Integrity Legal

Last week, United States President Barack Obama stated that reform of the US Immigration system is an important issue and one that will not be placed on the “backburner.” In the United States Congress and Senate, the Immigration debate is coming to the forefront with two proposed bills being brought to the floor in the next session. One proposed bill would stiffen enforcement and security measures with regard to illegal immigrants while creating more opportunities for immigrants to enter the United States legally.

The publication Businessweek reports that another proposed bill would, “limit the granting of H-1Bs, visas that are especially popular among U.S. tech companies like Microsoft as well as Indian IT services outsourcers like Infosys and Wipro.”

This same article makes note of the major contributions that many immigrant groups have made to the economy of the United States of America. There is a pervasive belief that only immigrant groups in the distant past have made a substantial positive impact upon the United States economy. As Businessweek points out, the Technology sector of the American economy has been greatly enhanced by immigrants to the United States as companies such as Google, Coca Cola, Pepsi, Motorola, and Berkshire Hathaway were either founded by, or currently managed by members of the American immigrant community.

An interesting aspect of the current immigration debate is the fact that it will occur at a time of decreased immigration to the USA. To further quote Businessweek:

“Ironically, the latest immigration fight will take place at a time when the U.S. has become a less attractive destination for many immigrants. Because of the recession, there’s less demand for low-cost labor. But the U.S. is also turning out to be less attractive for highly educated workers, too.”

As the People’s Republic of China and Asia generally becomes a more important region of the global economy, it stands to reason that more immigrants will be drawn to that continent in order to seek business opportunities. Hopefully, this fact will be taken into account when legislation regarding comprehensive immigration reform is drafted because in order to remain on the cutting edge of innovation the United States must continue to be viewed as the “land of opportunity,” by talented and ambitious prospective immigrants. Ideally, the proposed legislation to reform the American Immigration system will contain provisions that will make it easier for highly educated and highly skilled foreign labor to enter the United States.

For related information please see:

K1 visa

K3 visa

Tags: Comprehensive Immigration Reform, US Immigration, US Immigration Law, US Immigration Policy, US Visa
Posted in General Legal Information, Upcoming Legislation, US Visa and Immigration | 1 Comment »

The United States Citizenship and Immigration Service (USCIS) is a very large bureaucracy that handles the processing of many petitions for US Immigration benefits. The Service can take a great deal of time to process visa applications and simple delay is not considered out of the ordinary. That being said, there are certain situations in which a delay by USCIS is unwarranted.

If it becomes necessary to compel a government agency to fulfill their statutorily mandated obligations, then a Writ of Mandamus can be filed to compel the agency or officer to perform their duty. A Mandamus action is a civil action and is promulgated by a court of competent jurisdiction. It specifically compels a government officer to carry out their duties in the manner prescribed by law. A piece of legislation known as the Mandamus Act, can be found at 28 U.S.C.: 1361. This provision specifically states that Mandamus is an, “Action to compel an officer of the United States to perform his duty.”

With regard to USCIS, a mandamus action will likely be brought before a Federal District Judge in a United States District Court. If granted, the court’s order will be binding upon the USCIS officer who allegedly failed to adequately fulfill his duties.

The writ of Mandamus exists for a very good reason as it was designed to create a check on the unfettered powers of government officers. That being said, those thinking of filing for a writ of mandamus should give the decision a great deal of thought because the ultimate result could turn out to be detrimental in certain cases. For example, should a case get caught up in the system making it necessary to file a Mandamus action, because the Mandamus order only compels the officer to take action, and does not compel the officer as to what decision should be made, it could turn out that the officer simply denies the application and the case comes to an end, albeit more quickly than it likely would have had the Mandamus order not been granted.

With this in mind, the Mandamus action should be utilized judiciously as not every case calls for it. In those cases where a Mandamus action would be appropriate, the seeker of such a writ should weigh all of his or her options in order to make a full determination as to whether the Mandamus action is appropriate in light of the unique facts in that particular case.

Tags: American Immigration law, Mandamus, US Immigration, US Immigration Law, US Visa, US Visa Thailand, USCIS
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As the Obama Administration continues to put together a cogent piece of Comprehensive Immigration Reform legislation, immigrant communities in the United States of America are becoming more politically active in an effort to make their views regarding the Immigration situation known.

