Integrity Legal

It recently came to this blogger’s attention that representatives from the jurisdictions which comprise the Association of Southeast Asian Nations (ASEAN) are set to meet in September. Further, the Philippine DFA has apparently commented upon these developments. To provide further insight it is necessary to quote directly from the website ABS-CBNNews.com:

MANILA, Philippines – A team of maritime legal experts from the Association of Southeast Asian Nations (ASEAN) is scheduled to meet in Manila in September to begin talks on maritime territorial issues, the Department of Foreign Affairs (DFA) said Friday. This is part of the preventive diplomacy approach wherein ASEAN experts will determine disputed from non-disputed waters, DFA spokesman Raul Hernandez said. “The experts will give a concept paper to determine the zone of peace and cooperation and let them discuss it, assess and hopefully support it. We will present it to the ASEAN and hopefully China will hear it,” he added…

The administration of this web log strongly encourages readers to click upon the hyperlinks noted above to learn more from this insightful article.

There are many who have speculated that the ASEAN region could one day see a single visa system similar to the Schengen system utilized in certain countries of Europe. However, this development remains to be seen. Meanwhile, discussions regarding the tensions which have recently arisen with respect to the South China Sea area have sort of been “tabled” until the upcoming meeting in Manila. Hopefully, this situation evolves into something that is beneficial for all of the ASEAN countries and the Greater Asian region as a whole.

In news pertaining to the continuing struggle for LGBT Equality it recently came to this blogger’s attention that a venerated publication has noted recent shifts in American attitude regarding same sex marriage. To quote directly from the official website of The Economist magazine, Economist.com

[W]hen National Journal polled political “insiders” this month, it found a majority of Democratic politicos, lobbyists and strategists in favour of making gay marriage legal. No less telling, a majority of their Republican counterparts, while continuing to oppose gay marriage, thought their party should just ignore the issue. That might make electoral sense. Since it is the young who are most relaxed about gay marriage, standing in its path might cost the Republicans dear in the future. The notion of denying gays the spousal rights available to others makes little sense to a generation that sees marriage at least as much as a union of soul-mates as a formal structure for child-rearing…That may be why Rudy Giuliani, the former mayor of New York who ran for the presidency in 2008 and may yet do so again, has warned fellow Republicans to “get the heck out of people’s bedrooms”…

This blogger asks readers to click upon the hyperlinks noted above to read further from this insightful article by Lexington.

Frequent readers of this blog may have noted that the Respect for Marriage Act (RFMA) noted above was introduced in the United States House of Representatives by Representative Jerrold Nadler. Representative Nadler is also the sponsor of the Uniting American Families Act (UAFA) which, if enacted, would remedy the current discrimination faced by same sex bi-national couples who cannot receive visa benefits such as the CR-1 visa, the IR-1 visa, or the K-1 visa in the same manner as their different-sex counterparts notwithstanding that they may have a valid State licensed same sex marriage.

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

Tags: ASEAN, ASEAN news, ASEAN region, ASEAN Schengen system, ASEAN Schengen visa, ASEAN Visa, Asian Schengen visa, ASsociation of Southeast ASian Nations, China, China Business, CR-1 Visa, CR1 Visa, Defense of Marriage Act, Defense of Marriage Act News, Department of Foreign Affairs, DFA, DOMA News, gay marriage, ignore the issue, IR-1 Visa, IR1 Visa, K-1 Visa, K1 Visa, Manila, maritime law, maritime legal experts, maritime territorial issues, Philippines, preventive diplomacy, Respect for Marriage Act, RFMA, RFMA News, same sex civil union, same sex union, same-sex partnership, South China Sea, spousal rights
Posted in ASEAN Business, same sex visa | No Comments »

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
Posted in USCIS | 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”
Posted in same sex visa | No Comments »

It recently came to this blogger’s attention that the Department of Justice, in association with the Department of Homeland Security and the Federal Trade Commission (FTC), is taking measures to combat scams involving immigration services for those wishing to travel to the USA . To quote directly from a recent announcement posted upon the official website of the Department of Justice, Justice.gov:

Federal Agencies Combat Immigration Services Scams
DHS, DOJ and FTC Collaborate with State and Local Partners in Unprecedented Effort

WASHINGTON—The U.S. government will unveil a national initiative to combat immigration services scams on June 9 at 1 p.m. The Departments of Homeland Security (DHS) and Justice (DOJ) and the Federal Trade Commission (FTC) are leading this historic effort.
DHS’s U.S. Citizenship and Immigration Services (USCIS), the lead agency responsible for administering the U.S. legal immigration system, will announce the initiative while hosting events in seven cities around the country as well as the national launch in Washington, D.C.

The unauthorized practice of immigration law is an exploitative practice that endangers the integrity of our immigration system and victimizes members of the immigrant community. Understanding the gravity of this deceptive practice, federal, state and local partners have come together to combat immigration services scams on all fronts. The initiative is set upon three pillars: enforcement, education, and continued collaboration. Each agency plays a critical role to ensure the success of this national effort. This initiative exemplifies how government and community can work together to effectively address a serious problem…

The administration of this web log encourages readers to click upon the relevant hyperlinks noted above to learn more about the Justice Department’s recently announced initiative.

Unfortunately, there are many less-than-reputable organizations in jurisdictions such as those which comprise the Association of Southeast Asian Nations (ASEAN) and other locales around the world falsely purporting to have the necessary qualifications to provide advice, counsel, and assistance pertaining to United States visas and immigration.

Processing a United States visa can be a cumbersome and overwhelming process for those unfamiliar with relevant immigration law and procedure. Those thinking about retaining an American lawyer to assist in the acquisition of visas such as the CR-1 visa, IR-1 visa, K-1 visa, EB-5 visa, or L-1 visa (to name just a few visa categories) are encouraged to ascertain the credentials of those claiming knowledge of such matters. This is encouraged because only properly licensed attorneys are permitted to accept fees to engage in the practice of U.S. immigration law pursuant to 8 CFR 292.1.

In general, before a visa applicant can undergo Consular Processing at US Mission abroad (US Embassy, US Consulate, American Institute, etc) they must first receive an approved petition from the United States Citizenship and Immigration Service (USCIS).

For related information please see: US Visa Thailand or Legal.

Tags: 8 CFR 292.1, American Consulate, American Embassy, American Lawyer, ASEAN, ASsociation of Southeast ASian Nations, CR-1 Visa, CR1 Visa, deceptive practice, Department of Homeland Security, Department of Justice, Departments of Homeland Security, DHS, DOJ, EB-5 Visa, EB5 Visa, Federal Trade Commission, FTC, IR-1 Visa, IR1 Visa, K-1 Visa, K1 Visa, L-1 visa, L1 Visa, legal immigration system, U.S. Citizenship and Immigration Services, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Immigration Fraud, Us Immigration Scam, US lawyer, US Visa Scam, US Visa Thailand, USCIS
Posted in US Visa and Immigration | No Comments »

This posting discusses the issues associated with retaining an American attorney to assist with the K-1 visa process. Those thinking about retaining assistance in the K-1 visa process are well advised to conduct thorough research prior to making any irrevocable decisions.

The K-1 visa is a non-immigrant US fiance visa which was intended to be used solely by the foreign fiances of American Citizens. The K-1 visa allows the foreign fiancee of an American Citizen to enter the United States for a period of 90 days of the purpose of marriage. Those who do not marry their American fiance after 90 days in the USA will be required to depart from the USA. Readers should bear in mind that the entrant to the United States on a K-1 visa who marries their loved one must undergo the adjustment of status process in order to gain lawful permanent residence in the U.S.A.

