Integrity Legal

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 the officials of the Royal Thai Immigration Police have made policy changes regarding passport holders of certain countries. It appears that passport holders from 37 different countries will now be able to obtain a 30 day visa exemption stamp by crossing a land border into Thailand. The recently announced list includes the following countries:

Australia, Austria, Belgium, Bahrain, Brunei, Czech Republic, Denmark, Estonia, Finland, Greece, Hungary, Iceland, Indonesia, Ireland, Israel, Kuwait, Liechtenstein, Luxembourg, Malaysia, Monaco, Netherlands, New Zealand, Norway, Oman, Philippines, Poland, Portugal, Qatar, Singapore, Slovakia, Slovenia, Spain, South Africa, Sweden, Switzerland, and Turkey

It should be noted that most holders of passports on the above list were already eligible to receive 30 day exemption stamps when arriving at one of Thailand’s many international airports. However, 30 day exemption stamps were apparently not available when arriving at land borders. While this liberalization is likely welcome news to prospective tourists who wish to travel to countries surrounding Thailand it should be be analyzed in conjunction with recent announcements regarding so-called border runs.

As previously noted on this blog and other sites, Thai border runs are effectively a thing of the past as recent laws have been enacted which bar individuals from making border runs more than 2 times per calendar year. Although this new rule is unlikely to impact genuine tourists in Thailand, those who have used ostensibly temporary visas and visa exemption stamps to live in Thailand are likely to find maintaining their status in this way to be very difficult in the future. This news comes at the same time as a number of foreign owned or managed businesses in Thailand are reporting significant increases in immigration inspections as well as well known hostels are being raided by those seeking not only criminals, but over-stayers in particular. How this will all play out in 2017 remains to be seen, but one thing is certain: staying long term in Thailand is becoming increasingly difficult, expensive, and time consuming.

Meanwhile, as Thai Immigration cracks down, it appears that the Department of Homeland Security’s United States Citizenship and Immigration Service (USCIS) has made new regulations regarding the forms which must be submitted in connection with petitions for various immigration benefits. Forms such as the I-130 (associated with spousal immigration petitions for visas such as the CR-1 or the IR-1) have been upgraded and apparently the USCIS will no longer accept forms of an older pedigree. The same is apparently true with respect to the I-129f (the form associated with the K-1 visa used to bring fiancees of American Citizens to the USA) as that form has been updated.

Concurrently, it appears that there has been an across-the-board increase in the fees associated with the filing of certain immigration petitions. It is advised that those interested in this matter either speak with a qualified professional or conduct their own research to ascertain the current costs and fees associated with a visa to the USA.

Tags: 30 day visa exemption, CR-1, CR-1 Visa Thailand, IR-1, IR-1 Visa Thailand, K-1 Visa, K-1 Visa Thailand, K1 Visa, Thai border run, Thai land border, Thai Visa, Thai visa border run, Thai visa exemption, Thailand border run, Thailand Visa, US Immigration, USCIS
Posted in CR1 Visa, IR1 Visa, K1 Visa, K1 Visa Thailand, Thailand Visa, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

It recently came to this blogger’s attention that the United States Customs and Border Protection Service (USCBP) is apparently poised to begin issuing new identification cards to participants in the Global Entry Program. In order to provide further insight into these developments it is necessary to quote directly from the official website of USCBP, CBP.gov:

Washington – U.S. Customs and Border Protection (CBP) today announced that Global Entry members will now be issued a Global Entry version of the SENTRI card which allows expedited entry into the U.S. from Canada and Mexico using the NEXUS, SENTRI and Ready Lanes at land ports of entry. The new card operates as a SENTRI card for Global Entry members. The Global Entry card is a Western Hemisphere Travel Initiative (WHTI)-compliant, radio frequency identification (RFID) technology-enabled document that may be used by U.S. citizens when entering the U.S. through a land or sea port of entry from Canada, Mexico or the Caribbean…

Readers are strongly encouraged to click upon the aforementioned hyperlinks noted above to read this information in detail.

