Showing posts with label immigration. Show all posts
Showing posts with label immigration. Show all posts

Saturday, March 5, 2011

A Green Card - But Nothing to do with Ecology

Duang - Happy and Proud To Have Her Green Card
Yesterday was a very exciting day.   Nine months to the day that we started the long, arduous, and relatively expensive process to obtain a "Green Card" for Duang, her card arrived in the mail.  It arrived approximately one month after she arrived in America.

Duang had dressed up for my two aunt's visit later in the morning.  As she sometimes does, she told me what she thinks is going to happen during the day.  She often does the same thing during movies and besides finding it amusing I also believe her abilities to predict up coming events in the film is attributable to her intuition and often the all too familiar plots.  Yesterday morning she told me that she thought that her "ID Card" was going to come in the mail.  Two weeks ago she received a letter indicating that her Green Card was being processed and that she should have it in 30 days.  For some reason she was convinced that the card would arrive in yesterday's mail.  Sure enough there was a letter for her with the card.  I often say that I do not stand a chance if she decides to use her "powers" against me.

Duang Ready to Open Her Special Mail
We took some photographs to record and capture the proud moment in her life.  It has been a long and involved process for her and is for all other legal immigrants to the USA.  She had been rejected three times in her efforts to obtain a Tourist Visa and each rejection of her application was taken as a personal affront to her as I am sure that it is for all other applicants.  We know of some people who have been rejected 4 times in applying for a Tourist Visa.
Now that the Mid-Term Elections are over with, I have not heard, seen, or read much from either politicians, government officials or the media regarding "Comprehensive Immigration Reform".  I am still at a loss as to what constitutes "Comprehensive Immigration Reform" but I doubt that there will be much said on the subject until the next round of national elections revs up.


Duang Trying to Figure Out What the Letter is All About
From our experience in obtaining an Immigration Visa for Duang, I do not believe that it is always necessary for an American citizen to hire an immigration attorney to assist in the preparation of the application and documentation.  I do believe that it is strongly advisable for the person preparing the applications and documents to have access to a computer, access to the Internet, and to be able to scan documents into "PDF" files.  It is also essential that the person preparing the applications and documents for submittal fully understand English and be very well organized.

Duang does not read or write English so I handled the preparation of her documents.  I have years of professional experience in preparing subcontract documents, contract documents, developing contract/subcontract claims, and defending against subcontract claims.  Even with that quasi legal experience of handling documents and preparing submittals I found the current established procedure to be challenging.  I doubt that when someone says that they are for "comprehensive immigration reform" that their intention is to propose or initiate steps to simplify, expedite, or streamline the current process.

Part of my motivation in handling the process on my own was my steadfast conviction that an American, ANY American citizen, should be able to deal directly with their government without the use of an intermediary.  Hiring an attorney to deal with your government seems more of a need in an monarchy, oligarchy, theocracy, or any other form of government other than "a government of the people and for the people".  I admit that I am still idealistic and most likely naive but I want to still believe that our government is that.  Hiring attorneys, lobbyists, or some sort of professional intermediaries to represent me to and before my government takes a great deal away from the ideals set forth in the aforementioned statement.

What It Has Been All About - Duang and Her Green Card
I also believe that "comprehensive immigration reform" does not include any attempt to modify the current process to ensure that the services of attorneys or immigration assistance companies are not necessary or justified in the future.

What I believe "Comprehensive Immigration Reform" really is a touchstone phrase that admits the existence of the 800 pound gorilla, or is it elephant in the room, without recognizing either the willingness or responsibility to do anything about it.

The gorilla or elephant in the room is the existence of thousands of illegal immigrants in this country - people who have disrespected and violated our laws.  Due to politics and political correctness this issue does not get resolved.

The illegal immigrants in general are not Thais or other SE Asians for if they were it would not be such a problem because their supporters do not have political clout.  There in lies the problem, the people who can do something about the problem are reluctant out of fear of the political consequences of addressing the issue.  When I write that they are in fear of the political consequences I mean the consequences of granting amnesty as much as fully and actively enforcing the existing laws.  Fear has paralyzed our federal government preventing them from resolving a major issue that has economic, social, and national security impacts on the nation.  At least in regards to this issue the United States of America is not home of the brave.

As for Duang, we are happy and grateful that we were able to obtain an Immigration Visa legally and in accordance with all the existing regulations.  The time required, the effort required, and the expense required to get my wife to America is well worth it. 

Sunday, January 23, 2011

The Times They Are Changing, Allen's World Too


Duang With A Pakama Wrapped Around Her Head
 A great motivation for pursuing an Immigration Visa for my wife was to be prepared for the time when I would have to return to America to care for my parents.  That time has arrived.

In one week Duang and I will be in America, staying in Connecticut, caring for my parents.

Life does not always, or perhaps it never plays out the way we planned or would have hoped.  However changes present opportunities as well as challenges.  It really is all up to us and how well we allow ourselves to adapt, recognize the opportunities, take advantage of the opportunities, and overcome the challenges.

I had looked into visiting Malaysia to visit Batu Caves during Thaipusam.  Thaipusam is a Tamil Hindu festival where people pierce their bodies to carry ornate structures up to the cave as demonstrations of their faith.  Over a million people attend the event.  It has a tremendous photography potential as well being another unique Southeast Asia experience.  Not attending this year will just have to be greater motivation and justification to attend a future celebration.

We had planned on returning to Maehongson to attend the Poi Sang Long Festival where young Shan boys are ordained as Novice Monks.  It is a very colorful and inspiring event - an event that we will attend once again in the future.

My blogs have largely dealt with my experiences in living here in Isaan as well as our travels and experiences in Southeast Asia.  Now with my return and Duang's immigration to America, I suspect that the focus of this blog will change.  Although I will continue to write blogs and share some of the photographs of far away places, many of the blogs will be related to Duang's experiences in adapting to America and American culture.  I also expect that some of the blogs will also deal with my observations and experiences re-adapting to life in America.

I have lived outside of America for all but 2-1/2 years of the past 11 years.  When I did live in America it was in California - a long way physically and culturally from New England.  It should be interesting for sure.

Thursday, December 2, 2010

Comprehensive Immigration Reform - Part 6 Medical Examination


Bumrungrad Hospital Heart Bypass Package Offer
 Last night we returned to our home in Northeast Thailand from one of our many trips to Bangkok as part of the process for applying for an Immigration Visa to the USA for my wife.

The application process commenced in July of this year and it appears that it will be concluded by the end of this year.  It will be concluded in the sense that my wife will either be granted an immigrant visa or will be denied an immigrant visa.  However the final determination for my wife to enter America will actually be made by the Immigration Authorities at her point of entry to the USA within 6 months of receiving her visa.

This trip to Bangkok which I wrote about previously was to receive a required medical examination prior to my wife's personal interview at the United States Embassy later this month.  I had chosen to have the medical examination performed at Bumrungrad International Hospital.

We had made arrangements over the telephone with hospital for an 8:30 AM appointment with one of the US approved doctors.  Since it was Duang's first visit to the hospital we were instructed to arrive at 8:00 AM to register with the facility prior to the examination.

We arrived at the hospital complex at 8:00 AM and we were immediatelyy impressed.  Bumrungard International Hospital is a huge facility celebrating its 30th anniversary.  The facility is a collection of tall modern skyscrapers.  Bumrungard was listed by Newsweek magazine as one of the top ten Medical-Tourism facilities in the world.  The international aspects of the facility were immediately apparent as we exited the taxi inside the guarded gates of the facility.  Looking around at the other patients and visitors to the hospital seemed to be like a visit to the United Nations.  There were many people from the Middle East and Africa using the hospital.

