Integrity Legal

Those who follow this website with any frequency may be aware of the fact that the administration of this web log routinely posts the processing times for the various service centers of the United States Citizenship and Immigration Service (USCIS) as a courtesy to the public at large. To quote directly from the official website of USCIS, USCIS.gov:

Readers are asked to bear in mind that the above cited estimations do not take into consideration processing at the National Visa Center. Furthermore, these estimates also do not take into consideration Consular Processing at a US Embassy, US Consulate, or American Institute abroad.

Tags: American Consulate, American Embassy, Consular Processing, CR-1 Visa, CR-1 Visa Processing Time, CR1 Visa, CR1 Visa Processing Time, IR-1 Visa, IR-1 Visa Processing Time, IR1 Visa, IR1 Visa Processing Time, K-1 Visa, K-1 Visa Processing Time, K-2 Visa, K-2 Visa Processing Time, K-3 Visa, K-3 Visa Processing Time, K1 Visa, K1 visa processing time, K2 Visa Processing Time, K3 Visa, K3 Visa processing time, K4 Visa Processing Time, National Visa Center, United States Citizenship and Immigration Service, US Consulate, US Embassy, USCIS, USCIS Processing Time, USCIS Processing Times
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It recently came to this blogger’s attention that there is some speculation regarding the possibility that some sort of repeal of the so-called “Defense of Marriage Act” (DOMA) may not necessarily be forthcoming. To provide further insight it is necessary to quote directly from the official website of the Lez Get Real website, LezGetReal.com:

None of us have seriously expected that the House of Representatives would take up the Respect for Marriage Act. After all, the Republicans have to try and hold onto what is left of their base, and at this point, they are just scared that the rest of the country is going to turn their back on them…It is not surprising. Boehner is wasting valuable money in order to defend the Defense of Marriage Act in court after parts of it were declared unconstitutional and President Barack Obama abandoned the defense of it on that basis…

This blogger asks readers to click upon the hyperlinks noted above to read this insightful article in detail.

The question that this blogger would pose regarding Republican support (or lack thereof) for at least a change to DOMA is this: since when did Republicans casually overlook glaring issues such as that of States’ Rights? Pursuant to the Full Faith and Credit Clause of the Constitution of the United States of America public acts, records, and judicial proceedings of every State shall receive Full Faith and Credit from that State’s sister States. Although the federal government is permitted to regulate as to the “effect” of such acts, proceedings, and records; it would appear to this blogger that said government is not permitted to abrogate State acts, proceedings, and records via mere “non-recognition”. That stated, a final resolution on these issues has yet to be seen.

On a related topic, it would appear that the sovereign State of New York has heeded the call of her citizenry and thereby placed them one step closer to the ultimate goal of full LGBT Equality. In order to provide sufficient insight it is necessary to quote directly from the official website of the New York Post, NYPost.com:

The Big Apple said “I do” to a new era of gay rights this morning and celebrated New York City’s first same-sex weddings. Chelsea residents Phyllis Siegel, 77, and Connie Kopelov, 85, got hitched at the marriage bureau on Worth Street in Lower Manhattan at 9:02 a.m., setting off wedding bells across Gotham. City Council Speaker Christine Quinn, who is openly gay, witnessed the ceremony that was officiated by City Clerk Michael McSweeney. ‘‘It was just so amazing,’’ said Siegel, who has been with her love for 23 years. ‘‘It’s the only way I can describe it. I lost my breath and a few tears.’’ She added: ‘‘This is the first day of the rest of our lives…’’

The administration of this web log asks readers to click upon the hyperlinks noted above to learn more from this well written article.

The State of New York joins other American States such as the Commonwealth of Massachusetts in providing marriage benefits to same sex couples. Frequent readers of this blog may note that this news is perhaps cold comfort to the many same sex bi-national couples who are currently separated due to enforcement of the provisions of DOMA. Pursuant to the language of DOMA, even those who have entered into a same sex marriage in one of those jurisdictions in which said unions are legalized and/or solemnized are not permitted to obtain visas such as the K-1 visa, CR-1 visa, or IR-1 visa in the same way as different-sex couples. That stated, proposed legislation such as Representative Jerrold Nadler‘s Uniting American Families Act (UAFA) or the Respect for Marriage Act (RFMA) should resolve these issues, but passage of said legislation remains to be seen.

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

Tags: City Council Speaker Christine Quinn, Commonwealth of Massachusetts, CR-1 Visa, Defense of Marriage Act, DOMA, House of Representatives, IR-1 Visa, K-1 Visa, New York City's first same-sex weddings, President Barack Obama, Representative Jerrold Nadler, Republicans, Respect for Marriage Act, Same Sex Bi-National Couples, same sex couples, Same Sex Marriage, same-sex weddings, State of New York, Uniting American Families Act
Posted in same sex visa | No Comments »

It recently came to this blogger’s attention that multiple media outlets are reporting upon the recent Senate hearings discussing the so-called “Defense of Marriage Act” (DOMA). In order to provide sufficient insight it is necessary to quote directly from the official website of Lez Get Real, LezGetReal.com:

Al Franken looks bored. That is not surprising. Committee hearings are rather boring. The Senate Judiciary Committee has been hearing evidence both for and against repealing the Defense of Marriage Act. While the hearing heard testimony about the financial and symbolic damage that DOMA does to couples, it is unlikely that the Respect for Marriage Act will get anywhere in the House where the Republicans will ignore it. Heading up the push for the RFMA is Vermont Senator Patrick Leahy. When DOMA first came in, Senator Leahy voted for it, but a decade and a half later, he has changed his mind and is pushing to end it. He has also hailed the decision by President Barack Obama to support the repeal of DOMA…

This blogger asks readers to click upon the hyperlinks noted above to learn more from this interesting story. This blogger must admit that he was rather pleasantly surprised by the questioning posed by Senator Al Franken which can be viewed by clicking on the relevant links above.

Those unfamiliar with the currently unfolding debate involving DOMA should note that that legislation in its present form precludes those in a same sex marriage (even one solemnized and/or legalized by one of the sovereign American States) from receiving similar benefits compared to those in a different-sex marriage. For example, a same sex bi-national couple is unable to obtain visa benefits such as the K-1 visa, the IR-1 visa, or the CR-1 visa in the same manner as their different-sex counterparts. Meanwhile there are many other federal benefits that are not generally accorded to same sex partners. In order to provide further elucidation on these points it is necessary to quote directly from The New Civil Rights Movement website, TheNewCivilRightsMovement.com:

Immigration for Bi-​National Couples. Nearly 26,000 same-​sex couples in the United States are bi-​national couples who could be forced to separate because they cannot participate in green-​card and accelerated citizenship mechanisms offered to non-​citizen spouses of American citizens…There are 581,300 same-​sex couples in the United States, including 50,000 to 80,000 legally married same-​sex and another 85,000 who are in civil unions or registered domestic partnerships. Approximately 20% of same-​sex couples are raising nearly 250,000 children, and DOMA deprives them of the legal and social protections being married offers. Additionally, almost one-​fourth of same-​sex partners are people of color, over 7% of individuals in same-​sex couples are veterans of the U.S. armed forces, and same-​sex couples live in every congressional district and in almost every county in the United States…

The administration of this blog asks readers to click through the hyperlinks noted above to read this very insightful article in full.

It should be noted that in the United States House of Representatives legislation such as the Uniting American Families Act (UAFA) and the Respect for Marriage Act (RFMA) have been introduced by Representative Jerrold Nadler in order to provide some sort of remedy to the current predicament faced by LGBT couples. As noted in the first excerpt quoted there is pessimism regarding the reaction of Republican legislators to the aforementioned proposed legislation. That stated, there are significant States’ Rights implications of these issues especially in light of the language regarding Full Faith and Credit in the Full Faith and Credit Clause of the United States Constitution. Therefore, speculation regarding willful ignorance of issues pertaining to DOMA and the RFMA by the United States House of Representative may ultimately prove unfounded although vigilance may still be necessary in the continuing struggle for LGBT Equality.

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

Tags: Citizenship, CR-1 Visa, Defense of Marriage Act, DOMA, DOMA repeal, Full Faith and Credit, Full Faith and Credit Clause, Green Card, Immigration for Bi-​National Couples, IR-1 Visa, K-1 Visa, LGBT couples, President Barack Obama, Representative Jerrold Nadler, Respect for Marriage Act, RFMA, Same Sex Marriage, same sex partners, same-​sex couples, Senate Judiciary Committee, Senator Al Franken, Senator Patrick Leahy, States' Rights, U.S. armed forces, uafa, Uniting American Families Act
Posted in same sex visa | No Comments »

It recently came to this blogger’s attention that the President of the United States of America may be changing his position on the issue of same sex marriage in the context of a repeal of the so-called “Defense of Marriage Act” (DOMA). To quote directly from an article written by Helene Cooper and posted on the official website of the The New York Times, NYTimes.com:

WASHINGTON — President Obama will endorse a bill to repeal the law that limits the legal definition of marriage to a union between a man and a woman, the White House said Tuesday, taking another step in support of gay rights. Jay Carney, the White House press secretary, said Mr. Obama was taking the additional step away from the Defense of Marriage Act — which the administration said earlier this year it would no longer defend in court — in order to “uphold the principle that the federal government should not deny gay and lesbian couples the same rights and legal protections as straight couples.” If the measure passes, it would make same-sex couples eligible for certain federal benefits that have previously been available only to heterosexual married couples…

The administration of this web log strongly encourages readers to click on the hyperlinks above to read this article in detail.

This news comes virtually contemporaneously with the announcement that the United States Senate’s Judiciary Committee is set to hold hearings on the issue of DOMA and the possible promulgation of legislation such as the Respect for Marriage Act. Such legislation would provide “certainty” to those same sex couples who have married in one of the States which allows same sex unions. Currently, same sex bi-national couples are barred from receiving American immigration benefits such as the CR-1 visa, K-1 visa, or IR-1 visa as section 3 of DOMA precludes awarding such benefits even if a same sex marriage has been legalized and/or solemnized by one of the sovereign American States.

