Integrity Legal

The United States Department of Homeland Security (DHS), as the name suggests, is tasked with, among other things, monitoring US internal and external security mainly from the perspective of Immigration. One component agency of the Department of Homeland Security is the US Customs and Border Protection Service (USCBP). This agency is tasked with securing US Ports of Entry by monitoring those entering the USA in order to counter possible terrorist threats to the American people. In a recently promulgated press release, the Department of Homeland Security announced that new cooperative measures have been initiated in concert with the French Republic. The following is an excerpt from the aforementioned press release:

Washington, D.C. – Department of Homeland Security (DHS) Secretary Janet Napolitano today announced that the United States and France have established an arrangement to implement the Immigration Advisory Program (IAP)–which allows for the identification of high-risk travelers at foreign airports before they board aircraft bound for the United States–at Paris’ Charles De Gaulle International Airport. “Terrorism is a global threat that requires an international response,” said Secretary Napolitano. “This collaboration will enhance both the United States’ and France’s capabilities to protect our immigration systems as well as the global aviation network from abuse by terrorists and transnational criminals.” IAP allows specialized U.S. Customs and Border Protection (CBP) personnel posted in foreign airports to utilize current targeting and passenger analysis information and/or an assessment of passengers’ documentation to identify high-risk persons bound for the United States and make “no board” recommendations to carriers and host governments. The arrangement–formalized over the weekend by DHS Assistant Secretary for Policy David Heyman and French Minister of Immigration, Integration, National Identity and Mutually-Supportive Development Eric Besson–will help combat the use of fraudulent travel documents, prevent terrorists and other criminals from entering the United States, disrupt human smuggling and strengthen cooperation between CBP and French officials. A formal signing of the IAP arrangement will follow in August.

Advocates for The International Advisory Program (IAP) seem to hope that the program will streamline the process by which government personnel identify possible threats in the form of criminals entering the USA. Of particular interest is that the program seems focused upon deterring and suppressing the use of false travel documents. It would also appear that new initiatives will be undertaken to decrease human trafficking to the USA. This has become an ever-increasing concern among immigration officials as more foreign nationals attempt to enter the USA illegally through use of organizations that attempt to “smuggle” them through US ports. This author applauds the efforts of officials in both the USA and France as they attempt to better ensure the safety of international travelers.

For information regarding US Immigration from Thailand please see: US Visa Thailand or K1 Visa Thailand.

Tags: CBP, Customs and Border Protection, Department of Homeland Security, DHS, Fake Passport, False Travel Documents, Human Trafficking, IAP, Immigration Advisory Program, US Immigration, US Immigration Thailand, US-French Relations, USCBP, USCIS, USDHS
Posted in Department of Homeland Security, USCBP | No Comments »

This blog routinely discusses issues surrounding United States Immigration Law. However, this author must admit that we often fail to mention the human side of the Immigration and visa process. At the time of this writing the United States appears to be on the verge of making radical changes to the makeup of American Immigration law. This will likely occur through Comprehensive Immigration Reform of the US Immigration and Nationality Act and other pertinent legislation. The reasons for seeking reform vary depending upon the individual or organization. That said, the following excerpt from a news story posted on Yahoo.com poignantly elucidates the human aspect of the issues surrounding Comprehensive Immigration Reform (also known as CIR):

