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On this blog, we have previously discussed the notion of Comprehensive Immigration Reform. Many people feel that the time has come for a complete overhaul of the American Immigration apparatus. It would seem that most groups in the United States feel that a change is necessary, but no one seems to be able to agree about what kind of change needs to occur. Recently, the American Immigration Lawyers Association (AILA) made their opinion known in a press release:

“The American Immigration Lawyers Association (AILA) welcomed President Obama’s announcement that his commitment to comprehensive immigration reform is unwavering and that he would proceed with an overhaul of the immigration system this year if he could attract necessary Republican support…”

The announcement went on to list the ways in which the organization hopes to see the United States Immigration system reformed:

“AILA believes any effective, long-term solution to the immigration problem must: 1) require the undocumented population to come out of the shadows and earn legal status; 2) ensure that American businesses are able to hire the workers they need to help grow our economy while protecting U.S. workers from unfair competition; 3) reduce the unreasonable and counterproductive backlogs in family-based and employment-based immigration by reforming the permanent immigration system; and 4) protect our national security and the rule of law while preserving and restoring fundamental principles of due process and equal protection.”

Another blog post promulgated on the AILA Leadership blog was somewhat more critical of the recent Presidential announcement:

“[N]ews that Senators Schumer and Graham met with President Obama about immigration reform would have been a whole lot better if they had all committed themselves to actually rolling up their sleeves and getting to the hard work of introducing a bill, rather than just talking about one.”

There seems to be a feeling among many conservatives and liberals that the Immigration reform process is not moving forward at all and any official discussion of immigration issues simply results in political rhetoric. To quote the AILA Leadership blog further:

“True, the President reaffirmed his “unwavering” commitment to comprehensive immigration reform. But he didn’t actually commit the Administration to doing anything about it at this time. Rather, Obama’s carefully worded statement made clear that he will not likely do anything about the broken immigration system until it is politically feasible. As it stands now Congress is embroiled in a nasty partisan fight over health care reform, and not likely to be receptive to an immigration overhaul as the November election nears.”

Many have asked why this blogger writes about CIR in the USA as it will likely have little practical impact upon those seeking US Immigration benefits in Thailand. This author feels that although the family-based immigration system is unlikely to see a great deal of change, Comprehensive Immigration Reform will probably have many repercussions for those processing a visa application from Southeast Asia. If nothing else, the delays caused by processing changes could have a dramatic impact upon the process as a whole.

For further information about US Immigration from Thailand please see: US Visa Thailand.

Tags: American Immigration, CIR, Comprehensive Immigration Reform, US Immigration, US Immigration News, US Immigration Reform
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In a recent blog posting the former President of the American Immigration Lawyers Association (AILA), Mr. Charles Kuck, praised Congressman Luis Gutierrez for proposing an Immigration Reform Bill in the United States House of Representatives. Currently, some members of AILA feel that the American Immigration system is highly flawed and, to quote Mr. Kuck’s blog posting:

“The results are tragically similar, children separated from their parents, husbands separated from their wives, businesses unable to secure their future because of a lack of talent and skilled employment, and an economy unable to nimbly shift from the 19th and 20th century into the 21st century. As a country, we can no longer tolerate what has become a human disaster.“

The human perspective of United States Immigration policy is an aspect that some lawmakers fail to consider, but one that they probably should not overlook because America is a nation founded by immigrants and it is our immigrant heritage that makes America a vibrant and innovative nation. The most disturbing facet of the current United States Immigration infrastructure is the fact that it does have a tendency to keep family members separated for, what can turn out to be, a substantially long period of time. For those couple who follow the proper immigration procedures it could still take longer than one year to re-unite a couple.

Of further importance is the need to rectify the US Immigration apparatus with regard to same-sex couples. Unfortunately, due to provisions in the Defense of Marriage Act, it is not possible for same-sex married couples to obtain US Immigration benefits based upon a lawfully executed marriage. There are advocates in the House of Representatives and Senate who wish to change this unfortunate state of affairs, but it seems that they have an uphill battle ahead of them.

Another critical aspect of US Immigration that is desperately in need of an overhaul is the area of employment based visas. Although America is only slowly coming out of “The Great Recession” and is still reluctant to allow more foreign workers into the American labor force, this is a necessity as foreign highly-skilled workers keep the US economy on the cutting edge of both innovation and technology. The United States does itself a disservice by prohibiting foreign skilled workers from entering the country. Hopefully Congressman Gutierrez will be able to get this much needed bill passed and usher in a modern era in US Immigration.

