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.

Unplanned Pleasures - Ones to be shared

Fishing the Flood Plain Outside of Kumphawapi

Here in Isaan we are still in the midst of our Rainy Season.  However as we progress towards the conclusion of the Rainy Season, the weather is giving us tantalizing hints that the end is at hand.  No the end that I am referring to is not dramatic like the Discovery Channel's obsession with the imminent end of the Earth or at least the end of civilization perhaps even mankind as we know it.  I am referring to the end of this year's rainy Season.

We have rain just about everyday but it is much more localized and does not last too long.  Thunder showers are more infrequent.  Our daily high temperatures have cooled down somewhat. A typical high for a day is now around 30C (86F) rather than 36C (97F).  The lowlands are now flooded.  The rice paddies have been submerged for a couple of months and the new crops of rice are thriving.

With the rice crops planted, field activities have diminished a great deal.  There are some stalls along the road selling boiled peanuts and boiled corn on the cob.  The main harvests are a good three months away.  Farmers are still tending to their "free range" cattle and their water buffaloes.  No matter what time of the year here in Isaan you have to remain vigilant for livestock on the roads.  Cattle freely graze on fallow fields and walk along the road grazing on the lush vegetation that is thriving along the road shoulders. The cattle are typically tended by a single cattle herder.  The herds of 5 to typically no more than 15 head are escorted by a cattleherd carrying a long switch.  They leave their village around 7:00 A.M. and return back to their village around 3:30 P.M. In between they wander in search of food.  Some of the cattle have a long rope strung through their nostrils that trails behind them as they lumber along or cross a road.  I am not too worried about hitting an animal but I am concerned about causing them a sprained neck or whiplash if I were to run over their leash as they were moving out of the way.

Yesterday morning we set out early for Kumphawapi to take Peelawat home from the hospital.  There is some kind of a sickness hitting the small children in the villages.  I suspect that it is either a flu or perhaps Dengue Fever.  Peelawat the previous day had been running a fever and had a couple seizures - very frightening but typical for fevers in small children and typical for Duang's family.  He went to the clinic and they sent him to the hospital.  We visited him that evening and he was on a IV drip and anxious to leave the hospital.  He knew where the stairway was that led to the ground floor and parking lot.  He kept pointing in that direction and indicating that he wanted to go.  Duang diverted his attention somewhat by talking about monkeys and told him that when he got better we would take him to see the monkeys.

Our early morning departure was delayed for about 10 minutes due to Police activity.  From the man that we buy our floral offerings to hang from our truck's rear view mirror we learned that the King's granddaughter was traveling in our area.  When a member of the Royal Family travels by road, Police will close down the road to all traffic except for the Royal motorcade.  The Royal Motorcade is made up of several cars containing government and military officials, several vans of attendants, several Police escort vehicles, and two to three SUVs or vans of the Royal party along with an ambulance.  The motorcade speeds along a very high rate so I am not sure if the roving road closure is for their safety or the public's safety.

Peelawat Purchases Some Peanuts to Feed His Monkey Friends

Peelawat was discharged from the hospital with some medicines to take.  Duang and I kept our word and took him into the center of town to visit the monkeys.  It was a very overcast day with an imminent threat of rain after some heavy rains the night before.  This seemed to reduce the number of monkeys in the park but their were plenty enough for Peelawat to get his monkey fix.

Peelawat Tosses Some Peanuts to a Monkey Friend

After putting some distance between ourselves and a large monkey that we had been warned had bitten a small child, we spent some time observing the smaller friendlier monkeys.  Peelawat has become very adept at spotting them and pointing them out.  He later got excited about a couple of very large and colorful butterflies.  He kept pointing them out to me so I could take their picture.  As I was photographing the butterflies, we received a big surprise - a young elephant came walking by with three mahouts.  I was thrilled.  Peelawat was not very happy at all.  I bought some small pieces of sugar cane to feed the elephant but Peelawat wanted nothing to do with it.  Although it was a young elephant, it was the largest animal Peelawat had ever seen or apparently ever wanted to see.  He remained in the comfort of his grandmother's arms and did not take his eyes off of the animal until it was long out of sight.  Even then Peelawat would remind me by pointing where he last saw the elephant and it was obvious that he was not asking to go there.