Seven-year-old Daisy Cuevas, thrilled to see herself on television with U.S. First Lady Michelle Obama, didn’t quite understand the predicament in which she had innocently placed her undocumented Peruvian parents. “She laughed, she jumped up and down. She was excited” after the encounter at Daisy’s suburban Washington, D.C., elementary school, the girl’s maternal grandfather, Genaro Juica, told The Associated Press. The TV appearance made the pigtailed second grader a voice of the estimated 12 million immigrants living in the United States illegally — and a source of pride for Peru’s president, who visits Washington on Tuesday. “My mom says that Barack Obama is taking away everybody that doesn’t have papers,” Daisy told the U.S. first lady on May 19 at the New Hampshire Estates Elementary School in Silver Spring, Maryland. “Well, that’s something that we have to work on, right, to make sure that people can be here with the right kind of papers,” Michelle Obama replied. “But my mom doesn’t have papers,” said Daisy, a U.S. citizen by virtue of her birth. The color immediately drained from her mother’s face. She ran crying to call her parents in Lima, then went into hiding, fearful of being deported. These are tense times for people like Daisy’s mother, a maid who arrived in the United States with her carpenter husband when she was two months pregnant with Daisy. Daisy’s parents are fearful of U.S. anti-immigrant sentiment, which for many Latin Americans is epitomized by an Arizona law taking effect in July that gives police the right to demand ID papers of anyone suspected of being in the country illegally. The U.S. Department of Homeland Security has said it is not pursuing Daisy’s parents. Immigration investigations, it said in a statement, “are based on making sure the law is followed and not on a question-and-answer discussion in a classroom.” Nonetheless, Daisy’s mother asked the AP after the May 19 incident not to name her or her husband.

Many of those hoping for a “path to citizenship” for undocumented aliens in America feel that rectification of US Immigration policy can only be effected through reforming the Immigration laws. There are others who feel that the recently proposed CIR legislation does not go far enough in rectifying the inequities that currently exist under American Immigration law. A clarion call for further reform is especially noticeable from the LGBT immigration movement.

Hopefully, we will see Immigration reform soon, but in the meantime we may be able to learn something from this incident as it would appear that even children can see the “Equity Gap” that currently seems to exist in the realm of United States Immigration.

Tags: American Immigration, American Immigration law, American Visa, CIR, Comprehensive Immigration Reform, Daisy Cuevas, Department of Homeland Security, Equity Gap, lgbt immigration, Michelle Obama, US Department of Homeland Security, US Immigration, US Immigration Law, US Visa
Posted in Comprehensive Immigration Reform, Department of Homeland Security, General Legal Information, Legal Opinion, lgbt immigration, News | No Comments »

For related information in English please see: Request for Evidence.

ในกระทู้คราวก่อน เราได้พูดถึงคำขอวีซ่าเบื้องต้นสำหรับคนรักต่างชาติของบุคคลสัญชาติอเมริกัน ในกระทู้นี้เราจะพูดถึงสิ่งที่ต้องทำในกรณีที่คุณได้รับแบบขอหลักฐานเพิ่มเติมจาก USCIS หลังจากที่ USCIS ได้รับคำขอของบุคคลสัญชาติอเมริกัน ก็จะส่งหนังสือแจ้งที่เรียกว่า Notice of Action 1 หรือ NOA 1 ให้ สำหรับคำขอวีซ่าที่ประสบความสำเร็จก็จะมีการส่ง Notice of Action 1 ตามด้วย Notice of Action 2 หรือหนังสือแจ้งการอนุมัติ อย่างไรก็ตาม ยังคงมีกรณีที่ USCIS เรียกเอกสารเพิ่มเติม ในกรณีที่เรียกหลักฐานเพิ่มเติม (RFE ) ส่วนใหญ่มักเกิดมาจากการที่เอกสารที่ยื่นไปนั้นใช้ไม่ได้ ซึ่งเป็นเหตุผลที่ว่าทำไมต้องยื่นเอกสารที่มีความชัดเจนในการยื่นคำขอวีซ่าต่อ USCIS

เพื่อแก้ปัญหาการได้รับแบบเรียกหลักฐานเพิ่ม คู่รักหลายๆคู่เลือกใช้บริการทนายความด้านกฎหมายคนเข้าเมืองเพื่อช่วยยื่นคำขอวีซ่าให้ ทนายความที่มีประสบการณ์สามารถทำนายได้ว่าเจ้าหน้าที่คาดหวังจะดูเอกสารอะไรในการที่จะพิจารณาคำขอให้ อย่างไรก็ตามการจ้างทนายไม่ได้การันตีว่าคุณจะไม่ได้รับแบบเรียกขอหลักฐานเพิ่ม แต่ถ้าคุณได้รับแบบดังกล่าว ทนายความก็สามารถดำเนินการแทนคุณได้อย่างมีประสิทธิภาพ