Tags: American Visa, Comprehensive Immigration Reform, Congressman Luis Gutierrez, Same Sex Immigration, same sex visa, US Immigration, US Immigration Thailand, US Visa Thailand, US Visas
Posted in General Legal Information, Legal Opinion, Miscellaneous, Upcoming Legislation, US Visa and Immigration, US Visa Thailand | No Comments »

Congress is set to end their recess soon and one of the important issues that will be on the legislative agenda is Comprehensive Immigration Reform. In the last Congressional session, this important legislation was sidelined by other important issues such as Health Care Reform and issues the impact of Americans upon the environment. To quote Immigration Impact: Comprehensive Immigration Reform (CIR), “has grown increasingly complex, partisan, and ideological, the chances of completing CIR legislation before 2009 ends further diminish. That’s not to say, however, that nothing is happening.”

One of the major obstacles in getting a Comprehensive Immigration Reform bill through Congress is the fact that it is, well…so…Comprehensive. What I mean to say is: Comprehensive Immigration Reform would require a complete overhaul of the Immigration system which impacts many political factions and such an overhaul is bound to have detractors and proponents of each facet effected.

For example, in the realm of United States Family immigration, there are some who believe that the minimum 6 to 7 month wait to bring a foreign fiancee or spouse to the United States is far too much time to wait. One proposed solution to this problem is: allowing non-immigrant dual intent family visa to be filed directly at the Embassy or Consulate overseas. The K1 visa and the K3 visa are dual intent non-immigrant visas which means that the visa holder can intend to both go to the US temporarily and simultaneously have the intent to remain long term.  Those entering the United States on one of these visas will eventually need to adjust status to permanent residence. At that time, the officers at the United States Citizenship and Immigration Service will adjudicate whether or not the applicant should be accorded lawful permanent resident status. The current Immigration situation begs the question: how does pre-authorizing K1 and K3 non-immigrants add value to the US Immigration Process? The system, at the very least, seems redundant.

A likely result of Comprehensive Immigration Reform will be a large backlog of cases involving undocumented aliens in the United States of America. The current resources used to pre-authorize K1 and K3 visas could be rediverted to adjudicating cases of undocumented aliens while those seeking K1 and K3 visas could begin filing directly with the United States Consular posts abroad. The argument that preapproval is necessary for Immigrant visas (such as the IR1 and CR1 visa) rings a bit more true since those entering the United States on this visa receive permanent residence upon entry.

Tags: CIR, Comprehensive Immigration Reform, CR1 Visa Thailand, Immigration Process, K1 Visa Thailand, K3 Visa Thailand, US Visa Thailand
Posted in Adjustment of Status, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, Legal Opinion, Miscellaneous, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

As many people around the globe have no doubt heard, the venerable Senator Kennedy recently passed away. We on this blog would like to offer our heartfelt condolences to his family as they mourn his death. The loss of Senator Kennedy is something of a setback for the immigrant rights movement as he was a staunch supporter of many initiatives aimed at helping those who had immigrated to the United States of America. To quote an email sent out by the American Immigration Law Foundation:

Senator Kennedy was the driving force behind every significant piece of immigration legislation over the past 40-plus years. Most recently, Senator Kennedy co-authored a comprehensive immigration reform bill which failed to pass in 2007. Upon its defeat Senator Kennedy said, “Immigration reform is an opportunity to be true to our ideals as a nation. Our Declaration of Independence announces that all of us are created equal. Today, we failed to live up to that declaration for millions of men and women who live, work, and worship beside us. But our ideals are too strong to be held back for long.”

With an impending debate upon the future course of American Immigration policy one wonders if the loss of Mr. Kennedy will have an impact upon the ultimate outcome of Comprehensive Immigration Reform.

Senator Kennedy was an ardent defender of same sex couples. Senator Kennedy took many stands in support of the Lesbian, Gay, Bi-sexual, and Trans gender (LGBT) community.To quote another website:

“In the 1990′s Kennedy became the clear Senate leader in the fight to end discrimination against members of the LGBT community, and to fund programs for HIV/AIDS prevention and treatment. He was also one of the very few senators to vote against the Defense of Marriage Act (DOMA).”

