Integrity Legal

Those following this blog are likely well aware that that the Coronavirus (or COVID-19) is having a dramatic impact upon logistical issues around the world. In Thailand, the Immigration Bureau has promulgated regulations to allow certain tourists stranded in Thailand to automatically extend Thai visa status. Meanwhile, while the American Embassy in Bangkok has been assiduous in providing up to date information regarding the ongoing ramifications of the crisis with respect to travel arrangements to the USA, a recent segment of a Health Alert from the Embassy drew this blogger’s attention. To quote directly from the Embassy’s website:

When booking a flight out of Thailand we urge you to do so at the earliest opportunity, ideally within the next several days.  If you have booked a flight after this time period, you should consider rebooking for an earlier date or make plans to stay in Thailand indefinitely. [Emphasis Added]

Although readers were likely aware that COVID-19 is causing consternation in booking travel arrangements, this particular warning definitely made this reader acutely cognizant of the possible long term ramifications of failing to make timely travel arrangements back to the USA. On the one hand the term “indefinitely” could be viewed simply as “unspecified period” or “foreseeable future,” but, on the other hand, it certainly has a somewhat ominous undertone. Therefore, those with an intention to return to the USA sooner rather than later are well advised to make all necessary arrangements as soon as possible in order to forestall a situation wherein one’s return to the USA is delayed for a substantially prolonged period of time. Concurrently, those wishing to remain in Thailand are strongly advised to fully ascertain the posture of their visa status as falling into overstay could result in the precarious predicament of being stuck in Thailand out of visa status while simultaneously being unable to return to the USA. This could lead to a situation wherein one finds themselves arrested and/or placed in the Thai Immigration Detention Center. Under such circumstances detention could prove to be a prolonged ordeal as  arranging an expedited deportation could prove difficult in light of the fact that international flights have been severely truncated and the latitude of travel for the deportee may be restricted as other countries may not wish to accept such an arrival especially if onward travel to the USA cannot be readily arranged.

Although we will be updating this blog as the situation evolves, the administration of this platform strongly urges readers to seriously ponder their situation as failure to make a decision in a timely manner could have serious consequences in the future.

Tags: American Embassy Bangkok, American Embassy Thailand, Arrest, arrested, automatic thai visa extension, automatic visa extension, covid-19, covid-19 thailand, covid19, deportation, detention, immigration detention, overstay, Thai Visa, thai visa amnesty, Thai Visa Extension, thai visa waiver, Thailand Visa, us embassy bangkok, us embassy thailand
Posted in us embassy bangkok | No Comments »

Issues surrounding the decline in tourism have been of increasing concern in Thailand over the past months. Many factors seem to be at play when discussing the issue of the tourism downturn in Thailand. For instance, fallout from the US-China Trade War may be playing an integral role in the declining number of tourists coming to Thailand since the slowing of the Chinese economy has knock-on effects regionally. Specifically, the decreased purchasing power of Chinese consumers is causing a decrease in demand for travel packages to Thailand.

The China-specific issues notwithstanding, many have pointed to the increasing strength of the Thai baht as a cause of concern. Budget conscious travelers to Thailand are being put off by the relative increase in cost to travel to the Kingdom as a result of the appreciating local currency.

Finally, some of the decreasing tourist numbers could be attributed to the increasingly stringent immigration policies being placed upon ostensible tourists. In the past, there were a number of individuals who opted to live in Thailand utilizing tourist visas or 30 day stamps. These individuals who have been tabulated as “tourists” in the immigration records, but the reality was that these people were using such visas to live in the Kingdom. New enforcement measures have been put in place and new policies promulgated which are designed to discourage such behavior. For example, where once overstay in Thailand was considered a rather trivial offense which resulted in a relatively nominal fine, especially for those who overstayed their visa for a prolonged period. Now overstay can result in deportation and a prolonged registration on the Thailand Blacklist. Meanwhile, Immigration officers at border checkpoints have been turning away prospective entrants to Thailand if they are using multiple 30 day stamps in one year or are attempting to remain for a prolonged period of time in the Kingdom on single entry or multiple entry tourist visas.

