB-5 visa.

For further information about American Immigration issues please see: Comprehensive Immigration Reform.

Adoption is one of the greatest things that people can do to provide love and care to orphaned children. This is especially true in cases where American or bi-national couples adopt orphans from less prosperous nations abroad. In the past, many Americans and foreign nationals have traveled to Nepal in order to adopt children from this small Asian nation. In a recent press release from the United States Citizenship and Immigration Service (USCIS), under the authority of the US Department of Homeland Security, it was announced that there will be new processing procedures in cases where Americans petition for immigration benefits in connection with adoption of orphans from Nepal. To quote the press release directly:

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) today announced that any U.S. citizen seeking to adopt a Nepali child, whose case is not affected by the suspension of processing of adoption cases involving Nepali children claimed to have been found abandoned, should file the Form I 600, Petition to Classify an Orphan as an Immediate Relative, with the U.S. Embassy in Kathmandu, Nepal.

Usually, Immigrant visa petitions are initially adjudicated by a USCIS office in the United States. This change to processing procedures seems to indicate that special considerations are being taken by Immigration officials tasked with adjudicating Nepali adoption based immigration petitions. To quote the aforementioned press release further:

This change in the filing location for the Form I-600 petitions applies to two groups of prospective adoptive parents who are not affected by the suspension. The first group is those who received a referral letter from the Government of Nepal’s Ministry of Women, Children and Social Welfare before Aug. 6, 2010, informing them of a proposed match of an abandoned child. The second group is those who seek to adopt Nepali children who were relinquished by known parent(s) and whose identity and relationship can be confirmed.

USCIS strongly encourages prospective adoptive parents to follow this procedure for their own benefit, based on growing concerns about unreliable documents, irregularities in the methods used to identify children for adoption in Nepal, and the resulting difficulties in classifying those children as orphans under U.S. immigration law. Please see the Aug. 6, 2010 announcement online regarding the suspension.

Verifying documentation can be a major issue in any Immigration proceeding, but this problem can be particularly acute in cases involving adoption. A decision, one way or the other, in an immigrant adoptee’s adjudication proceeding could have a tremendous impact upon the lives of everyone involved. Therefore, caution is required in order to attempt to ensure an equitable decision. The press release went on to state:

To file the Form I-600 petition with the U.S. Embassy in Kathmandu, prospective adoptive parents should complete and sign the Form I-600 and send the Form I-600 with all required supporting documents and evidence, other than the adoption or custody decree, to their respective local agency representatives in Nepal…Based on this filing, the U.S. Embassy in Kathmandu will then complete the required orphan determination before prospective adoptive parents travel to, or adopt a child in, Nepal.

Following this procedure will protect the interests of the prospective adoptive parents and the children by ensuring that the adoptive children will be eligible to immigrate to the United States before the prospective adoptive parents travel to Nepal and complete the Nepali adoption process. It is anticipated that most determinations will be completed within 90 days of receipt of the case by the U.S. Embassy in Kathmandu.

If, after completing its investigation of the case, the Embassy finds that the child qualifies as an orphan under U.S. immigration law, the prospective adoptive parents will be notified in writing that they may travel to Nepal to complete the adoption process.

It would seem that this new policy is designed to allow for increased scrutiny of relevant documentation in Nepali adoption cases. Consular Officers are often in a unique position to adjudicate pending immigration applications abroad. Should the officer find that the application is bona fide then he or she can issue the visa. If, on the other hand, the Consular Officer finds that there are further issues to be explored, then he or she can issue a 221g refusal and request for further evidence or deny the application outright based upon a ground of inadmissibility. In most immigrant visa applications, when Consular Officers deny the application, they usually do so pursuant to section 221(G) of the US Immigration and Nationality Act which allows the applicant to rectify the problem through presentation of further documentation or evidence.

For further information about American Immigration from Asia please see: US Visa India or K1 Visa Vietnam.

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

At first glance, the rise of legal process outsourcing services might seem like a detriment to the legal profession in the United States of America. In this author’s opinion this is not the case as legal process outsourcing is a natural and organic by-product of gloablization and will likely lead to more demand for legal services both in the United States and throughout the world. This increasing demand should result in new business for American attorneys in the United States and abroad. This demand is likely to increase on both a local and international level as new technologies and methods of doing business create new demands for legal services.

One of the reasons that this trend is so important is due to the fact that legal process outsourcing is poised to change the very nature of legal service. Many are accustomed to the notion of a “Brick and Mortar” law office, but, like many other fields, “Brick and Mortar” enterprises are being replaced by more flexible and adaptable legal service providers that can quickly adapt to client needs and requirements. Mobile technologies and high speed internet makes it likely that flexible legal processing solutions will be sought out by more individuals and businesses in the future. That said, there are many ethical considerations that must be dealt with as legal service becomes a globalized industry. The American Bar Association has provided some insight into the ethics of legal process outsourcing, to quote directly from the ABA’s Formal Opinion on the subject of legal process outsourcing:

There is nothing unethical about a lawyer outsourcing legal and nonlegal services, provided the outsourcing lawyer renders legal services to the client with the “legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation,” as required by Rule 1.1. Comment [1] to Rule 1.1 further counsels:

In determining whether a lawyer employs the requisite knowledge and skill in a particular matter, relevant factors include the relative complexity and specialized nature of the matter, the lawyer’s general experience, the lawyer’s training and experience in the field in question, the preparation and study the lawyer is able to give the matter and whether it is feasible to refer the matter to, or associate or consult with, a lawyer of established competence in the field in question. There is no unique blueprint for the provision of competent legal services. Different lawyers may perform the same tasks through different means, all with the necessary “legal knowledge, skill, thoroughness and preparation.”One lawyer may choose to do all of the work herself. Another may delegate
tasks to a team of subordinate lawyers and nonlegal staff. Others may decide to outsource tasks to independent service providers that are not within their direct control. Rule 1.1 does not require that tasks be accomplished in any special way. The rule requires only that the lawyer who is responsible to the client satisfies her obligation to render legal services competently.

