Integrity Legal

Since the last posting on this blog there have been a number of developments and discussions with respect to both Thai and American immigration issues. One development which has received substantial media coverage has been the Executive Orders signed by President Biden with regard to Immigration policy. Of particular note to the administration of this web log was the order titled: Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans. The content of this Executive Order seems designed to impose a new policy paradigm upon the Immigration bureaucracy (or perhaps reimpose of a previously existing paradigm). This effort to change the prevailing paradigm is evidenced in the opening lines of the order itself:

Consistent with our character as a Nation of opportunity and of welcome, it is essential to ensure that our laws and policies encourage full participation by immigrants, including refugees, in our civic life; that immigration processes and other benefits are delivered effectively and efficiently; and that the Federal Government eliminates sources of fear and other barriers that prevent immigrants from accessing government services available to them…The Federal Government should develop welcoming strategies that promote integration, inclusion, and citizenship, and it should embrace the full participation of the newest Americans in our democracy.

Clearly, the administration seeks to re-establish a sense of decorum and compassion tot eh immigration system. The order goes on the delineate as to more concrete steps toward those ends:

Sec. 3.  Restoring Trust in our Legal Immigration System.  The Secretary of State, the Attorney General, and the Secretary of Homeland Security shall review existing regulations, orders, guidance documents, policies, and any other similar agency actions (collectively, agency actions) that may be inconsistent with the policy set forth in section 1 of this order.

(a)  In conducting this review, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall:

(i)   identify barriers that impede access to immigration benefits and fair, efficient adjudications of these benefits and make recommendations on how to remove these barriers, as appropriate and consistent with applicable law; and

(ii)  identify any agency actions that fail to promote access to the legal immigration system — such as the final rule entitled, “U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements,” 85 Fed. Reg. 46788 (Aug. 3, 2020), in light of the Emergency Stopgap USCIS Stabilization Act (title I of division D of Public Law 116-159) — and recommend steps, as appropriate and consistent with applicable law, to revise or rescind those agency actions.

(b)  Within 90 days of the date of this order, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall each submit a plan to the President describing the steps their respective agencies will take to advance the policy set forth in section 1 of this order.

(c)  Within 180 days of submitting the plan described in subsection (b) of this section, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall each submit a report to the President describing the progress of their respective agencies towards implementing the plan developed pursuant to subsection (b) of this section and recognizing any areas of concern or barriers to implementing the plan.

It remains to be seen precisely how this will impact the American immigration system, and it should be noted that the apparatus is unlikely to fundamentally change over night. That stated, there is good reason to hope there may be “light at the end of the tunnel” after months of seemingly unnecessary delay and obfuscation in the visa process. There does appear to one area of particular interest to the current administration with respect to US immigration. Namely, there have been a number of issues associated with the “Public Charge rule” and prior to the issue of COVID-19 coming to the forefront of immigration analysis, public charge was shaping up to be a significant obstacle for a number of family based immigration cases (including, but not limited to: the K-1 visa, the K-3 visa, the CR-1 visa, and the IR-1 visa categories). The recently promulgated order seems to take this issue seriously:

The Secretary of State, the Attorney General, the Secretary of Homeland Security, and the heads of other relevant agencies, as appropriate, shall review all agency actions related to implementation of the public charge ground of inadmissibility in section 212(a)(4) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(a)(4), and the related ground of deportability in section 237(a)(5) of the INA, 8 U.S.C. 1227(a)(5).  They shall, in considering the effects and implications of public charge policies, consult with the heads of relevant agencies, including the Secretary of Agriculture, the Secretary of Health and Human Services, and the Secretary of Housing and Urban Development.

(a)  This review should:

(i)    consider and evaluate the current effects of these agency actions and the implications of their continued implementation in light of the policy set forth in section 1 of this order;

(ii)   identify appropriate agency actions, if any, to address concerns about the current public charge policies’ effect on the integrity of the Nation’s immigration system and public health; and

(iii)  recommend steps that relevant agencies should take to clearly communicate current public charge policies and proposed changes, if any, to reduce fear and confusion among impacted communities.

(b)  Within 60 days of the date of this order, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall each submit a report to the President describing any agency actions identified pursuant to subsection (a)(ii) of this section and any steps their agencies intend to take or have taken, consistent with subsection (a)(iii) of this section.