Young Elephant Performs In Appreciation For Some Sugar Cane

Peelawat Keeps His Eyes On the Elephant

Chang and Mahouts Leaving - Much to Peelawat's Relief

To take Peelawat's mind off of the "chang" (elephant), we introduced him to the slide.  After overcoming some technical misunderstandings as to how to properly use a slide, Peelawat enjoyed going down the slide as long as Grandfather had his arm around him as he slid down the slide.  I suspect that the slide and monkey bars will become another reason to visit the park in Kumphawapi.

Peelawat Trying To Figure Out How to Use A Slide On His Own

I returned Peelawat to his Mother back at the hospital and returned home alone.  Duang was going to babysit Peelawat while here daughter worked at a local market.  The one hour trip back to our home took about three hours to complete.  I was carrying my backpack of camera gear and came upon some interesting sights along the way home.  You should always be prepared for the unexpected here in Isaan.  Daily activities have migrated from the fields to the flood plains of Isaan.  With the rice crops in the paddies, a man's and a woman's fancy turns to .... FISHING.  During this late stage of the rainy season the Mekong River is flowing very heavily which causes the many rivers and stream that empty into it to back up.  This in combination with the almost daily rains over the past three months has submersed the floodplains.  During the dry season, you will drive past bamboo fishing stands that are two meters above the ground.  Those same stands are now about 1/2 meter or less above the water.

Fisherwomen Of the Flood Plain Alongside the Road In Isaan

The local people set about fishing using drop nets.  I have written about these in previous blogs but I am still fascinated by the effort and techniques the people use to catch fish.  Yesterday was no exception.  I spotted a location where several "fisherwomen" had set up along side a highway bridge over the flood plain outside of Kumphawapi.  I pulled the truck over onto the side of the road and placed my backpack on my shoulder.  At first the fisherwomen were curious about a foreigner stopping along the road and walking along the bridge.  I said hello and asked if they were happy.  I asked if there were a lot of fish and proceeded to pull out my camera.  My limited Thai and Lao vocabulary broke the ice quite easily.  Their curiosity quickly turned to amusement that someone would be interested as well as would take the time to photograph them.

Yes There Also Are Some Fishermen In Isaan

Across from the fisherwomen was a fisherman and a fisherwomen, perhaps his wife, fishing a different section of the flood plain.  When I first started to take their picture I released that he was answering a call.  No it wasn't a call from his cell phone but a call from nature.  He noticed me and I yelled out in Thai that I wanted to take pictures of fish and not his @#6&.  He smiled and the fisherwomen all laughed like crazy.  Now that all the ice was broken I was set to enjoy two hours of photography and they didn't feel threatened or intimidated. They could relax, be themselves and go about their business which is exactly what I wanted to photograph.  As is often the goal here in Isaan "Good for you. Good for me"

The Best Fisherwoman And Her Catch

The people were catching tadpole sized fish in their dip nets without using any bait or lures.  I showed my wife these pictures and she knew exactly what they were catching - "Bahtou".  I asked if they were used to make Nam Pahla (fermented fish sauce - with the emphasis on FERMENTED FISH).  Duang said No that the people ate the fish.  This was an eye opener to me.  Back in the USA these fish would be considered too small to even use as bait but here they were a highly sort after source of protein.

Just as when I used to go fishing with my grandfather, one fisherwomen seemed to dominate in catching the fish.  We could switch sides of the boat.  We could swap fishing equipment.  We could swap baits or lures.  It all made no difference he always seemed to catch more and the biggest fish.  The best fisherwoman was in the middle of the row of the fisherwomen.  She dropped her net into the water just as the other women.  She used no lures or bait just like every one else.  She waited about 5 minutes like the others did prior to pulling up her net.  Whereas the others might catch 3 fish occasionally, she typically caught 4 to 6.  Her hand made nylon creel was filled with tiny fish demonstrating her prowess.

