Integrity Legal

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

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

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

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

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

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

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Service (USCIS) attempted to put a hold on deportations involving same sex bi-national couples before having that hold rescinded by the Department of Homeland Security (DHS).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

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

Tags: American government shutdown, Defense of Marriage Act, Department of Homeland Security, Department of State, House Speaker John Boehner, LGBT community, LGBT Equal Immigration, President Obama, Senate Majority Leader Harry Reid, United States Citizenship and Immigration Service, Uniting American Families Act, US government shutdown, USCIS
Posted in Editorial, News, Opinion | No Comments »

This blogger writes this post in transit between the Vientiane, Laos and Bangkok, Thailand having been retained to assist with Consular Processing at the Post in Laos. It came to this blogger’s attention while physically outside of the US Embassy compound that the Post in Vientiane will be closed on April the 8th for training purposes. This alone would not have concerned this blogger a great deal as United States Missions abroad routinely close local posts in order to use the closure as an opportunity to train personnel. Therefore, those reading this should not necessarily make the assumption that the Post in Vientiane is closing in anticipation of a government shutdown. That said, the forthcoming information, in conjunction with that noted above gave this blogger pause.

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

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

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

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

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

Tags: American Embassy Laos, American Embassy Thailand, American government shutdown, American Visa Process Government Shutdown, CR-1 Visa Process Government Shutdown, Department of States, EB-5 Visa Process Government Shutdown, IR-1 Visa Process Government Shutdown, K-1 Visa Process Government Shutdown, L-1 Visa Process Government Shutdown, us embassy bangkok, US Embassy Laos, us embassy thailand, US Embassy Vientiane, US government shutdown, US Visa Laos, US Visa Process Government Shutdown, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, News, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Vladivostok, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Brunei Darussalam, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Kyrgyz Republic (Kyrgyzstan), US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Russia, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Turkmenistan, US Embassy Tuvalu, US Embassy Uzbekistan, US Embassy Vietnam, US Embassy Yangon, US State Department, US Tourist Visa, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In recent months the likelihood of a government shutdown seems to be increasing as the politicians in the United States capital seem to be more polarized than ever. Meanwhile, some are arguing in favor of a shutdown (even going so far as to advocate for an extended period of governmental closure). At the same time, others argue against a shutdown. Regardless of one’s opinion either way, it seems possible that a shutdown may occur, and in the event that a shutdown does come to pass, those processing an immigration matter may be prudent to research the impact that a shutdown might have upon the immigration process.

The following was quoted directly from a recent posting on the website CaldwellTeaParty.org:

The next month will be marked by intense negotiations on the debt ceiling, and the GOP will then have to decide on a shutdown or a bipartisan budget deal with Kent Conrad and his allies.

The above citation most clearly and concisely sums up the current state of affairs regarding the possibility of a government shutdown. The administration encourages readers to click on the above links as this issue is quite complex. Those interested in understanding the ramifications of a government shutdown may be best informed by this administration quoting directly from Wikipedia:

A government shutdown occurs when a government discontinues providing services that are not considered “essential.” Typically, services that continue in spite of a shutdown include police, fire fighting, armed forces, utilities, air traffic management and corrections.

A shutdown can occur when a legislative body (including the legislative power of veto by the executive) cannot agree on a budget financing its government programs for a pending fiscal year. In the absence of appropriated funds, the government discontinues providing non-essential services at the beginning of the affected fiscal year. Government employees who provide essential services, often referred to as “essential employees”, are required to continue working.

Although the above citation clears up the issue of what constitutes a government shutdown, the question likely on the mind of those with foreign loved ones processing through the immigration system is: how would a government shutdown impact the processing of my loved one’s visa? The answer: a Federal government shutdown would result in a sort of “freeze” of most of the immigration apparatus as this falls within the bailiwick of the Federal government. Therefore, a Federal shutdown would likely result in little, if any, action being taken with regard to adjudication of visa applications  at each US Embassy or US Consulate abroad. For further insight it may be best to quote directly from a recent posting on the Diplopundit blog:

In 1995, all visa applications are walk-in.  Today, a good number of consular sections have online appointment systems. Which means, visa appointments will have to be canceled and rescheduled if there is a shutdown.  Consular sections may only be open for life and death emergencies. That means lost passport applications, reports of births abroad, adoption cases, notarials, etc. will all have to wait until the Federal government reopens.

The administration of this blog highly encourages readers to click on the above hyperlinks as the quotation above was found in a very interesting and detailed posting dealing with these issues.

Clearly, the ramifications of a government shutdown will be severe for those awaiting processing of a visa application. Meanwhile, it would appear as though USCIS will continue to operate as normal despite a possible shutdown. To quote directly from the website Martindale.com:

USCIS has announced that, because it is funded by filing fees, it should remain open during a government shutdown. The operations of the four Service Centers should remain largely unaffected. Local USCIS District Offices should also remain open.

Again, this blogger highly encourages readers to click on the hyperlinks above to learn more.

Notice that the above quotation uses the word should. This blogger only points this out as it goes to show how difficult it is to foretell what the impact of a government shutdown would be on the United States Citizenship and Immigration Service (USCIS) since that agency has attempted to remain self-funded through application fees. That said, the overall issue of government shutdown has yet to fully manifest itself, but that should not be construed to mean that it will not. In fact, those seeking American visas are likely to see an overall slowdown in the overall processing of cases as a result of a shutdown (should one actually occur, which remains to be seen).

Tags: American government shutdown, American Visa Process Government Shutdown, US Consulate shutdown, US Embassy shutdown, US government shutdown, US Visa Process Government Shutdown, USCIS shutdown
Posted in CR1 Visa, Department of Homeland Security, E1 visa, E2 Visa, EB5 Visa, I-601 Waiver, IR1 Visa, J1 visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, News, Transportation Security Administration (TSA), US Business, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Vladivostok, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Brunei Darussalam, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Kyrgyz Republic (Kyrgyzstan), US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Russia, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Taxes, US Tourist Visa, US Visa, US Visa and Immigration, US Visa Thailand, USCBP, USCIS, USICE, Visa Waiver | No Comments »