Integrity Legal

It recently came to this blogger’s attention that a senior American diplomat was recently noted for discussing matters pertaining to the Association of Southeast Asian Nations (ASEAN) and the Asia-Pacific region. In order to provide further insight into these developments it is necessary to quote directly from the DAWN website, DAWN.com:

Kurt Campbell, the Assistant Secretary of State for East Asian and Pacific Affairs, added in an interview with The Australian newspaper that there was more to US-Asia diplomacy than Washington’s relationship with Beijing. “One of the most important challenges for US foreign policy is to effect a transition from the immediate and vexing challenges of the Middle East to the long-term and deeply consequential issues in Asia,” Campbell said. He made clear this did not mean Washington would neglect its responsibilities in the Middle East, but was rather a desire to deepen relations with the Asian region. And while efforts were being made to enhance Washington’s dialogue with China, it was more than just relations with Beijing that were important. “I think what you see is an across-the-board effort (by the US) to articulate India as playing a greater role in Asia,” said Campbell, a key aide to US Secretary of State Hillary Clinton…

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

It was interesting for this blogger to note that there appears to be something of a shift in attitude toward the ASEAN region as Asia in general is viewed as playing an increasingly important role in the global economy. As the Asia-Pacific and ASEAN regions continue to show signs of future growth it stands to reason that countries such as China and India, or any of the so-called BRICS countries for that matter, will become economically more connected to the geographic area. Meanwhile, hopefully American policies in the region will be such that further Asian-American trade and business is generated.

In matters related to American immigration, it recently came to this blogger’s attention that the American Bar Association has recently made resolutions regarding the unlicensed practice of law in an immigration context. In order to provide further details on these developments it is necessary to quote directly from the official website of Law Professor Blogs, LawProfessorBlogs.com:

FURTHER RESOLVED, That the American Bar Association supports measures to combat the unauthorized practice of immigration law (UPIL) and immigration practitioner fraud.
FURTHER RESOLVED, That the American Bar Association encourages federal, state, and local governments to adopt laws that:
(a) Create a private right of action for victims of UPIL or immigration practitioner fraud.
(b) Provide criminal penalties for engaging in UPIL or immigration practitioner fraud that would give federal and state authorities the right to investigate and prosecute those engaging in UPIL or immigration practitioner fraud.
FURTHER RESOLVED, That the American Bar Association urges the Department of Homeland Security (DHS) and Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) to make accommodations for victims of immigration practitioner fraud, including:
(a) Allowing the withdrawal without prejudice of submissions in cases in which a noncitizen can establish that his or her immigration filings were created or submitted by an individual engaged in UPIL or immigration fraud or alternatively, developing a means for submitting corrected filings which will supersede the documents previously filed.
(b) Allowing the U non-immigrant visa to be available for victims of immigration fraud who cooperate with federal, state, or local law enforcement, as well as state bars…

The administration of this web log asks readers to click upon the relevant hyperlinks noted above to read these resolutions in detail.

Clearly the ABA is taking policy stances in an attempt to reverse the trend of unlicensed legal practitioners preying upon an unsuspecting public in immigration matters. As previously noted in the pages of this web log, those seeking advice and counsel regarding US visa matters are well advised to check the credentials of anyone claiming qualification to practice American immigration law as only a licensed American attorney is permitted to accept client fees in order to engage in the practice of American law. Hopefully, policies will be officially promulgated to address the problem of unscrupulous individuals and organizations defrauding the public.

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

Tags: American Bar Association, American Immigration, ASEAN, Asia-Pacific region, Assistant Secretary of State for East Asian and Pacific Affairs, ASsociation of Southeast ASian Nations, BRICS, Department of Homeland Security, Department of Justice, DHS, DOJ, EOIR, Executive Office for Immigration Review, immigration practitioner fraud, India, licensed American attorney, licensed American lawyer, U non-immigrant visa, U Visa, unauthorized practice of immigration law, UPIL, US foreign policy, US Secretary of State Hillary Clinton, US-Asia diplomacy
Posted in US Mission ASEAN, US State Department, US Visa and Immigration | No Comments »

It recently came to this blogger’s attention that the United States Consulate in Chennai, India has issued an apology statement pertaining to remarks made by a Consular Officer in that jurisdiction. In order to provide further insight it is necessary to quote directly from the official website of Yahoo News at Yahoo.com:

The United States has apologised for controversial remarks made by a US diplomat who spoke of “dark and dirty” Indians, calling the comments “inappropriate”. US Vice-Consul Maureen Chao told Indian students on Friday that her “skin became dirty and dark like the Tamilians” after a long train journey, according to Indian media — referring to people from the southern state of Tamil Nadu. During her speech in the Tamil Nadu capital, Chennai, Chao was quoted as saying: “I was on a 24-hour train trip from Delhi to (the eastern Indian state of) Orissa. “But, after 72 hours, the train still did not reach the destination… and my skin became dirty and dark like the Tamilians.” Following her speech, the US Consulate in Chennai on Saturday issued a “statement of apology”. “During the speech Ms. Chao made an inappropriate comment. Ms. Chao deeply regrets if her unfortunate remarks offended anyone, as that was certainly not her intent,” the US Consulate said on its website…”As US Secretary of State Hillary Clinton recently noted, the US-India partnership is based on our shared values of democracy, liberty, and respect for religious and cultural diversity,” the US consulate added…

The administration of this web log strongly encourages readers to click upon the relevant hyperlinks noted above to read this article in detail.