A Lao Loum Farmer Cutting Vegetation On the Flood Plain

Lao Loum Man Clearing Portion of Flood Plain

I crossed the road and watched a man up to his neck in the water.  he was using a sickle on the end of a long bamboo pole to cut the vegetation.  I had seen people in Isaan doing this alongside the road to harvest food for their cattle or pigs.  I had watched people in China do this to obtain food for their water buffalo.  I asked the man if the plants were food for his water buffalo. He indicated to me that he was clearing the vegetation in order to create channel and space for fish that he could catch with a drop net from his close by fishing stand.  He had finished his cutting for the day so he climbed out of the water up to the road level where I was at.  Prior to climbing up from the water level, he was very meticulous about washing the mud off of his clothing and bare feet.  He was wearing a typical knit pullover polo shirt and thin trousers.  When he came up to my level I noticed that he also had tight elastic bands of recycled tire inner tubes around his ankles and around his waist.  He proceeded to check around and under these straps very carefully when it occurred to me that he was looking to see if he had any leeches on him.  I asked him if and more importantly pantomimed if he was looking for leeches.  He affirmed and showed me some scars on his arms that he attributed to leeches.  I am not aware of leeches leaving a scar, so I suspect that the leech incisions had become infected or that it might have been another parasite such as flukes that he had encountered.  I checked the back of his neck and down his back underneath his shirt to ensure he was OK this time.  I left it up to him to check any other places under his clothing for unwanted critters.  It was time to check out some people fishing closer to town.  Rather than going back to the truck and driving down, I decided to walk.  Talk about being a fish out of water.  There were many people who drove by on all types of vehicles surprised to see a foreigner walking along a main road with a backpack on.  Fortunately there is no ordinance against WWW (Walking While White) so I was not stopped by the policemen that drove past me.

Old Mamma Preparing To Chew Some Betel Nut

I later returned to the fisherwomen near my truck and one of the older women was taking a break.  As she sat on her fishing stand her clothing wet from her fishing efforts, she had opened up her handbag of goodies and was preparing to chew some betel nut.  Betel nut chewing is similar to chewing tobacco and just as disgusting to me.  The process of preparing to chew betel nut is quite involved - taking a leaf, putting what appears to some dry wood chips on it, putting a clump of lime (the chemical powder not the fruit) on the leaf, cutting a piece of betel nut and pounding it to bits with a brass mortar and pestle, adding it to the leaf and wrapping it into a package before placing it in your mouth.  I yelled down to the woman in Lao if it tasted good.  I then told her that she should use the ensuing spittle as bait for the fish.  At first she misunderstood me and was preparing to share her stash with me.  I quickly corrected her and got her to understand that I thought she should use the bright red spit from chewing to attract fish to her net.  She laughed like crazy.  Soon all the fisherwomen were laughing.  The joke was so good or perhaps I was so funny that they yelled over to the fisherman to tell him.  I thought that this would be a good time to break away and finish my journey back home.

Seven Fish To Be Added to the Creel

It had been a day of unplanned activities that ended up providing some pleasant experiences.  I was fortunate to once again participate in Peelawat's personal development - even though he did not appreciate the elephant.  I was also fortunate to once again observe some of the unique aspects of life here in Isaan.  These are the pleasures that come from unplanned and unexpected activities.

A Lesson Taught A Long Time Ago

First Notes of "Civics" Class - Sept 5, 6 1963

Recently on Facebook, friends of mine started to reminisce about the years that we spent together back in the early 1960s at West Side Junior High School in Groton, Connecticut.  Their posts and some of their photos caused me to review a special binder that I have kept over the past 47 years - my class notes from Mr Dander's 9th grade "Civics" class 1963 to 1964.  "Civics" as defined by Merriam-Webster Online Dictionary is "A social science dealing with the rights and duties of citizens"

Strangely enough, yesterday when I reviewed the binder it was exactly 47 years to the day of our first class with Mr. Dander.

I was struck by some points from the first classes with Mr. Dander.  The first was:

"Have and keep an objective mind (see the good and bad of a person)"  As some of were to say later in that decade "Wow man that is heavy!"  How many of us fail to see both sides of a person?  Isn't it so much easier and comfortable to only see the "good" or only the "bad" of a person?  However being easier and perhaps more comfortable does not necessarily mean accurate or truthful.  However seeing the "good" as well as the "bad" in a person makes giving them a label much more difficult.  Labelling is the sanctuary and refuge of the intellectually lazy.  A label most often does not fully account for the complexities and nuances of a person's experiences, actions, personality, or beliefs.  A label confines a person to a narrow definition which makes judgement very easy.  A label encourages all the abuses that prejudice can justify in one's mind.  How many labels are being tossed around so casually today?  Racist, Terrorist, Socialist, Radical, Liberal, Conservative, Marxist, Progressive ... How are these labels making it more difficult to compromise and to have a reasonable discussion of real issues, and the finding of "common ground"?