Frequent readers may recall that the Global Entry Program was purportedly created in an effort to streamline the process of entering the United States for American Citizens. How the creation of new identity cards will facilitate this program remains to be seen, but hopefully such developments will be beneficial for all concerned.

In news pertaining to the economies which comprise the Association of Southeast Asian Nations (ASEAN: Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam), it recently came to this blogger’s attention that some commentators are noting positive economic developments in the region. To quote directly from the Money Control website, MoneyControl.com:

ASEAN economy has proven itself to be resilient, but there are lingering challenges and risks, including the sovereign debt crisis and fiscal problems in some developed markets, rising food and commodity prices, and continued financial market stresses…According to the ASEAN secretariat’s press release received yesterday, ASEAN’s recovery as a whole has matured as both exports and domestic demand fueled growth to expand by 7.5% last year. Intra-regional trade and investment flows also showed an upward momentum and are likely to support domestic growth this year, which is projected between 5.7% and 6.4%. ASEAN`s merchandise trade grew at 32.9% last year, as trade value jumped from USD 1.54 trillion in 2009 to USD 2.04 trillion last year, after the 19% decline in 2009,” according to ASEAN`s high ranking officials as quoted by the secretariat. As an attractive foreign direct investment (FDI) destination, ASEAN has maintained its allure…

The administration of this blog recommends that readers click upon the relevant hyperlinks noted above to read this article in detail.

As ASEAN jurisdictions continue to be “alluring” to foreign investors it stands to reason that further economic growth can be expected in the future. That stated, as ASEAN has a unique Constitution in much the same way that each of her component jurisdictions have unique Constitutions one can easily infer that the trajectory and complexion of the economic growth and innovation in the coming years may be quite unlike anything seen in recent memory. For instance, the ramifications of a unified ASEAN visa much akin to the Schengen visa scheme in the European Community could be economically explosive while such a visa scheme could be custom tailored to the unique needs and desires of both ASEAN as a whole and her member nations.

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

Tags: ASEAN economy, Asean Secretariat, Brunei Darussalam, Cambodia, Canada, Caribbean, expedited entry into the U.S., FDI, financial market stresses, foreign direct investment, Global Entry, Global Entry Program, Indonesia, Intra-regional trade, land ports of entry, Laos, Malaysia, Mexico, Myanmar, NEXUS, Philippines, radio frequency identification, Ready Lanes, RFID, SENTRI card, Singapore, sovereign debt crisis, technology-enabled document, Thailand, U.S. Customs and Border Protection, United States Customs and Border Protection Service, US Immigration, USCBP, Vietnam, Western Hemisphere Travel Initiative, WHTI
Posted in ASEAN Business, ASEAN Visa, Thailand Business, USCBP | No Comments »

It recently came to this blogger’s attention that personnel of the United States Justice Department have filed a case challenging the provisions of a recent State immigration law enacted by the sovereign State of Alabama. In order to provide further information this blogger is compelled to quote directly from the website AL.com:

BIRMINGHAM, Alabama — The U.S. Justice Department today filed a lawsuit challenging Alabama’s new immigration law, which is slated to go into effect next month. In its lawsuit, the Justice Department says Alabama’s law unconstitutionally interferes with the federal government’s authority over immigration. “To put it in terms we relate to here in Alabama, you can only have one quarterback in a football game. In immigration, the federal government is the quarterback,” said Joyce White Vance, the U.S. Attorney for the Northern District of Alabama. Justice Department lawyers write in the lawsuit that the department is filing the action “to declare invalid and preliminarily and permanently enjoin the enforcement of various provisions” of the state law, according to the lawsuit filed in U.S. District Court in Birmingham this afternoon. Provisions within the state’s immigration law “are preempted by federal law and therefore violate the Supremacy Clause of the United States Constitution…”

The administration of this web log asks readers to click upon those relevant hyperlinks noted above in order to read this insightful article in detail.