As we have mentioned previously on this blog, one of the interesting issues involved in the current debate about US Immigration Reform is that of same sex couples who are currently barred from reuniting with loved ones due to the fact that the Defense of Marriage Act (DOMA) precludes Federal acknowledgment of their relationship. This means that a same sex couple who validly marries  and tries to obtain Immigration benefits will be denied because DOMA does not recognize their marriage, even if the marriage occurred in a US state which recognizes same sex marriage (like Massachusetts). Further, under current legislation the same sex couple cannot obtain a K1 visa if the underlying intention is to marry in the US.

Mr. Kennedy’s death is sad, but his spirit lives on in the continued debates about Immigration reform.

Tags: American Immigration, CIR, Comprehensive Immigration Reform, Edward Kennedy, Ted Kennedy, US Immigration
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Last week, United States President Barack Obama stated that reform of the US Immigration system is an important issue and one that will not be placed on the “backburner.” In the United States Congress and Senate, the Immigration debate is coming to the forefront with two proposed bills being brought to the floor in the next session. One proposed bill would stiffen enforcement and security measures with regard to illegal immigrants while creating more opportunities for immigrants to enter the United States legally.

The publication Businessweek reports that another proposed bill would, “limit the granting of H-1Bs, visas that are especially popular among U.S. tech companies like Microsoft as well as Indian IT services outsourcers like Infosys and Wipro.”

This same article makes note of the major contributions that many immigrant groups have made to the economy of the United States of America. There is a pervasive belief that only immigrant groups in the distant past have made a substantial positive impact upon the United States economy. As Businessweek points out, the Technology sector of the American economy has been greatly enhanced by immigrants to the United States as companies such as Google, Coca Cola, Pepsi, Motorola, and Berkshire Hathaway were either founded by, or currently managed by members of the American immigrant community.

An interesting aspect of the current immigration debate is the fact that it will occur at a time of decreased immigration to the USA. To further quote Businessweek:

“Ironically, the latest immigration fight will take place at a time when the U.S. has become a less attractive destination for many immigrants. Because of the recession, there’s less demand for low-cost labor. But the U.S. is also turning out to be less attractive for highly educated workers, too.”

As the People’s Republic of China and Asia generally becomes a more important region of the global economy, it stands to reason that more immigrants will be drawn to that continent in order to seek business opportunities. Hopefully, this fact will be taken into account when legislation regarding comprehensive immigration reform is drafted because in order to remain on the cutting edge of innovation the United States must continue to be viewed as the “land of opportunity,” by talented and ambitious prospective immigrants. Ideally, the proposed legislation to reform the American Immigration system will contain provisions that will make it easier for highly educated and highly skilled foreign labor to enter the United States.

For related information please see:

K1 visa

K3 visa

Tags: Comprehensive Immigration Reform, US Immigration, US Immigration Law, US Immigration Policy, US Visa
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As the Obama Administration continues to put together a cogent piece of Comprehensive Immigration Reform legislation, immigrant communities in the United States of America are becoming more politically active in an effort to make their views regarding the Immigration situation known.

One immigrant group of particular interest is that of first and second generation Asian-Americans. The blog Immigration Impact recently discussed the political clout that these Asian groups are beginning to harness:

“According to the Asian American Justice Center, there are currently more than 15 million Asian Americans residing in the United States—the majority of whom are foreign born and thus have firsthand knowledge of our woefully outdated immigration system. Countless Asians are caught in the family immigration backlogs and remain separated from close family members, and there are more than 1 million undocumented Asians in the U.S. today. Because the broken immigration system affects them in such a personal way, many in the Asian American community are banding together this week to attend town hall meetings with members of Congress, hold press conferences and petition lawmakers to fix our currently broken immigration system that restricts due process rights, breaks up families, and ultimately hurts the economy.”

The United States Embassy in Thailand processes a large number of US visa cases each year. Among the many US family based petitions are those for the K1 visa and Immigrant visas based upon an I-130 application and these are probably the most popular American visa categories.  The people entering on these types of visas eventually take up Permanent Residence either through adjustment of status or upon entry as an intending immigrant. Once stateside, many of these Thai immigrants in the United States eventually go on the naturalize as United States Citizens. These immigrants and their children have something of a unique opinion regarding immigration reform and as such it is most likely a net positive if they enter the public discourse on this important issue.

As Citizens or Lawful Permanent Residents of the United States, Asian American Immigrants probably account for a disproportionately large number of family based petitions in lower preference categories. A result of this situation is the fact that many of these families remain apart for long periods of time due to the quotas set on the various immigrant visa categories and the large caseload being processed by the United States Citizenship and Immigration Service (USCIS). Hopefully, Comprehensive Immigration Reform will untie the Gordian Knot of US Immigration for these separated families while at the same time assuring that America is safe and secure.