แบบเรียกขอหลักฐานเพิ่มจะบอกว่าเอกสารอะไรที่ขาดไปหรือใช้ไม่ได้ หลังจากที่ได้ระบุตัวเอกสารแล้ว เจ้าหน้าที่จะพิจารณาว่าคุณจะแก้ปัญหานั้นได้อย่างไรและจะมีกำหนดยื่นเอกสารภายในระยะเวลาเท่าไรโดยการส่งคำขอเอกสารเพิ่มเติมให้แก่คุณ

อนึ่ง RFE ก็คล้ายๆกับแบบปฏิเสธวีซ่า 221 (g) จากสถานทูตสหรัฐ สาเหตุที่มันเหมือนกันก็เพราะว่าผู้ขอวีซ่าต้องยื่นเอกสารที่ถูกร้องขอก่อนที่จะมีการอนุมัติให้ดำเนินการใดๆต่อไปได้ ความต่างก็คือ เจ้าหน้าที่ที่ออกแบบคำขอ ในขณะที่ แบบ 221g นั้นออกโดยเจ้าหน้าที่สถานทูตแต่ แบบขอหลักฐานเพิ่มเติมออกโดยเจ้าหน้าที่กระทรวงความมั่นคง ในกรณีทั้งสองเอกสารที่ถูกร้องขอเพิ่มเป็นไปเพื่อประกอบการพิจารณาเพื่อให้มั่นใจว่าผู้รับผลประโยชน์ในคำขอวีซ่าสมควรได้รับสิทธิประโยชน์จริง

ในกรณีคำขอวีซ่า K1 เจ้าหน้าที่มักเรียกหลักฐานที่แสดงความสัมพันธ์ที่แท้จริงหรือสถานภาพของฝ่ายใดฝ่ายหนึ่ง ในกรณีคำขอวีซ่า K3 หรือ CR1 เจ้าหน้าที่มักขอหลักฐานยืนยันสถานภาพสมรสของคู่รักหรือสถานภาพของบุคคลก่อนการสมรสจะมีขึ้น

Tags: 221 (g), 221g, CR1, Department of Homeland Security, DHS, K1, K3, NOA1, Notice of Action 1, Request For Evidence, RFE, US Immigration, US Immigration Application, US Immigration PEtition, US Visa, US Visa Application, US Visa Petition, USCIS
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS, สถานทูตสหรัฐอเมริกาประจำประเทศไทย, ้วีซ่าอเมริกาจากประเทศไทย | No Comments »

The Office the Inspector General of the Department of Homeland Security is responsible for making investigations into the activities of the agencies under the jurisdiction of the Department. This can be a difficult, and likely thankless, task as the Department of Homeland Security is a very large organization. The United States Immigration and Customs Enforcement Service (USICE) has a mandate to enforce US Immigration and Customs regulations. That being said,  a recent report distributed by the American Immigration Lawyers Association discusses a recent investigation conducted by the Inspector General’s office into the activities of Immigration and Customs Enforcement and the relationship between ICE and local law enforcement agencies:

“Today the Department of Homeland Security Office of Inspector General issued a comprehensive report confirming civil rights abuses in a federal program that “deputizes” state and local law enforcement agencies to enforce immigration law. The Inspector General tells of local officers arresting individuals who have committed no offense – including even victims – for the sole purpose of identifying whether they have lawful immigration status.”

Although security and safety are important issues and it is necessary to take measures to ensure that America is safe and secure, there are many who argue that this security cannot come at the cost of American liberties and the ideals upon which America was founded. The report went further:

“Under section 287(g) of the Immigration and Nationality Act, state and local law enforcement agencies, acting under federal supervision, may assume federal immigration enforcement powers. This delegation of immigration enforcement power must be executed through formal written Memoranda of Agreement between the federal government and the local authority. The memoranda require state and local officers to abide by federal civil rights laws. The Inspector General found widespread lack of adequate training, guidance, monitoring or oversight. ‘The federal government has failed in its duty to train and supervise local officers. This program has turned local police into agents of fear within law-abiding communities,’ said Wolfsdorf. ‘Immigration lawyers hear reports everyday that immigrants are afraid to talk to the police and to report crimes. Through this program the federal government is undermining the ability of local authorities to ensure all Americans’ safety and security.’ The report also noted that Immigrations and Customs Enforcement (ICE) failed to provide accurate information about the program to Congress and the public.”