Frequent readers of this blog may have noted that this blogger has rather strong feelings regarding inherent States’ Rights and the inherent prerogatives which are reserved to State sovereigns notwithstanding the enumerated powers of the federal government pursuant to the United States Constitution. That stated, American immigration is one of the relatively few fields in which Congress has virtually monopolistic power regarding the imposition of laws, rules, and regulations. This is due to the fact that immigration falls into the jurisdiction of Congressional and executive plenary power. Therefore, it is little wonder that this recent case was filed since the Alabama law would seem to be operating in violation of that aforementioned plenary power. How this case will ultimately be resolved remains to be seen, but clearly issues pertaining to US immigration can be dramatic in a political context.

Of further interest to those who find the information above to be noteworthy, it recently came to this blogger’s attention that the American Congress seems to be attempting to create some sort of extra-Constitutional body for legislative purposes. To provide further elucidation regarding these developments it is necessary to quote directly from the official website of the Huffington Post, HuffingtonPost.com

This “Super Congress,” composed of members of both chambers and both parties, isn’t mentioned anywhere in the Constitution, but would be granted extraordinary new powers. Under a plan put forth by Senate Minority Leader Mitch McConnell (R-Ky.) and his counterpart Majority Leader Harry Reid (D-Nev.), legislation to lift the debt ceiling would be accompanied by the creation of a 12-member panel made up of 12 lawmakers — six from each chamber and six from each party. Legislation approved by the Super Congress — which some on Capitol Hill are calling the “super committee” — would then be fast-tracked through both chambers, where it couldn’t be amended by simple, regular lawmakers, who’d have the ability only to cast an up or down vote. With the weight of both leaderships behind it, a product originated by the Super Congress would have a strong chance of moving through the little Congress and quickly becoming law. A Super Congress would be less accountable than the system that exists today, and would find it easier to strip the public of popular benefits. Negotiators are currently considering cutting the mortgage deduction and tax credits for retirement savings, for instance, extremely popular policies that would be difficult to slice up using the traditional legislative process…

This blogger asks that readers click on the appropriate hyperlinks above to read this article in detail.

This blogger would argue that this proposed so-called “Super Congress” is a prima facie violation of the United States Constitution since there is no explicit reference to such an institution within the text of the Constitution itself and because Congress cannot delegate their lawmaking function to this institution per the doctrine of nondelegation. As noted in the quotation above, under the proposed scheme “rank and file” Representatives and Senators would not be able to make amendments or changes to proposed legislation emanating from this questionably Constitutional body, but would be required to vote “yes” or “no” only. This blogger would not have a Constitutionality issue with the proposed scheme if it were proposed as an Amendment to the Constitution and not as a statute since, again, the Nondelegation precludes such a transfer of power and therefore any law passed pursuant to this scheme may not be in compliance with notions of due process of law in American jurisprudence since there is a specific Constitutional framework for enacting legislation which does not include a “Super Congress”. For those who wish to understand this issue through the prism of analogy there are certain parallels between the argument that this scheme violates the Nondelegation doctrine and the argument that the so-called federal “line item veto” violated the Presentment Clause of the American Constitution. The future circumstances of this scheme have yet to unfold, but clearly there are many legal aspects of this plan which could face challenge down the road.

– Benjamin Walter Hart

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

Tags: 12-member panel, Amendment to the Constitution, American Immigration, Capitol Hill, debt ceiling, doctrine of nondelegation, due process of law, enumerated powers, fast-tracked, line item veto, little Congress, Majority Leader Harry Reid, mortgage deduction, Nondelegation, Nondelegation doctrine, Plenary Power, Presentment Clause, Senate Minority Leader Mitch McConnell, State of Alabama, States' Rights, super committee, Super Congress, Supremacy Clause, tax credits, traditional legislative process, U.S. Attorney for the Northern District of Alabama, U.S. Justice Department, United States Constitution, United States Justice Department, up or down vote, US Immigration
Posted in States' Rights, US Constitution, US Visa and Immigration | No Comments »

It recently came to this blogger’s attention that the naval chiefs of the nations which comprise the Association of Southeast Asian Nations are set to meet in Hanoi, Vietnam in upcoming days. To provide further insight it is necessary to quote directly from the official website of China Daily, ChinaDaily.com.cn:

HANOI – The 5th ASEAN Naval Chiefs’ Meeting (ANCM-5) will be held in Vietnam on July 26-29, with participation of naval commanders from nine ASEAN member countries and the Lao defense attache in Vietnam. According to Vietnam News Agency on Tuesday, it is the first time Vietnam hosts such defense cooperation event, during which delegates will share views and discuss cooperative measures to respond to security challenges in the region, among other issues…

This blogger asks readers to click upon the hyperlinks noted above to learn more from this insightful article.

This news comes upon the heels of news that the American President is scheduled to attend an upcoming ASEAN meeting. Meanwhile, ASEAN leaders are apparently in continued discussion regarding a communique pertaining to the South China Sea. Finally, it would appear as though there may be further discussion regarding an ASEAN visa which would operate in a similar manner to the Schengen Visa. How all of these developments will ultimately play out remains to be seen, but they are certainly of interest for those in the region.

In news related to the struggle for LGBT Equality this blogger recently came upon an interesting posting discussing the current legal position of the LGBT community in light of continued enforcement of the so-called “Defense of Marriage Act” (DOMA). To quote directly from a posting by Peter J Reilly on the official website of Forbes, Forbes.com:

One of my earliest and most popular (pre-Forbes) posts was on the case of Rhiannon G. O’Donnabhain, who wanted to deduct the cost of gender reassignment surgery as a medical expense.  The IRS argued that the procedure was “cosmetic surgery” and not deductible.  Ms. O’Donnabhain prevailed.  Then came Gill V OPM.  As I noted in my inaugural Forbes post, marital status impact over 1,000 “benefits, rights and privileges” in the United States Code.  Section 3 of the Defense of Marriage Act (DOMA) holds that a couple is not married for any federal purpose unless they are of the opposite gender and that the word spouse means a person of the opposite gender.  In Gill v OPM a district court ruled that Section 3 of DOMA had no rational basis.  There were several plaintiffs in Gill, all legally married in Massachusetts, arguing for a variety of benefits including that of filing a joint return…

Those interested in such issues are strongly encouraged to click upon the relevant hyperlinks above to read this interesting posting in detail.

Section 3 of DOMA also has significant ramifications in an American immigration context as even those who have entered into a same sex marriage in a State which legalizes such unions cannot use said marriage as a basis to petition for spouse visa benefits (such as the CR-1 visa and the IR-1 visa). Concurrently, as such unions are not recognized by the United States federal government a petition for a same sex K-1 visa would also not be permissible so long as DOMA remains in place.  Bearing that in mind the reader should note that legislators such as Representative Jerrold Nadler and Representative Mike Honda have introduced legislation such as the Respect for Marriage Act, the Uniting American Families Act (UAFA), and the Reuniting Families Act in order to provide some sort of remedy for the current discrimination being borne by same sex bi-national couples and the LGBT community as whole. As of the time of this writing none of the above legislation has seen passage although with an upcoming Senate Judiciary Committee hearing set to discuss DOMA there is hope that this discrimination will not continue indefinitely.

Tags: 5th ASEAN Naval Chiefs' Meeting, American Immigration, ANCM-5, any federal purpose, ASEAN, ASEAN Visa, ASsociation of Southeast ASian Nations, benefits, CR-1 Visa, defense cooperation event, Defense of Marriage Act, gender reassignment surgery, Gill V OPM, IR-1 Visa, IRS, Lao defense attache, legally married in Massachusetts, LGBT community, LGBT Equality, privileges, rational basis, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Reuniting Families Act, rights, Section 3 of the Defense of Marriage Act, Senate Judiciary Committee hearing, South China Sea, spouse means a person of the opposite gender, uafa, United States Code, United States Immigration, Uniting American Families Act, US Immigration, Vietnam News Agency
Posted in ASEAN Business, same sex visa | No Comments »

It recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) has been noted by various media outlets for launching a new ad campaign to encourage those present in the United States as lawful permanent residents to naturalize to American Citizenship. In order to provide further insight into these developments it is best to quote directly from the website of China Daily, ChinaDaily.com.cn:

NEW YORK – The US Bureau of Citizenship and Immigration Services (USCIS) has launched its first ever paid ad campaign urging roughly 7.9 million green card holders to become naturalized citizens. The $3.5 million multilingual campaign will be used for three years and is part of an $11 million allotment from Congress meant to promote integration of immigrants. This year’s campaign in English, Spanish, Chinese, and Vietnamese will run in print, radio and digital formats between May 30 and Sept 5, primarily in states with large immigrant populations, such as California, New York, Florida and Texas. ”You’ve got to create that sense of urgency, and until they’ve reached that sense of urgency, they’ll just coast,” Nathan Stiefel, division chief of policy and programs for the Office of Citizenship at USCIS, told the Associated Press…

This blogger asks readers to click upon the relevant hyperlinks noted above to read this article in detail.

For those who are unfamiliar with matters pertaining to American immigration it should be noted that those who enter the United States of America on a CR-1 visa or an IR-1 visa are accorded lawful permanent residence (also colloquially referred to as Green Card status). After spending a specified period of time physically present in the United States it may be possible for an immigrant to naturalize to American citizenship. There are many benefits to be had by undergoing the naturalization process including, but not limited to: the right to vote, the right to a US Passport, as well as the various privileges and/or immunities of citizenship. Those interested in learning if they are eligible for such benefits are encouraged to contact a licensed American attorney.

In somewhat unrelated news, it recently came to this blogger’s attention that the government of Japan is apparently preparing to conduct tests on various nuclear facilities in that country. For further insight it is necessary to quote directly from the Channel News Asia website at ChannelNewsAsia.com:

TOKYO : Japan said Wednesday it will run “stress tests” on all its nuclear reactors in the wake of the Fukushima Daiichi accident sparked by the March 11 earthquake and tsunami disaster. The ongoing crisis, the world’s worst atomic accident since Chernobyl 25 years ago, has ignited debate in Japan about the safety of nuclear power, which before the disaster accounted for a third of its electricity needs. The centre-left government ordered a round of initial tests on the country’s other atomic power plants after the disaster, and said the new stress tests aimed to reassure the public that the facilities are safe…

The administration of this blog asks readers to click on the appropriate hyperlinks above to read this article in detail.

For those unfamiliar with the ongoing situation in Japan it should be noted that an Earthquake which occurred in March of this year resulted in a nuclear meltdown at the Fukushima facility noted above. This situation had tremendous ramifications for both the Asia-Pacific region and the Association of Southeast Asian Nations (ASEAN). As this tragic state of affairs continues to play out it is hoped that positive endeavors can mitigate some of the damage caused by this disaster. No doubt the Japanese citizenry remain in the hearts and minds of conscientious people the world over.

For related information please see: Certificate of Citizenship or Certificate of Naturalization.

Tags: American Citizenship, American Immigration, American Passport, ASEAN, Asia-Pacific, ASsociation of Southeast ASian Nations, California, Certificate of Citizenship, Certificate of Naturalization, Chernobyl, Chinese, CR-1 Visa, CR1 Visa, English, Florida, Fukushima, Fukushima Daiichi, Green Card, IR-1 Visa, IR1 Visa, Japan Earthquake, Japan news, Lawful Permanent Residence, Lawful Permanent Resident, March 11 earthquake, Naturalization, Naturalize, naturalized citizen, New York, privileges and immunities of United States Citizenship, privileges or immunities of United States Citizenship, Spanish, stress tests, Texas, United States Citizenship and Immigration Service, US Bureau of Citizenship and Immigration Services, US Citizenship, US Immigration, us passport, USCIS, USCIS Office of Citizenship, Vietnamese
Posted in US Citizenship, US Embassy Japan, USCIS | No Comments »

It recently came to this blogger’s attention that the media mogul and Mayor of the City of New York Michael Bloomberg has been noted for remarks about the beneficial aspects of immigration to America. To quote directly from the website myfoxny.com:

WASHINGTON – Detroit should take a page from Lady Liberty and shine a beacon of welcome to immigrants as a way to overcome its severe population loss, New York Mayor Michael Bloomberg said Sunday.