Although the comments noted above are unfortunate, inappropriate, and downright impolite it should be noted that mistakes do happen. Notwithstanding the fact that the individual in question is a civil servant of the United States government she is also human and therefore not immune from making mistakes. It is admirable that the US Consulate noted above took the opportunity to quickly and maturely respond to the comments and issue an apology. Hopefully the whole situation will stand as an example to future American State Department personnel.

In news related to the continuing struggle for LGBT equality, it recently came to this blogger’s attention that there has been further analysis of the factual situation surrounding the story of a same sex married couple who may be compelled to separate due to enforcement of the so-called “Defense of Marriage Act” (DOMA). In order to provide further information it is necessary to quote directly from the official website of CNN, CNN.com:

Anthony Makk was trying to become a permanent U.S. resident – like many heterosexual couples do – so he could stay with his loved one who he married seven years ago in Massachusetts. Makk, who has been with Bradford Wells for 19 years, is also doing it because he is a caregiver for his husband who has AIDS.

Frequent readers of this web log may recall that the Commonwealth of Massachusetts has allowed for the legalization/solemnization of same sex marriage through intra-State licensure protocols. Notwithstanding the fact that this sovereign American State and other jurisdictions such as the State of New York have legalized such unions they are neither recognized nor granted routine Full Faith and Credit pursuant to the United States Constitution’s Full Faith and Credit Clause. There are currently cases pending in the US Courts which address these issues, but a final resolution has yet to come to fruition. To continue quoting from the aforementioned article on CNN.com:

..But the federal government denied his final appeal two weeks ago on the basis of the Defense of Marriage Act which doesn’t recognize their same-sex marriage. “The claimed relationship between the petitioner and the beneficiary is not a petitionable relationship,” the government’s ruling said. “For a relationship to qualify as a marriage for purposes of federal law, one partner must be a man and the other a woman.” The U.S. Department of Citizenship and Immigration Services echoed the sentiment, saying as long as DOMA was in place, they will continue to operate under that standard…The couple is calling for the U.S. government to step in and allow Makk to stay and care for Wells. The couple said they feel the federal government is doing everything to keep them from being able to do what any other heterosexual couple already can do. “I feel that my government is trying to destroy my marriage,” Wells said. “And my government is trying to impose a great deal of harm on my life for no reason whatsoever. I feel like I’m being bullied by my government.” But the fight to stay together has strengthened the couple’s bond, Makk said. “We made a big commitment to each other and the harder they make it, the stronger our relationship is.” What’s more frustrating for Wells, who says that the couple never intended for this to become a public debacle, is that they make sure to do everything that all married couples are required to do – like pay joint taxes, but get none of the benefits. “We have all the responsibilities, do the penalty parts of marriage, but then when it gets to the same benefits, we’re told no, you don’t qualify,” Wells said. “The government has decided they don’t like who I marry. For the federal government to say this isn’t a marriage – it’s degrading.” Still, the couple holds out hope. Hope that President Obama could step in to the battle that’s already raging in Congress over a repeal of DOMA, which he said he would support…

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

The first question this blogger would pose under the circumstances is: Could the Attorney-General of the United States not issue a hold on this deportation in much the same way that a hold was placed on the removal of the New Jersey same sex civil union partner of an American Citizen? Notwithstanding the fact that the provisions of DOMA preclude the accordance of American visa benefits such as the K-1 visa, the CR-1 visa, or the IR-1 visa to same sex couples the American Attorney-General has rescinded a deportation apparently to scrutinize the Constitutional issues at play where a State has licensed a marital union. Under the circumstances in this case it seems only prudent to infer that there may be even more significant Constitutional issues because the underlying union is a same sex marriage and not a civil union. As noted previously on this blog, it is this blogger’s opinion that once a State sovereign has exercised their prerogatives with respect to the licensure of marriage, then the imprimatur of that State’s recognition of the underlying marriage should be accorded both inter-State Full Faith and Credit and federal recognition. Under the current situation with respect to DOMA, the States’ Rights are being marginalized and the American Citizenry’s individual liberties are being infringed.