In related news, it would appear as though advocacy groups calling for the repeal of DOMA are stressing the immediacy of the upcoming hearings and how a show of support could have a positive impact upon the legislative process. In order to shed further light upon these developments it is necessary to quote directly from the Instinct website, InstinctMagazine.com:

With the Senate set to begin the DOMA hearing tomorrow, the Courage Campaign is asking the community to help get the urgency across by participating in a new viral campaign. But no signatures here! Find out how to get involved after the jump. Two years ago, Courage Campaign launched “Fidelity,” a multimedia video focused on Prop. 8, urging the courts to not forcibly divorce same-sex families. With the first-ever repeal hearing for the Defense Of Marriage Act about to begin tomorrow in D.C., community leaders are calling on us all to get involved with “Fidelity II…”

The administration of this web log encourages readers to click upon the hyperlinks noted above to read further from this interesting posting.

It remains to be seen how these issues will play out, but it should be noted that there are other considerations inherent to this issue apart from Civil Rights and Equal Protection principles. For example, there are certain States’ Rights components to an analysis of American jurisprudence regarding the legality of the federal government’s refusal to recognize same sex marriages legalized and/or solemnized in the sovereign States since notions of Full Faith and Credit pursuant to the Full Faith and Credit Clause of the United States Constitution come into play. Meanwhile, there are some who could argue that notions of natural rights and natural law should not be overlooked in any analysis of possible DOMA repeal. As this situation continues to evolve it should prove interesting to see how this issue is ultimately resolved.

Tags: certainty, civil rights, Courage Campaign, CR-1 Visa, Defense of Marriage Act, divorce same-sex families, DOMA, equal protection, Fidelity, Fidelity II, Full Faith and Credit, Full Faith and Credit Clause, heterosexual married couples, IR-1 Visa, K-1 Visa, legal definition of marriage, legislative process, LGBT Equality, President Obama, Prop 8, Respect for Marriage Act, saem sex visa, same sex civil union, same sex couples, Same Sex Marriage, Same Sex Partner, same-sex families, section 3 of DOMA, States' Rights, union between a man and a woman, United States Senate's Judiciary Committee, White House press secretary
Posted in same sex visa | No Comments »

It recently came to this blogger’s attention that the naval chiefs of the nations which comprise the Association of Southeast Asian Nations are set to meet in Hanoi, Vietnam in upcoming days. To provide further insight it is necessary to quote directly from the official website of China Daily, ChinaDaily.com.cn:

HANOI – The 5th ASEAN Naval Chiefs’ Meeting (ANCM-5) will be held in Vietnam on July 26-29, with participation of naval commanders from nine ASEAN member countries and the Lao defense attache in Vietnam. According to Vietnam News Agency on Tuesday, it is the first time Vietnam hosts such defense cooperation event, during which delegates will share views and discuss cooperative measures to respond to security challenges in the region, among other issues…

This blogger asks readers to click upon the hyperlinks noted above to learn more from this insightful article.

This news comes upon the heels of news that the American President is scheduled to attend an upcoming ASEAN meeting. Meanwhile, ASEAN leaders are apparently in continued discussion regarding a communique pertaining to the South China Sea. Finally, it would appear as though there may be further discussion regarding an ASEAN visa which would operate in a similar manner to the Schengen Visa. How all of these developments will ultimately play out remains to be seen, but they are certainly of interest for those in the region.

In news related to the struggle for LGBT Equality this blogger recently came upon an interesting posting discussing the current legal position of the LGBT community in light of continued enforcement of the so-called “Defense of Marriage Act” (DOMA). To quote directly from a posting by Peter J Reilly on the official website of Forbes, Forbes.com:

One of my earliest and most popular (pre-Forbes) posts was on the case of Rhiannon G. O’Donnabhain, who wanted to deduct the cost of gender reassignment surgery as a medical expense.  The IRS argued that the procedure was “cosmetic surgery” and not deductible.  Ms. O’Donnabhain prevailed.  Then came Gill V OPM.  As I noted in my inaugural Forbes post, marital status impact over 1,000 “benefits, rights and privileges” in the United States Code.  Section 3 of the Defense of Marriage Act (DOMA) holds that a couple is not married for any federal purpose unless they are of the opposite gender and that the word spouse means a person of the opposite gender.  In Gill v OPM a district court ruled that Section 3 of DOMA had no rational basis.  There were several plaintiffs in Gill, all legally married in Massachusetts, arguing for a variety of benefits including that of filing a joint return…

Those interested in such issues are strongly encouraged to click upon the relevant hyperlinks above to read this interesting posting in detail.

Section 3 of DOMA also has significant ramifications in an American immigration context as even those who have entered into a same sex marriage in a State which legalizes such unions cannot use said marriage as a basis to petition for spouse visa benefits (such as the CR-1 visa and the IR-1 visa). Concurrently, as such unions are not recognized by the United States federal government a petition for a same sex K-1 visa would also not be permissible so long as DOMA remains in place.  Bearing that in mind the reader should note that legislators such as Representative Jerrold Nadler and Representative Mike Honda have introduced legislation such as the Respect for Marriage Act, the Uniting American Families Act (UAFA), and the Reuniting Families Act in order to provide some sort of remedy for the current discrimination being borne by same sex bi-national couples and the LGBT community as whole. As of the time of this writing none of the above legislation has seen passage although with an upcoming Senate Judiciary Committee hearing set to discuss DOMA there is hope that this discrimination will not continue indefinitely.