It is interesting to note that Department of Homeland Security personnel investigated this issue and made these issues public. The Office of the Inspector General should receive some accolades for assisting in bringing these issues to light.

For specific information about US Immigration from Thailand Please See: American Visa Thailand.

Tags: American Visa Thailand, Department of Homeland Security, DHS, Office of Inspector General DHS, US Immigration, US Visa, USICE
Posted in Department of Homeland Security, General Legal Information, Legal Opinion, US Visa and Immigration, US Visa Thailand, USICE | No Comments »

The Department of Homeland Security has a broad mandate to enhance the security of the United States. In many cases, the exact tactics employed by Department personnel are kept private in order to facilitate efficient implementation. That being said, oftentimes, the Department will make statements regarding general changes in policy. The following is quoted from a recent Department of Homeland Security Press Release which has been further distributed by the American Immigration Lawyers Association:

“Department of Homeland Security (DHS) Secretary Janet Napolitano today announced that the Transportation Security Administration (TSA) will begin implementing new enhanced security measures for all air carriers with international flights to the United States to strengthen the safety and security of all passengers—superseding the emergency measures put in place immediately following the attempted terrorist attack on Dec. 25, 2009.”

This announcement is interesting to note as it illustrates the ever-evolving nature of the Department of Homeland Security’s duties. To quote the press release further:

“These new, enhanced measures are part of a dynamic, threat-based aviation security system covering all passengers traveling by air to the United States while focusing security measures in a more effective and efficient manner to ensure the safety and security of the traveling public. Passengers traveling to the United States from international destinations may notice enhanced security and random screening measures throughout the passenger check-in and boarding process, including the use of explosives trace detection, advanced imaging technology, canine teams, or pat downs, among other security measures.”

Finally, the press release went on to provide answers to questions that those within the Department felt would be frequently asked:

“Is the list of 14 countries of concern still in use?

These measures supersede the list of countries concern put in place as an emergency measure on January 3, 2010. The enhanced security measures that are going into effect are tailored to intelligence about potential threats and are focused on all passengers from all countries. They are part of a dynamic, threat based process covering all passengers traveling to the United States while focusing security measures in a more effective and efficient manner to ensure the safety and security of all those traveling by air to the United States.

Is this a weakening of the current posture system?

It’s a strengthening of the system. These new, more flexible security protocols are tailored to reflect the most current information available to U.S. authorities and are based on real-time, threat-based intelligence that will now be applied to all passengers traveling to the United States. Which countries are affected by the new directives? The security measures apply to all passengers on international flights directly to the U.S. worldwide.

What can passengers expect to see at airports?

Passengers traveling to the U.S. from international destinations may notice enhanced security and screening measures throughout the passenger check-in and boarding process which could include explosives trace detection, use of advanced imaging technology, canine teams or pat downs, among other security measures to keep air travel safe.”

Many people, including this author, sometimes forget the rather daunting task of the Department of Homeland Security. On this blog, DHS is usually only discussed in the context of US Immigration, while in many ways their job is more than simply adjudicating visa petitions (USCIS), enforcing Immigration law (USICE), and patrolling America’s borders (USCBP).

For more information about United States Immigration from Thailand please see: US Visa Thailand.

Tags: American Immigration, American Immigration Thailand, American Visa, American Visa Thailand, Department of Homeland Security, US Immigration, US Visa, US Visa Thailand
Posted in US Visa and Immigration, US Visa Thailand, USCIS | 1 Comment »

In recent weeks we have discussed the possibility that Comprehensive Immigration Reform may be in the offing. However, legislation of this magnitude is unlikely to be passed quickly. With that in mind, many different organizations have chimed in with their opinion about Comprehensive Immigration Reform.