As instructed, we entered the Clinic and went to the 10th floor.  The "registration" area was located on the 10th floor and resembled more of a reception area for a five star hotel or a private bank lobby.  The room was very well decorated and relaxing.  The office furniture was expensive looking.  The women who handled the registration process, were all attractive, beautiful, and dressed extremely well in appealing business type uniforms.

We sat in very comfortable heavy upholstered chairs at one of the desks.  The receptionist took down Duang's information and entered it into a computer.  As part of the registration process Duang's digital photograph was taken and printed out as part of a traveler sheet which accompanied her with vital information through her examination.  The registration process was quick and extremely efficient.  We were sent to the 15th floor and arrived there at 8:25 AM.

At the 15th floor there were 4 waiting areas, A,B,C, and D.  We were instructed to go to "D"  Each of the waiting areas had a central station manned by several women.  Examination rooms and consultation offices were located behind the stations.  In front of the central stations were large upholstered benches and chairs similar to a typical airline business class lounge.  A large flat screen television provided entertainment as well as a rack of newspapers and magazines representing the major languages of the world.  The lighting in the waiting area was carpeted and very comfortable.  Once again there was a very relaxing ambiance. We turned in Duang's traveler sheet and we sat down to wait for further instructions.  As instructed by the US Embassy website "Packet #4", I had printed out the 6 pages of forms to be filled out.  I had filled out the general information on the forms but found out that it was not necessary since the hospital already had the forms and were filling out all information themselves.

At 8:28 AM Duang's name was called and the process commenced.  During the entire examination process we were accompanied by a hospital representative.  We did not get anxious or confused about where to go next during any of the steps of the process.

The medical examination was a fairly typical examination, blood drawn, weight, height, blood pressure, checking eyes, nose, ears, throat, listening to the heart, checking the abdomen for masses, personal interview and chest x-ray.

As part of the medical examination and evaluation process, there is a determination of vaccination requirements by the doctor.  Most of the vaccinations listed in Packet #4 are more applicable to children than to adults.  The doctor determined that Duang needed to demonstrate that she had been vaccinated for Tetanus, Diphtheria, Measles, Mumps, and Rubella.  Since she has no record of vaccination and I suspect that she was never vaccinated for these diseases, the doctor had her receive Td (Tetanus and Diphtheria) and MMR (Measles, Mumps, Rubella) vaccines.  She was injected in each of her arms; she quipped "Medicine for Thailand, Medicine for America" as she pointed to each arm.

Tuesday's vaccinations are only a start.  The Td vaccine requires three doses.  The next one to be 4 to 8 weeks from now followed by the third dose 6 to 12 months after dose #2.  The MMR vaccine requires a second dose 4 to 8 weeks from now.

The examination process lasted two hours.  We were told that the paperwork would be available in one hours.  The waiting area was so comfortable and interesting  that we decided to just wait for the documents rather than leaving and returning later.  Our wait actually ended up being 1-1/2 hours due to the delay in getting the chest x-rays delivered from the lab to the doctor.

We were given a two packets of x-ray films and documents to bring to Duang's interview.  The packets were thoroughly sealed with tape along with the hospital's stamp covering both the tape and an unsealed portion of the envelopes; high security measures to prevent tampering prior to delivery to the US Embassy.

We paid for the examination, 1,930 Baht ($64.33 USD) and first doses of the vaccinations, 1,408 Baht ($46.93 USD) at a station located on the same floor as the examination facilities.  Although we did not require any medication, there was a pharmacy directly across from the cashier.

$111.26 for two vaccinations and a medical exam including chest x-ray - another reason why I enjoy living here in Thailand.  Medical care is still affordable here for expats.

During the wait, I found some hospital literature for various services.

Total knee replacement at Bumrungrad International Hospital has a median cost of $15,014 USD.

Total Hip Replacement is a median cost of  $17,483 USD.

Heart Bypass surgery is a median cost of $29,198 USD however there is a special package available for $16,633 if you pay the hospital directly!  The package deal includes doctor's fees, up to 7 days hospitalization, and in hospital medicines.  Six years ago I had surgery to repair an umbilical hernia - In the hospital at 8:00 AM and out of the hospital at 2:00 PM the same day - $15,000 USD.  There is no wonder that some people decide to come to Thailand for medical treatment.

Completing our business at Bumrungrad International Hospital was not the end of our medical dealings during this trip to Bangkok.  For about a week Duang has been complaining about one of her eyes.  We decided that upon our return to Udonthani we would go to a doctor and have it looked at.  As it turned out, throughout our stay on our way to and from our hotel, we walked by a very nice clinic inside of the CRC Tower/Conrad Hilton Hotel associated with BNH Hospital.  On our last night in Bangkok, it occurred to me to get treatment there rather than waiting to get back home.  This is Thailand - no need for an appointment; just walk in.  We saw a doctor who examined her eyes and diagnosed that she had an inflammation of the conjunctiva but not infective conjunctivitis (pink eye).  The cost of the visit as well as for the two medicines was $40 USD.

So another important milestone in our quest for an Immigration Visa has been completed.  It appears that the process will take 6 months.  In a later blog I will share how much this process actually cost.  Once again I need to remind the reader that we are following the current process for legal immigration to the USA.  Because we are legally married, Duang is allowed to go to the head of the line so to speak - "At this point, you are 6 months from maybe getting a visa".  Because I have stayed in Thailand for over a year, our application is processed here in Thailand rather being processed at one of the regional centers back in the USA.  I believe that being processed in Thailand has got to be more expeditious than going through the regional centers based solely on the workloads for regional centers as opposed to a Embassy.

It has been 5 months and counting for a specialized case; the legal spouse of a natural citizen.

Wednesday, November 24, 2010

Comprehensive Immigration Reform - Part 5; Our Reason for Giving Thanks


Duang Worshiping At Her Upstairs Alcove Shrine - I know some of what she has been praying for.
 As I prepare for Thanksgiving tomorrow, here in Thailand, we have another reason to be thankful.  Yesterday we received an email notification of Duang's scheduled appointment at the US Embassy in Bangkok for her application for a Immigrant Visa to the USA.  Teaching Duang more about the meaning of Thanksgiving tomorrow will be that much easier with this shared blessing.

I am still bewildered by the status or definition of "Comprehensive Immigration Reform" in the United States.  With the conclusion of the mid-term elections in America, this news story appears to have disappeared from the media.  I suspect that the problems and issues remain as they were before.  The situation now that the elections are over with is that there is no impetus or perceived need for politicians to identify with the issue, be specific in their definition of the terms, or to imply that they have proposals let alone solutions for immigration related issues.

Back on September 29th, we had mailed a 3/4 inch thick packet of documents to the US Embassy in Bangkok as part of the current process for immigrating to the United States.  Submittal of the documents completed our portion of Packet #3 of the established procedure.  After the US Embassy had reviewed, investigated , and approved our submittal, we would be notified to proceed with Packet #4 along with notification for an interview appointment in Bangkok.  My research had indicated that it takes about 10 weeks after submitting Packet #3 to the Embassy to obtain an interview appointment provided there were no complications or rejection.  I figured that we were going to be notified soon, but I was still very pleased that my faith and belief were justified with the notification 8 weeks after transmitting the packet.

It has been a while since we sent the documents.  During this entire process, I have yet to obtain or have the name of any person working on this process given to me.  I suppose that the need for anonymity is for security reasons however it does make the process very impersonal.  There is no person that you can call with your questions or to determine the status of your case.  It sets up, in my opinion a rather adversarial atmosphere.  I do not prefer that type of atmosphere and after experiencing many interactions with government authorities here in Thailand, I am not accustomed to that sort of an attitude.  Here in Thailand, government employees that I have encountered, all wore a name tag.  If the process of applying for Immigrant Visa is to be impersonal, I can deal with it.  If the process is not as clear, I will have to deal with that also.