Tags: 5th ASEAN Naval Chiefs' Meeting, American Immigration, ANCM-5, any federal purpose, ASEAN, ASEAN Visa, ASsociation of Southeast ASian Nations, benefits, CR-1 Visa, defense cooperation event, Defense of Marriage Act, gender reassignment surgery, Gill V OPM, IR-1 Visa, IRS, Lao defense attache, legally married in Massachusetts, LGBT community, LGBT Equality, privileges, rational basis, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Reuniting Families Act, rights, Section 3 of the Defense of Marriage Act, Senate Judiciary Committee hearing, South China Sea, spouse means a person of the opposite gender, uafa, United States Code, United States Immigration, Uniting American Families Act, US Immigration, Vietnam News Agency
Posted in ASEAN Business, same sex visa | No Comments »

It recently came to this blogger’s attention that the Judiciary Committee of the United States Senate is poised to hold a hearing to discuss the repeal of the so-called “Defense of Marriage Act” (DOMA) and a possible replacement piece of legislation referred to as the Respect for Marriage Act. To provide further information on these developments it is necessary to quote directly from the Washington Blade website, WashingtonBlade.com:

The Senate Judiciary Committee has announced that an anticipated hearing on legislative repeal of the Defense of Marriage Act has been set for July 20. According to a notice, the hearing on DOMA repeal legislation, also known as the Respect for Marriage Act, will take place July 20 at 10 a.m. in Room 226 the Dirksen Senate Office Building. Witnesses who will testify will be announced in the coming days. Sen. Patrick Leahy (D-Vt.), the chair of the Senate Judiciary Committee, is co-sponsor of the legislation that would repeal DOMA, which prohibits the federal government from recognizing same-sex marriages. In the Senate, the legislation is sponsored by Sen. Dianne Feinstein (D-Calif.)…

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

In the context of American immigration the provisions of the so-called “Defense of Marriage Act” (DOMA) result in a situation where the LGBT community is subject to legal discrimination. For instance, same sex bi-national couples cannot receive the same visa benefits as their different-sex counterparts. Therefore, visas such as the K-1 visa, the CR-1 visa, and the IR-1 visa are not available to those who have a same sex partner or for those couples who have entered into a same sex marriage. This discrimination occurs even where the same sex couple in question has been married in one of the sovereign American States or the District of Columbia where same sex marriages are legalized and/or solemnized. Currently, pending legislation such as the aforementioned Respect for Marriage Act (introduced in the United States House of Representative by Representative Jerrold Nadler, who also introduced the Uniting American Families Act designed to deal specifically with the immigration implications of DOMA) and the Reuniting Families Act (introduced by Representative Mike Honda) would address certain aspects of DOMA. In fact, the Respect for Marriage Act is designed to provide a doctrine of “certainty” whereby those couples married in one of the sovereign American States which recognize such unions can rely upon federal recognition of such unions regardless of their physical location.

In news pertaining to business in China and the United States of America it recently came to this blogger’s attention that China may be poised to import as much as 2 million metric tons of American corn. In order to provide more specifics it is necessary to quote directly from an article written by Tom Polansek and posted to the website of the The Wall Street Journal, WSJ.com:

The U.S. Department of Agriculture raised its estimates for corn exports to China fourfold, another nod to the country’s rising demand in a market under strain. In addition, the amount of the grain used to make ethanol is expected to eclipse its use in animal feed in the U.S. for the first time ever. China is now forecast to import 2 million metric tons of U.S. corn in the next marketing year, which begins on Sept. 1, compared to the previous projection of 500,000 tons…Traders also point to China as the likely buyer behind hundreds of thousands of tons that the USDA lists as going to “unknown destinations.” “The increase in Chinese imports is likely lagging what is really going to happen,” said Joel Karlin, analyst for Western Milling, a producer of animal feed in California. The USDA left its estimates for export to China in the current crop year, which ends Aug. 31, unchanged at 1.5 million metric tons…

This blogger asks readers to click upon the relevant hyperlinks above to read this story in detail.

The United States Department of Agriculture (USDA) is responsible for the regulation of American agricultural matters. This agency routinely publishes information related to the state of the American agricultural sector. It would appear that the rising demand from China for American agricultural products is not set to diminish anytime in the immediate future. The Chinese-American trade relationship is often noted for the fact that China exports a large amount of manufactured goods to America, but it seems as though less attention is paid to the amount of agricultural products which America provides to China. One issue on this blogger’s mind is the impact that the Association of Southeast Asian Nations (ASEAN) might have upon the demand for American agricultural products. As this regional grouping becomes increasingly geopolitically and economically potent it stands to reason that demand for agricultural products from the ASEAN jurisdictions (Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam) may be on the rise. Hopefully any and all of these developments prove to be a boon to America’s farmers and agricultural community.