Recently, Secretary Napolitano of the Department of Homeland Security conducted a USCIS stakeholders meeting and discussed Comprehensive Immigration Reform. The following is contained in a readout from a press release promulgated by USCIS and distributed by AILA:

“Secretary Napolitano stressed that the broken immigration system is a problem that has been ignored too long, and said today’s meeting was another important step forward in this administration’s efforts to work with our colleagues in Congress and representatives from law enforcement, business, labor, the faith community, advocacy groups and others to fix our current laws. She welcomed the input of the participants and emphasized the importance of continued collaboration between the Department and immigration stakeholders.”

The press release went on to note that support for Comprehensive Immigration reform comes from both parties as most lawmakers feel that change is needed. The Secretary noted her admiration for the spirit of cooperation exhibited by legislators:

“In today’s meeting, Secretary Napolitano commended the bipartisan proposal set forth by Senators Chuck Schumer and Lindsey Graham, which reflects the administration’s commitment to effective enforcement; addresses the need for improved legal flows for families and workers; and offers a firm but fair path to citizenship for those who are already in the United States.”

President Obama has made statements in support of Immigration reform and the Secretary voiced her willingness to work with the President and lawmakers as solutions to the immigration problems are sought:

“Secretary Napolitano looks forward to continued work with President Obama, Senators Schumer and Graham and other Congressional partners, as well as stakeholders across the country as she continues to do everything she can to build a successful new immigration system.”

This author is intrigued to see that the there seems to be increasing support for some form of immigration reform. Although the outcome of any legislative initiative remains to be seen, there are some interest groups, particularly those supporting LGBT immigration rights, who hope to see dramatic changes to the United States Immigration system.

Hammering out a bill to address the major flaws in the current system will not be easy and there are some who believe that no immigration reform will be passed until after the mid-term congressional elections.

Tags: Comprehensive Immigration Reform, Department of Homeland Security, DHS, lgbt immigration, lgbt visa, Secretary Napolitano, US Immigration, US Visa, USCIS
Posted in lgbt immigration, same sex visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Recently the Department of Homeland Security issued a notice that the rules regarding attorney representation would be amended in order to fall in line with the relevant Department of Justice regulations. To quote a the summary in the Federal Register which is displayed on the American Immigration Lawyers Association (AILA) website:

“The Department of Homeland Security (DHS) is amending its regulations governing representation and appearances by, and professional conduct of, practitioners in immigration practice before its components to: Conform the grounds of discipline and procedures regulations with those promulgated by the Department of Justice (DOJ); clarify who is authorized to represent applicants and petitioners in cases before DHS; remove duplicative rules, procedures, and authority; improve the clarity and uniformity of the existing regulations; make technical and procedural changes; and conform terminology. This rule enhances the integrity of the immigration adjudication process by updating and clarifying the regulation of professional conduct of immigration practitioners who practice before DHS.”

As has been discussed on this blog before, the issue of attorney representation is of great importance due to the fact that there are many disreputable organizations calling themselves such things as “visa company,” “visa agency,” or, “visa consultant” and other unscrupulous operators who go so far as to claim attorney credentials when they are, in fact, unlicensed to practice law in the United States and therefore unable to practice US Immigration law. To quote the Federal Register again:

“Definition of attorney. This rule amends the definition of “attorney” at 8 CFR 1.1(f), to conform with DOJ’s definition at 8 CFR 1001.1(f), by adding the requirement that an attorney must be eligible to practice law in the bar of any State, possession, territory, or Commonwealth of the United States, or of the District of Columbia, in addition to the other requirements for attorneys set forth in that regulation. State bar rules uniformly require licensed attorneys to maintain an active status in order to practice law; however, there has been some confusion as to the applicability of that requirement in determining eligibility to appear as a representative before DHS.”

It is interesting that this addition was made as it imposes an more stringent burden upon practitioners as anyone practicing before the Department of Homeland Security (DHS) or its agencies, like the United States Citizenship and Immigration Service (USCIS), the United States Customs and Border Protection Service (CBP), and the Immigration and Customs Enforcement Service (ICE) must be eligible to practice in virtually every American jurisdiction. It should be noted that eligibility is the only new requirement added as DHS does not require that practitioners be licensed to practice in all US jurisdictions.