Notwithstanding the above issues, Thailand remains one of the best jurisdictions in Southeast Asia to do business. Proof of the increased interest in Thailand is the fact that Foreign Direct Investment in Thailand has increased by over 200% in 2018. This increase in FDI may be attributed to the fact that the benefits which can be accorded to companies looking to do business in Thailand under the Board of Investment (BOI) are substantial and can even include prolonged tax holidays. Meanwhile, Thailand boasts the best infrastructure in the region and Bangkok has seen tremendous real estate growth as well as infrastructural improvement including, but not limited to, the expansion of the rail system within the city. High speed rail systems are likely to be brought online in coming years as well. Clearly, although Thailand is seeing some decline in terms of tourism it is increasingly apparent that business travelers and investors are choosing the Kingdom to conduct business.

It should be noted that along with all of the above developments, Thailand remains arguably the best jurisdiction for Americans doing business in the region as Americans can enjoy the benefits of the US-Thai Treaty of Amity. This agreement allows Americans citizens and American companies “national treatment” when doing business in the Kingdom thereby permitting 100% ownership of American enterprises operating in Thailand. This coupled with Thailand’s infrastructure and business environment makes Thailand an especially welcoming destination for American investment.

Tags: Amity Company, Amity Treaty, Amity Treaty Company, blacklist, Board of Investment, BOI, deportation, Deported, National Treatment, overstay, tax holiday, Thai Tourist Visa, Thailand 30 day stamp, Thailand Blacklist, Treaty of Amity, US-China Trade War, US-Thai Amity Treaty, US-Thai Treaty of Amity, Visa Exemption
Posted in Thailand Business | No Comments »

As the year 2019 opens, it appears as though the process of obtaining and maintaining a Thai or American visa will be more difficult compared to years past. Although certain aspects of each process may involve increased laxity, flexibility, or efficiency the overall theme from immigration authorities in the United States and Thailand would seem to be one of heightened scrutiny and increasingly stringent enforcement measures.

American Immigration Issues

Some facets of the US visa process look to be improving. For example, the Department of State through the National Visa Center and various Embassies and Consulates abroad are becoming more efficient by shifting away from paper documentation over to a new digitized interface allowing faster processing of supporting documentation for immigrant and non-immigrant visa applications. This blogger can say from personal experience that the new system still has some issues to be worked out, but the overall system would suggest that faster processing times at NVC are likely to be a mainstay in the future.

That stated, the overall process of obtaining a US visa would appear to be getting more difficult especially in light of the current administration’s addition of a National Vetting Center tasked with adding scrutiny to the overall adjudication of visa petitions. Meanwhile, policy changes regarding adjudication of visa applications are likely to have substantial impact upon the amount of denials which are issued by USCIS in coming years. A memorandum which came into effect in September of 2018 allows officers of the United States Citizenship and Immigration Service to deny visa petitions much more easily compared to times past when a Request For Evidence generally had to be issued before a denial. These developments coupled with creation of bodies such as the DeNaturalization task force and the prospect of a prolonged government shutdown would suggest that matters pertaining to American immigration are likely to prove more difficult moving forward.

Thai Immigration Issues

Meanwhile, as the United States’ Immigration apparatus becomes more cumbersome, Immigration authorities in Thailand do not seem to be backing down from their position regarding immigration and immigration enforcement in the Kingdom. In the lead up to 2019, the overarching policy of “Good Guys in Bad Guys Out” (a policy of encouraging lawful visitors and immigrants to the Kingdom while attempting to discourage travelers with more nefarious motives) manifested itself in terms of enforcement with “Operation X-Ray Outlaw Foreigner“. By the end of 2018 Surachate “Big Joke” Hakparn had announced that tens of thousand of illegal aliens had been arrested, deported, and blacklisted from returning to Thailand. In December of 2018 further statements would suggest that although a great number of visa violators have been precluded from remaining in Thailand, the Immigration office’s vigilance will not decrease. Concurrently, the process of obtaining extensions of Thai retirement visas and Thai marriage visas are likely to become more difficult for some people as it will no longer be possible to obtain an income affidavit for such extensions. This comes at the same time as immigration authorities make comments that would indicate prospective increased scrutiny on those using visa services to obtain retirement and marriage visa extensions by dint of funds on account in a Thai bank.