One immigrant group of particular interest is that of first and second generation Asian-Americans. The blog Immigration Impact recently discussed the political clout that these Asian groups are beginning to harness:

“According to the Asian American Justice Center, there are currently more than 15 million Asian Americans residing in the United States—the majority of whom are foreign born and thus have firsthand knowledge of our woefully outdated immigration system. Countless Asians are caught in the family immigration backlogs and remain separated from close family members, and there are more than 1 million undocumented Asians in the U.S. today. Because the broken immigration system affects them in such a personal way, many in the Asian American community are banding together this week to attend town hall meetings with members of Congress, hold press conferences and petition lawmakers to fix our currently broken immigration system that restricts due process rights, breaks up families, and ultimately hurts the economy.”

The United States Embassy in Thailand processes a large number of US visa cases each year. Among the many US family based petitions are those for the K1 visa and Immigrant visas based upon an I-130 application and these are probably the most popular American visa categories.  The people entering on these types of visas eventually take up Permanent Residence either through adjustment of status or upon entry as an intending immigrant. Once stateside, many of these Thai immigrants in the United States eventually go on the naturalize as United States Citizens. These immigrants and their children have something of a unique opinion regarding immigration reform and as such it is most likely a net positive if they enter the public discourse on this important issue.

As Citizens or Lawful Permanent Residents of the United States, Asian American Immigrants probably account for a disproportionately large number of family based petitions in lower preference categories. A result of this situation is the fact that many of these families remain apart for long periods of time due to the quotas set on the various immigrant visa categories and the large caseload being processed by the United States Citizenship and Immigration Service (USCIS). Hopefully, Comprehensive Immigration Reform will untie the Gordian Knot of US Immigration for these separated families while at the same time assuring that America is safe and secure.

Tags: American Visa Thailand, CIR, Comprehensive Immigration Reform, K1 Visa Thailand, US Immigration, US Visa Thailand, USCIS
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, Legal Opinion, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

As President Obama appears to be retreating from campaign promises for Comprehensive Immigration Reform, there are new reports emerging that Immigration may be a boon to the economy of the United States of America.

The Wall Street Journal’s website from August 18, 2009 is quoted as stating:

“A new study published by the Cato Institute finds that the focus on repelling immigrant labor does more harm than good to the U.S. economy. “Increased enforcement and reduced low-skilled immigration have a significant negative impact on the income of U.S. households,” write Peter Dixon and Maureen Rimmer, the study’s authors. “In contrast, legalization of low-skilled immigrant workers would yield significant income gains for American workers and households.” A program that allowed more low-skilled foreigners to enter the U.S. workforce lawfully would put smugglers and document-forgers out of business, explain the authors. “It would also allow immigrants to have higher productivity and create more openings for Americans in higher-skilled occupations.”

Though somewhat counter intuitive, the tightening of security measures at United States borders may be helping to keep the American economy in the doldrums.

Of further interest in the Wall Street Journal’s article regards Mr. Obama’s backpedaling on the major issues involving American Immigration. To further quote the Wall Street Journal online:

“President Obama continues his quiet retreat from a campaign pledge to make comprehensive immigration reform “a top priority in my first year as President.” Following a summit meeting in Guadalajara last week with the leaders of Mexico and Canada, Mr. Obama said that an immigration overhaul will have to wait until next year.”

In the next Congressional session it is hoped that Comprehensive Immigration Reform will be dealt with and the current problems associated with large numbers of illegal aliens in the United States will finally be put to rest. Of further concern to some immigration equality advocates  is the issue of US family based visas for couples of the same sex. Currently the Defense of Marriage Act bars the Federal government from granting US Immigration benefits based upon a same sex marriage or an intent to enter into a same sex marriage.

However, these issues are resolved the underlying issue is one of decisiveness. The current Presidential Administration needs to begin making some difficult choices with regard to immigration. Many of these choices will not be well received by all segments of the United States population. Nonetheless, definitive action needs to be taken as many people in the United States continue to live in a kind of limbo and many couples remain separated from their loved ones abroad.

Tags: Comprehensive Immigration Reform, same sex visa, US Immigration, US Visa
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As mentioned in previous posts on this blog, the United States Citizenship and Immigration Service  (USCIS) is the relatively new incarnation of the agency formerly known as the Immigration and Naturalization Service (INS). Currently USCIS is headed by a director who reports to the Secretary of the Department of Homeland Security (DHS).