It should also be pointed out that attorneys are not the only individuals who can represent clients before DHS. In fact, if an individual is accredited by the Board of Immigration Appeals, then they may represent individuals in certain DHS proceedings. However, such agents are usually non-profit organizations as non-attorney representatives are NOT entitled to charge anything except nominal fees.

For related information please see US Lawyer Thailand or US Visa Thailand.

Tags: AILA, CBP, Department of Homeland Security, DHS, ICE, US Attorney Thailand, US Immigration attorney, US Immigration Lawyer, US Lawyer Thailand, US Visa Attorney, us visa lawyer, US Visa Thailand, USCIS
Posted in General Legal Information, Upcoming Legislation, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Recently, the Immigration Policy Center issued a so-called progress report for the Department of Homeland Security. For regular readers of this blog it may be recalled that the Department of Homeland Security has jurisdiction over the United States Citizenship and Immigration Service (USCIS), the Customs and Border Protection Service (CBP) as well as Immigration and Customs Enforcement (ICE). To quote the Immigration policy center blog:

“The month of March marks the seventh anniversary of the Department of Homeland Security (DHS) and its immigration agencies. It also marks the end of a sweeping internal review ordered by Secretary Janet Napolitano, a review which as not been made public. In order to assess the first year of immigration policy under the Obama Administration, the Immigration Policy Center releases the following Special Report which compare DHS’s actions with the recommendations (Transition Blueprint) made to the Obama Transition Team’s immigration-policy group. How does DHS stack up? The following IPC report finds a department caught between the competing priorities of old broken policy and new reforms. While DHS has failed to meet key expectations in some areas, it has engaged thoughtfully and strategically in others, and has made some fundamental changes in how it conducts its immigration business.”

The report itself is quite long and provides detailed information about ways in which USCIS and DHS can improve their organization. One of the most interesting recommendations calls for a concerted plan for integrated immigrants into the tapestry of American life. To quote the report directly:

“The Administration should create a national integration strategy, establish a National Office on Immigrant Integration, and gather data on the impact of government policies on immigrants, and coordinate agency decisions that affect them.”

This report went further and advocated for certain changes in the way that USCIS handles adjudications of applications and petitions for Immigration benefits:

“USCIS must clearly articulate the principles it uses to evaluate and adjudicate individual cases, and must address the complaints of recent years that too many people are denied benefits, or subjected to repeated requests for additional evidence, because adjudicators are looking for reasons to deny rather than grant benefits. Fee waivers and discretionary waivers should be applied more broadly, particularly where individuals in proceedings have immediate family members who are U.S. citizens.”

Although this author does not necessarily agree wholeheartedly with all of the assertions in this progress report, there is no doubt that there is room for improvement in any organization and the Department of Homeland Security is no different. That being said, it is a tremendous task to ascertain where resources are most needed and allocate them accordingly. Therefore, we applaud the Department’s efforts at improve the system while encouraging DHS to continue to strive for greater efficiency tempered with a respect for the due process rights of all concerned.

For more information on this and other topics related to American Immigration please see: US Visa Thailand or K1 Visa Thailand.

Tags: American Immigration, CBP, Customs and Border Protection Service, Department of Homeland Security, DHS, ICE, Immigration and Customs Enforcement, K1 Visa Thailand, US Immigration, US Visa Process, US Visa Processing, US Visa Thailand, USCIS
Posted in K1 Visa, K1 Visa Thailand, Upcoming Legislation, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Virtually all American news media outlets are reporting on the devastation and destruction brought on by the Earthquake in Haiti. We at Integrity Legal would like to take this opportunity to extend our heartfelt sympathies to all of those who have been adversely impacted by this tragedy. For those of Haitian descent or nationality currently living in the United States, the Earthquake has also had an impact upon Department of Homeland Security (DHS) policy. In a recent press release, the Deputy United States Press Secretary Matt Chandler made the following statement:

“Department of Homeland Security Secretary Janet Napolitano and U.S. Immigration and Customs Enforcement Assistant Secretary John Morton today halted all removals to Haiti for the time being in response to the devastation caused by yesterday’s earthquake. ICE continues to closely monitor the situation.”