Duang's scheduled appointment is roughly a month from now.  At the time of her appointment, Duang will need to submit a sealed envelope containing 6 pages of documents related to her health examination as well as a chest x-ray.  As part of the Immigration Visa process, each applicant has to undergo a medical examination.  The medical examination can only be performed at specific locations and performed by specific doctors.  For applicants in Thailand, people can only be examined in either Bangkok or Chiang Mai.  In Chang Mai, there is a choice of two hospitals and three doctors.  In Bangkok, there is a selection of a hospital and a nursing home.  There are six approved examiners in Bangkok.

Chiang Mai is an 8 hour drive from our home in Udonthani.  Bangkok is a one-hour flight, 8-1/2 hour bus trip, or 6 hour drive from our home.  I considered going to Chiang Mai for the examination and combine the trip with a mini-vacation to photograph the local Hill Tribes.  I decided against it.  Given my previous experiences dealing with the bureaucracy, I believe that it would be best to go to a location in Bangkok - the US Embassy's neighborhood.  I do not want to give cause for any questioning, concerns, or confusion to delay the processing.  One of the selections in Bangkok is Bumrungrad Hospital; an international hospital which is recognized as the best hospital in Thailand.  Bumrungrad Hospital is the destination for many people who come to Thailand for Medical Tourism.  In keeping with my desire to keep our application simple and familiar to the US Embassy staff in Bangkok. I selected Bumrungrad since it is extremely close to the US Embassy.

The fee for the examination at Bumrungrad is 2,450 Baht ($81.66 USD) as opposed to 2,910 Baht ($97 USD) at the nursing home location in Bangkok and 2,000 Baht ($66.67 USD) at the Chaing Mai locations.

In addition to the medical examination, the applicant for an Immigrant Visa must provide confirmation from the medical examiner that the applicant have met US vaccination requirements.  In reviewing the listed required vaccinations, I realized that new immigrants are better protected than most Americans.  Some of the required vaccinations that surprised me were:  Hepatitis A, Hepatitis B, Human Papillomavirus (HPV), Influenza, Influenza Type b (Hib), Rotovirus, and Zoster (Chicken Pox).  Duang may not have to have all these vaccinations; it is up to the determination of the medical examiner.  I suspect that she will not need a Rotovirus vaccination which is given to infants to protect them from some of the causes of diarrhea.  I am also of the opinion that she does not need a HPV vaccine.  At the hospital here they approached Duang about getting the HPV vaccine but after researching it on the Internet I decided it was not justified.  The HPV vaccine it more suitable for young girls.  The vaccine provides protection from possible cancers possibly caused by the HPV.  However for older women or young women who have already been exposed to HPV, the vaccine has no benefit. The cost of any required vaccinations is in addition to the 2,450 Baht examination fee.

Duang At The Long Boat Races
Having decided to have Duang's medical examination done in Bangkok, I decided rather than try to accomplish the examination and interview in a single trip to Bangkok, we would make a separate trip to Bangkok just for the medical examination.  Although it is theoretically possible to accomplish both the exam and interview in two business days, I have learned over the years that it is best to plan on difficulties and then be surprised when things turn out smoothly.  I would hate to experience complications for an important as well as emotional process by not having all the documents that Duang needs for her interview due to some unanticipated complication with the medical exam.  "Complication"?  I suspect that she will need a vaccine or two.  It is possible that the vaccine might not be available at the time of her exam.  This would prevent her doctor from giving her an "All Clear" determination prior to her interview if it were the next day or two after her hospital visit.  My preference is for her to arrive at her interview with an "All Clear" determination by the Doctor.

We called Bumrungard Hospital yesterday and made an appointment without any difficulty for next week.  I asked about how long they anticipated the medical examination would take because I wanted to determine if an additional overnight stay would be required.  In the course of the conversation, the hospital representative stated that the examination would take a couple of hours in the morning and the doctor would complete the forms when the test results were available in the afternoon.  I asked if the documents could be mailed to us at our home in Udonthani.  I was not prepared for her response.  She informed me that due to "Personal Privacy" concerns in Thailand, the medical records have to be picked up in person by Duang.  Interesting and I guess it does provide a certain higher level of privacy than I am accustomed to.  Taking this into my calculations, we will spend an additional night in Bangkok to ensure that she will be able to pick up her records even if there is any "hiccup" on the day of her examination.  Since so many people spend a great deal of money to get to and stay in Bangkok for a vacation, we can't complain.  I know that we will find something to keep us amused and entertained if we do mange to have a day to burn in the city.

Duang's scheduled interview next month commences at 7:00 A.M. so we will fly down the day before.  If the decision is made to grant her an Immigrant Visa, the "visa will normally be available for pick up at the Consular Section waiting room in two business days"  Based upon this information we will fly down but will return by bus someday.  Since our return will be during the day, I don't mind traveling by bus.

Although politicians and public figures in America have not clarified or defined what they mean when they state that there is a need for comprehensive immigration reform or that they support comprehensive immigration reform, Duang and I have our path forward.  The current process is complicated, challenging, and requires patience as well as money to follow but it appears that the end for us is in sight.


One of the things that we will be thankful for tomorrow will be the approval of Duang's application up to this point as well as the opportunity for her to immigrate to America legally.

Wednesday, September 29, 2010

Comprehensive Immigration Reform? - Part 4

It's been a while since my last blog entry.  It has not that nothing has happened to write about.  To the contrary, we have been quite busy.  So busy that I have not had time to write.

Yesterday, Tuesday, we went to Bangkok to pick up Duang's "Good Conduct Letter" at the Embassy of Brunei from the Brunei Royal Police.  This document was the last piece of paper that we needed to complete the Package #3 prior to sending it to the US Consulate in Bangkok relocated to Duang's application for an Immigration Visa to the United States.

We have been to Bangkok for overnight stays twice in the past two months, so we decided to fly down and back in a single day.  We could have gone down by overnight bus and taken a late morning or early afternoon bus back to Udonthani.  We have done that before - 8-1/2 hours down leaving Udonthani at 10:00 P.M. and arriving in Bangkok the following morning at 6:30 A.M.  Taking a 11:00 A.M. bus gets you back to Udonthani at 7:30 P.M.  This is not a trip to be enjoyed.  I am not very enthusiastic about overnight bus trips.  If the on board mosquitoes don't get you, the bus driver might.  There are quite a few serious bus accidents in Thailand attributable to driver fatigue or impaired drivers, excessive speed, improper maintenance, or weather conditions.  The night before we were to leave for Bangkok, Duang saw a large bus laying on its side on the wet road back from Tahsang Village - confirmation that our decision to fly, spend an additional $160 USD rather than take a bus was justified.

We arrived home last night at 6:30 P.M. with the Police Certificate from Brunei.  This morning I started to assemble the documentation package.  I ended up with a 3/4" stack of paper.  Some of the documents had to be originals and some could be copies.  Some documents had to have certified English translations accompanying them.  Some of the Forms required substantiating documents.

Anticipating confusion and wishing to eliminate any reason to delay the processing of this stage of the current process for obtaining an Immigration Visa to the United States, I decided to create a transmittal document for the package where I listed the documents in the order that they were assembled in the package as well as how they were listed in the instructions.

As part of completing Form I-864, Affidavit of Support Under Section 213A of the Act, I also needed to address the issue of my domicile.  I wrote a letter addressing the domicile issue and listed the 13 attached supporting documents in the letter.  Each document had the appropriate enclosure number written in the lower left hand corner to assist in reassembling the packet if it becomes disassembled in Bangkok.

Part of my time today was spent making copies and or scanning the submitted documents to ensure that I had a record on file of the complete package.