Since the election of President Barack Obama there have been many new appointments to the upper echelons of the United States Federal bureaucracy. This week has seen the appointment of  a new Director of the United States Citizenship and Immigration Service. Through their website, the American Immigration Lawyers Association (AILA) is reporting information on the appointment:

“Director Alejandro Mayorkas was confirmed on August 7, 2009, to lead the U.S. Citizenship and Immigration Services. A hearing to consider his nomination was held on June 24, 2009. On July 28, 2009, the Judiciary Committee ordered the nomination reported to the Senate for consideration.”

We here at Integrity Legal wish to congratulate Mr. Mayorkas on his recent appointment and wish him the best of luck in his future endeavors as Director of USCIS. Many proposed changes are in store for USCIS in the coming months and years and Mr. Mayorkas will oversee what will likely be great change within the agency.

Until reading this report, I was unaware that USCIS Director’s even needed Senatorial approval before taking office. Many United States Federal appointments must be confirmed by the United States Senate before the appointee will be allowed to take office. I was aware that this process was common for high ranking American officials like cabinet appointees or Supreme Court Justices, but I was under the misperception that the United States Citizenship and Immigration Service was headed by a career federal civil servant and was not a political appointment. That being said, it makes a certain degree of sense to have the holder of this office politically appointed. USCIS is charged with bringing immigration policies into practice on behalf of the administration and as a result USCIS wields a tremendous amount of power with regard to how federal immigration law is practically implemented. Therefore, to keep USCIS policy in line with that of the administration it makes sense to politically appoint the head of that agency.

There are career civil servants who work for USCIS as the agency must remain functional during periods in which a director has yet to be confirmed by the US Senate. Career officers are appointed largely based upon merit and politics likely does not factor into their advancement within the agency.

Tags: AILA, US Immigration, US Immigration Policy, US Visa Thailand, USCIS, USCIS Director
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On August 6, 2009 the American Immigration Lawyers Association is reporting that two people in New York City have been arrested as a result of a fraud investigation targeted at a fraud ring headed by TONG HUI YOU (a/ka KEVIN YOU), 50, and XIAO LING CHEN (a/k/a LINDA CHEN), 36. According to the indictment these two were actively holding themselves out to the public as attorneys even though they had not been licensed as such. Further, the indictment alleges that these defendants were involved in a scheme to defraud by promising immigration benefits that they could not deliver.

Apparently, these two would bring victims to their office and, as AILA’s website reports,

“Once inside, the victim met YOU, who stated in substance that he was a lawyer specializing in express immigration. CHEN also told the victim that YOU was a lawyer. YOU represented to the victim that he had special connections in the U.S. immigration agency and in the U.S. Embassy in China. YOU guaranteed that the victim’s petitions for his family members in China would be approved within six months and that his family members in the U.S. would get green cards through a particular program even though they had not applied and did not qualify.” [Emphasis Added]

I placed sections of the above quote in bold and italics in order to underscore some important points. First, this type of scam is far too prevalent in Thailand. Many so called “lawyers,” “attorneys,” and “visa consultants,” cause all kind of problems for victims in Thailand. As if falsely claiming to be an attorney were not enough, these firms also promise many immigration benefits that the applicant is either ineligible to receive or would be improper to obtain based upon the victim’s situation. Another common claim is the “100% Guarantee.”

A variation on this scenario that is often played out in Thailand also involves the “visa company” creating false documentation in order to cover up facts that could be negatively construed. It is never wise to provide documents that attempt to cover up a fact material to the visa application. This authors has personally seen instances where doing so has lead to findings of inadmissibility that would otherwise have not arisen had it not been for the fact that the “visa agent” encouraged the couple to lie on an application.

The actions taken by the authorities in New York are commendable, but more needs to be done in order to eradicate the “visa agent” phenomenon which has become extremely prevalent in Thailand and on the internet. For those who have been adversely affected by an unscrupulous operator purporting to be an attorney or otherwise claiming to be able to assist with US Immigration matters, please see this link which provides information about where to go to complain about an “Immigration Consultant.”