We at Integrity Legal would like to let the United States Department of Homeland Security as well as Secretary Napolitano know that we appreciate their compassion in this matter as the situation places that agency in a difficult position.

When an alien in the United States is removed, they are generally sent back to their country of origin. In the case of Haitians they are sent back to Haiti, but sending a deportee back to Haiti under the current circumstance would, at the very least, be considered by most to be a rather callous initiative. By suspending removals, DHS has shown that they can respond to a difficult situation in a decisive and compassionate manner.

Removal from the United States can occur as a result of deportation proceedings in United States Immigration Court or expedited removal can occur at a United States port of entry after the finding by a Customs and Border Protection Officer that the prospective entrant should be removed from the United States.

Depending upon the method of removal, the alien will be inadmissible to the United States for a statutorily prescribed period of time. However, there may be a remedy to the issue of inadmissibility either through use of an I-601 waiver or an I-212 application for advance permission to reenter the United States.  Those who have previously been removed from the US may face even stiffer penalties for trying to reenter after removal if they do not seek a waiver or advance permission to reenter.

For those who have been previously removed from the United States and wish to seek reentry, it would probably be wise to contact a licensed US Immigration lawyer in order to obtain advice about how best to proceed in attempting to obtain US Immigration benefits.

Tags: Department of Homeland Security, DHS, Haiti Earthquake, I-212, I-212 application, I-601, I-601 Waiver, I212, I601, I601 Waiver, Secretary Napolitano, US Immigration, US Immigration Lawyer, US Immigration Lawyer Thailand
Posted in Upcoming Legislation, US Visa and Immigration, Visa Waiver | 1 Comment »

This author recently came across another blog post in which the blog’s author was discussing the role of the Transportation Safety Administration (TSA). The TSA is an agency under the jurisdiction of the Department of Homeland Security tasked with providing security to the aviation sector. The following is a direct quote from the Transportation Safety Administration website regarding the Administration’s mission and tactics:

“We use layers of security to ensure the security of the traveling public and the Nation’s transportation system. Because of their visibility to the public, we are most associated with the airport checkpoints that our Transportation Security Officers operate. These checkpoints, however, constitute only one security layer of the many in place to protect aviation. Others include intelligence gathering and analysis, checking passenger manifests against watch lists, random canine team searches at airports, federal air marshals, federal flight deck officers and more security measures both visible and invisible to the public. Each one of these layers alone is capable of stopping a terrorist attack. In combination their security value is multiplied, creating a much stronger, formidable system.  A terrorist who has to overcome multiple security layers in order to carry out an attack is more likely to be pre-empted, deterred, or to fail during the attempt.”

Most Americans agree that security is a major issue and should be dealt with in a serious and professional manner. However some argue that the TSA is not effectively dealing with terrorism and security issues plaguing the United States. To quote the aforementioned blog post:

“The TSA isn’t saving lives. We, the passengers, are saving our own. Since its inception, the TSA has been structured in such a way as to prevent specific terror scenarios, attempting to disrupt a handful of insanely specific tactics, while continuing to disenfranchise and demoralize the citizens who are actually doing the work that a billion-dollar government agency—an agency that received an additional $128 million just this year for new checkpoint explosive screening technology—has failed to do.”

There is little doubt that no government agency can foresee and forestall any and all terror plots, but the effectiveness of the TSA brings up many questions regarding the efficient use of taxpayer funds in prosecuting the “War on Terror.” In many ways, these fundamental questions must continually be asked, if for no other reason than, to provide an opportunity for Americans Citizens and policymakers to periodically reassess the anti-terrorism measures being undertaken by the US government. The debate over the TSA is only just beginning, but hopefully a communal discourse on these issues will provide benefits to all Americans in the form of a safer and more efficient aviation environment.

For more on traveling to the USA, please see US Visa Thailand.

Tags: Department of Homeland Security, DHS, Transportation Safety Administration, TSA, US Visa Thailand, US War on Terror, War on Terror
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