For information pertaining to same sex marriage recognition please see: Full Faith and Credit Clause.

For information related to American company registration please see: US Company Registration.

Tags: American States, ASEAN, ASsociation of Southeast ASian Nations, Brunei Darussalam, Cambodia, certainty, China, Chinese-American trade, corn exports, corn imports, CR-1 Visa, CR1 Visa, Defense of Marriage Act, Dirksen Senate Office Building, District of Columbia, DOMA, ethanol, Full Faith and Credit Clause, Indonesia, IR-1 Visa, IR1 Visa, Joel Karlin, K-1 Visa, K1 Visa, Laos, legal discrimination, Malaysia, Myanmar, Philippines, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Reuniting Families Act, same sex civil union, Same Sex Marriage, same sex marriages, Same Sex Partner, Senate Judiciary Committee, Senator Dianne Feinstein, Senator Patrick Leahy, Singapore, Sino-American trade, Thailand, U.S. Department of Agriculture, United States Department of Agriculture, United States of America, US Company Registration, USDA, Vietnam, Western Milling
Posted in American Business, ASEAN Business, China Business, same sex visa | No Comments »

It recently came to this blogger’s attention that the United States Bankruptcy Courts may soon be hearing cases involving bankruptcy petitions for couples who have entered into a same sex marriage. In order to provide further insight it is prudent to quote directly from the official website of the Reuters News Service, Reuters.com:

The U.S. Justice Department has dropped its opposition to joint bankruptcy petitions filed by same-sex married couples in a victory for supporters of gay marriage. The policy change is the latest setback for the 1996 Defense of Marriage Act (DOMA), which has come under increasing pressure since the Obama administration said in February that it would no longer defend its constitutionality. Until now, the Justice Department had routinely intervened to stop joint bankruptcy cases filed by same-sex couples. The Department’s position had been that the bankruptcy code only allows joint filings by opposite-sex spouses as defined under the federal Defense of Marriage Act, which bars federal recognition of same-sex marriage. In an unexpected turnabout, the department on Wednesday filed a request to withdraw its appeal in one such case. Justice Department spokeswoman Tracy Schmaler confirmed the policy change in an e-mail to Reuters on Thursday. “The Department of Justice has informed bankruptcy courts that it will no longer seek dismissal of bankruptcy petitions filed jointly by same-sex debtors who are married under state law,” she wrote…

The administration of this web log encourages readers to click upon the relevant hyperlinks above to read this interesting article by Terry Baynes which was edited by Cynthia Johnston.

Although the main thrust of this blog is not centered upon the discussion of federal bankruptcy issues, this change in policy to recognize those same sex couples married under State law is certainly a victory for advocates of LGBT Equality. Concurrently, it is also a victory for proponents of States’ Rights, a doctrine which holds many of the prerogatives and laws of the States in high regard relative to those of the federal government of the United States of America. Meanwhile, advocates for full LGBT Equality must continue to wait for full legal recognition of equal rights until such time as the so-called “Defense of Marriage Act” (DOMA) is either repealed, replaced with legislation similar to the Respect for Marriage Act, or amended in such a way that true equality under the law is granted for the individuals involved while the prerogatives of the sovereign American States are respected. Something perhaps akin to the doctrine of “certainty” enshrined in the provisions of the Respect for Marriage Act noted above.

In an American immigration context, it should be noted that members of the LGBT community cannot be granted the same visa benefits in the same manner as other communities since same sex bi-national couples are not able to obtain travel documents such as the CR-1 visa, the IR-1 visa, or the K-1 visa in the same way as their different-sex counterparts. Therefore until such time as DOMA is repealed this situation is unlikely to change. In the event that legislation such as the Respect for Marriage Act, the Reuniting Families Act, or the Uniting American Families Act (UAFA) is enacted by the Congress and signed into law by the President then a same sex bi-national couple may be able to petition for US immigration benefits for their spouse or fiance. As of the time of this writing, such a scenario is not yet feasible.

In news related to China and the Association of Southeast Asian Nations (ASEAN) it recently came to this blogger’s attention that tensions appear to be subsiding with respect to the various issues surrounding the South China Sea. This assessment is made based upon apparent announcements from the Philippine Foreign Affairs Secretary Albert F. del Rosario.  To provide more information it is necessary to quote directly from the website of Business World Online, BWorldOnline.com:

BEIJING –FOREIGN AFFAIRS Secretary Albert F. del Rosario on Friday said he and ranking Chinese officials agreed to settle the territorial dispute in the South China Sea through guidelines agreed upon by China and the Association of Southeast Asian Nations (ASEAN) almost a decade ago.Mr. Del Rosario, who talked to foreign journalists at the St. Regis Hotel near the Philippine embassy, said “yes” when asked if his two-day visit was a success, adding that both side have renewed their commitment to bring stability in the area amid recent tensions. “The two sides reaffirmed their commitments to respect and abide by the Declaration on the Conduct of Parties in the South China Sea signed by China and the ASEAN member countries in 2002,” Mr. del Rosario said, referring to his meeting with Chinese Vice-President Xi Jinping and Foreign Minister Yang Jiechi. “Both ministers agreed to further strengthen the bonds and friendship and cooperation between the two countries and to fully implement the Joint Action Plan,” he added. “Both ministers exchanged views on the maritime disputes and agreed not to let the maritime disputes affect the broader picture of friendship and cooperation between the two countries,” Mr. del Rosario further said…The South China Sea, which hosts the oil-rich Spratly Islands, has been claimed in part or wholly by Brunei Darrusalam, China, Malaysia, the Philippines, Taiwan and Vietnam. In a conference in Manila late this week, foreign policy experts called for a binding agreement among Spratly claimants to resolve conflicting positions…[sic]

This blogger asks readers to click upon the relevant hyperlinks noted above to read this insightful article by Darwin T. Wee.

As can be gathered from the excerpt noted above, there have been many geopolitical facets to the South China Sea dispute, but one notable aspect of this developing situation is that the parties have a seemingly genuine desire to deal with the matter reasonably and and peacefully. Hopefully this attitude will continue and these issues can be resolved to the benefit of all concerned.

At the time of this writing, China continues to show signs of increasing economic and political strength. These developments come amidst news that Malaysia has maintained trade discussions with various African and Islamic nations while simultaneously playing a role within ASEAN. At the same time, circumstances in the so-called BRICS countries (Brazil, Russia, India, China, and South Africa) have lead many to believe that all of these jurisdiction will show further economic flourish in the future. Vietnam and Taiwan are dealing with rather new issues as they find themselves confronting the rest of the world on somewhat different terms compared to times past. These developments have both positive and negative ramifications for these jurisdictions, but the overall economic and political forecasts for all of these places appears bright.

As the aforementioned dispute appears to be moving toward a resolution it is hoped that further disputes can be handled using some sort of framework which provides efficiency in adjudicating issues while simultaneously operating on terms which all parties concerned can agree upon.

For information related to same sex marriage and the intersection between State and federal law please see: Full Faith and Credit Clause.

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

Tags: ASEAN, ASsociation of Southeast ASian Nations, bankruptcy courts, Brunei Darrusalam, China, Chinese Foreign Minister Yang Jiechi, Chinese Vice-President Xi Jinping, constitutionality, CR-1 Visa, CR1 Visa, Declaration on the Conduct of Parties in the South China Sea, Defense of Marriage Act, dismissal of bankruptcy petitions filed jointly by same-sex debtors, DOMA, gay marriage, IR-1 Visa, IR1 Visa, Joint Action Plan, Justice Department spokeswoman Tracy Schmaler, K-1 Visa, K1 Visa, LGBT community, lgbt immigration, lgbt visa, LGBT Wedding, Malaysia, maritime disputes, married under state law, Obama Administration, opposite-sex spouses, Philippine Foreign Affairs Secretary Albert F. del Rosario, Respect for Marriage Act, Reuniting Families Act, Same Sex Bi-National Couple, Same Sex Bi-National Couples, same sex civil union, Same Sex Immigration, Same Sex Marriage, same sex visa, Same Sex Wedding, same-sex married couples, South China Sea, Spratly Islands, States' Rights, Taiwan, the Philippines, U.S. Justice Department, uafa, Uniting American Families Act, Vietnam
Posted in ASEAN Business, China Business, Editorial, News, Opinion, same sex visa | No Comments »

It recently came to this blogger’s attention that a Federal Court injunction has once again been put into effect with respect to the issue of the American military’s so-called “Don’t Ask, Don’t Tell” policy. To provide further information on this matter it is necessary to quote directly from the online home of the San Fransisco Chronicle at SFGate.com:

SAN FRANCISCO — A federal appeals court ordered a halt Wednesday to the armed forces’ policy of discharging openly gay service members, citing the impending demise of “don’t ask, don’t tell” and the Obama administration’s escalating criticism of antigay laws. Congress has already voted to repeal “don’t ask, don’t tell,” the 1993 law that barred military service by gays and lesbians who disclose their sexual orientation. But the repeal was due to take effect only after the Pentagon certified that the change in the law would not interfere with military readiness or recruiting, a finding the Obama administration had projected for the end of this year. On Wednesday, however, the Ninth U.S. Circuit Court of Appeals in San Francisco – which had previously allowed the government to follow its own timetable – reinstated a federal judge’s injunction that had briefly barred enforcement of the law last fall before it was suspended…

The administration of this blog asks readers to click upon the hyperlinks noted above to read all of this interesting story by the aforementioned newspaper’s staff writer Bob Egelko.

As has been previously pointed out in the pages of this web log, the American Armed Forces should be commended for their efforts to quickly and efficiently integrate the LGBT community into their honored ranks. This blogger would speculate that the open inclusion of members of the Lesbian, Gay, Bisexual, and Transgender (also sometimes referred to colloquially as the “third sex” in Thailand) community will only make the United States military a stronger and more cohesive force for the advancement of freedom and liberty around the globe. Posterity may one day note that the aforementioned injunction was not necessary, but the force of law which comes “part and parcel” with a federal injunction can only help the efforts of those struggling for LGBT equality.