I used the Transmittal Document to assemble the package, check the package for accuracy and completeness, recheck the package, and check it once again for a final time.  My experience to date has been that the authorities are very particular in reviewing the documents for compliance, accuracy, and completeness.  All boxes on forms need to be answered and not left blank.  "None" or "N/A" are to be entered rather than leaving a section blank on the forms.  Blanks will be a cause for delay in processing the application for a visa.

Tomorrow morning we will go to the Post Office and send the package to the US Embassy.  After waiting 6 weeks for the necessary Police Certificates we are hopefully ready for the next step of the current process for legal immigration to the USA  - a medical examination and related vaccinations followed by a personal interview in Bangkok.  My understanding is that we will be notified  of Duang's scheduled interview at the Consulate.  According to my research her appointment will be 10 to 12 weeks from next week.  Her medical examination and vaccinations will be a few days before her appointment.  This looks like it will be at least two more trips to Bangkok.

The process has been a long and drawn out affair. We are now 3 months into the effort.  It is taking longer than I expected.

The process has been an expensive undertaking.  It has cost more than I expected and the costs have not been terminated yet.

I am not complaining about either the duration or the costs but in bringing up these issues I am suggesting that these might be specific areas for "comprehensive immigration reform".  I have yet to hear or read any politician retracting the need or their support for "comprehensive immigration reform".

I have yet to read or hear what the definition, intent or specific proposals are for "comprehensive immigration reform".

Monday, September 20, 2010

Comprehensive Immigration Reform? - Up To Date - Part 3

In my August 14, 2010 blog entry, "Impressions - Dealing with Governments", I wrote about receiving USCIS Department of Homeland Security approval of my request, Form I-130 Petition for Alien Relative, for an immigration visa for my wife as well as the process for obtaining a Thai Police Certificate and a Brunei Police Certificate.  After our visit to Bangkok to apply for the two Police Certificates, we received the Thai Police Certificate in two weeks just as they promised.  It has been a month, so we are in the promised 1 to 2 month time frame stated by the Brunei Embassy.

Although the intensity of our efforts to obtain an Immigrant Visa have diminished somewhat while we await the required Police certificate from Brunei, we have not stopped all of our work to assemble the other required Package #3 documents to submit eventually to the American Consulate in Bangkok.

Per the required procedure, we need to submit the following documents to the American Consulate:

     1.    Copy of Passport - Duangchan (previously submitted to Dept of Homeland Security)
     2.    Copy of Birth Certificate - Duangchan (previously submitted to Dept of Homeland Security)
     3.    Copy of Birth Certificate - Duangchan - Certified English Translation (sent to DHS before)
     4.    Name Change Certificate - Duangchan (previously submitted to Dept of Homeland Security)
     5.    Name Change Certificate - Duangchan - Certified English Translation (sent to DHS before)
     6.    Marriage Certificate - Allen/Duangchan - (previously submitted to Dept of Homeland Security)

     7.    Marriage Certificate - Allen/Duangchan - Certified English Translation (sent to DHS before)

     8.    Marriage Registration - Allen/Duangchan (previously submitted to Dept of Homeland Security)
     9.    Marriage Registration - Allen/Duangchan - Certified English Translation (sent to DHS before)
    10.   Divorce Decree - Allen/First Wife - (previously submitted to Dept of Homeland Security)
    11.   Divorce Decree - Allen/Second Wife - (previously submitted to Dept of Homeland Security)
    12.   Divorce Decree - Duang/First Husband - (previously submitted to Dept of Homeland Security)

    13.   Divorce Decree - Duang/ First Husband - Certified English Translation (sent to DHS before)
    14.   Application Form DS-230 "Application For Immigrant Visa and Alien Registration"
    15.   Two recent passport sized photographs
    16.   Form I-864 "Affidavit of Support"
    17.   Thai Police Certificate
    18.   Foreign Police Records
 
Interestingly of the 18 identified documents to be submitted to the Consular Section of the Embassy of the United States of America, 14 had been submitted to the Department of Homeland Security previously, reviewed, and approved by them.  I would have assumed that they would have made a copy of the documents for their files and sent the original package over to the Consular Section or at least notified the Consular Section that they were on file.  In this electronic age, I would have expected the DHS to electronically scan the documents and placed them in a database to be referred to by all US government agencies.  Here I go again - assuming things to be easier and more simple than they are.

Comprehensive Immigration Reform? What does it mean?   Well at least for me, when I speak or write about "Comprehensive Immigration Reform", I am in part referring to and advocating the greater sharing of information between US government agencies and a greater use of digital technology in the process.
One of the new required documents to be submitted is Form I-864 "Affidavit of Support".  "Affidavit of Support" sounds rather innocuous until you delve into the details.  Ah yes - the famous quote "The devil is in the details".  I assumed by its title "Affidavit of Support", that I would be signing a single piece of paper stating that I will support my wife and she would not have to obtain public assistance.  Hmmm - I don't remember signing anything like that for my first two wives.  OK, no matter, they were Americans and like the old saying "It's my ball, my bat, and my park.  If you want to play, you play by my rules" and  I want to play baseball.  Well once again my idealism and naivete have been demonstrated in assuming that the "Affidavit of Support" was an easy and simple document.

Instruction Package for Immigrant Visa Applicants (Packet 3) for "Evidence of Financial Support" states "Note for Petitioners who Reside Abroad:   In order to qualify as a sponsor, you must meet the domicile requirement.  This means that you must show that you have maintained a residence within the USA or taken steps to reestablish your residence in the USA. ...  "


It also requires submitting a copy of your last Federal Income Tax Return.  No problem, I can do that - all 45 pages of it.  The simple Form is rapidly becoming complicated.

Going to the Instructions for I-864, matters become more difficult and complicated.  The stated purpose of I-864, Affidavit of Support is for "... immigrants to show that they have adequate means of financial support and that they are not likely to become public charge. ... "  A sponsor of an immigrant must demonstrate that their income is at least 125% of the current Federal poverty line for their household size.  Hmm ... I have been retired for three years and do not have much "income".  However reading on further I discovered that assets can be used to qualify.  I have savings and retirement accounts accumulated from the years that I did work so it seems that we are back in business.  I will be required to submit documentation for each of the assets that I want to be considered in determining that I can support my wife in the USA.

Our yearly "income" is whatever I pull out of the bank.  Next year it will also include Social Security benefits.  I did some more research and I need 5 times the difference between my income ($0) and the 125% of the Federal poverty line for a family of two to be able to sponsor my wife.  As it turns out there is no financial problem for us.  This is great news for us, my relatives, and my friends.  I will not have to hit anyone up to help sponsor my wife to immigrate to the USA.  They would not have to agree that if she needed money to stay off of welfare that they would provide it.  Not sure that I would want to know how close my family or friends are to me regarding that type of request.  I know that I am making light of a very serious issue but I would also like to remind the readers, who have gotten this far, this financial sponsorship is required for all legal immigrants under the current process.  The uneducated legal immigrant farm worker sponsoring the legal immigration of his wife or children is subject to the same requirements and process as I am or you would be.

The instructions for Form I-864 delve deeper into the situation of an American citizen living abroad.

"15. Country of Domicile. ...If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply:  B. You are living abroad temporarily  ...   C.  You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status. ... "  Personal circumstances should allow me to meet these additional requirements as long as I submit the required supporting additional documentation.

There are some difficulties encountered in writing a blog regarding Immigration to the United States.  The biggest difficulty is finding and understanding the truth.  Needless to say the issue of Immigration and Illegal Immigration is a complex and extremely emotional political as well as economic issue.  Both sides of the issues stake out their positions defiantly behind their mighty ramparts of alleged facts.  But as you delve into the sources and validity for these "facts" their basis is either missing or highly suspect.  I suppose there are several reasons for this.  Reasons include the desire to not let the facts or truth interfere with one's cause or argument, the illegalities involved, and the utmost need for discretion.