When I am asked about who are my heroes I respond "There are people that I admire. There are people that I respect. What is a hero? To make someone a hero is to give them a free pass. People should not have free passes. Each and every day we need to prove ourselves, and to be judged on what we did or did not do that day."  I believe this and now wonder if this class planted the seed or was it a compilation of disappoints in people over the years?

The second point from the first class notes, is "Base all your statements on fact not prejudice" Prejudice, according to Random House American Dictionary, is "opinion formed without specific evidence"  So we are all guilty at some point of prejudice.  It is not solely a racial philosophy.  We can be prejudice "for" or "against" anything or anyone. It is the fact that our opinion is formed without specific evidence.  The other day I read an article on the Internet regarding the alleged enslavement of 400 Thai workers in America.  The article went on and stated that are more workers enslaved in America today than at the time of the President Lincoln's Emancipation Proclamation. According to Wikipedia, 4,000,000 slaves were freed at the end of the Civil War.  Are there more than 4,000,000 enslaved workers in America today?  Where did the author of the get a number for "enslaved workers" in America today?  What is the definition for being a "enslaved worker" today?  These questions were not answered in the article.  They should have been.  They need to be. As citizens we should demand that authors and their related organizations be held accountable for the factual basis or lack of factual basis of their statements and opinions.  We should accept no less from ourselves or from those that we agree with.  What is the specific evidence that is the basis for your opinion?

The third point from Mr Dander's class was "We must forget our prejudices".  This goes hand in hand with keeping an objective mind.  If we remain prisoners to our prejudices we are unable to have an objective mind.  Without objective minds cooperating together to resolve common problems is extremely difficult with each person barricading themselves behind the walls of their prejudices, hearing only their own voice, spending their time as well as energy defending their unsubstantiated opinions. Much like what appears to be going on in so many circles today.

These were lessons to be learned a very long time ago.  These lessons were followed by lessons regarding the US Constitution and Connecticut Constitution.  I have long ago forgotten what Article 8 of the Connecticut Constitution (something to do with Yale University) and to be frank it has not had any impact on me in the ensuing 47 years.

 However, I have never forgotten the concepts of  "Have and keep an objective mind (see the good and bad of a person)", "Base all your statements on fact not prejudice", and "We must forget our prejudices".  These concepts have served me well and I suspect that I am not the sole beneficiary of these precepts.  These were lessons learned a long time ago but just as important to be learned today.

Mr Dander was not necessarily one of my favorite teachers but even after 47 years his impact on students, at least me, is evident and undeniable.  Teaching is much more than getting students to memorize a series of events and dates.  The true impact of teaching is instructing students on how to think rather than what to think and exposing students to different concepts so that they may formulate their own opinions based upon evidence.  Mr Dander did a fine job so many years ago.

It is astounding to contemplate how many lives a good teacher can impact.  It is frightening to contemplate how many lives a poor teacher can impact.

In those days there was a campaign for CARE - "Give a man a fish and he will eat for the day.  Teach a man to fish and he will eat for a lifetime".  The saying actually goes back many hundreds of years to Confucius.  So it is with teachers - They can teach us facts and dates in order that we can succeed on an exam.  They can teach us how to think for ourselves and expose us to themes as well as concepts in order that we may succeed and contribute in life.

It is to good teachers that we all owe our thanks and appreciation - for lessons taught.

The Boy Who Dances For Monkeys

Peelawat and the Monkeys of Kumphawapi

Our 18 month old grandson, Peelawat, has been doubly fortunate recently.  Twice we have taken him to medical clinics to get his scheduled vaccination.  When he was born his parents were given a paper book in which his medical statistics are kept.  In addition the book informs the parents of what shot and vaccinations as well as when they are required.  His height and weight are added and charted on pages in the book.  It appears to be a very effective communication tool for ensuring the health of babies.

Twice the clinics have not had the vaccines so he did not get his shots.  Both times we took advantage of the time as well as location to visit the local wild monkeys.  Peelawat enjoys monkeys perhaps as much as I do.  Whereas he will run from chickens and cats that approach him, he stands his ground and often closes ground with the wild monkeys.

A Typical Private Medical Clinic in Isaan

In Isaan there are government clinics set up in various villages throughout the area.  Poor people can obtain free medical care there by showing a government issued Medical ID Card.  Duang and I once accompanied him to one of these clinics outside of his other grandmother's village outside of Kumphawapi.  It was a great place, it was packed with babies and toddlers.  It was interesting just to sit around and watch the parade of babies and children through the facility.  The rural clinics are more than just a room for medical treatment of the local villagers.  The clinic is a walled or fenced compound with a building for medical treatment, and a building where the doctor and his or her family live.