Meanwhile, American legislators such as Representative Jerrold Nadler have introduced legislation such as the Uniting American Families Act (UAFA) to directly address the current discrimination being imposed upon same sex bi-national couples. Furthermore, the provisions of the Respect for Marriage Act would seem to deal with the Full Faith and Credit issue by according same sex marriages performed in those States which legalize and/or solemnize such unions with federal “certainty“. How this issue will ultimately be resolved in the American Congress or Courts remains to be seen.

–Benjamin Walter Hart

For related information please see: Consular Processing.

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

Tags: American State Department, beneficiary, Commonwealth of Massachusetts, Consular Officer, cultural diversity, Defense of Marriage Act, Delhi, democracy, DOMA, Full Faith and Credit, Full Faith and Credit Clause, heterosexual couple, joint taxes, liberty, Orissa, permanent U.S. resident, petitionable relationship, petitioner, President Obama, qualify as a marriage for purposes of federal law, State of New York, Tamil Nadu, U.S. Department of Citizenship and Immigration Services, United States Citizenship and Immigration Service, United States Consulate in Chennai India, US diplomat, US Secretary of State Hillary Clinton, US State Department, US Vice-Consul, US-India partnership, USCIS
Posted in same sex visa, States' Rights, US Consulate Chennai, US State Department | No Comments »

It recently came to this blogger’s attention that the heads of the American and Chinese foreign services commented upon those two countries’ ability to peacefully resolve disputes pertaining to the rather vexatious issue of the South China Sea. In order to provide further information this blogger is compelled to quote directly from the China Daily website, ChinaDaily.com.cn:

BEIJING – China and the Association of Southeast Asian Nations (ASEAN) have the ability and wisdom to settle the South China Sea disputes, Foreign Minister Yang Jiechi told US Secretary of State Hillary Clinton on Friday. Yang, speaking on the sidelines of the ASEAN Regional Forum to be held on Saturday on the Indonesian island of Bali, said the Chinese side is committed to maintaining freedom of navigation and security in the area. Clinton said the United States understands that the South China Sea issue is complex and the US side takes no position on the issue. She added that Washington supports measures conducive to the settlement of the disputes, and has no intention of getting involved or making it a problem in China-US relations…China and ASEAN countries recently reached agreement on the guidelines of implementing the Declaration on the Conduct of Parties in the South China Sea, which lays a foundation for cooperation in the area and demonstrates that China and ASEAN countries can solve the disputes on their own, Yang said…

The administration of this web log asks readers to click upon the hyperlinks noted above to learn more details from this interesting article.

It is certainly heartening to hear news about the maintenance of principles such as those espoused above, hopefully such discussions will result in benefits for not only the United States and China; but all concerned as well. Frequent readers of this blog may have taken note of the fact that there have been many discussions centering upon matters arising in the context of the jurisdictions which comprise the Association of Southeast Asian Nations (ASEAN: Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam). Such discussions would seem to have revolved around topics such as the aforementioned South China Sea dispute, a possible single ASEAN visa scheme, as well as issues related to trade in the increasingly economically vibrant region.

In somewhat related news it would appear as though a former Vietnamese Air Force Commander has passed away. In order to provide further insight it is necessary to quote directly from the official website of The New York Times, NYTimes.com:

Nguyen Cao Ky, the flamboyant former South Vietnamese Air Force commander who served for two years as his country’s wartime leader, then fled to the United States when Saigon fell to the Communists, died Saturday at the age of 80. Mr. Ky died at a hospital in Kuala Lumpur, Malaysia, where he was being treated for a respiratory infection, a nephew, Peter Phan, told The Associated Press. After serving in both the Communist and French colonial armies, he rose through the ranks of South Vietnam’s fledgling air force, then led Vietnam as prime minister from 1965 to 1967 before serving as vice president under his bitter rival, Nguyen Van Thieu…He re-emerged in the news in 2004 when he became the highest-ranking former South Vietnamese official to return to Vietnam, at the invitation of the Communist government. In government, he relished a bad-boy reputation, striking a vivid figure in his purple scarf, thin mustache and cigarette and appearing on occasion with his glamorous wife, both wearing matching black flight suits…

The administration of this web log strongly encourages readers to click upon the relevant hyperlinks noted above to read more about what would appear to have been an interesting personality. Although it has been some time since the conclusion of the conflict in Vietnam, an understanding of the history of said conflict can provide a great deal of historical context and contemporaneous insight about the current situation in both Vietnam as well as Greater Southeast Asia.

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

Tags: ASEAN, ASEAN Regional Forum, ASsociation of Southeast ASian Nations, Brunei Darussalam, Cambodia, China, China and the Association of Southeast Asian Nations, China-US relations, Declaration on the Conduct of Parties in the South China Sea, Foreign Minister Yang Jiechi, Indonesia, Indonesian island of Bali, Laos, Malaysia, Myanmar, Philippines, Singapore, South China Sea, South China Sea disputes, Thailand, US Secretary of State Hillary Clinton, Vietnam
Posted in ASEAN Business, ASEAN Visa, Vietnam Business | No Comments »