The purpose of this article is to provide insight to Americans about the perils of dealing with non-licensed individuals who purport to be qualified to practice United States Immigration law (or any American law, for that matter) . Pursuant to 8 CFR 292.1 only a qualified lawyer licensed to practice law in at least one U.S. State or Federal jurisdiction is entitled to engage in the receiving of client fees in connection with the practice of United States immigration law. Therefore, those not so qualified must either fit within a narrow exception to the aforementioned rule lest their behavior be deemed to be illegal. It should be noted that attorney-client confidentiality is a significant issue which should be considered when ascertaining the credentials of those claiming qualification in United States immigration matters abroad as there are many so-called “visa agents” or “immigration consultants” claiming qualification to provide services in connection with U.S. immigration. Attorney-client privilege is not extended to those not qualified as an American attorney and therefore discussions with unqualified individuals are likely not privileged communications. Meanwhile, some individuals brazenly, albeit falsely, portray themselves as American attorneys when, in fact, this is simply not the case.

For all of the reasons outlined above it should be noted that only a competent licensed attorney from the United States should be retained to assist prospective clients. Readers should understand that this message is not conveyed as an advertisement of this particular blogger’s services, as this is not this blogger’s intention in creating this posting. Instead, this post should be viewed as a reminder to readers that this decision should be made by prospective clients after serious contemplation and thorough research of all possible candidates for an attorney position. Attorney-Client relationships are not “one size fits-all” and neither is quality legal service. Therefore, the public should conduct research before coming to an informed decision about hiring an attorney.

For related information please see: K1 Visa Thailand or K1 Visa Cambodia.

Tags: American Attorney, American Fiance Visa, American Immigration Attorney, American Immigration lawyer, American Lawyer, American Visa Attorney, American Visa Lawyer, K-1 Visa, K-1 Visa Attorney, K-1 Visa Lawyer, K-1 Visa Process, K1 Visa, K1 Visa Attorney, K1 Visa Bangladesh, K1 Visa Burma, K1 Visa Cambodia, K1 Visa China, K1 Visa Hong Kong, K1 visa India, K1 Visa Indonesia, K1 Visa Laos, K1 Visa Lawyer, K1 Visa Macau, K1 Visa Malaysia, K1 Visa Myanmar, K1 Visa Process, K1 Visa Singapore, K1 Visa South Korea, K1 Visa Taiwan, K1 Visa Thailand, Legal, licensed attorney, licensed lawyer, US attorney, US Fiance Visa, US lawyer
Posted in K1 Visa, K1 Visa Thailand | No Comments »

I have sworn on the altar of God eternal hostility against every form of tyranny over the mind of man.

–Thomas Jefferson (3rd President of the United States of America, First Secretary of State [Washington Administration])

Gay rights are human rights.

– Secretary of State Hillary Rodham Clinton (Former First Lady of the United States)

The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

– 9th Amendment of the United States Constitution, quoted from Wikipedia

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

– 10 Amendment of the United States Constitution, quoted from Wikipedia

It recently came to this blogger’s attention that the Federal Reserve Bank of Richmond located in the sovereign Commonwealth of Virginia has taken political criticism for flying a rainbow flag (traditionally viewed as a flag denoting support for the LGBT community and, for some, their struggle for equal protection under United States law and/or equal recognition of same sex marriage solemnized and/or legalized in one of the sovereign American States, the District of Columbia, or the Federal territories, if applicable). To quote directly from an article by Olympia Meola posted on the official website of the Richmond Times-Dispatch, TimesDispatch.com:

Del. Robert G. Marshall, R-Prince William, is asking the Richmond Federal Reserve Bank to remove the rainbow flag flying below the American flag outside of the building, calling its presence “a serious deficiency of judgment by your organization, one not limited to social issues.” In a letter to Richmond Fed President Jeffrey M. Lacker, Marshall says the homosexual behavior “celebrated” by the bank “undermines the American economy…”

The administration of this web log strongly encourages readers to click upon the relevant hyperlinks noted above to read this story in detail in order to gain further insight into this developing situation.