For information on Getting a USA Visa from Thailand please see:

K1 Visa Thailand or K3 visa Thailand

Tags: AILA, American Visa Thailand, immigration consultant, K1 Visa Thailand, scams, US Immigration, US Visa Thailand, visa agent
Posted in F1 Visa Thailand, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

As my Thai has begun to improve (slightly) I am beginning to see more and more layers of the tapestry that is Thai society. That being said, I did not expect to see something on the internet that would stop me in my tracks as much as the website www.usvisa4thai.com. This site is dedicated to assisting native Thai speakers with the United States Immigration process. It is setup as something of a forum and luckily for me the handy dandy Google translator has helped me navigate the site.

The author thinks this is a great idea because one of the major difficulties in dealing with US Immigration law and US visa obtainment in Thailand is the fact that often explaining the situation can be difficult. Some concepts in US Immigration law are difficult to grasp for a seasoned immigration attorney, let alone someone who does not speak English as their first language. In Thailand, explaining a concept that is as complicated as re-establishing domicile can be a very difficult task. This is where Thai paralegal staff comes in, but for those who opt not to retain an attorney I must imagine that understanding many US Immigration concepts is very difficult. Hopefully, USVISA4THAI will be used as a medium to clarify confusing issues.

Before learning of USVISA4THAI, we on this website made the decision to use our web presence in order to provide useful information. In that vein, we put up our own version of “us visa 4 thai,” by providing our United States visa information in both the Thai and English languages. Although certainly not as interactive as usvisa4thai, hopefully this information will be helpful to those who wish to immigrate to the United States of America.

An issue related to USVISA4Thai deals with issues involving the K1 visa interview at the US Embassy in Bangkok.  Many men in Thailand pose the question: “What if my Thai fiancee’s English is not that good?” Many people are worried about their Thai loved one’s ability with the spoken Thai language and whether that will adversely affect a K1 fiance visa application. In many cases a fiance visa application will not be detrimentally effected by a fiancee’s less than perfect grasp of the Thai language. A common misconception is based upon the idea that there is an English language requirement for a K1 visa. There is not an English language requirement per se. However, a bona fide relationship is a requirement of a K1 vsa applicant. Having an ability to speak with a loved one is strongly indicative of a bona fide relationship. Conversely, a lack of shared language could have a  detrimental impact upon a couple’s ability to obtain a K1 visa. Please note, that although we are talking about shared language, that language does not need to be English. It can be any language that the couple shares. Therefore if an American only speaks English and the Thai only speaks Thai, there may be problems showing a bona fide relationship because a lack of communication is a primary indicator of lack of bona fides in a relationship.

(This is not legal advice. No attorney-client relationship should be construed to exist between author and reader.)

Tags: American Visa Thailand, K1 visa application, k1 visa interview, K1 Visa Thailand, US Immigration, US visa 4 Thai, US Visa Thailand
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On July 2, 2009 the Center for Disease control formally proposed that HIV be dropped from the list of “communicable diseases” that result in a legal finding of inadmissibility. The following is quoted from the preamble of the proposal to change the rule:

The Centers for Disease Control and Prevention (CDC), within the U.S. Department of Health and Human Services (HHS), is proposing to revise the Part 34 regulation to remove “Human Immunodeficiency Virus (HIV) infection” from the definition of “communicable disease of public health significance.” HHS/CDC is also proposing to remove references to “HIV” from the scope of examinations in its regulations. Aliens infected with a “communicable disease of public health significance” are inadmissible into the United States under the Immigration and Nationality Act (INA).

This proposed rule change is subject to a comment period and is not yet finalized, but if it becomes final it will do away with the need to obtain an HIV waiver for a prospective immigrant infected with HIV.

For more information please click here

(This content is for educational use only. It does not constitute legal advice. No attorney/client relationship is created between the author and reader of this post.)

Tags: CDC, Center for Disease control, HIV aiver, I-601 Waiver, Inadmissibility, US Immigration, US Visa
Posted in US Visa and Immigration, Visa Waiver | 1 Comment »

A Legal Ground of Inadmissibility is a provision created by Congress that bars certain immigrants from entering the United States of America. If a prospective immigrant is found to have certain types of communicable disease then they will be barred from entering the United States without first obtaining a Waiver of Inadmissibility.