All of the above developments would indicate that immigration matters in both countries will continue to be complex if not downright difficult in the coming year and beyond.

Tags: American Immigration, American Visa, Arrest, big joke, blacklist, denaturalization task force, deportation, Good Guys in Bad Guys out, Income Affidavit, National Vetting Center, National Visa Center, Operation X-Ray Outlaw Foreigner, surachate hakpal, surachate hakparn, Thai Immigration, Thai Marriage Visa, Thai Retirement Visa, Thai Visa, Thailand Immigration, Thailand Marriage Visa, Thailand o visa, Thailand Retirement Visa, Thailand Visa, US Immigration, US Visa, visa service thailand
Posted in Thailand Visa, US Visa and Immigration | No Comments »

Even less-than-avid readers of news regarding Thai Immigration matters are probably aware that there have been a number of changes which have occurred within the ranks of the Immigration Bureau in Thailand (including the appointment of Surachate Hakparn also known as “Big Joke” as head of Immigration). Also, there have been a number of incidents which point to an overall shift in the paradigm of Immigration officers in the Kingdom of Thailand. For example, the ongoing raids occurring throughout Thailand under the Operation X-Ray Outlaw Foreigner program and the follow-on arrests, deportations, and blacklisting associated therewith.

Meanwhile, Immigration Checkpoints at various ports of entry throughout the country have seen multiple postings of signs explaining that there is to be “No Tipping” of Immigration personnel by those entering the Kingdom from abroad. The initiative appears to be especially aimed at those arriving in Thailand in need of a Visa on Arrival. This news came upon the heels of reports that individuals were recently arrested in connection with an immigration matter as it was found that the individuals in question were apparently attempting to use forged documents in order to obtain a Thai visa extension. The upshot of these arrests has resulted in increased scrutiny of those filing applications for Thai visa extension. As of the time of this writing, the heightened scrutiny of extension applications appears to be being applied across the board and not exclusively to cases which may be deemed suspicious. This is resulting in delays and difficulties for many people seeking to extend their non-immigrant visa status in the Kingdom.

It recently came to this blogger’s attention via the Bangkok Post that there are even further developments with respect to Thai Immigration. To quote directly from a recent Bangkok Post article:

The defence minister has ordered the IB to strictly enforce the law against foreign nationals overstaying their visas and those who remain in the country despite their visas having been revoked…Lt Gen Kongcheep added the foreign nationals identity database has to be integrated with the immigration screening facilities at border checkpoints and airports to help identify more quickly those who might pose as a threat to national security. Meanwhile, Pol Maj Gen Surachate announced IB will begin to deport visa overstayers — of which there are at least 40,000 — within a month.

These developments would represent substantial changes in terms of the way Immigration authorities currently enforce the law. Moreover, it is notable that the Immigration database will soon be linked to a more broad identity database which will likely result in better coordination between different government ministries in Thailand. As a result, Immigration authorities will be better equipped to identify and possibly forestall those deemed to be undesirable from entering or reentering the Kingdom.

If there are actually 40,000 individuals currently overstaying their status in Thailand it seems logical to infer that the implementation of these measures along with those previously implemented will result in a large number of such individuals being apprehended and possibly deported from Thailand. It should be noted that those arrested in Thailand for visa overstay are likely to be placed on the Blacklist and precluded from returning to the Kingdom for a prolonged period of time.