Why would an illegal immigrant admit that they were illegal?  Why would an illegal immigrant disclose how much they were paid for the work that they perform?  Why would an individual or company freely admit that they employ illegals?  Why would an individual or company freely or truthfully disclose how much they pay their illegal employees in wages and benefits?

Given the lack of hard and verifiable data, people fall back on antidotes, tribal knowledge and urban myths.  These are all useful in making one's point in an argument but not helpful in either identifying or quantifying the extent of a problem.

For this blog, I wanted to include some information on how much money an illegal immigrant makes in the USA today for performing farm field work. I did not find any information during my Google research that was current or that I felt was verifiable.  I have decided to use the country legal minimum wages as listed in Wikipedia.  For currency conversions I used http://www.xe.com/.  At least I can cite a source and the information may not necessarily reflect the truth regarding actual wages received but should provide a consistent basis for evaluating the economic motivation for immigration and more importantly illegal immigration.

Ironically, 400 Thai workers were recently discovered in the United States being victimized by a large worker recruitment company.  I have written that a farm laborer here in Isaan makes 150 baht a day ($4.87 a day). This amounts to $0.61 per hour for unskilled farm labor.  According to Wikipedia the minimum wage for Thailand is from 148 to 203 baht a day so their data is consistent with my personal knowledge.  Acordding to Wikipedia the legal minimum wage in Mexico is 57 pesos a day or an equivalent of $0.56 an hour.  According to Wikipedia the federal minimum wage in the USA is $7.25 an hour.

I read an article on the Internet, http://www.americanthinker.com/2008/02/illegal_immigration_and_low_wa.html that had to do with janitors in Los Angeles. The unionized janitors were allegedly making $12 an hour with benefits and over a two year period were replaced by subcontractors paying roaming crews of Mexicans and El Salvadorian laborers making $3.35 an hour.  I don't know what years this involved.  I don't know if the Mexican and El Salvadorian laborers received benefits although I suspect that they did not.  I do not know if the subcontractors paid Social Security Old Age taxes, Social Security Medicare Taxes, with held Federal Income Taxes, State Income Taxes, and State Unemployment Insurance Taxes from the wages of the Mexican and El Salvadorian laborers but ... once again I assume that they did not.

If this occurred today, the Mexican laborers would be making 6 times the amount of money that they could earn in Mexico assuming they could find a job there.

For the Thai laborer, in the same situation, they would also be earning far more than they could back in their home country - 5.5 times more.  Benefits?  Thai minimum wage workers do not get benefits - no medical insurance, no paid holidays, no paid vacation, no retirement plan, no unemployment benefits, no profit sharing, no bonus.  I suspect the same is true for Mexican and El Salvadorian laborers. Housing?  Thai workers when they are away from home, such as a large construction site or factory site build their own housing out of packaging materials, construction debris, and low cost materials.  The same is true in Vietnam.  They need a hose with water to drink, cook, and wash and for food they need rice.  They live off the land by foraging plants, fruit and fish. Pit toilets are not a problem or an issue for them. They pool their living resources so they are able to live and to be content on a wage far below that of an American worker.  The point is that they are accustomed to a much lower standard of living.  A similar standard or living and to be able to make 6 times the amount of money that they can back home is a great motivator as well as temptation to leave their home countries.

How many of us, given the opportunity to make 6 times, and I am talking 6 times after taxes, what we make today while maintaining a very similar lifestyle would or could ignore the opportunity to work in another country?  What if you already had some family members or friends over in that country who could help you out?

How long would you have to work over there at 6 times your current wage tax free to be able to get out of debt?  Pay for your children's college education?  To be able to retire early?  Pay off your mortgage?  Buy the dream home that you always wanted but thought that you could never have?  Perhaps to be able to buy a vacation home or maybe two?  What about paying for your daughter's dream wedding? To be able to travel anywhere you like whenever you want for as long as you want without financial concerns once you stopped working?  How long would you need to work in that country to fulfill your or your family's dreams?
I don't know about your answer but I know mine.  I did.  I went and worked in other countries for 50% more rather than 600% more than I could make in the USA.  I would do it all over again too.  If I were to change one thing it would be to have started sooner in my life.

I am not, at this time, condoning or condemning anyone or their actions regarding legal or illegal immigration to the USA.  As I have stated before, I am sharing with the reader our personal experiences involving the current process for legal immigration to the USA.

In sharing our experiences I hope to educate the reader as to what the current process actually is and what is involved in that process. Given that information the reader can identify what they believe are the problems with the current system, perhaps understand why the problems exist, and hopefully be able to work with the proper authorities for solutions.  Only then will we hopefully have an understanding and definition of "Comprehensive Immigration Reform".

Saturday, September 18, 2010

Comprehensive Immigration Reform? - Part 2

Duang Wearing Traditional Lao Loum Pakama On Her Head
My first installment of this series was written on July 20th of this year.  I actually wrote this Part 2 of the series a while ago (July 23rd) but a complete night's efforts was lost due to an Internet issue.  I wrote about being frustrated and sulking over the experience.  Well I am over the sulking , much has happened since then, and nothing has happened since then.

Nothing has happened?  In my first blog I rhetorically asked several questions regarding "Comprehensive Immigration Reform".  The first question, and perhaps the most important question of the lot was "What is Comprehensive Immigration Reform?"

Politicians, perhaps due to the lazy and hazy days of summer recess, have yet to elucidate their individual definition of Comprehensive Immigration Reform.  However it does appear that the nation is united and in agreement that 1.  We need "Comprehensive Immigration Reform" and 2.  I am in favor of "Comprehensive Immigration Reform".  Very difficult to disagree with either of those statements - as long as no one starts to be specific or even hint at any specifics regarding those statements.

The American media seems to have moved on to other issues but the problem along with causes as reported earlier in the year remain unchanged.  The media's as well as the public's short attention plan have moved on to other distractions for the time being.  Perhaps now that we are in the campaign period for the mid term elections this issue will be resurrected and rightfully so.

I am writing regarding our personal experience regarding legal immigration using the current process as it exists today.  Only in developing some understanding of the current process can we identify and have a reference up on which to develop viable alternatives and modifications to address weaknesses or deficiencies.

Whereas nothing seems to have happened in regards to defining what "Comprehensive Immigration Reform" means, many things have happened related to our personal quest for an Immigration Visa.

On Thursday 22 July, we commenced the formal process of applying for an Immigration Visa to allow my wife to go to the United States. As I wrote in a previous blog, my wife is qualified to receive an Immigrant Visa. The process starts with me submitting a petition, Form I-130 "Petition for Alien Relative", to the U. S. Citizenship and Immigration Services of the Department of Homeland Security.


Because I live outside of the United States my petition and the processing of the visa will be handled in Thailand rather than being handled through the mail to one of the regional centers back in the USA. If I were living back in the USA with my wife over here in Thailand or if I had only been staying here in Thailand for less than a year, the process could only be handled through a USA regional center.

On July 6, I started our effort to obtain an Immigrant Visa for my wife.  I had done some research on the Internet utilizing the US Embassy Bangkok, United States Department of State, and the Department of Homeland Security websites.  I became convinced that we qualified and should apply for a K-3 Visa.  A K-3 visa is a special visa that allows a qualified applicant to immigrate to the United States while their complete application for an Immigration Visa is being processed.  The stated process for obtaining a K-3 Visa is to first submit in person a petition, Form I-130 "Petition for Alien Relative", to the U. S. Citizenship and Immigration Services of the Department of Homeland Security.  There is a USCIS Office in Bangkok so we would have to travel to Bangkok, one hour by air or 8.5 hours by bus, in order to personally submit the Form I-130 along with its required documentation.