Freshly Powdered Peelawat Checks Himself Out at a Clinic

Since Peelawat has been staying at his great grandmother's home in Tahsang Village, we took him to a private medical clinic in the nearby town of Kumphawapi.  Medical clinics are staffed by doctors from the local hospital.  The doctors typically are available in their clinics from 9:00 A.M. after their morning hospital rounds until Noon and then again from 5:00 P.M. until 8:00 P.M.  Various clinics specialize in specific groups or conditions.  There are clinics for babies.  There are ear, nose, and throat clinics.  There are OBGYN clinics.  There are fertility clinics.  There are General Practice clinics.  As people identify a need for a doctor, they show up at the appropriate clinic, sign in or grab a number and wait their turn to see the doctor.  So far in almost three years here in Isaan, we have yet to make a scheduled appointment with a doctor - if scheduled appointments are even utilized here.  If the clinic is too busy you are told of another clinic in the area that could help.  A final  resort would be to go to a local hospital to see a doctor.  Local hospitals are usually a last resort because they provide free services to qualified poor people there by increasing waiting times significantly.

Peelawat Weighs Himself and Contemplates the Growth Chart

Peelawat Checks Up On Another Patient At the Clinic

In addition to clinic visits, we also visit the monkeys on our trips to the Amphor visits and market forays in Kumphawapi.  Peelawat always enjoys watching the monkeys.  You can always count on the monkeys to put on a show for your amusement and entertainment.  This expression "More fun than a barrel full of monkeys" is a realistic observation.  Monkeys, especially the young ones, tease and play with each other while hanging from trees.  Monkeys are also very curious and clamber all over parked cars, under trucks, and on motorbikes to look for food or to just check things out.  Peelawat has now become a very accomplished monkey spotter.  He will constantly point them out to me and say "Ling, Ling ..." (Monkey, Monkey)

Happiness Is Being Amongst Friends

Besides getting excited when he sees monkeys, Peelawat will also breakout into a dance.  I am not sure if it is an expression of joy or is meant to entertain the monkeys.  Whatever his motivation, I find it amusing.

Peelawat Busts A Move for the Monkeys

Another "Monkey Greeting Dance" Move

Four Monkeys In the Park

In the central park of Kumphawapi you can purchase food, peanuts, to feed the monkeys.  Peelwat likes to get in the middle of the monkey feeding frenzies that frequently occur as people throw out food for them.  Peelawat is not intimidated but Yai Duang, Grandmother Duang, can only bear to watch for a short period of time before she races in to "rescue" him despite his protests.  Peelawat and Tah Allen, Grandfather Allen, then both get a lecture regarding not getting too close to monkeys.

Yai (Grandmother) Duang to the Rescue

Life here in Isaan can be different but is usually entertaining and interesting.  With a boy who dances for monkeys, I eagerly anticipate our next visit together with the monkeys of Kumphawapi.

As She Sews, So Shall She Wear ... "As ye sow, So ye shall reap"

Silk Blouses That Duang Has Made

Lined Lace Skirt That Duang Created

Today was another unsettled day here in Isaan - periods of sun and periods of rain - definitely not conducive to outdoor photography.  We have been having these types of days for about two months.  It is definitely the rainy season.

Fortunately Duang and I mange to keep busy with indoor activities during these rainy days.  I am always busy with editing, and  cataloging photographs as well as writing these blogs.  Duang is busy next to me, sewing clothes.  Many years ago she was instructed to be a seamstress by a representative of the Royal government. To assist the poor women of Thailand the King had instituted a program to teach peasant women different skills to help them earn a living other than working in the fields.  Thailand is a republic but the Royal Family has a great deal of influence and is involved in many programs to assist and benefit the common people.