Tags: arrest in thailand, Arrested in Thailand, business visa extension, deport visa overstayers, deportation, Deported, deported from thailand, foreign nationals identity database, immigration tea money, Operation XRay Outlaw Foreigner, overstay, overstaying, tea money, Thai blacklist, thai business visa extension, thai immigration blacklist, thai visa blacklist, Thai Visa Extension, Thai Visa Overstay, Thailand Blacklist, thailand business visa extension, thailand deportation, Thailand Immigration Blacklist, Thailand visa extension, thailand visa on arrival, tipping, under arrest in thailand, visa extension application thailand, visa overstay
Posted in Thailand Visa | No Comments »

For those who have been following the news in recent days it is not new information that President Donald Trump has signed new executive orders with respect to US immigration and travelers from various countries. Effectively, these orders ban certain foreign nationals from obtaining a visa to the USA or entering the USA for at least 90-120 days. Although at present it appears that these orders will only directly impact nationals of Iraq, Syria, Iran, Libya, Somalia, Sudan, and Yemen there are certain aspects of the order which may impact the US immigration process in a broad sense. For example so-called “extreme vetting” protocols which these orders call for may conceivably be implemented by State Department personnel worldwide in connection with the US visa process. Furthermore, it now appears that those who already hold green cards, but are outside of the USA may be turned away by United States Customs and Border Protection (USCBP) or be required to undergo further screening which was not required for reentry to the USA in the past.

Many following this story may be asking themselves: by what authority is the President able to impose these recent restrictions? Pursuant to 8 U.S. Code § 1182:

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

It should further be noted that the same statute goes on to mention that the Attorney General has specific powers with regard to the aforementioned issue:

Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.

Clearly, the President has statutory authority to impose restrictions like those recently created by Trump. The section regarding the power of the Attorney General in this regard is mentioned because in many cases individuals affected by these new rules will be denied the ability to board an airline bound for the USA as airlines and airline personnel do not wish to be the subject of fines and sanctions associated with transporting someone to the USA who has a strong chance of being refused entry.

As of the time of this writing, it remains to be fully seen exactly how these recent executive orders will play out. This is especially true in light of the fact that certain legal actions have resulted in court orders against implementation of these initiatives. Notwithstanding these developments it is very likely that many of the recently enacted restrictions will remain, at least for practical purposes, in place in the foreseeable future.

Tags: deportation, Executive Order, Extreme Vetting, Immigration ban, Refusal of Entry, Trump, United States Customs and Border Protection, US Immigration, US Immigration Executive Order, US Visa, USCBP, visa ban
Posted in Legal News, USCBP | No Comments »

It recently came to this blogger’s attention that it would appear as though the Department of Homeland Security‘s United States Citizenship and Immigration Service (USCIS) is placing certain deportations on hold if such a proceeding pertains to the same sex spouse of a United States Citizen or Lawful Permanent Resident. To quote directly from the website dailynews-update.net:

The U.S. Citizen and Immigration Service confirmed Monday that it has temporarily put some deportations of partners in same-sex marriages on hold if they could be affected by the recent Department of Justice decision to no longer defend the Defense of Marriage Act.

Chris Bentley, Press Secretary for the USCIS said in a statement: “USCIS has issued guidance to the field asking that related cases be held in abeyance while awaiting final guidance related to distinct legal issues.”

The administration of this blog highly recommends that readers click on the above links to view this story in its entirety.

There are many “distinct legal issues” at play when it comes to the issue of same sex marriage and governmental recognition thereof. Those who read this web log with any frequency may have noticed that this blogger has dedicated a great deal of time to commenting and following this issue as it is truly a struggle for both the civil rights of American Citizens and Lawful Permanent Residents as well as a struggle for Federal recognition of sovereign State prerogatives on the issue of marriage.