Tags: American Visa Thailand, CIR, Comprehensive Immigration Reform, K1 Visa Thailand, US Immigration, US Visa Thailand, USCIS
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, Legal Opinion, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

As President Obama appears to be retreating from campaign promises for Comprehensive Immigration Reform, there are new reports emerging that Immigration may be a boon to the economy of the United States of America.

The Wall Street Journal’s website from August 18, 2009 is quoted as stating:

“A new study published by the Cato Institute finds that the focus on repelling immigrant labor does more harm than good to the U.S. economy. “Increased enforcement and reduced low-skilled immigration have a significant negative impact on the income of U.S. households,” write Peter Dixon and Maureen Rimmer, the study’s authors. “In contrast, legalization of low-skilled immigrant workers would yield significant income gains for American workers and households.” A program that allowed more low-skilled foreigners to enter the U.S. workforce lawfully would put smugglers and document-forgers out of business, explain the authors. “It would also allow immigrants to have higher productivity and create more openings for Americans in higher-skilled occupations.”

Though somewhat counter intuitive, the tightening of security measures at United States borders may be helping to keep the American economy in the doldrums.

Of further interest in the Wall Street Journal’s article regards Mr. Obama’s backpedaling on the major issues involving American Immigration. To further quote the Wall Street Journal online:

“President Obama continues his quiet retreat from a campaign pledge to make comprehensive immigration reform “a top priority in my first year as President.” Following a summit meeting in Guadalajara last week with the leaders of Mexico and Canada, Mr. Obama said that an immigration overhaul will have to wait until next year.”

In the next Congressional session it is hoped that Comprehensive Immigration Reform will be dealt with and the current problems associated with large numbers of illegal aliens in the United States will finally be put to rest. Of further concern to some immigration equality advocates  is the issue of US family based visas for couples of the same sex. Currently the Defense of Marriage Act bars the Federal government from granting US Immigration benefits based upon a same sex marriage or an intent to enter into a same sex marriage.

However, these issues are resolved the underlying issue is one of decisiveness. The current Presidential Administration needs to begin making some difficult choices with regard to immigration. Many of these choices will not be well received by all segments of the United States population. Nonetheless, definitive action needs to be taken as many people in the United States continue to live in a kind of limbo and many couples remain separated from their loved ones abroad.

Tags: Comprehensive Immigration Reform, same sex visa, US Immigration, US Visa
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There appears to be growing frustration among many groups who supported President Barack Obama when he was campaigning for the White House. During his bid for the Presidency, Mr. Obama was quite vocal about the need to reform the current immigration system in the United States of America. However, as Mr. Obama’s Presidency has begun as a very busy administration, Comprehensive Immigration Reform (CIR) has seemed to have been shunted to the “back burner.”

In a recent web posting entitled, “Obama Pushes Immigration Reform to 2010, Jokes About Being Called ‘an Illegal Immigrant’” the author, Diego Graglia,wrote:

“Obama added he can’t get immigration reform passed on his own. “It’s important that people realize that things don’t happen because the President snaps his fingers. I can’t do all this by myself,” he said. He asked that grassroots groups continue to organize and mobilize for reform and that members of Congress face the political risks involved.”

Although it is correct that the President cannot solve all political problems by snapping his fingers, this comment does beg the question: then what can he do? Certainly it takes more than simply snapping one’s fingers, but at the same time the President wields a great deal of hard, soft, indirect legislative, and overt executive power. Certainly, he of all people could at least attempt to bring about some sort of compromise measure that would not require as much political capital.

At the same time, there are those who argue that Obama has too many current problems to deal with and Immigration reform is an issue that should be dealt with when the President has enough time to devote his full attention to this incredibly important issue. With the economy only beginning to show signs of recovery and foreign commitments to sort out, the President has many urgent and pressing problems to deal with. However, many have argued that Immigration reforms are more important as Immigration problems have an impact upon both the domestic economy and foreign policy.

An issue that is increasingly becoming entangled with Comprehensive Immigration Reform is that of US Immigration benefits for same sex couples. There are some who believe that United States Immigration benefits for same sex bi-national couples will likely be dealt with in provisions of CIR legislation. It is too soon to tell, but it seems logical that if Comprehensive Immigration Reform is considered to be a secondary issue, then Immigration benefits for same-sex couples may get short shrift as well, at least for now.

Tags: CIR, Comprehensive Immigration Reform, same sex visa, US Immigration Law, US Visa
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