This blogger must pause this analysis for a moment of personal observation. It is intriguing that Delegate Marshall would seem to be trying to scapegoat some of the blame for recent economic events upon the LGBT, Lesbian, Gay, Bisexual, and Transgender (transsexual, or “third sex“), community. This blogger must retort: how could the LGBT community “undermine” America’s economy? Explain this? Especially since a great deal of economic activity that produces revenue in America comes from married couples trying to make a living, build a home, and start a family. Is it in dispute that marriage and family generate economic benefits for America? If it is not, then the only way the LGBT community could be at fault for some hypothetical economic downturn would seem to arise from the fact that they have not started families (and therefore not generated the concomitant economic activity derived therefrom) due to the fact that they cannot gain the same legal recognition of their relationships in the same way that those in different-sex relationships are able to. This is especially true in the context of same sex bi-national couples as some of these relationships are separated by thousands of miles and jurisdictional boundaries due to the fact that federal enforcement of the so-called “Defense of Marriage Act” (DOMA) does not allow a same sex bi-national couple to petition for the same US visa benefits (such as the CR1 visa or the IR1 Visa, not to mention the K1 visa which is a US fiance visa) in the same manner as a different sex couple. There are currently American federal legislators such as Representative Mike Honda and Representative Jerrold Nadler who have introduced legislation, such as the Reuniting Families Act, the Uniting American Families Act, and the Respect for Marriage Act; which would, to one degree or another, at least end the current discrimination that the bi-national LGBT community faces when trying to reunite with family in the United States of America. Apparently this Federal Reserve Bank was flying this flag pursuant to a request from another organization which appears dedicated to the cause of LGBT equality:

The flag is being flown at the request of PRISM, a Richmond Fed group representing gay, lesbian, bisexual and transgender employees and allies.

This PRISM organization should be commended for their efforts on behalf of the LGBT community, but this blogger must say that he would like to see legislation passed which provides tangible benefits to the LGBT community rather than a gesture from a private corporation which, at least ostensibly, has no role in deciding American policy toward legal recognition of LGBT relationships. Others echoed some of these sentiments, but for what are, in this blogger’s personal opinion, the wrong reasons:

Its presence also prompted mention from Victoria Cobb, president of The Family Foundation in an email release on Wednesday. Although the Federal Reserve is a private entity, it is disappointing to see it participate in this celebration,” she said.

This blogger is always a bit skeptical when a group uses the term “family” when describing themselves as it is usually an indicator that such an organization has its own idea about what the definition of “family” actually is. Concurrently, such organizations are sometimes known to attempt to foist their own paradigm or definition of family upon others who may not necessarily share the same view. Therefore, readers are asked to always conduct their own research on all aspects of such issues in order to form their own well informed opinions.

This blogger must confess that this recent display of support for LGBT equality by the Fed seems a bit disingenuous considering the timing and circumstances. It has recently been reported on some mainstream and alternative media outlets that there are currently worries growing about the state of the American economy. Meanwhile it recently came to this blogger’s attention that the government of China is reported to have diminished their position in United States Treasuries. To quote directly from an article written by Terence P. Jeffrey and posted to the website CNSNews.com:

(CNSNews.com) – China has dropped 97 percent of its holdings in U.S. Treasury bills, decreasing its ownership of the short-term U.S. government securities from a peak of $210.4 billion in May 2009 to $5.69 billion in March 2011, the most recent month reported by the U.S. Treasury. Treasury bills are securities that mature in one year or less that are sold by the U.S. Treasury Department to fund the nation’s debt. Mainland Chinese holdings of U.S. Treasury bills are reported in column 9 of the Treasury report linked here…

Readers are strongly encouraged to click upon the relevant hyperlinks noted above to read this article in full and learn more. This situation is only brought up in the context of this posting to elucidate the fact that the Fed is currently in something of a “pickle”. This news comes upon the heels of recent announcements (noted in a previous posting on this blog) that the USA and China are set to be engaging in cooperative efforts in the context of relations with the Association of Southeast Asian Nations (ASEAN). Clearly, current American relations with China and countries in Southeast Asia are multi-facted and complex so those interested in such topics are encouraged to conduct thorough research before forming opinions on issues associated with American, Chinese, and ASEAN economic policies and relations.

