Category Archives: General US Law

DHS Sued For Illegal Visa Delays

On September 28, 2015, several highly-skilled immigrant workers from India and China filed a federal class action lawsuit in the State of Washington against the U.S. Department of State (“DOS”) and U.S. Department of Homeland Security (“DHS”) over revisions to the October 2015 Visa Bulletin (Revised Visa Bulletin) that impacted them adversely. On September 30, an amended complaint was filed in federal court along with an emergency motion for a temporary restraining order, asking the court to order DHS to accept all Adjustment of Status applications that could have been filed under the Original Visa Bulletin published on September 9.

Read the full article at National Law Review.

US immigration attorneys in Thailand Chaninat and Leeds have decades of experience helping Thai nationals obtain the US visas they require.

Visa Processing Problems Continue at National Visa Center

US visa applicants around the world are reporting frustration at online accessibility errors, despite renewed attempts at fixing issues, reports National Law Review.

System problems include an inability to submit visa applications and make online payments.

The US Department of State (DOS) and National Visa Center (NVC) say they have made steps to resolve the problems with the Consular Electronic Application Center. However, at the time of writing applicants continue to report problems.

US visa lawyers in Thailand Chaninat and Leeds are specialists in US visas and USA Immigration for Thai nationals.

For more on this story, and for information about the issues involved in the process, see here.

Thailand Signs Agreement To Assist US In Tax Collection

The Thailand Revenue Department has announced that Thailand and the USA have preliminarily agreed to a tax information sharing agreement.  Pursuant to the agreement the Thai Revenue Department and the US Treasury will be required to share the financial information of both countries including banks, mutual funds and life insurance firms.

Thailand’s provision of information would assist with the US’s collection of information with regard to the enforcement of the Foreign Account Tax Compliance Act (FACTA).

FACTA is a US federal law which requires Americans, including those living abroad to file an annual report to the US Treasury Department, regarding any financial accounts or assets held in foreign countries.

There is no exception in FACTA for American expatriates who reside outside of the USA.  In other words, US expats living abroad must provide a detailed accounting of their financial accounts and assets held in their country of residence (as well as other non-US assets).

Another 80 countries are in talks with the US regarding similar agreements for tax information sharing.

 

 

Court Extends Statute of Limitations Based On Delusions

A mentally ill inmate who suffered from severe delusions has been allowed by the USA 9th Circuit Court additional time to file an appeal reports Courthouse News.

Steven Forbess was convicted of attempted murder, assault, kidnapping and coercion of his former wife, Joanne.

Lawyers on behalf of Forbess explained he believed he had been placed in prison for his own protection from the drug cartel and he would be released when Joanne was apprehended.

After hearing evidence about Forbess’ mental condition and the severe delusions he had been suffering from, the court granted him an exception to the statute of limitations (also known as a “prescription period” to allow him to file an appeal.

Extensions of time limits and exercising discretion around the statue of limitations is dealt with purely on a case by case basis. It is always prudent to ensure therefore that cases and appeals are filed in the correct time rather than believing an extension of time will be granted in each case.

Read the full report here

US Can Block Visas For Espionage Suspects

A new act, recently passed by the U.S. Congress has given the US Government the power to block visas. It is thought the premise behind the Act is to block Hamid Aboutalebi, Iran’s newly appointed ambassador to the UN, from entering the United States reports CCTV English.

CCTV reports that the US is defending its decision for reasons of espionage and terrorism.

Iran has announced its decision to sue the US over the new law. The Islamic republic also said it has a number of options to take against Washington’s move.

Read the full story here

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