Throughout the struggle for equal marriage rights for the LGBT community there have been many legislators who have supported the cause of same sex bi-national couples. Most notably, Representative Jerrold Nadler has repeatedly introduced legislation such as the Uniting American Families Act (UAFA) in an effort to make headway in securing immigration benefits for same sex bi-national couples in the same manner accorded to their different-sex counterparts. Meanwhile, as noted on this blog, groups such as Immigration Equality and their Immigration Equality Action Fund Blog have recently announced a position regarding DHS issuance of Green Cards for foreign same sex partners of American Citizens and Lawful Permanent Residents. Announcements such as these are important because they illuminate the extent to which the political and immigration systems are evolving in an effort to deal with this issue. Clearly, the LGBT equal rights movement has an organic base committed to seeing real change in the immigration system.

It was recently noted on this blog that the Obama administration’s Attorney General Eric Holder issued a letter to the Speaker of the House of Representatives noting that the administration no longer felt that pursuing so-called “Defense of Marriage Act“  (DOMA) cases was Constitutional. There are some who would argue that this action is contrary to the administration’s duty pursuant to United States law. Some members of Congress, as well as apparent presidential hopeful Newt Gingrich, have even made noises about impeachment regarding this issue. As of the time of this writing, such an action has not taken place.

This blogger personally disagrees with the American administration’s decision not to pursue DOMA cases because doing so could preclude Supreme Court adjudication due to lack of a “case or controversy” before that body. This blogger would also argue that the Supreme Court is the best adjudicator of this issue as there are many ramifications of same sex marriage recognition pursuant to the provisions of the Full Faith and Credit Clause of the United States Constitution.

How the whole issue of same sex marriage, and American government recognition thereof; will ultimately be decided remains to be seen, but for advocates of equal LGBT immigration rights this recent USCIS decision is definitely a positive one.

For related information please see: LGBT visa.

Tags: Chris Bentley, Defense of Marriage Act, Department of Homeland Security, deportation, DOMA, expedited removal, Full Faith and Credit Clause, Immigration Equality Action Fund Blog, Jerrold Nadler, LGBT marriage, lgbt visa, removal, Same Sex Bi-National Couples, Same Sex Marriage, uafa, United States Citizenship and Immigration Service, Uniting American Families Act
Posted in same sex visa | No Comments »

The United States Customs and Border Protection Service (USCBP) is tasked with maintaining the security of America’s ports and overseeing the execution of customs regulations. In previous posts on this blog, it has been noted that there is a great deal of economic opportunity in the Asia-Pacific region. Some Americans are unfamiliar with a body known colloquially as APEC (Asia Pacific Economic Cooperation). This body has become an increasingly important platform for discussion of various subjects pertaining to inter-jurisdictional matters arising in the Asia-Pacific region. To quote the APEC website directly:

Asia-Pacific Economic Cooperation, or APEC, is the premier forum for facilitating economic growth, cooperation, trade and investment in the Asia-Pacific region .

APEC is the only inter governmental grouping in the world operating on the basis of non-binding commitments, open dialogue and equal respect for the views of all participants. Unlike the WTO or other multilateral trade bodies, APEC has no treaty obligations required of its participants. Decisions made within APEC are reached by consensus and commitments are undertaken on a voluntary basis.

This consensus driven initiative has proven effective in facilitating international trade, cooperation, and dialogue. In a recent press release it was announced that the USCBP will likely be taking on a more hand-on role within the APEC framework. To quote the press release as distributed by the American Immigration Lawyers Association (AILA):

U.S. Customs and Border Protection announced today that it will host the Subcommittee on Customs Procedures as part of the 2011 Asia-Pacific Economic Cooperation (APEC) meetings that will be chaired by the United States. The Sub-committee on Customs Procedures coordinates CBP’s efforts in customs, immigration and counter-terrorism with partner agencies throughout APEC member countries. The yearlong chairmanship will be handed over to CBP from the Japan Customs and Tariff Bureau today.

“CBP is proud to be hosting the distinguished members of the Sub-committee on Customs procedures for the 2011 APEC meetings,” said Commissioner Alan Bersin. “It is of vital importance to the security of our global economy for the members to coordinate and share
customs best practices.”