After the Department of Homeland Security received the I-130 package they would send me a "Notice of Action" Form 797 indicating that USCIS had received the petition.  Once I had the "Notice of Action" I could then submit to USCIS another petition, Form I-129F "Petition for Alien Fiance(e)", along with its associated documentation to the same USCIS office in Bangkok.  Fiance(e)?  A fiance(e) petition for my legal wife?  I don't make the rules.  I just try to follow the rules in order to obtain what I want.  Both websites stated specifically that the Form I-129F Petition was required even for legal spouses.
 
Not wanting to have to make an additional trip to Bangkok and wishing to expedite the process, I wanted to know if  I could go to Bangkok, submit the I-130 Petition, immediately receive the required Form 797 (a receipt notice), make a copy of the Form 797 and immediately submit the subsequent completed Form I-129F package.  This would essentially kill two birds with one stone and seemed to be very practical  as well as logical - practical and logical to me.  Having dealt with many bureaucracies over the years, I knew that what appeared  to be logical and practical to me and others, may not be allowed by "the rules" or "the way we do things".  I called the USCIS Office in Bangkok to see if I could submit both petitions on the same visit.
 
As I wrote before in a previous blog - things are not as simple or easy as you would expect or as they should be.  My phone call to USCIS was the start of my introduction or rather reinforcement to this truth in regards to Immigration.  The phone call to USCIS was answered by a Thai employee.  After explaining to her that I wanted to obtain a K-3 Visa as identified on both the USCISLesson #1 Learned or Affirmed - Things are not always what you read or are told.
 
She assured, but not necessarily convinced, me that I only needed to submit the Form I-130 and asked me for my Fax number because she had some additional requirements to send to me.  Fax number?  Do people other than those in third world countries still use fax machines?  I assumed that a large and important department of the United States of America government would have retired their fax machines long ago.  I asked her if she could send the information to me as an email attachment.  She informed me that she could only send it by fax.  Lesson #2 Learned or Affirmed - Things are not as simple or easy as they could be, should be, or as you expect.
 
In order to receive the USCIS information by fax, I would have to go into town and find an Internet cafe or copy business that had a fax machine, call the USCIS Office on my cellphone, give the USCIS representative the fax number and await the transmission of the information.  I then realized that my computer had a modem that was capable of sending as well as receiving fax transmissions although I had never done so to date.  After configuring my computer to function as a fax machine using Microsoft Windows, and calling the rep at USCIS in Bangkok to give her my land line phone number, I received one page of additional information.  Lesson #3 Learned or Affirmed - Where there is a will there will be a way.
 
The fax indicated that the $355 fee could be paid credit card Visa, Mastercard, American Express, Diners - this was a relief since I had been told "Visa" on the phone and I only have a Mastercard.  I did not want to pay in cash by Baht since I prefer to use baht only for Thai living expenses.  When I apply for Retirement Visa each year I must provide evidence of a Thai banking account with a specified baht balance for the previous three months.  The fax also required evidence that I had lived in Thailand for the past year whereas the websites did not specify a minimum time period to be able to have the visa application handled in Bangkok rather than back in the USA.  The fax also indicated that the office was closed on Wednesday afternoons - a fact that was not indicated on the Bangkok website.  Lesson #4 Learned or Affirmed - Things are not always what you read or are told.


I then proceeded to assembling the required documents to accompany the Form I-130 Petition.  Form I-130 and the USCIS fax requires the following documents:
 
     1.    Original completed Form I-130 Petition for Alien Relative
     2.    Original completed Form G-325A "Biographic Information" - Allen
     3.    Original completed Form G-325A "Biographic Information" - Duangchan
     4.    Recent Passport sized Photograph - Allen
     5.    Recent Passport sized Photograph - Duangchan
     6.    Original and Copy of Passport - Allen
     7.    Original and Copy of Passport - Duangchan
     8.    Copy of Divorce Decree - Allen/First Wife
     9.    Copy of Divorce Decree - Allen/Second Wife
    10.   Copy of Divorce Decree - Duangchan - Certified Translation in English
    11.   Copy of Wedding Certificate - Allen/Duangchan - Certified Translation in English
    12.   Birth Certificate - Allen
    13.   Birth Certificate - Duangchan - Certified Translation in English
    14.   Marriage Registration - Allen/Duangchan - Certified Translation in English
    15.   Certificate of Name Change - Duangchan - Certified Translation in English

There were also some generic requirements to provide documentation proving that we were in deed living as husband and wife.  To address these requirements we provided the following:

     16.   Affirmation of Marriage - Witness Statement by Duang's son
     17.   Affirmation of Marriage - Witness statement by Duang's son's girlfriend
     18.   Yellow House Book - Allen - Certified Translation in English
     19.   Blue House Book - Duangchan - Certified Translation in English
     20.   Pick Up Truck Title - Certified Translation in English
 
We encountered another obstacle to assembling the document package - Duangchan's Birth Certificate or rather her lack of a Birth Certificate .  When Duang was born in 1963 Thailand did not issue birth certificates.  When a family had a baby, the baby was added to the village records kept by the Village Headman.  When a child attained the age of 7, they would go the Amphur (County) Office with one of their parents and the Village Headman to have their name added to the Blue House Book and be added to the Amphur records rather than the Village records. The Blue House Book is a record of the Thai residents for each house.  Foreigners, like me, are listed in a Yellow House Book.  At 17 years old the child receives a Thai National ID Card.  ID cards are reissued due to name changes related to divorce or marriage.  Lacking name changes, the ID cards are reissued every ten years.  However, we had to submit a Thai Birth Certificate and not a Thai National ID Card for Petition I-130!  Our first stop was to Amphur Kumphawapi Offices to determine how we could obtain a "Birth Certificate".  Fortunately, Duang's situation was neither unique or rare.  Many Lao Loum women in Isaan have experienced the same problem in applying for visas to immigrate to foreign countries.  We were told that we needed to return with one of Duang's parents, the current Village Headman, a passport sized photograph, and Duang's parent's house Blue Book.  We returned the same day with the required people along with the necessary documents and left after a while with a brand new birth certificate.  One more obstacle removed and confirming that where there is a will there will be a way.
 
In order to get married in Thailand, we had to have some documents translated from English into Thai so we knew where to obtain certified translation service here in Udonthani.  Our documents were translated in 5 days and cost about $120 USD.
 
Rather than take a 8-1/2 hour bus ride from Udonthani to Bangkok, we decided to fly down to Bangkok.  Flying to Bangkok allowed us to spend one less night in Bangkok to accomplish our activities and was much less wear and tear on our bodies as well as minds.
 
We arrived at the USCIS Office across from American Consulate in Bangkok at 7:30 A.M. for the opening of the office at 8:00 A.M.  The Department of Homeland Security office is located at the top floor of a modern building.  From the elevator lobby at the top floor we walked to entrance of the USCIS office where we were greeted by the Thai security guard.  he indicated that we would have to wait in the elevator lobby but was kind enough to bring two plastic chairs for us to sit on while we waited.  During our 30 minute wait we saw two obvious Americans arrive and seemed to skulk into the office through a side door.  These were the only two Americans that we got to see and we never spoke to an American representative that morning.
 