It was recently reported on the website Law.com that the Federal Reserve has come under intense scrutiny from legislators such as Representative Ron Paul for current policies supposedly being maintained by the Fed. To quote directly from an insightful article written by Shannon Green and posted on the website Law.com:

The Congressman criticized the Fed for its reluctance to disclose to the public when banks are unhealthy. Paul said the Fed’s practices of protecting banks’ privacy appears to be at odds with the U.S. Securities and Exchange Commission, which is pushing companies to reveal more information.

Readers are strongly encouraged to click upon the relevant hyperlinks noted above to read this article in full to gain more context.

Whether one agrees or disagrees with positions held by the various members of House of Representatives is not really relevant to the issue of the Fed’s decision to hoist this particular flag at this particular time. Although it is certainly a commendable gesture, this blogger’s response, with all due respect, must be: why so late, and why now? If the Fed is raising the Rainbow flag because they genuinely support LGBT Equality, then great; but if this institution is simply raising this flag because of political expediency or to score some sort of “political points”, then one must ask: why? Hopefully the LGBT community will see their equal rights fully vested soon and this valid grievance will be redressed. In the meantime, this blogger hopes that the American economy will rebound from any relative downturn to find itself more vibrant and dynamic than ever, but some developments take time. For those personally impacted by the current state of affairs: it is hoped that change will come sooner rather than later.

Readers should note that in the context of same sex marriage this blogger feels that fundamentally the issue of LGBT equality is an individual rights issue as the right to enter into a consensual relationship with whomever one wishes is an inalienable natural right reserved to the People notwithstanding the Constitution, but nevertheless enshrined within the provisions of the 9th and 10th Amendments noted above. The implied right of “free association” has also long been held to provide Constitutional protection for Americans wishing to form intimate associations with others. Concurrently, this blogger feels that where sovereign States have heeded the call of their citizenry to provide government licensure of same sex marriages or marital unions, then that licensure acts as an imprimatur of sovereign recognition which, in this blogger’s opinion, cannot be negated by the federal government and must be accorded Full Faith and Credit by sister States within the Union. Those unfamiliar with the Full Faith and Credit Clause should note that Congress can make rules regarding the effect of State law upon other States, but, in this blogger’s opinion, such law cannot be made to render the States’ laws ineffective, which is the current result of the federal government’s application of some, or all, depending upon circumstance; of the provisions of the so-called “Defense of Marriage Act“. This blogger must point out that although same sex couples ought to be able to get Full Faith and Credit for those marriages solemnized and/or legalized in one of the sovereign States of the United States of America, they may not necessarily see States which do not permit same sex marriage in an intrastate context engaging in the legal procedure of divorcing same sex couples as this blogger believes that one must utilize a “horizontal vs. vertical” analysis of the Full Faith and Credit Clause in the context of same sex marriage since there is both an intrastate and interstate component to such an analysis. Such an analysis could, at times, result in a situation where a State Court permits recognition of the fact that a same sex marriage exists in another State jurisdiction, but the Full Faith and Credit Clause’s provisions may not necessarily be interpreted to mean that States should be compelled to grant same sex divorces if the public policy of the State in question does not permit State sanctioned legalization or solemnization of such unions in the first place.

On a side note, this blogger just thought of an interesting hypothetical: could a federal Court with concurrent federal jurisdiction over State territory grant divorces for same sex couples who were married in another State jurisdiction (which allows same sex marriage) if the underlying State’s public policy runs counter to the notion of granting recognition for such unions? It would currently seem that pursuant to the Erie Doctrine the US Courts under such circumstances may be prohibited from undertaking certain functions pertaining to same sex marriages if the underlying State’s law does not recognize such unions. That stated, as of the time of this writing any such analysis remains mere speculation as a broadly binding legal opinion on these issue has yet to be handed down.

Readers interested in learning more about the struggle for LGBT Equality are encouraged to check out UnitingAmericanFamilies.Net, Lez Get Real, and/or the Immigration Equality Action Fund Blog.

For further related information please see: Rainbow Flag or US Company Registration.