The subcommittee is a working level group within APEC. It brings Customs administrations of APEC Member Economies together to simplify and harmonize customs procedures and to ensure trade moves efficiently and safely across the Asia-Pacific region. APEC is the premier forum for facilitating economic growth, cooperation, trade and investment in the Asia-Pacific region. The APEC region is home to more than 2.7 billion
people and represents approximately 60 percent of the world GDP and 44 percent of world trade.

Japan officially turns over the Chair of APEC to President Barack Obama at the November 13-14, 2010 Leader’s Meeting in Yokohama, Japan.

This is a very interesting development from an economic perspective as it would appear that the United States is taking a keener interest in Asia-Pacific affairs. This may be due to the recent downturn in the US economy as well as the rise of The Peoples’ Republic of China as a major player in global economic relations. Whatever the reason for this increasing interest in the region, this author welcomes further streamlining of Customs procedures in an effort to stimulate new transnational trade and facilitate preexisting trading relationships in an effort to increase the volume trade between the United States and the members of APEC.

Hopefully, through voluntary cooperation trade can be increased and the security of the USA and the other APEC member nations will be increased. To further quote the aforementioned press release distributed by AILA:

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation’s borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

Hopefully, this new multilateral initiative will be beneficial for all concerned as US officials and Customs authorities from other participating nations can pool some resources in an effort to combat international crime and facilitate the execution of relevant immigration laws.

Many Americans and foreign nationals are under the mistaken impression that Customs and Border Protection simply “rubber stamps” entrants to the United states who are either from countries participating in the Visa Waiver Program or have a US Tourist Visa. Nothing could be further from the truth as even those entering the USA with a valid visa could be turned away or placed in Expedited removal proceedings depending upon their travel history. Those interested in traveling to the USA from a country abroad may find the assistance of an American attorney beneficial as such an individual may be able to provide insight into the Immigration process and streamline the processing of visa applications and petitions.

For related information please see: US Visa China.

Tags: AILA, American Attorney, APEC, ASEAN, Asia Pacific Economic Cooperation, Department of Homeland Security, deportation, expedited removal, removal, United States Customs and Border Protection, US Tourist Visa, US Visa China, US Visa Thailand, USCBP
Posted in American Institute Taiwan, Department of Homeland Security, US Business, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Emassy Mongolia, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US Tourist Visa, US Visa, US Visa and Immigration, US Warrants, USCBP | No Comments »

The United States Immigration and Customs Enforcement Service (USICE or more commonly referred to by the acronym: ICE) is tasked with enforcing American Immigration and Customs law. Often ICE officers are involved in programs aimed at apprehending those in the United States illegally or those who initially came to the United States legally, but later either dropped out of lawful status or committed a criminal offense which created a legal ground for removal. For the most part, ICE seems to primarily deal with immigration violations which occur along the Southern border of the United States as this has increasingly been an area where illegal immigration occurs frequently. However, their mandate includes all immigrants and foreign nationals from countries around the globe and in a recently promulgated announcement from  the Department of Homeland Security (DHS), distributed by the American Immigration Lawyers Association (AILA), it was noted that those from Asian countries who violate US law are just as susceptible to removal. To quote directly from the aforementioned announcement:

SEATTLE – In a chartered flight that originated in Seattle on Aug. 31, U.S. Immigration and Customs Enforcement (ICE) returned 96 immigration violators to the Philippines, Vietnam, Indonesia, Malaysia, Japan and Cambodia; 66 of them had committed criminal offenses in the United States.

ICE’s Office of Enforcement and Removal Operations (ERO) coordinated the flight that returned 66 Filipinos, 18 Indonesians, 5 Cambodians, 4 Malaysians, 2 Japanese, and 1 Vietnamese nationals to their respective countries. The group included 79 males and 17 females. These individuals came into ICE custody from locations throughout the United States and were housed at various detention facilities across the country before being transported to the Northwest Detention Center in Tacoma, Wash., shortly before the flight.