 
 
At 8:00 A.M. the guard allowed us in.  After indicating why we were there, showing our passports, and signing in we passed through a metal detector and entered into a secured area at the end of a short corridor once the guard released the door lock from his station.  We found ourselves in an antechamber facing a wall that had several stations reminiscent of bank teller stations - heavy bullet proof glass with sliding metal drawers beneath them.  A large sign instructed us to approach a window, press the button once, return to our seat and await being summoned by a representative.  In about three minutes I was summoned and spoke to a female Thai employee - I suspect the same representative that I spoke to previously.  I told her what I was there for and handed her the assembled I-130 Package through the metal pass though drawer.  She leaved through the documents and verified that the package appeared to be complete.  She instructed me to return to my seat and wait for her to complete her review of the documents.  After awhile she called me back to the window and returned some of the documents to me with some highlights that she had placed on them.  I needed to fill out some additional information.  The I-130 Form had a place to write in the "Case Number".  we did not have a case number and I left it blank based upon my assumption that the USCIS would assign a case number at some point and add it to the petition.  I needed to indicate "NONE" per the Thai USCIS representative.  OK - no problem - I complied.  According to the instructions for the Form G-325A Biographic Information, I needed to fill out only those items of information that were not previously provided on the Form I-130 Petition.  The representative wanted me to fill out my current wife's name, my Social Security number and several other items that I had provided already on Form I-130.  OK - I added the duplicate information as she requested since it is like that old saying "It is my field, my ball, and my bat.  If you want to play baseball you play by my rules."  I didn't want to play baseball but I did want a visa for my wife as quickly as possible.  The Thai employee went back to the recesses of the dimly lit space behind the thick glass to continue her review of the package.  Once again she returned with some additional requirements.  Her requirements were obvious due to English being her second language.  The form required a petitioner to list the names of their children who would be immigrating to the USA.  My children are US citizens by birth.  Duang's children are too old to be considered for immigration on her petition.  Duang and I do not have any common children so I did not list any children.  The Thai employee wanted the names of all children listed.  Once again I reminded myself of why we were there and added whatever information that she considered necessary.  After a short while, she summoned me back to the window.  She gave me an invoice for the submittal of the petition - $355 USD.  She instructed me to cross Wireless Road to the US Consulate to pay the fee and return with the receipt for payment.  I complied and returned with the receipt.  She then informed us that we would be notified by mail in three weeks of the USCIS decision regarding the petition.  She told my wife that we had submitted the most complete and accurate petition that she had seen.  After one hour and fifteen minutes our business was completed.  I had budgeted a day and one-half for our business so besides being pleased I was relieved that it was concluded so quickly.  Lesson #5 Learned or Affirmed - Things are not always what you expect - sometimes they are better!



You may have noticed that I have made a point in identifying the USCIS employee as a Thai national.  I am not prejudiced - hey I married a Thai! I live staying here in Thailand!  However I am resentful that as an American citizen, when I have to deal with the US government in Bangkok I do not get to deal directly with an American but with a Thai citizen.  Lesson #5 Learned or Affirmed - Things are not always what you expect.
 
We were actually fortunate in having to deal with a real person directly with the submittal of the I-130 Petition.  When we left the Bangkok Office we knew that the I-130 Petition was complete and acceptable.  The only question that we had was if the petition would be approved.  If I had not stayed in Thailand for at least a year, the petition would have to have been submitted by mail back to the USA.  I suspect that differences in interpretation for providing an "acceptable" petition might also have occurred dealing with the regional office back in the USA but would have to have been resolved through the mail - 15 days or more transit time each way!  We got to that point in 1-1/2 hours rather than weeks or perhaps months.
 
I have gone into a great deal of detail on purpose.  I am attempting to share with you the exact process for immigrating legally to the USA under the currrent process.  I am attempting to accurately describe as well as to share the impediments encountered in following the current process.  As I close this part of our Odessy I need to remind the reader that because I am a citizen and we are formally as well as legally married, our process is a streamlined and expedited process not available to the vast majority of would be immigrants.

Tuesday, July 20, 2010

Comprehensive Immigration Reform? - Part 1

The phrases "I support comprehensive immigration reform" and "We need comprehensive immigration reform" are bantered about quite a bit now in the United States. I suspect that as we approach the mid-term elections we will hear more and more these phrases.

To be honest, which I feel that I can be because of my age and the fact that I have no political aspirations, I have no idea what "Comprehensive Immigration Reform" means.

Many times in my past career I found that young people, myself included, were reluctant to question statements to obtain a better understanding of rather obtuse statements. I suspect that we all felt that by questioning we would be demonstrating their lack of experience on the subject. As I got older I overcame this reluctance to question and request confirmation of my understanding of such statements. Interestingly enough, rather than viewing the questioning as being due to inexperience, people admired the knowledge that motivated the questions especially when responses to the questioning led to a completely different understanding than the initial statement would typically lead one to assume.

It is in this line of thinking that I question what is "Comprehensive Immigration Reform"? My suspicion is that the term is much like the phrase "I am sorry" - a phrase that is expressed in vain attempts to get out of uncomfortable situations or to avoid having to suffer consequences for unacceptable behavior. The statement "I favor Comprehensive Immigration Reform" could very well be akin to "I am not _______. Some of my best friends are ______"

What is the desired goal of "Comprehensive Immigration Reform"? What is the desired outcome when Comprehensive Immigration Reform is enacted or enforced?

Is the intent of Comprehensive Immigration Reform is to eliminate the matter, or reality of illegal immigrants?

Is Comprehensive Immigration Reform a national security issue and solution?

Is Comprehensive Immigration Reform an economic issue and solution?

Is Comprehensive Immigration Reform a political issue and strategy?

Does comprehensive immigration reform apply to Brazilians? Malaysians? Canadians? Algerians? Thais? Vietnamese? (I have purposely selected nationalities of countries where I have worked and lived there by acquiring a first hand knowledge of the peoples).

Does comprehensive immigration reform apply to all people who desire to legally immigrate to the USA? Only the "rich"? Only the highly skilled? Only the highly educated? Only the young? Only the old?

Does comprehensive immigration reform address only Mexicans? Only Hispanic peoples?

I have a suspicion that the phrase "Comprehensive Immigration Reform" has been hijacked to address only the issues related to illegal entry into the United States through Mexico and that the general understanding of the phrase precludes the consideration of other nationalities. This would be a similar perception that racism is a solely "White on Black" and to a lesser extent "White on Brown" issue and not issue of any race on any other race with the concept of "Black on ____" as inconceivable.

So far from what I can perceive from over here in Thailand, the uttering of the phrases "I support Comprehensive Immigration Reform" and "We need Comprehensive Immigration Reform" is very much like waving either a crucifix or garlic clove in the face of a vampire - it ends a very uncomfortable confrontation but resolves nothing.

Of course to reform or change anything, the current situation and process must first be understood. Identifying the issues and processes are and should be the first steps in developing the intended goal of such changes and reforms.

How does some one legally immigrate to the United States under the current process?

The following options are available to certain people who wish to legally immigrate to the USA under the current processes:

1. Be sponsored by an immediate relative or family member

2. Be sponsored by an employer

3. Qualify as a "Special" Immigrant - Iraqi of Afghan Translators/Interpreters, Iraqis who worked for/on behalf of the U.S. government, Afghans who worked for/on behalf of the U.S. government, religious workers

4. Diversity Visa Program - Visa are issued from countries with low rates of immigration to the USA. These visas do not require a US sponsor. Citizens of the following countries are not eligible for participation in the Diversity Visa Program - Mexico, Brazil, Canada, China, Columbia, Pakistan, India, Haiti, United Kingdom, Peru, Jamaica, El Salvador, Philippines, Vietnam, Ecuador

Under the Diversity Visa Program, 45,000 permanent resident visas each year are issued to citizens of countries that have low rates of immigration to the USA. The number is supposed to be 50,000 but in 1997 Congress passed the Nicaraguan and Central American Act (NACARA) that required 5,000 of the 50,000 be available to the NACARA program.