Readers may note that the American federal government does not recognize same sex marriage even those same sex marital unions which are legalized and/or solemnized by one of the sovereign American States. Although, it would appear as though one major obstacle in the path of LGBT equality could soon be overcome since the Judiciary Committee of the United States Senate may soon hold hearings regarding the repeal of the so-called “Defense of Marriage Act” (DOMA) with an eye toward the possible recommendation of something similar to the Respect for Marriage Act. In order to provide detailed information regarding these developments it may be wise to quote directly from Advocate.com:

The Senate Judiciary Committee will hold a first-ever hearing on efforts to repeal the Defense of Marriage Act “in the coming weeks,” committee chair Sen. Patrick Leahy of Vermont announced Thursday. A committee spokeswoman said a date has yet to be set for the hearing on the Respect for Marriage Act, introduced in March by Sen. Dianne Feinstein of California and currently supported by 25 senate cosponsors, including Leahy and New York senator Kirsten Gillibrand. A witness list for the hearing, which will be webcast, has not been finalized…

This blogger strongly encourages readers to click upon the relevant hyperlinks above to read from this insightful article by Andrew Harmon.

Frequent readers of this blog may have noticed that a piece of legislation similar to that noted above was also introduced in the United States House of Representatives by Representative Jerrold Nadler who also introduced the Uniting American Families Act (UAFA) which is a bill that would provide United States visa benefits to same sex bi-national couples which would be substantially similar to those currently enjoyed by many different-sex bi-national couples (ex. the CR-1 visa, the IR-1 visa, or the K-1 visa). It should be noted that Representative Mike Honda also appears to have included UAFA-like language in the provisions of his proposed Reuniting Families Act. As of the time of this writing, none of this legislation has seen passage. However, in order for any bill to become a law it must first see passage in both houses of the American Congress and Senate Judiciary Committee hearings are a vital first step in effecting legislative change at the Senatorial level. Therefore, these developments may ultimately prove to be of the initial phases in a process that culminates with full LGBT equality under the law of the United States of America.

For related information please see: Full Faith and Credit Clause.

Tags: American Congress, antigay laws, Bisexual, California Senator Dianne Feinstein, CR-1 Visa, CR1 Visa, Defense of Marriage Act, different-sex bi-national couple, Don't Ask Don't Tell, federal appeals court, federal injunction, Full Faith and Credit, Full Faith and Credit Clause, Gay, injunction, IR-1 Visa, IR1 Visa, K-1 Visa, K1 Visa, Lesbian, LGBT Equality, New York Senator Kirsten Gillibrand, Ninth U.S. Circuit Court of Appeals, openly gay service members, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Reuniting Families Act, Same Sex Bi-National Couple, same sex civil union, same sex marital union, Same Sex Marriage, Senate Judiciary Committee, third sex, Transgender, uafa, United States House of Representatives, Uniting American Families Act, US Congress, Vermont Senator Patrick Leahy, “in the coming weeks”
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It recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) has been noted by various media outlets for launching a new ad campaign to encourage those present in the United States as lawful permanent residents to naturalize to American Citizenship. In order to provide further insight into these developments it is best to quote directly from the website of China Daily, ChinaDaily.com.cn:

NEW YORK – The US Bureau of Citizenship and Immigration Services (USCIS) has launched its first ever paid ad campaign urging roughly 7.9 million green card holders to become naturalized citizens. The $3.5 million multilingual campaign will be used for three years and is part of an $11 million allotment from Congress meant to promote integration of immigrants. This year’s campaign in English, Spanish, Chinese, and Vietnamese will run in print, radio and digital formats between May 30 and Sept 5, primarily in states with large immigrant populations, such as California, New York, Florida and Texas. ”You’ve got to create that sense of urgency, and until they’ve reached that sense of urgency, they’ll just coast,” Nathan Stiefel, division chief of policy and programs for the Office of Citizenship at USCIS, told the Associated Press…

This blogger asks readers to click upon the relevant hyperlinks noted above to read this article in detail.

For those who are unfamiliar with matters pertaining to American immigration it should be noted that those who enter the United States of America on a CR-1 visa or an IR-1 visa are accorded lawful permanent residence (also colloquially referred to as Green Card status). After spending a specified period of time physically present in the United States it may be possible for an immigrant to naturalize to American citizenship. There are many benefits to be had by undergoing the naturalization process including, but not limited to: the right to vote, the right to a US Passport, as well as the various privileges and/or immunities of citizenship. Those interested in learning if they are eligible for such benefits are encouraged to contact a licensed American attorney.

In somewhat unrelated news, it recently came to this blogger’s attention that the government of Japan is apparently preparing to conduct tests on various nuclear facilities in that country. For further insight it is necessary to quote directly from the Channel News Asia website at ChannelNewsAsia.com:

TOKYO : Japan said Wednesday it will run “stress tests” on all its nuclear reactors in the wake of the Fukushima Daiichi accident sparked by the March 11 earthquake and tsunami disaster. The ongoing crisis, the world’s worst atomic accident since Chernobyl 25 years ago, has ignited debate in Japan about the safety of nuclear power, which before the disaster accounted for a third of its electricity needs. The centre-left government ordered a round of initial tests on the country’s other atomic power plants after the disaster, and said the new stress tests aimed to reassure the public that the facilities are safe…

The administration of this blog asks readers to click on the appropriate hyperlinks above to read this article in detail.