Among the 66 who had been convicted of criminal offenses while living in the United States, their crimes included homicide, felony drug trafficking and possession, rape and other sex crimes, aggravated assault, weapons possession, grand theft, and burglary.

“This year, ICE expects to remove a record number of criminal aliens from the country and charter flights like this are a big part of making that happen,” said ICE Director John Morton. “The United States welcomes law-abiding immigrants, but foreign nationals who violate our laws and commit crimes in our communities should be on notice that ICE is going to use all its resources to find you and send you home.”

ICE officers and medical staff with the Division of Immigration Health Services accompanied aliens on the flight.

Removal from the United States is a serious matter and those immigrants present in the USA on some sort of immigrant visa are well advised to adhere to US law and maintain lawful immigration status at all times. That said, those who have been deported from the US are generally not able to lawfully reenter the United States for a statutorily prescribed period of time. Those barred from the USA may be able to reenter after an approval of either an I-601 waiver or an I-212 petition for advance permission to reenter the USA. In some cases, those removed from the United States are indefinitely ineligible for readmission to the US. USICE offices overseas seem to be tasked with making certain that those removed from the United States actually return to their home country or remain abroad in an effort to prevent from them returning to the USA unlawfully.

United States Immigration law is a complex area of American jurisprudence. The existence of an American warrant on an alien’s record or prior criminal convictions in US Courts can have a serious impact upon one’s ability to immigrate to, and remain in, the United States.

Those seeking information about specific immigration issues are well advised to contact a US attorney in order to ascertain one’s options pursuant to American Immigration law.

For related information please see: Warrant For Arrest, US Visa Indonesia, or US Visa Vietnam.

Tags: Department of Homeland Security, Deport, deportation, Deportee, expedited removal, illegal immigrant, illegal immigration, removal, Removed, undocumented alien, undocumented foreign national, United States Immigration and Customs Enforcement, unlawful alien, unlawful presence, US Visa Cambodia, US Visa Indonesia, US Visa Japan, US Visa Malaysia, US Visa Philippines, US Visa Vietnam, USICE
Posted in American Institute Taiwan, Comprehensive Immigration Reform, Department of Homeland Security, Extradition, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, USICE | No Comments »

Visa denial is generally something that most bi-national couples do not wish to discuss, but it is something that should be researched by the prospective visa petitioner as legal grounds of inadmissibility and the I-601 waiver process could be relevant to an individual couple’s Immigration petition and visa application.

In a recent report from the Congressional Research service (distributed by AILA) the issue of visa denial was discussed as the report looked at the reasons for denial and the overall trends in inadmissibility findings:

“Most LPR [Lawful Permanent Residence] petitioners who were excluded on §212(a) grounds from FY1994 through FY2004 were rejected because the Department of State (DOS) determined that the aliens were inadmissible as likely public charges. By FY2004, the proportion of public charge exclusions had fallen but remained the top basis for denial. The lack of proper labor certification was another leading ground for exclusion from FY1994 through FY2004. By FY2008, however, illegal presence and previous orders of removal from the United States was the leading ground.”

The finding of a “public charge” grounds of inadmissibility is related to the affidavit of support. A finding that an alien is likely to be a “public charge” stems from a finding that the sponsor does not have the requisite income and assets necessary to support the alien for whom benefits are being sought. The report goes further to note that Comprehensive Immigration Reform may tackle some of the issues associated with the trends in visa application denials:

“Legislation aimed at comprehensive immigration reform may take a fresh look at the grounds for excluding foreign nationals enacted over the past two decades. Expanding the grounds for inadmissibility, conversely, might be part of the legislative agenda among those who support more restrictive immigration reform policies.”