People desiring to immigrate to the USA under the Diversity Visa Program apply during a specified 60 day registration period typically starting in October of each year. For the DV-2011 program received 12,100,000 (12.1 MILLION) QUALIFIED entries. Applicants were randomly selected, a lottery, apportioned over six geographic regions with a maximum of 7% selected from people born in any single country within each region. The regions are Africa, Asia, Europe, North America, Oceania, with the final region being "South America, Central America and the Caribbean".

For DV-2011 some of the results were Laos - 2, Thailand - 77, Japan - 298, Israel (considered "Asia") - 129, Norway - 66, Northern Ireland - 201, France - 767, Denmark - 66, Chile - 63, Argentina - 134.

For DV-2011 the probability of a Diversity Visa to the USA would be awarded to a Thai applicant was 6.4/1,000,000. In comparison, according to US National Weather Service of NoAA the probability of being struck by lightning during your lifetime is 160/1,000,000 - 25 times more likely than the Thai getting a visa in the DV-2011 lottery.

To be successful in obtaining the Diversity Visa the applicants (lottery "winners") have to produce evidence of a high school education or equivalent as well to provide evidence of "two years of work experience in an occupation that requires at least two years of training or experience within the past five years". This disqualifies field workers, laborers, and housekeepers from getting a visa.

Given the low probability of obtaining a Diversity Visa Program visa, the only two realistic options available for legal immigration to the USA are to be sponsored by an immediate relative/family or to be sponsored by an employer.

Because of our marriage, I will be sponsoring my wife to immigrate to the USA. We have tried three times to obtain a Non-Immigrant Visa (Tourist Visa) in order that she could legally visit the USA. We were not successful and were not alone. We met people who had applied for Tourist Visas 3 and 5 times without success. In the year, 2008, 1,481,471 applications (application fee $131 each) for Non-Immigrant Visa to the USA were rejected on the basis of "Section 214(b) Failure to establish entitlement to non immigrant status" Translation - "They did not convince their interviewer that they would return to their home country at the conclusion of their visit to the USA". This is a determination is strictly up to and at the discretion of the interviewer. The decision of the interviewer is not subject to review or appeal. As I had written in a previous blog, http://hale-worldphotography.blogspot.com/2010/05/tale-of-two-cities-visa-quest.html , we finally were able to speak with an American official who advised us to seek an Immigrant Visa rather than a Non-Immigrant Visa for my wife to be able to visit the USA. Since Duang did not have a job in Thailand and a sufficient bank account, she would not receive a B-2 Tourist Visa. I also suspect that she would travelling independently with me rather than as part of an organized tour, she would not get a B-2 Visa even if she had a job and a significant bank account here in Thailand. We know of people with jobs as well as money who were denied Tourist Visas because of "Section 214(b) Failure to establish entitlement to non immigrant status".

Tomorrow, we will fly to Bangkok to commence the process to get an Immigrant Visa for my wife. The process that we are embarking upon is a streamlined and more simple process because of our marriage, which finally affords us some due consideration in our dealings with the US government.

Subsequent Parts of this blog will deal with the process of getting the visa. My intent will be to truthfully and accurately document what is currently required to legally immigrate to the USA. I believe that in doing so will inform others as to the current reality, perhaps to provide some understanding as to why some people choose to ignore the process, and most importantly of all give some background so that others can ask more pointed and relevant questions as to what people mean when they say "I support Comprehensive Immigration Reform" or "We need Comprehensive Immigration Reform"

Friday, January 9, 2009

22 July 2008 - How Time Passes

22 July 2008 - How Time Passes

Today was another adventure. The weather was typical for this time of year here in Isaan. It was in the low 90's, overcast, humid, and with a thunderstorm in the middle afternoon.

The adventure was travelling to the Laotian border to obtain an Re-Entry Permit for my return from my upcoming trip to the USA. The border crossing is in Nong Khai about 35 miles from Udonthani. Since we do not have a car yet, we used public transportation. The first leg was by somlaw from our hotel to a place along the main road where the bus stops. Somlaws are three wheeled motorcycles - the driver sits in front on the front half of about a 250 cc motorcycle with the passengers sitting behind him in a little cart that has two narrow padded benches along the side. The entire assembly is covered in a metal frame with a tarp over the top. In the event of rain, flaps in the front, and along the side of the passenger area can be rolled down to "protect" the passengers. Speaking of "protection" - seat belts are not mandatory - THEY DO NOT EXIST. The metal frame is quite handy to grab onto to prevent you from bouncing out when the somlaw hits a bump. There is no meter on a somlaw. The cost is determined and agreed upon prior to getting in. For this leg of the trip it was 50 Baht for both of us - $1.52. Most trips within Udonthani are less than $2.42 for two people. An alternative means of transportation is to wait and grab a passing songthaew - a pickup truck with a metal frame over the back that has two padded benches running along the sides of the back. Songthaews are safer than somlaws in that they are bigger (size does matter in Thailand - or at least in regards to traffic control) and the roof of the passenger compartment is sheet metal rather than a tarp. As in somlaws, there is no need to be worried about seat belts - there are none. Songthaews do not have meters but travel a set route as identified by the color of the truck and a number prominently displayed. Fares are 10, 20, 30 Baht ($0.30, $0.60, $1.00) depending upon the distance. I am not sure what the distance parameters are but Duang keeps me out of trouble and prevents me from getting ripped off in that regard.

The second leg of the odyssey was the bus from Udonthani to Nong Khai. The bus was a relic from the past. One hinge of the door was a leather strap. The interior of the door had been replaced with galvanized sheet metal. The floor was wood - well aged and worn. The bus did have air conditioning. We waited and waited on the bus to get started. Duang told me why we had waited. The fare was 80 baht ($2.42) for both us. With the rest of the passengers, the driver had collected 360 baht - not enough to cover fuel for the trip. I believe this because on the way, we stopped at a fuel station and the driver bought 360 baht. On our way back, we found him at the Nong Khai bus stop and he was still COMPLAINING to his buddies about not having fuel to get back to Udonthani. It is now Wednesday morning here and for all I know he could still be in Nong Khai - COMPLAINING but in the Thai way - with a smile on his face. Anyhow getting back to the voyage to Nong Khai - the bus was so old that the driver had difficulty shifting gears. I don't know if it was because he was trying to save fuel, or because we stopped for just about everyone standing along the road, or he didn't know how to drive a standard transmission, or the physical limitations of the bus but I don't think that we ever got out of 3rd gear. We did pick up four more passengers and dropped off three along the way so I was more confident that we would arive in Nong Khai - eventually. It was a very time consuming trip.

The next leg was another somlaw trip from alongside the road in Nong Khai to a more central "bus station" and then finally to Thai Immigration.

Obtaining the Re-entry Permit was fairly straight forward but time consuming. I did not see a computer in the office. I did see carbon paper being utilized. The end result is my passport got stamped 6 times and signed once - I can now leave and reenter Thailand any number of times for the next year. Prior to leaving, I had to sign a large and thick journal that logged in the info concerning my Re-Entry Permit.

We took another somlaw to the market, walked the market area, and had a very nice lunch along the Mekong River. As we ate we could look over the river into Laos. The Mekong is running high and very fast with all the rain that has been happening lately.

We repeated all the aforementioned steps to get back to our hotel in Udon. Fortunately the bus was newer and was 80% full so shifting and fuel were not issues.

We left Udon at 10:30 AM, had one hour for lunch, and arrived back at 5:00 PM. Sometimes you wonder why time passes so quickly here - this is how it passed on one day.On those days that I do not have any adventures to report, I will be writing about some of the things that make Thailand and Southeast Asia so special. Topics will be Hill Tribe people, landmarks, Buddhism, Isaan, culture and customs.