Tags: ASEAN, ASsociation of Southeast ASian Nations, Bisexual, Commonwealth of Virginia, companies, CR1 Visa, Defense of Marriage Act, Del. Robert G. Marshall, DOMA, equal protection, Federal Reserve Bank of Richmond, Gay, House of Representatives, IR1 Visa, K1 Visa, Lesbian, LGBT, LGBT community, Mainland Chinese, PRISM, Representative Jerrold Nadler, Representative Mike Honda, Representative Ron Paul, Respect for Marriage Act, Reuniting Families Act, Richmond Fed President Jeffrey M. Lacker, Same Sex Bi-National Couples, Same Sex Marriage, States' Rights, third sex, Transgender, transsexual, U.S. Securities and Exchange Commission, U.S. Treasury bills, U.S. Treasury Department, Uniting American Families Act, US Fiance Visa
Posted in American Business, China Business, Editorial, Opinion, same sex visa, States' Rights, US Business, US Company Registration, US Constitution, US LLC | No Comments »

Frequent readers of this web log may have taken note of the fact that the administration routinely posts the holiday closing schedules of the various US Missions in Asia as a courtesy to the public-at-large. To quote directly from the official website of the United States Embassy in Kabul, Afghanistan:

DATE                                 DAY                           HOLIDAY

January 2*                 (US)  Sunday  New Year’s Day
January 16*               (US)  Sunday  Martin Luther King, Jr. Day
February 15              (AF)  Tuesday  Liberation Day
February 16**           (AF)  Wednesday  Prophet’s Birthday
February 20*              (US)  Sunday  President’s Day
March 21                   (AF)  Monday  Nawrooz (Afghan New Year – 1390)
April 28                      (AF)  Thursday   Victory Day
May 29*                    (US)  Sunday  Memorial Day
July 3*                      (US)  Sunday  Independence Day
August 1**                (AF)  Monday  First Day or Ramadan
August 18***             (AF)  Thursday  Independence Day
Aug 31 – Sept 2**      (AF)  Wednesday – Friday Eid ul-Fitr
September 4*             (US)  Sunday  Labor Day
September 8***          (AF)  Thursday  Martyrdom of National Hero Day
October 9*                 (US)  Sunday  Columbus Day
November 6-8**          (AF)  Sunday – Tuesday Eid-e Qurban
November 10*             (US)  Thursday  Veteran’s Day
November 24               (US)  Thursday  Thanksgiving Day
December 6**             (AF)  Tuesday  10th of Muharram (Ashura)
December 25               (US)  Sunday  Christmas Day

Notes:

*    American holidays marked with an asterisk (*) are observed on a different day than in the US.

**  Afghan holidays marked with double asterisks (**) are based on the Islamic Calendar and depend on sightings of the moon.  As a holiday approaches, adjustments to this schedule may be made based on local practice and Afghan government announcements.

*** Afghan holidays marked with triple asterisks (***) are observed one day earlier.

Those wishing to visit the official homepage of the United States Embassy in Kabul are encouraged to click HERE.

It may sometimes prove necessary for an American Resident Abroad or an American traveling abroad to acquire documentation (US Passport, Consular Report of Birth Abroad, Notarized affidavit, etc.) which can only be obtained from an American Citizen Services section of a US Embassy or US Consulate overseas. Americans seeking such documentation are well advised to contact an American Citizen Services Section with appropriate Consular jurisdiction.

Those seeking an American non-immigrant visa (such as a B-1 visa, B-2 visa, J-1 visa, or F-1 visa) are likely to see their visa application processed at a non-immigrant visa section of a US Embassy, US Consulate, or American Institute abroad. Meanwhile, those seeking an immigrant visa such as a CR-1 visa or IR-1 visa (for purposes of Consular Processing, the K-1 visa; although a non-immigrant US fiance visa, is treated in much the same way as immigrant visa categories for processing purposes) are likely to see their visa application processed by an Immigrant Visa Unit abroad. Immigrant visas such as those noted above are likely to only be granted pursuant to an initial adjudication of an immigration petition at the United States Citizenship and Immigration Service (USCIS).