The above cited passage should not be construed as definitive. Those interested in the ethical issues arising from legal process outsourcing should read the above cited opinion in detail to obtain a deeper insight into all of the ramifications of legal process outsourcing.

In this author’s opinion, the demand for legal services in America is going to increase exponentially as more individuals and companies begin conducting business on the internet. This will lead to an increasing demand for adaptable, creative, and innovative legal services that can be provided with alacrity by American firms utilizing outsourced legal processing services. Law firms in the 21st century must be prepared to provide clients with fast effective legal service in a relatively short period of time. The upside of legal process outsourcing is that it frees up time for American attorneys to provide evermore streamlined services to increasing numbers of clients.

For related information about the impact of the internet upon legal services please see: Ecommerce.

The spread of Ecommerce is one of the major business trends of the past 15 years. As the internet and world wide web have become ubiquitous throughout the world the international economy has seen an overall increase in sales of goods and services over the internet. Communications technology has allowed online businesses, big and small, the opportunity to deal with customers directly. However, many once settled legal issues are the topic of much discussion in legal circles as the multi-jurisdictional nature of the world wide web has completely changed the landscape of international trade and commerce.

An example of the legal paradigm shift in contract law can be seen in the drafting of so-called “Terms of Service” Agreements or TOS agreements. These types of agreements are becoming increasingly common as more social and business interaction occurs online. TOS agreements generally stipulate the type of services that will be provided by a website, or network of websites. Furthermore, the TOS agreement usally stipulates what type of conduct will be permitted on a given platform and the type of conduct which may give rise to a termination of services. Some in the legal community feel that usage of Terms of Service Agreements (TOS Agreements) is likely to increase in the foreseeable future. However, the increased usage of such agreements is likely to occur in countries which may not use English as a primary language. This is particularly the case in emerging markets where the language of courts and tribunals is not necessarily English. This will likely lead to an increasing demand for legal professionals from non-English speaking countries to assist in the drafting of TOS agreements. How non-English speaking courts view these types of agreements remains to be seen in some jurisdictions, but this author has little doubt that drafting of TOS agreements will be increasingly necessary as global ecommerce increases in markets such as Thailand, Singapore, Malaysia, Hong Kong, Taiwan, Indonesia, India, China, Africa, Brazil, Greater South America, and Oceania.

Transactional Law is a key component of ecommerce as usage of credit cards and other online financial instruments has increased exponentially with the spread of the world wide web. As established payment platforms grow and new payment platforms come into existence, the role of legal professionals will change dramatically as lawyers and attorneys are likely to be sought to assist in both the structuring of online payment platforms and drafting of documents ancillary to online payment for goods and services. Specialized legal counsel may be necessary for e-businesses, depending upon the structure of a given online enterprise and its payment platform.

As the needs of international business evolves so too will the services provided by legal professionals. As the internet creates new opportunities for investors and entrepreneurs, lawyers and attorneys will likely be providing ever more innovative legal solutions for Ecommerce business owners, managers, and professionals.

For related information about the rise of outsourced legal processing services please see: Legal Process Outsourcing.

Those with pending visa petitions and applications may have only had a passing experience dealing with the National Visa Center. For example, the National Visa Center plays a rather small role in the K1 visa process. Meanwhile those seeking a CR1 Visa or an IR1 Visa have probably had extensive dealings with the National Visa Center (NVC). In recent weeks, the NVC changed some of their processing policies for certain US Marriage Visas. Therefore, many of those seeking K3 Visa benefits have seen their application “administratively closed” by the NVC where the underlying I-130 arrived prior to, or contemporaneously with, the I-129f petition. In a recent announcement from the American State Department it was announced that NVC has begun a pilot program that many hope will eventually lead to simplification of the NVC document compilation process. To quote directly from the State Department’s announcement, as distributed through AILA:

The Immigrant Visa Electronic Processing Program is a pilot project which uses electronic communication and documentation methods to simplify and accelerate the immigrant visa application process. This program uses e-mail for communication and submission of all forms and documents to the NVC using the Portable Document Format (PDF). Under the Electronic Processing Program all forms will be downloaded, completed, signed (if required), scanned, saved as PDF files, and e-mailed to the NVC. Required civil documents and supporting documents must be converted to PDF files by scanning and e-mailed to the NVC. After the NVC has completed processing the applicant’s petition, the applicant will need to present the original physical documents to the US Embassy/Consulate at the time of the applicant’s visa interview. Failure to do so may cause a delay or denial of the visa being sought.

It is this author’s opinion that this policy change will have a tremendous impact upon the US visa process and will likely lead to faster visa processing in general. It will be interesting to see how this new program will impact US Consular Processing abroad. As noted in the announcement, original documentation will not be required by the NVC in some cases. Those who did not remit original documentation to the NVC may need to do so at the visa interview which usually occurs at a US Embassy or US Consulate with appropriate jurisdiction. Those who fail to remit such documentation may be subjected to a 221g refusal. In some cases, issuance of a 221g can delay a case by weeks, or in a limited number of cases the case could be delayed by months.

That said, those seeking visas to the United States are still well advised to seek the assistance of a competent licensed American attorney from the USA. Regardless of increased processing efficiency, there are many factors which can affect a visa application and competent advice and counsel can forestall unforeseen problems.

For related information please see: US Attorney Thailand.