For those who follow this blog with any frequency it should be noted that New York has recently seen efforts by the attorney generals of that State to decrease the amount of immigration fraud in the form of illegitimate operators claiming expertise in U.S. immigration matters. It would appear that the city of Detroit has encountered much economic turbulence as a result of recent economic downturns. Meanwhile, there can be significant benefits to a national economy to be had through effective immigration policies. To quote further from the aforementioned article:

Bloomberg’s prescription for Detroit’s salvation came in a discussion about what he called a “crisis of confidence” among business people about the nation’s economy. Bloomberg said the “most obvious” answer is to encourage immigration.

“This is a country that was built by immigrants … that became a superpower because of its immigrant population, and unless we continue to have immigrants, we cannot maintain as a superpower,” he said.

Virtually all Americans are descended from those who immigrated to the United States of America. In a modern context, there are many visa categories available to prospective immigrants who are interested in conducting business in America. For example, the EB-5 visa provides lawful permanent residence to the visa holder upon lawful admission to the United States. Furthermore, the E-2 visa may allow for non-immigrant visa benefits to those foreign nationals conducting business pursuant to a Treaty with the United States. In the context of Thailand, there may be visa benefits which can be acquired pursuant to the bi-lateral relationship between the USA and Thailand as codified in agreements such as the US-Thai Treaty of Amity. Some may be eligible for similar benefits in the form of the E-1 visa. Those working for a multi-national organization may be eligible to obtain an L-1 visa as an intra-company transferee either in the form of an L-1A visa or an L-1B visa, depending upon the factual circumstances of the case.

Clearly, there are benefits to be accrued to those immigrating to the USA. Concurrently, there may also be benefits to the American economy and the American People as a result of immigration to the USA by foreign nationals.

For related information please see: US lawyer or US business visa.

Tags: American Economy, Crisis of Confidence, Detroit, E 2 Visa, E-1 Visa, E1 visa, E2 Visa, EB-5 Visa, EB5 Visa, Immigrant Investor Visa, intra-company transferees, L-1 visa, L-1a visa, L-1b visa, L1 Visa, Lawful Permanent Residence, New York Mayor Michael Bloomberg, superpower, treaty investor visa, treaty trader visa, US Business Visa, US Economy, US Immigration, US lawyer, US Visa, US Visa Burma, US Visa Cambodia, US Visa China, US Visa India, US Visa Indonesia, US Visa Korea, US Visa Laos, US Visa Myanmar, US Visa Singapore, US Visa Sri Lanka, US Visa Taiwan, US Visa Thailand, US Visa Vietnam, US-Thai Treaty of Amity
Posted in US Visa and Immigration | No Comments »

For those who are unaware, the United States Customs and Border Protection Service (USCBP) is responsible for monitoring the ports of entry to the United States of America. For some, it may be possible to receive a sort of pre-approval for expedited admission at the various ports of entry in and around the United States.  To quote directly from the homepage of the website GlobalEntry.gov:

Global Entry is a U.S. Customs and Border Protection (CBP) program that allows expedited clearance for pre-approved, low-risk travelers upon arrival in the United States. Though intended for frequent international travelers, there is no minimum number of trips necessary to qualify for the program. Participants may enter the United States by using automated kiosks located at select airports.

As noted in the citation above, it may be possible for those who are in the program to enter the United States using an automated kiosk rather than the standard method of entering the USA through a classic immigration checkpoint. In order to better understand this it may be best to quote directly from the “About” page of the website GlobalEntry.gov:

At airports, program participants proceed to Global Entry kiosks, present their machine-readable U.S. passport or permanent resident card, place their fingertips on the scanner for fingerprint verification, and make a customs declaration. The kiosk issues the traveler a transaction receipt and directs the traveler to baggage claim and the exit.