Those seeking visas such as the EB-5 visa or the L-1 visa are well advised to take note of the fact that it is unlikely that a visa application will be adjudicated by a US Post abroad until after an initial immigration petition is approved by USCIS.

For related information please see: Legal.

Tags: American Consulate, American Embassy, American Institute, American Resident Abroad, B-1 Visa, B-2 Visa, B1 visa, B2 Visa, Consular Processing, consular report of birth abroad, CR-1 Visa, CR1 Visa, CRBA, EB-5 Visa, EB5 Visa, F-1 Visa, F1 Visa, Holiday Closing, Holiday Schedule, IR-1 Visa, IR1 Visa, J-1 visa, J1 visa, K-1 Visa, K1 Visa, L-1 visa, L1 Visa, Legal, United States Citizenship and Immigration Service, United States Embassy in Afghanistan, United States Embassy in Kabul, US Consulate, US Embassy, US Embassy Afghanistan, US Embassy Kabul, US Fiance Visa, us passport, USCIS
Posted in US Embassy Kabul | No Comments »

In a previous posting on this blog the eligibility criteria for the EB-1 visa were briefly discussed. In that same vein, this blogger felt further elaboration on other Employment Based visa categories was warranted to provide insight to readers about issues associated with other employment based preference categories. The United States Citizenship and Immigration Service‘s (USCIS) official website posted an enlightening chart to provide an overall glimpse of the eligibility criteria which this blogger felt could be of interest to readers. To quote directly from the official website of the USCIS, USCIS.gov:

Readers are encouraged to conduct their own research into these issues as the chart above is merely presented to provide something of an overview regarding eligibility. The chart above should not be viewed as an exhaustive analysis of the issues at play in a EB-2 petition.

It should be noted that second preference Employment Based petitions are carefully scrutinized as issuance of such visas is intended for those foreign professionals holding an advanced degree or an alien national of “exceptional ability”. Therefore prospective visa seekers are encouraged to note the rather high standards by which those seeking this visa category will be compared during the adjudication process.

Those seeking the visa categorized as an EB-2 are well advised to remember that adjudication of a visa petition at the Department of Homeland Security‘s USCIS may be only one phase of the overall visa process as those residing outside of the United States may be required to undergo Consular Processing at a US Embassy or US Consulate abroad.

For readers who have happened upon this blog in the past, the mention of the “national interest waiver” may bring to mind the I-601 waiver or the I-212 waiver which could be argued to be somewhat similar. Another type of waiver that could be construed as similar to the “national interest waiver” is the waiver sometimes granted by USCIS to permit the filing of multiple petitions for a K1 visa within a relatively short period of time notwithstanding the provisions of the International Marriage Broker Regulation Act (IMBRA).

Frequent readers may recall that the EB-5 visa is also classified as an Employment Based Visa although the criteria for EB-5 visa issuance is different from those of the EB-2 most notably as the EB-5 visa petitioner must demonstrate that a substantial investment has been made in the United States in order to hope to attain eligibility for EB-5 visa status.

The United States visa process can be overwhelming at times and for this reason many opt to retain the assistance of counsel. That stated, when retaining the services of anyone purporting to be qualified to provide advice and/or assistance regarding immigration matters it may be prudent to ascertain credentials as, pursuant to relevant US law, only a licensed American attorney is permitted to take in client fees while engaged in the practice of United States immigration law.

For related information please see: Legal.

Tags: American Consulate, American Embassy, Consular Processing, Department of Homeland Security, EB-2 Visa, EB-5 Visa, EB2 Visa, EB5 Visa, Employment Based, Employment-Based Immigration: Second Preference EB-2, employment-based second preference visa, I-212 waiver, I-601 Waiver, I601 Waiver, IMBRA, IMBRA Waiver, International Marriage Broker Regulation Act, K-1 Visa, K-1 Visa Process, K1 Visa, national interest waiver, United States Citizenship and Immigration Service, US Consulate, US Embassy, USCIS
Posted in Department of Homeland Security, EB-2 Visa, EB5 Visa, I-601 Waiver, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, US Visa and Immigration, USCIS | No Comments »