I have read on the Internet and seen on cable television that many children back in the USA have started a new school year.  Duang's almost daily sewing efforts and these news items reminded me of the old days when I was a boy in elementary school.  It was in a time before "designer label clothing".  If there were to be some one's name emblazoned on our clothing, it would be our own and would be viewed as a poor reflection upon our ability to know which clothes were are own. There were no fashionable athletic shoes either - the closest that we came to fancy footwear were canvas high top sneakers.  My clothes - corduroy pants and long sleeve cotton shirts were ordered from Sears catalogue.  My sister went to school wearing new cotton dresses that my mother sewed during the months of July and August.  In July we would go and look at catalogues of the latest style of women and girl's clothing.  Together my mother and sister would agree upon a style.  Each style referred to a catalog number for a precut pattern.  Based upon my sister's measurements, my mother pulled the correct pattern from a large file cabinet in the store.  They next selected the cloth and accessories such as buttons and zippers.  It was a sure sign that summer was coming to an end when we made our yearly pilgrimage to the fabric store.

Last October, Duang asked for a sewing machine for her birthday.  I knew that she had worked for two years at a garment factory in Brunei sewing clothes but I had no idea at how skillful she actually was.  I have written about her sewing efforts before, but I remain impressed. 

Duang Modeling One of Her Outfits

Duang Modeling Her Skirt and Blouse

Duang In Blue

Buoyed by her sewing results of the past year, Duang has ventured into some more challenging projects.  She has successfully made lined tailored silk blouses, trousers, semi formal blouse and skirt outfits, and started to do some work for people outside of the family.  Recently she purchased some books that are just a collection of photos of people wearing different styles of clothing.  These are the same types of books that you can find at tailor shops in the larger cities.  Duang just as the other tailors and seamstresses can produce a garment based upon a client's measurements and referring to a selected photograph.

Drafting A Paper Pattern

I have yet to see a commercial pattern for clothing here in Isaan or in the other parts of Thailand that we have visited.  After selecting the style and fabric that she wants to use, Duang drafts a pattern on paper using exact measurements of her model.  After drafting the pattern on the paper using steel rulers and steel curves along with a pencil, she cuts the shapes out of the paper.  The various properly sized sections for the garment are then pinned to the fabric.

Pinning the Paper Pattern to the Fabric

After the various pieces of the pattern have been pinned and checked, the cloth is cut in accordance to the edges of the paper pattern.  Duang's activity then relocates from our tile floor to her sewing machines.

Preparing to Sew A New Pair of Slacks

Silk Skirt With Typical Lao Loum Pattern

Here in Isaan as well as in neighboring Lao People's Democratic Republic fabric to make clothing is quite affordable to purchase.  As an added bonus, in my opinion, is the unique cultural aspects of the fabrics and their patterns. Patterns and color schemes are unlike those that are readily available back in the USA and Europe.  On our many trips out into the countryside here in Isaan as well as our journeys to Laos we have come upon many villagers producing their own unique textiles from cotton as well as silk.  In addition to buying the fabrics directly from the weavers, you can also visit some nearby factories and purchase a wide variety of cotton as well as silk fabrics for a very good price.

On a couple occasions, I have given Duang $30 USD for her sewing needs.  She has returned with fabrics to sew three different outfits, six zippers color coordinated with the fabrics and two spools of thread.  This was all from shopping in downtown Udonthani in the "garment district".  Shopping out of town with the village handcrafters, shopping in Laos, or at the distributor's outlets would be even more economical.

All these facts got me to thinking.  It got me to thinking about starting a small business in the USA when Duang gets her Immigration Visa.  I assumed that it would not be too difficult to set up a home business where she could make custom outfits pretty much like the ones that she has been sewing here in Isaan for herself.  I know that there will have to be a city business licence, insurance, tax number, federal tax ID, state tax ID, and other bureaucratic requirements that would require research. I felt that we could export fabrics purchased both here in Isaan and in Laos and import them into the USA.  At first I anticipated shipments valued at around $2,000 USD each.  This would be a minor investment but sufficient to provide a variety of choices for potential clients back in the USA.  Duang and I would source and purchase goods on our return trips to Southeast Asia.  I figured that we could use the services of federal Express or DHL to transport the goods from Asia to the USA.  The more that I thought about it the more excited that I became about it.  I discussed it with Duang and she became excited at the possibilities too.  I then set about doing Internet research as to the particulars of importing textiles into the USA.