Travelers must be pre-approved for the Global Entry program. All applicants undergo a rigorous background check and interview before enrollment.

While Global Entry’s goal is to speed travelers through the process, members may be selected for further examination when entering the United States. Any violation of the program’s terms and conditions will result in appropriate enforcement action and revocation of the traveler’s membership privileges.

The Customs and Border Protection Service has a broad mandate to monitor the ports of entry to the United States as well as enforcing relevant customs law. Meanwhile, USCBP recently held the chair of a subcommittee of the Asia-Pacific Economic Cooperation (APEC) organization, which is dedicated to economic coordination of the various Asia-Pacific countries. Currently, the United States of America chairs APEC since the chair was turned over to the United States from the Japanese in November of 2010.

Those reading this posting should not confuse the global entry program with the Electronic System for Travel Authorization (ESTA) nor the visa waiver program (VWP, which itself should not be confused with the I-601 waiver or the I-212 waiver) as these are different programs and may not be relevant to those seeking information regarding ESTA and the VWP.

For related information please see: USCIS.

Tags: APEC, Customs and Border Protection Service, Electronic System for Travel Authorization, ESTA, Global Entry, Global Entry Program, I-212 waiver, I-601 Waiver, United States Customs and Border Protection Service, US Immigration, US Visa, USCBP, Visa Waiver Program, VWP
Posted in USCBP | No Comments »

It recently came to this blogger’s attention that the Department of Homeland Security may soon be utilizing a portable DNA screener which can establish kinship via DNA comparison in a relatively quick span of time. To quote directly from the website Nextgov.com (a site dedicated to providing information about the confluence of technology and government):

[P]lans to begin testing a DNA analyzer that’s small enough to be easily portable and fast enough to return results in less than an hour.

The analyzer, about the size of a laser printer, initially will be used to determine kinship among refugees and asylum seekers. It also could help establish whether foreigners giving children up for adoption are their parents or other relatives, and help combat child smuggling and human trafficking, said Christopher Miles, biometrics program manager in the DHS Office of Science and Technology.

The administration of this web log highly recommends that readers click on the links above to read this interesting article in its entirety.

This technology could have some remarkably positive implications. For example, as noted above, the ability to quickly determine a genetic link between two individuals could expedite the processing of requests for American immigration benefits such as asylum or conferral of refugee status. Moreover, such technology could be tremendously useful in adjudications pertaining to issuance of a Certificate of Citizenship or Consular Report of Birth Abroad. Also, technology such as this could truly be useful in combating problems such as human trafficking (hopefully with particular emphasis upon trafficking in children). This being said, There are some eerily Orwellian aspects to technology such as this. To continue quoting from the above cited article on Nextgov.com:

Eventually, the analyzer also could be used to positively identify criminals, illegal immigrants, missing persons and mass casualty victims, he said.

The implications for so-called “criminals,” (a term often applied loosely by law enforcement personnel) could be serious. Usage of technology such as that noted above, when utilized against American Citizens or Lawful Permanent Residents in matters which could have an impact upon individual civil liberties, needs to comport with the protections guaranteed to individuals under the United States Constitution and enshrined in the Bill of Rights.

Some may ponder: “Why does this blogger take issue with technology such as that noted above when utilized against US Citizens, while being less concerned for the rights of refugees and asylum seekers?” The short answer: prospective immigrants outside of the United States have virtually no “rights”. Those seeking immigration benefits are seeking just that: BENEFITS. While American Citizens and those already admitted to the United States in Lawful Permanent Resident status (or another lawful visa status) are guaranteed certain protections from governmental intrusion.

Widespread usage of this technology has yet to be implemented, but one thing is clear: technology is revolutionizing all aspects of the US Immigration process.

For related information please see: DHS Iris Scanners.