It seems the administration is particularly keen to address the difficulties imposed by rules changes pertaining to public charge and hopefully some revision of the rules may be forthcoming sooner rather than later.

Meanwhile, although there has not been a great deal of substantive change to current immigration policy in Thailand, there has been a great deal of discussion regarding possible policy changes to in an effort to revitalize the Thai tourism sector which, depending upon the source, seems to have seen between 1-3 million layoffs since the response to the pandemic began. Once solution discussed has been the notion of a “vaccine passport” or “immunity passport“. Essentially, this notion centers upon the idea that those who can prove they have been inoculated against COVID-19, via one of the many vaccinations currently on the market, will be allowed to travel to Thailand without the need to quarantine in one of the alternative state quarantine (ASQ) facilities. Notwithstanding the fact that there has ben a great deal of discussion on this matter, it currently appears, as with the so-called “travel bubble” scheme, that this program will not be implemented any time soon. As the tourism sector in Thailand languishes, long stay tourists may avail themselves to special tourist visas or standard TR visas to stay in Thailand. Furthermore, the Thai retirement visa remains a viable option for those wishing to travel to Thailand for retirement purposes.

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Posted in Comprehensive Immigration Reform, 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, Thailand Visa, US Embassy Thailand, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

As 2021 dawned the situation in Thailand, specifically the response to COVID-19, deteriorated. Presently, in place of full lockdowns, much of Thailand is operating under a system of provincial imposition of “highly controlled area” status which is restricting many operations many people once took for granted. How has this impacted the immigration system? Initially, it seemed this turn of events would not impact prospects for gaining admission to Thailand. Then, it appeared that those from the UK might be restricted from arriving in Thailand. To quote directly from the Bangkok Post:

The Ministry of Public Health will ask the Centre for Covid-19 Situation Administration (CCSA) to defer the entry of British visitors to the country after the fast-spreading B117 strain of Covid-19 was found in four British nationals entering Thailand on Dec 21.

This caused a great deal of consternation especially among those seeking Thai visas from the Embassy in the UK. However, further deliberation seems to have resulted in the decision that arrivals from the United Kingdom will not be impeded. Quoting directly from The Nation:

Based upon the above information, it seems logical to presume that the overall situation regarding foreign nationals arriving in Thailand remains much as it did prior to the new year. Meanwhile, a number of travelers are finding that trying to process their Thai visa application on their own from abroad is a cumbersome endeavor. The overall process of gaining lawful admission to Thailand is greatly changed compared to times past. One major sticking point for many is the addition of the certificate of entry to the process. This document is required in addition to a Thai visa. Concurrently, documentation showing a lack of infection for COVID-19 in addition to fit to fly documentation has proven nettlesome for many. Couple this with the fact that those entering Thailand are still required to undergo Alternative State Quarantine for 14 days prior to gaining total access to the Kingdom. There was some discussion regarding the possibility of seeing the quarantine time frame reduced to 10 days or even less. However, under present circumstances this seems highly unlikely. The notion of “travel bubble” arrangements also being brought online seems unlikely at this time as well.  Although many in Thailand are hopeful that the disbursement of a vaccine may result in a return of tourists in 2021. As of the time of this writing, this remains conjecture.

Turning to American immigration, many have found themselves in a kind of processing “limbo” with respect to cases such as the K-1 fiance visa as well as the various marriage visas including the K-3 visa, CR-1 and IR-1 visa categories. Currently, a large number of cases remain at the National Visa Center and seem unlikely to be processed out for interview soon. There appeared to be hope in the last part of the final quarter of 2020 as some cases were being scheduled for interview, but that hope may be dashed as the current situation in Thailand may result in further interview cancellations. This situation is fluid and still evolving.

Many hope that a transition to a new administration will herald an end to certain arbitrary and capricious aspects of the immigration process in its current form, but it should be noted that it takes time for bureaucracies to change and therefore a Biden presidency may not immediately see major changes to visa case processing in 2021.