It is interesting to note that the Immigration system may become more stringent or more lax depending upon the mood of legislators with regard to the issue of immigration. That being said, a more detailed look at the current trends provides insight into the dynamics of the system as a whole:

“[M]ost LPR petitioners who were excluded on §212(a) grounds in FY1996 and FY2000 were rejected because the DOS determined that the aliens were inadmissible as likely public charges. In FY2004, the proportion of public charge exclusions had fallen, but remained the top basis for denial. The lack of proper labor certification was another leading ground for exclusion in FY1996, FY2000, FY2004, and FY2008. By FY2008, however, illegal presence and previous orders of removal from the United States had become the leading ground.”

It is interesting to note that unlawful presence and previous removal had become the leading grounds of inadmissibility cited by the year 2008. This would seem to support the anecdotal evidence and personal experience of this author as more and more prospective entrants to the US seem to be placed in expedited removal proceedings with greater frequency. Also, there seems to be an increasing trend of increasingly zealous enforcement of Immigration law in the USA as illegal aliens are placed in removal proceedings more frequently.

For further information about visa denial please see: K1 visa. For general information about US Immigration from Thailand please see: US Visa Thailand.

Tags: deportation, Deported, expedited removal, removal, us visa denial, US Visa Denial Thailand
Posted in CR1 Visa, Department of Homeland Security, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCBP, USCIS, USICE | No Comments »

On this website, there is a great deal of information regarding I-601 waivers and grounds of inadmissibility.  However, there are other situations where a foreign national can be barred from reentering the United States of America. For example, where an alien has been deported or removed from the United States, they are usually subject to a reentry ban for a statutorily specified period of time. If a foreign national has been previously deported or removed from the United States, then that person must submit an I-212 application to reapply for admission to the United States (also known as advance permission to reenter).

Deportation and removal are technically the same thing as the terms can be used interchangeably. That being said, forms of removal from the United States should be looked at on a kind of legal spectrum. What is commonly referred to as “Deportation” occurs after a finding by an Immigration Judge that a person should be removed from the United States of America. Another form of removal is known as “expedited removal” this commonly occurs at a port of entry in the United States where a Customs and Border Patrol (CBP) Officer finds that an applicant for admission is not fit for entry under one or more of the  provisions of the United States Immigration and Nationality Act. In many situations, a Border Patrol Officer will allow an applicant for admission to voluntarily withdraw their application and return to the point of origin. In this situation, which is akin to voluntary departure, the applicant’s US Immigration record is not adversely affected. However, it is within the officer’s discretion to place the alien in expedited deportation proceedings and thereby have them removed from the United States.

When an alien is removed from the United States through the use of expedited deportation, that alien is barred from reentering the United States without first receiving approval of the aforementioned statutorily mandated I-212 petition. These applications are somewhat similar to I-601 waivers in that the applicant must show something  like extreme hardship to a United States Citizen would occur if the application were denied and the applicant remained inadmissible.

Avoiding expedited deportation at a port of entry (and the consequences arising therefrom) is just another reason why visa seekers should apply for a visa which comports with their intent. One who is viewed as using a United States tourist visa improperly (hiding their intention to marry in the US and adjust status) could be placed in expedited deportation proceedings. If removed, then a great deal of time and resources would need to be expended to deal with the inadmissibility. Therefore, it is not only ethically incumbent upon all applicants to be honest in their immigration endeavors, but it is also practical because avoiding expedited deportation is a great benefit from a long term perspective.

For the above described reasons, those wishing to bring a Thai loved one to the United States for the purpose of marriage are encouraged to utilize a K1 visa for this purpose as a fiance visa is the appropriate travel document reflecting the couple’s true intentions. For those already married, a CR1 visa or a K 3 visa is preferable to a tourist visa if adjustment of status is the ultimate goal.

Tags: CBP, deportation, expedited removal, I-212, I-601, I212, I601, Inadmissibility, K1 Visa, K1 Visa Thailand, K3 Visa, removal, Tourist Visa, Waiver
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS, Visa Waiver | No Comments »