Waivers of inadmissibility for those infected with Human immunodeficiency virus (HIV) are different than some other legal grounds of inadmissibility because the burden of proof is not the same. In order to obtain a normal I-601 waiver of inadmissibility in most cases the US Citizen or lawful permanent resident petitioner must show that failure to grant the waiver would result in an “extreme hardship,” for him or her. In the case of an HIV waiver, a showing of “extreme hardship” is unnecessary. Instead, one must show that the immigrant with HIV will not become a ward of the United States. Much like the I-864 affidavit of support for Immigrant visas or the I-134 affidavit of support for a fiance visa, the petitioner must show that the beneficiary will not become a “public charge.”

Recently, President Obama has made it clear that he intends to put the wheels in motion to have legislation passed that would repeal the provisions making those with HIV inadmissible to the United States. Obama was recently quoted as saying,

“The rationale for maintaining HIV infection as an excludable condition is no longer valid based on current medical and scientific knowledge and public health practice, and experience which has informed us on the characteristics of the virus, the modes of transmission of HIV, and the effective interventions to prevent further spread of the virus… My administration is committed to rescinding the discriminatory ban on entry to the United States based on HIV status. The Office of Management and Budget just concluded a review of a proposal to repeal this entry ban, which is a first and very big step towards ending this policy.”

Obama has made many recent statements regarding Comprehensive Immigration Reform and the Defense of Marriage Act. If Obama fulfills his campaign promises regarding these issues it will have tremendous ramifications on United States Immigration law. The push to have HIV taken off of the list of communicable disease has its opponents, but it is probable that legislation that would allow those with HIV to enter the USA, without a waiver, will be passed sometime in the next one to two years.

For more information about US Family Visas from Thailand Please see: US Immigration lawyer Thailand or K-1 visa

(Nothing contined herein should be mistaken for legal advice as it is intended for the purpose of education only. No lawyer-client relationship is to be implied to exist between the author and any reader of this posting.)

Tags: American Visa Thailand, HIV Waiver, I-601 Waiver, legal grounds of inadmissibility, US Immigration, US Immigration HIV, US Visa Thailand, visa denial, visa denial Thailand, Visa Refusal, waiver of inadmissibility
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President Obama has recently been criticized by many members of the LGBT community for what appears to be a reversal of his campaign stance on same-sex rights.  Presently President Obama’s Justice Department is defending the Defense of Marriage Act (DOMA) in the US courts. However, President Obama has made statements claiming that while his administration is in the process of enforcing the provisions of DOMA, he is also working to have the law repealed. Apparently, President Obama is trying to apply pressure to Congress in order to make them repeal the Defense of Marriage Act. Mr. Obama was quoted in a speech as saying:

“I’ve called on Congress to repeal the so-called Defense of Marriage Act to help end discrimination against same-sex couples in this country. Now, I want to add we have a duty to uphold existing law, but I believe we must do so in a way that does not exacerbate old divides. And fulfilling this duty in upholding the law in no way lessens my commitment to reversing this law.”

What are the Consequences on US Immigration if the Defense of Marriage Act is Repealed?

Should the Defense of Marriage Act be repealed, the upshot would be that the Federal government would recognize same-sex marriage. Therefore, US Immigration benefits would likely be conferred based upon a marital relationship. Thus, if a same sex couple enters into a valid marriage in a country like Belgium, then they could file an I-130 petition for a CR-1 visa based upon their relationship (under this hypothetical scenario, they could also file a supplemental visa application for a K3 visa).

In another hypothetical situation, the same couple are now unmarried, but they have a bona fide relationship and intend to marry in the United States in a jurisdiction that allows and recognizes same sex marriage (Massachusetts for example). This factual situation would likely allow that couple to file a visa application for a K-1 visa because the parties would meet the legal requirements imposed upon those wishing to obtain a US visa for a fiance.

It is currently uncertain whether Obama will successfully lead the charge to repeal the Defense of Marriage Act. What is certain is the fact that should the Defense of Marriage Act be repealed it will have a major impact on United States law and a crucial impact upon same sex immigration rights. If Obama is successful in repealing DOMA the upshot will likely be that the Uniting American Families Act (UAFA) will be rendered superfluous because same sex marriage would be included in the umbrella term “marriage” under current US Immigration law.

(Please not that the above information is for eductaional purposes only. No attorney-client relationship shall be inferred to be formed between the author and any readers of this post.)

Tags: CR1 Visa, DOMA, K1 Visa, K3 Visa, Obama, Same Sex Immigration, same sex visa, uafa, US Immigration, US Visa
Posted in Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa Thailand, Upcoming Legislation, US Visa and Immigration | No Comments »