Tags: American Embassy, American Embassy Bangkok, American Embassy Thailand, American Immigration, American Visa, Embassy, immigration, K-1, K-3, K1, K3, Thai, Thai Embassy, Thai Immigration, Thai Visa, Thai Visas, ThaiEmbassy, Thailand, Thailand Immigration, Thailand Visa, Thailand Visas, thaivisa, u.s. embassy, US Embassy, us embassy bangkok, us embassy thailand, US Immigration, US Visa, US Visa Thailand, USCIS, visa, visas
Posted in Thailand Visa, US Embassy Thailand | No Comments »

For those unaware, our firm maintains a Youtube channel in order to provide daily updates regarding Thai, American, and international immigration matters as well as information of a general nature regarding Thai legal issues and legal news for expats.

In the aftermath of the 2020 election in the USA, there has been a question posed: how will the outcome impact American Immigration? As noted in a video on our aforementioned YouTube Channel, it appears that the ultimate result of the election is unlikely to have a dramatic impact upon American visa processing, at least in the near term. As noted in prior postings to this blog, the US government’s response to COVID-19 has resulted in a slowing of case processing at the United States Citizenship and Immigration Service (USCIS), the National Visa Center (NVC), and US Embassies and Consulates abroad (including the American Embassy in Bangkok). It seems unlikely that even if the government’s administration changes due to the election that we will see faster processing times for immigration cases in the near term. That stated, the situation remains fluid and unforeseen developments could see cases such as K-1 visa applications move with more speed compared to the past months.

The Thai Immigration situation remains fluid as well. Recently, the government terminated the Thai visa amnesty. Concurrently, it appears that some tourists are beginning to return to Thailand using the special tourist visa (STV) scheme. However, the tourist numbers are small compared to numbers in the years leading up to 2020. Thai Immigration and officials at the Ministry of Foreign Affairs seem increasingly keen to allow the return of expats from abroad. The O-A retirement visa category has been prioritized for issuance of certificates of entry (COE) for prospective travelers to Thailand. This is happening as foreign nationals traveling to Thailand in business visa status appear to be on the rise. Those who have a Thai spouse or other family in Thailand can also avail themselves of an O visa in order to enter the Kingdom.

There has been some conjecture that the Thai government may promulgate rules allowing property purchasers to travel to Thailand. This proposal seems to be geared toward increasing the demand for Thai condos. However, these proposals have yet to be taken up by relevant authorities and therefore it remains to be seen whether Thai property ownership will be deemed a sufficient reason for sponsoring a visa and/or certificate of entry for the Kingdom of Thailand.

The entire process for traveling to Thailand remains cumbersome compared to routine protocols. As noted above, a certificate of entry, in addition to a Thai visa, is necessary for one to travel to Thailand. Prospective entrants are also required to obtain fit to fly documentation and remain in alternative state quarantine (ASQ) for 14 days (although there is speculation this may be reduced to 10 days) before being permitted unfettered access to the Kingdom.

Tags: American Visa, american visas, condo, condos, immigration, K-1 Visa, K1 Visa, property, Thai, Thai Condo, Thai Condos, Thai Immigration, Thai Visa, Thai Visas, Thailand, Thailand Immigration, Thailand Visa, Thailand Visas, visa, visas
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It recently came to this blogger’s attention that the value of trade between China and the Association of Southeast Asian Nations (ASEAN) is expected to increase significantly in the coming months and years. In order to provide further insight into this issue it may be best to quote directly from a recent article posted on the website English.cri.cn:

Trade value between China and ASEAN nations is expected to top 300 billion U.S. dollars this year as the Free Trade Area (FTA) continues to offer boosts, said Xu Ningning, the executive secretary general of China-ASEAN Business Council. The FTA, which started operation since the beginning of last year, has boosted economic exchanges between China and the ASEAN (Association of Southeast Asian Nations) member states, Xu said Sunday at a forum in Kunming, capital of Yunnan Province. The estimated amount will be higher than the 292.8 billion U.S. dollars registered between the two sides in 2010, up 37.5 percent from a year earlier. Customs data showed that in the first four months of this year, trade value between China and ASEAN nations rose 26.5 percent year-on-year to 110.2 billion U.S. dollars…