In a recent blog I admitted to being an optimist as well as an idealist.  I remain that way even to this day despite the experience that I am about to share regarding importing textile to the USA- what I had assumed to be a fairly simple task especially looking at a value of of $2,000 USD and around 50 pounds a shipment with perhaps two shipments a year.  I expected that there would be forms to fill out identifying the exporter, the receiver in the USA, a description of the goods being shipped, and a declared value.  Based upon the type of goods i.e. cotton cloth, silk cloth, ... I expected that an import duty would be imposed based upon value, quantity, or weight of the goods with the import duty calculated ranging from 3% to 12% of the shipment value.  I anticipated that it would be fairly straight forward as well as simple.  As one of my former bosses always questioned me .. "Is the juice worth the squeeze?"  For 50 pounds of cloth and $2,000 value, I assumed that the USA desire to gain revenue by levying import fees would be a simple process - in other words, the juice would not require much squeeze.

One of my friends recently wrote the comment ... "Is anything in life as simple or as easy as we assume or expect that it should be?"

I responded "I know. I know. But I am an optimist and worse yet - an idealist."

Most people see things the way that they are and don't ask "Why?" I dream of things the way that they should be and ask "What the @#$% - Why not?" I make no apologies to Robert F. Kennedy or more correctly to George Bernard Shaw for hijacking the sense of his saying and "making it my own".

Well I got a good start over the Internet.  I learned about brokers and the services that they provide.  I learned that some brokers charge around $450 for a shipment similar to what I contemplated that we would be making.

I came upon a US Government pdf file that had been identified as being very helpful for learning how to import goods into the USA.  I believed that I was well on my way to understanding and more importantly learning how to handle the process myself.  After all I was getting the information directly from the horse's mouth - well it might have been the horse but I wasn't getting it from the mouth!
The document was entitled "Harmonized Tariff Schedule of the United States (2010) (Rev 1)"  I waded through it and determined that I needed to reference Chapter 52 "Cotton 1/".  Well it turned out that the Chapter dealing with cotton fabric is 58 pages long.  Much of the chapter deals with defining or trying to define what cotton fabric is.  There are designations based upon the number of yarns used to weave the fabric, there are designations related to the weight of the fabric, definitions and distinctions made based upon the length of fibers, and whether they are combed or not as well as how they are spun.  There are distinctions for poplins, cheesecloth, denim, oxford, printcloth, voiles, batistes, lawns, sateens, and so on with many different tariffs based upon the various permutations and combinations of the distinctions.  To make it all more complicated and confusing is that certain countries of origin are exempt from tariffs while others have a quota on some of the various fabrics that can imported into the USA.  There was some good news, I think,  related to cotton fabrics.  Cotton fabric from hand looms are exempt or have a lower tariff imposed upon them.  The bad news - the hand looms have to be certified by the government of their country of origin.  For Duang and I, this would mean that the cottages where we intend to purchase their home spun fabric would have to have been visited, inspected, and certified by either the Thai or Lao government as appropriate for the cottage's location.  Having visited many of these locations, I am convinced that this has not happened or will it happen.  Although the home handicrafters were not located in the "land of the free", the governments leave them alone - alone to make a living unencumbered and free from interference.

Somewhat taken aback by the complexities of importing cotton textiles, I focused on silk fabrics.  Chapter 50 of the Harmonized Tariff addresses Silk.  Chapter 50 is 3 pages long, and I suppose by mere length is not as complicated or convoluted as the Chapter 52 for cotton.  However there is a complexity in that there are distinctions as well as definitions that are to be used to come up with a 10 digit code for the item that you intend to import.  In addition to generating revenue from import duties, the Harmonized Tariff is utilized to generate statistical data related to the goods imported to the USA.  In general there is no or small tariff for importing silk to the USA obviously recognizing that there is no native US silk industry.  However all the definitions and distinctions for little if for no tariff is definitely a lot of squeeze for very little juice.

To import fabric into the USA, you have to identify the country of origin for the fabric, define the 10 digit designator for the fabric, identify the composition of the fabric, identify the type and process used to produce the fabric.  This is complicated but the US government is there to help you.  You can take samples of your goods and send it to the government for a determination of the 10 digit code that applies.

I am enclosing a copy of an actual ruling from the US government - as some people are fond of saying "It's complicated"

APR 24 1991

CLA-2-52:S:N:N3H:352 861275

CATEGORY: CLASSIFICATION


TARIFF NO: 5208.42.1000; 5513.39.0090; 5515.19.0005



Mr. Pete Heimlich

Global Village Imports
1101 SW Washington #140
Portland, OR 97205-2313

RE: The tariff classification of hand-loomed fabrics from Thailand.

