Integrity Legal

The Department of Homeland Security is a vast bureaucracy with many different components. The Ombudsman’s office can be very helpful for those who have had a file go missing or otherwise need assistance in dealing with the United States Citizenship and Immigration Service (USCIS). Recently, Secretary Napolitano of Homeland Security appointed a new Ombudsman. The American Immigration Lawyers Association (AILA), noted the appointment in a recent press release:

“In a message to employees yesterday afternoon, Secretary Napolitano announced the appointment of January Contreras as Citizenship and Immigration Services (CIS) Ombudsman for the Department of Homeland Security.”

Secretary Napolitano was quoted as saying that the new Ombudsman has “valuable experience,” which will assist in her future endeavors. To further quote the above press release:

“Ms. Contreras previously served as a Senior Advisor to Secretary Napolitano, where she helped lead the Department’s response to the H1N1 flu and oversaw Department initiatives for the White House Council on Women and Girls. She formerly led the Arizona Department of Health Services, managing nearly 2,000 employees and overseeing the state’s public health and behavioral health systems. In addition, she has 10 years of experience in litigation and policy including health and its interaction with immigration policy and legislation.”

The aforementioned press release also noted the exact nature of the USCIS Ombudsman’s role:

“The CIS Ombudsman provides independent analysis of problems encountered by individuals and employers interacting with U.S. Citizenship and Immigration Services, and proposes changes to mitigate those problems.”

Contacting the USCIS Ombudsman’s office can be very beneficial for those with a pending K1 visa or K3 visa application. However, the office should not be contacted simply to request information regarding the status of a pending case as the USCIS website is probably the more appropriate place to seek this information.

This author hopes that the appointment of this new Ombudsman will further protect the interests of those processing their application with USCIS. With that in mind, in recent months the USCIS Service Centers seem to be processing applications with a great deal of efficiency and there does not appear to be any reason to believe that this will not continue in the future. It should be noted that the Ombdsman does not oversee the administration of the US Embassy Thailand. The Department of Homeland Security and the Department of State (the agency with jurisdiction over US Embassies and Consulates, like the US Consulate in Chiang Mai) are two separate agencies and their staff do not generally have overlapping jurisdiction. For issues concerning the Embassy it is usually best to contact the Embassy directly.

Tags: American Embassy Bangkok, American Embassy Thailand, American Visa Thailand, Department of Homeland Security, Department of State, K-1 Visa, K-1 Visa Thailand, K-3 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand, USCIS, USCIS Ombudsman, USCIS website
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The United States Department of Homeland Security recently announced rule changes that will effect those traveling to the United States of America. Under the new rules, clearer lines have been drawn with regard to searches of media devices belonging to those entering the USA. To quote an official press release from the US Department of Homeland Security:

“The new directives address the circumstances under which U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) can conduct border searches of electronic media—consistent with the Department’s Constitutional authority to search other sensitive non-electronic materials, such as briefcases, backpacks and notebooks, at U.S. borders.”

These new rules will have an important impact upon those Americans residing in Thailand who return to the United States of America on a regular basis. These rule changes are even more important for the fiance or spouse of a US citizen traveling to the United States on a K1 or K3 visa. In many cases, the Thai fiancee or spouse has a less than perfect grasp of the English language and therefore cannot adequately communicate with the Customs and Border Patrol (CBP) Officers. Therefore, it may be wise for the American citizen loved one to research the situation in order to explain to the Thai entrant the possible issues that may arise at the port of entry into the United States.

One interesting aspect of this rule change deals with the right of the person being searched to be present while the search takes place:

Searches of electronic devices should be conducted in the presence of the individual whose information is being examined unless there are national security, law enforcement, or other operational considerations that make it inappropriate to permit the individual to remain present. Permitting an individual to be present in the room during a search does not necessarily mean that the individual will be permitted to witness the search itself. If permitting an individual to witness the search itself could reveal law enforcement techniques or potentially compromise other operational considerations, the individual will not be permitted to observe the search itself.

It is important to note that the United States government has a great deal of unfettered search authority because they consider someone who has not actually been admitted into the US to be outside of the jurisdictions of the US constitution. Therefore, since the constitution does not apply, then normal rules restricting unlawful search and seizure do not apply. This can have a major impact upon an alien seeking entry to the USA, because they will not be accorded the same legal protections as they would after having been admitted.

Tags: CBP, Customs and Border Patrol, Department of Homeland Security, DHS, ICE, Immigration and Customs Enforcement, Search and Seizure
Posted in Fiance Visa Thailand, General Legal Information, K-3 Visa Thailand, K1 Visa Thailand, Legal Opinion, Miscellaneous | No Comments »