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

The ASEAN community includes the following jurisdictions: Brunei, Indonesia, Malaysia, Philippines, Singapore, the Kingdom of Thailand, Vietnam, Laos, and the Kingdom of Cambodia. Many feel that these jurisdictions have a great deal of potential for economic growth in the future. Meanwhile, as can be gathered from the quotation above, China remains a vibrant economic actor which has been engaging the ASEAN economies. In previous postings on this blog it was noted that the United States of America and China are committed to cooperation in ASEAN engagement. Concurrently, China appears poised to create a rail link between Thailand and Greater China while a billion dollar Chinese trade complex is to be erected in Bangkok. In that vein, the Prime Minister of Malaysia was recently noted for discussing ASEAN relations with both China and India. To quote directly from the official website of Business Standard, Business-Standard.com:

After a speech calling for the establishment of a new multilateralism where nations, especially Asia, would not have to take sides between the United States and China, Malaysian Prime Minister Najib Razak has said the 10-member Association of Southeast Asian Nations (Asean) would not need to choose between India and China. “Asean is located between two great civilisations, China and India. Both these countries, as part of the Asean architecture, the Asean +3 and the East Asia Summit, are quite happy to accept Asean as the centrality in the whole process,” Najib said in reply to a question at the opening of the International Institute for Strategic Studies Asian Security Summit: The Shangri La Dialogue. “Both these two countries want to engage constructively with Asean and (are) looking at ways and means of increasing their trade, investment and other forms of exchanges with the Asean countries. In short, I am quite optimistic we can develop a meaningful and constructive relationship with India and China,” he added…

In a geopolitical sense, the Association of Southeast Asian Nations (ASEAN) is positioned so as to enjoy trade benefits with both India and China, two of the world’s economies which are expected to show tremendous economic growth in the coming days, months, and years. This observation is made at a time when an inauguration of the Cambodian Securities Exchange is expected. To quote directly from the official website of Xinhua, Xinhuanet.com:

PHNOM PENH, May 30 (Xinhua) — Cambodia is scheduled to inaugurate the long-awaited Cambodia Securities Exchange (CSX) on July 11, according to the statement of the finance ministry released to the media on Monday. And the first securities trading will begin towards the end of 2011, added the statement dated on May 26…

The administration of this web log strongly encourages readers to click upon the hyperlinks above to read this article in detail. This blogger must point out that, although noted in the aforementioned article, it would seem that actual trading on the Cambodian Stock Exchange is apparently not expected to commence upon the exchange’s inauguration. To further elucidate this point it may be best  to quote directly from the official website of the Reuters News Service, Reuters.com:

May 30 (Reuters) – Trading on Cambodia’s long-awaited stock exchange, which was scheduled to start in July, has been delayed yet again until the end of the year because companies planning listings need more time to comply with regulations, operators said on Monday. Ek Sonn Chan, director general of state-owned Phnom Penh Water Supply Authority (PPWSA), said there were many details still to be ironed out but his company was going ahead with plans for a $20 million flotation…

The administration of this web log asks readers to click upon the hyperlinks above to read this story in further detail as it may provide further perspective upon these developments.

Clearly, there appear to be some bumps in the road toward getting this exchange operational. As with many things in Southeast Asia, it often takes a significant amount of time to undertake a substantial project such as the opening of a stock exchange. Interested parties are encouraged to conduct research into this issue until such time as the exchange’s trading operation is confirmed.

For related information please see: Legal.

Tags: 300 billion U.S. dollars, ASEAN, Asean +3, ASsociation of Southeast ASian Nations, Brunei, Cambodia, Cambodian Securities Exchange, Cambodian stock exchange, Cambodian Stock Exchange inauguration, China-ASEAN, China-ASEAN Business Council, Chinese Trade Complex, Chinese-Thai High Speed Rail, CSX, East Asia Summit, Ek Sonn Chan, Free Trade Area, FTA, high speed rail link, Indonesia, International Institute for Strategic Studies Asian Security Summit, Khmer, Kingdom of Cambodia, Kingdom of Thailand, Kunming, Laos, Malaysia, Malaysian Prime Minister Najib Razak, multilateralism, Philippines, Phnom Penh Water Supply Authority, PPWSA, rail link, railroad, Singapore, Sino-Thai Railway, Thai, Thailand, The Shangri La Dialogue, Vietnam, Xu Ningning, Yunnan Province
Posted in ASEAN Business, Cambodia Business, China Business, India Business, Malaysia Business, Thailand Business | No Comments »