Dear Mr. Heimlich:

In your letter dated February 11, 1991, resubmitted on March 11, 1991, you requested a tariff classification ruling.

You submitted three samples of hand-loomed fabrics identified as items A, B & C. Based on the information provided and laboratory analysis, sample A is composed of 100% cotton, and is constructed of yarns of differen colors. It contains 16.5 single yarns per centimeter in the warp and 17.5 single yarns per centimeter in the filling. This merrchandise is plain woven and weighs 170.3 g/m2. The average yarn number is calculated to be 20 in the metric system.

Sample B is a hand-loomed fabric that is constructed with yarns of different colors. It is composed of 24.4% cotton, 33.1% staple acrylic, 29.4% staple polyester and 13.1% staple rayon. This product contains 37.8 single yarns per centimeter in the warp and 39.4 single yarns per centimeter in the filling. It is woven with a complex weave and weighs 141.5 g/m2. The average yarn number is calculated to be 54 in the metric system.

Sample C is a hand-loomed, yarn dyed fabric composed of 15.1% cotton, 36.4% staple polyester, 17% staple rayon and 31.5% silk. This fabric is woven with a complex weave and weighs 164.5 g/m2. It contains 37.8 single yarns per centimeter in the warp and 36.8 single yarns per centimeter in the filling. The average yarn number is calculated to be 45 in the metric system.

The applicable subheading for the hand-loomed fabric identified as sample A, will be 5208.42.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2, of yarns of different colors, plain weave, weighing more than 100 g/m2, certified hand- loomed fabrics. The rate of duty will be 6 percent ad valorem.


Classification of Item A in subheading 5208.42.1000, HTS, is predicated on certification, prior to export, by an official of a government agency of the country where the fabric is produced, that the fabric is made on a hand loom by a cottage industry.

The applicable subheading for the hand-loomed fabric identified as sample B, will be 5513.39.0090, HTS, which provides for woven fabrics of synthetic staple fibers, containing less than 85 percent by weight of such fibers, mixed mainly or solely with cotton, of a weight not exceeding 170 g/m2, of yarns of different colors, other woven fabrics, other. The rate of duty will be 17 percent ad valorem.

The applicable subheading for the hand-loomed fabric identified as sample C, will be 5515.19.0005, HTS, which provides for other woven fabrics of synthetic staple fibers, of polyester staple fibers, other, of yarns of different colors, except blue denim or jacquard weave. The rate of duty will be 17 percent ad valorem.

The hand-loomed samples, designated as items B & C, fall within textile category designation 218. Based upon international textile trade agreements, products of Thailand are subject to visa requirements.

The U. S. has negotiated a Committee for the Implementation of Textile Agreements (CITA) folklore agreement with Thailand. Shipments of hand-loomed fabric and traditional folklore products of cottage industry are exempt from quota and visa requirements if they are a product of a country with which the U. S. has both a bilateral and a visa agreement which specifically exempts such products, provided the foreign government has issued a proper and correct exempt certification. These agreements only waive the quota and visa requirements. This office is not authorized to rule on the exempt status of merchandise which may be subject to these agreements. If you wish a ruling on the exempt status of items B & C, you may write to:

The United States Customs Service
Office of Trade Operations
Textiles and Metals Branch
1301 Constitution Ave., NW
Washington, D.C. 20229






The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Sincerely,


Jean F. Maguire


Area Director

Reading is believing!  WTF?  Is this the best way to utilize government resources?  Is this the best way to spend taxpayer's money?  Is this the best way to encourage and support small business in America?

Once again it is apparent to me that I have been too optimistic and too idealistic.

Once again I am reminded - Most people see things the way that they are and don't ask "Why?" I dream of things the way that they should be and ask "What the @#$% - Why not?"

Just like our federal tax code has been become a labyrinth of clarifications, list of exceptions, and modifications to ameliorate special interest groups, the Harmonized Tariff Schedule is in need of rewriting in my opinion.  If the purpose of the code and schedule is to generate revenue for the Federal Government they should be written to simplify the calculation of required fees and taxes in order the by typical high school graduates.  Jesus said to his disciples "Render unto Caesar that which is Caesar's".  If I remember my catechism classes he never said "Be sure to hire a good lawyer and a good accountant to determine what is actually and correctly due unto Caesar"  In America today, if Jesus were to walk amongst us, he would have to add this admonishment.

I am stubborn and will continue to dream of the way that things should be and ask "Why not?"