For those unfamiliar with the ongoing situation in Japan it should be noted that an Earthquake which occurred in March of this year resulted in a nuclear meltdown at the Fukushima facility noted above. This situation had tremendous ramifications for both the Asia-Pacific region and the Association of Southeast Asian Nations (ASEAN). As this tragic state of affairs continues to play out it is hoped that positive endeavors can mitigate some of the damage caused by this disaster. No doubt the Japanese citizenry remain in the hearts and minds of conscientious people the world over.

For related information please see: Certificate of Citizenship or Certificate of Naturalization.

Tags: American Citizenship, American Immigration, American Passport, ASEAN, Asia-Pacific, ASsociation of Southeast ASian Nations, California, Certificate of Citizenship, Certificate of Naturalization, Chernobyl, Chinese, CR-1 Visa, CR1 Visa, English, Florida, Fukushima, Fukushima Daiichi, Green Card, IR-1 Visa, IR1 Visa, Japan Earthquake, Japan news, Lawful Permanent Residence, Lawful Permanent Resident, March 11 earthquake, Naturalization, Naturalize, naturalized citizen, New York, privileges and immunities of United States Citizenship, privileges or immunities of United States Citizenship, Spanish, stress tests, Texas, United States Citizenship and Immigration Service, US Bureau of Citizenship and Immigration Services, US Citizenship, US Immigration, us passport, USCIS, USCIS Office of Citizenship, Vietnamese
Posted in US Citizenship, US Embassy Japan, USCIS | No Comments »

It recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) has implemented a new policy regarding the I-130 petition for visas such as the CR-1 visa and the IR-1 visa. To provide further insight it may be prudent to quote directly from the official website of the USCIS, USCIS.gov:

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced that effective Aug. 15, 2011, petitioners residing in countries without USCIS offices will be able to file a Petition for an Alien Relative (Form I-130), with the USCIS Chicago Lockbox facility. This will increase the efficiency of the relative petition filing process and give USCIS more flexibility in managing its workload. Previous regulations permitted these petitioners, who comprise about 5 percent of all I-130 petitioners, to file with USCIS or the U.S. Department of State at their local U.S. embassy or consulate. Under the new regulation, published today in the Federal Register, petitioners residing in countries without USCIS offices may file a Petition for an Alien Relative based on the addresses provided in the revised form instructions…

Clearly, this new policy could have significant ramifications for those seeking a United States visa on behalf of a foreign loved one. Concurrently, those familiar with the American visa process may note that this new policy effectively ends the Direct Consular Filing option for petitioners in certain Consular jurisdictions. In the past, it may have been possible for petitioners to file their visa petition directly with a US Embassy or US Consulate if the petitioner resided in the Consular District. These recent regulatory changes would appear to bring this era of Consular Processing to an end.

Meanwhile, in news related to Southeast Asia and the ASEAN (Association of Southeast Asian Nations) community, it appears that Malaysia is poised to engage in a Free Trade Agreement with India. To provide further insight into these developments it may be best to quote directly from the website MoneyControl.com:

The free trade agreement (FTA) between India and Malaysia will come into force from July 1, giving Indian professionals like accountants, engineers and doctors access to the key South-East Asian nation. In addition, exports of items of considerable interest to India, like basmati rice, mangoes, eggs, trucks, motorcycles and cotton garments, will attract lower or no duty in Malaysia with the implementation of the Comprehensive Economic Cooperation Agreement (CECA), according to a statement of the Commerce Ministry issued today…

The administration of this web log strongly encourages readers to click upon the relevant hyperlinks noted above to learn more on this developing story.

As nations in ASEAN, such as Malaysia, continue to become more integrated into broader markets it stands to reason that new trade arrangements will be forged. The ASEAN community (Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam) has been the topic of a great deal of recent discussion regarding future free trade agreements as many nations around the world try to make headway into this important and increasingly lucrative regional market.

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

Tags: American Consulate, American Embassy, American Visa Process, ASEAN, ASsociation of Southeast ASian Nations, Brunei Darussalam, Cambodia, CECA, Comprehensive Economic Cooperation Agreement, CR-1 Visa, CR1 Visa, Direct Consular Filing, Federal Register, Form I-130, Free Trade Agreement, FTA, I-130, India, Indonesia, IR-1 Visa, IR1 Visa, Laos, Malaysia, Malaysian Commerce Ministry, Myanmar, Petition for an Alien Relative, Philippines, Singapore, Thailand, U.S. Citizenship and Immigration Services, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Visa, US Visa Process, USCIS, USCIS Chicago Lockbox, Vietnam
Posted in ASEAN Business, CR1 Visa, IR1 Visa, Malaysia Business, US Embassy Kuala Lumpur, US Embassy Malaysia, USCIS | No Comments »