Tags: Asylum, Asylum DNA Screener, CBP DNA Screener, Department of Homeland Security, DHS DNA Screener, DHS DNA Testing, DNA Screener, DNA Screening, DNA Test, ICE DNA Screener, Refugee, Refugee DNA Screener, Refugee Status, United States Citizenship and Immigration Service, United States Customs and Border Protection, United States Immigration and Customs Enforcement, US Immigration, US Immigration DNA Screener, US Immigration Technology, US Visa, US Visa DNA Screener, USCBP, USCIS, USICE
Posted in Department of Homeland Security, USCBP, USCIS, USICE | No Comments »

It has recently come to this blogger’s attention through anecdotal evidence that there may have been a relatively significant increase in the number of I-601 waiver petitions filed by American Citizens in both the Kingdom of Thailand as well as the greater area that comprises the Association of Southeast Asian Nations (ASEAN). Apparently, the majority of these cases are being handled pro se (without attorney representation). It would appear that these pro se filings are being subjected to Requests For Evidence (RFE) which can be time consuming. Furthermore, there are some who also speculate that such petitions could see a higher denial rate.

Those who read this blog may have taken notice of the fact that this blogger takes the practice of United States Immigration law seriously. That said, there is nothing inherently wrong with American Citizens unilaterally petitioning their government for United States Immigration benefits pro se. This blogger has no problem with those who wish to seek immigration benefits without the assistance of counsel, but those pondering this course of action should be aware of the risks. First, the assistance of an American attorney in the US Immigration process can prove highly beneficial as such a professional can provide insight into the dynamics of immigration law as well as the regulations which are used to enforce that law.

Immigration law could be likened to dermatological medicine insofar as the routine cases that arise in an immigration context are sometimes easily taken care of by the petitioner or beneficiary themselves much the same way that a case of acne could be alleviated without the need to visit a dermatologist. Meanwhile, some issues which arise in immigration law can be extremely complicated and therefore such matters may require the assistance of one with a great deal of experience in matters pertaining to American immigration law. This state of affairs brings to mind a hypothetical situation involving dermatologists who specialize in skin cancers and various other skin maladies which are not commonly known to laymen. To take this hypothetical further, a patient afflicted with skin cancer is usually unable to treat themselves. To use this hypothetical as an analogy in an immigration context: those seeking an I-601 waiver are in a situation, similar to the skin cancer patient mentioned above, which may require professional assistance as failure to retain an attorney could increase the chances that an I-601 waiver (or for that matter an I-212 waiver) will be ultimately denied.

The standard of proof in an I-601 waiver is “extreme hardship” and this standard is not easily overcome. The United States Citizenship and Immigration Service (USCIS) has noted that “extreme hardship” does not mean “mere separation,” of the couple, but is, in fact, something more substantial. American Immigration lawyers expend a great deal of time and effort to see that I-601 waiver petitions are well founded. As a result, such petitions may be at a lower risk of being denied. Bearing this in mind, no attorney, or anyone else for that matter, can foresee what the outcome of a waiver petition will be. Those reading this posting should not misconstrue the author’s message by inferring that retaining an attorney will result in a guaranteed outcome as this is simply not the case. Should an I-601 waiver petition be denied, then it may be possible to have the case reconsidered in a Motion to Reopen or through an appeal to the Board of Immigration Appeals (BIA). Under such circumstances, the case will be adjudicated based upon an “abuse of discretion” standard which is not easily overcome. Therefore, submitting a well founded I-601 waiver petition the first time can be imperative for those wishing to have a legal grounds of inadmissibility waived.

As always, those seeking representation or counsel in matters related to American immigration should check the credentials of anyone in Southeast Asia claiming expertise in such matters. Only an attorney licensed to practice law in the United States is entitled charge fees to represent clients before the Department of Homeland Security, USCIS, or American Missions abroad.

For related information about this issue please see: US Visa Denial.

Tags: American Attorney, American Lawyer, ASEAN, ASsociation of Southeast ASian Nations, Board of Immigration Appeals, Department of Homeland Security, I-212 waiver, I-601 Waiver, I212 waiver, I601 Waiver, pro se, pro se waiver, Request For Evidence, RFE, US Immigration, US Visa, us visa denial, USCIS, USCIS RFE
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