Tag Archives: immigration

Human Rights Watch Urges Thailand: Do Not Send Uighurs To China

Photo: tayloranddayumi

Photo: tayloranddayumi

Human Rights Watch   has urged  the Thai government not to deport 112 ethnic Uighurs to China.  The group of Uighurs were recently detained in Sa Kaew province near the Thai-Cambodia border and they are now in the central Immigration Detention Center in Bangkok.

“Past cases have shown that Uighurs returned to China are always at risk of persecution,” said Brad Adams, Asia director. “Thailand needs to act quickly to ensure that these people are protected and not sent into harm’s way.

In a similar scenario in 2013, Mulsim Rohingyas were detained in Thailand after fleeing violent clashses in neighbouring Myanmar. This led to the HRW previously warning the Thai government over its treatment of the 1,700 ethnic Rohingya  who were detained under allegedly inhumane conditions in June 2013.

Thailand as a signatory to the International Convention against Torture,  has, along with other nations acceding to the convention, agreed that no one in its custody shall be forcibly sent to a country where there is a risk of being  subjected to persecution, torture, or other serious human rights violations.

Read the full article here

 Related Documents

Treaty between The Kingdom of Thailand and The People’s Republic of China on Extradition

Thailand’s Notable Criminal Extradition Cases

Fugitives in Thailand

Texas Divorce Case Highlights Rare Immigration Clause

No doubt Steve Summers is regretting his decision to apply for US residency for his former spouse, Mexico-born Evangelina Zapata and signing an affidavit vowing to support her so that she would not become a “public charge” as she is now using the very same document against him to claim alimony reports Fox News Latino.

Zapata is asking for her former spouse to agree to support her at 125% of the federal poverty level unless she becomes a U.S. citizen, or works for roughly 10 years in a job through which they pay into the Social Security system, or fails to keep the permanent legal residency status.

US immigration attorneyscommenting on the case have pointed out that millions of other U.S. citizens have signed similar documents, but fail to realize the full implications of what they are agreeing too. Admitedly these documents are often signed and forgotten about, but this case highlights their importance and the future implications they could have.

Read the full story here

Related Documents:

Thailand Divorce Law

Divorce:

Marriage and Divorce in Thailand: When Love Turns Deadly

Thailand Marriage and Divorce: Thai Dream or Foreigner’s Nightmare?

 

 

 

US Visas After DOMA Decision

Last month, the Supreme Court overturned the Defense Against The Marriage Act (DOMA). In the US prior to this, even if the same sex couple lived in a state that recognized gay marriage, they were not entitled to any federal benefits, which meant if their same sex spouse was not a US citizen, they could not petition for a green card visa.

The Supreme Court’s decision is going to change the way matrimonial, divorce and immigration law all operate.

Previously in Thailand, if a same sex couple wanted to petition for a visa, be it marriage or fiance, even if the US petitioner was from a state that recognised gay marriage, they visa would still not be granted as federal law trumped state law.

Thailand US visa lawyer

Chaninat and Leeds specialise in US marriage and fiance visas

This is now no longer the case and theoretically speaking, such couples should now be able to apply for for a fiance or a marriage visa, not least given that Janet Napolitano, the Secretary of Homeland Security issued a statement following the Supreme Court’s decision which said, “President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”

So we do expect to see an influx of these types of cases and applications now in Thailand. Of course whether such applications will be dealt with smoothly is another story, but the DOMA decision is certainly bringing with it interesting developments.

Watch the video here:

Relevant Articles:

Prenuptial Agreements And Same Sex Marriage

DOMA Overturned! Immigration Rights For Same Sex Couples

What Does The End Of DOMA Mean For US Immigration

As thousands took to the streets of the US yesterday to celebrate the news that the Supreme Court had overturned the Defense of Marriage Act (DOMA), many were already starting to speculate on the impact this decision could have on US immigration law.

Many believe that now DOMA has been held unconstitutional and overturned, it is probable that the immigration service (USCIS) will begin approving marriage-based petitions for same-sex spouses.

The impact could be significant for so many people.

For example Nepal native Satyam Barakoti, 36, who lives in Atlanta, discovered the sex of her first baby already on Monday. She has been with her partner for five years. They own a house and run a nonprofit consulting agency, but until the Supreme Court’s decision they were forced to discuss the possibility of moving abroad — to Canada or Thailand as Satyam’s partner could not sponsor her for her green card. Although her child would be a US citizen, sponsor must be 21 years of age or older.

There are of course still no guarantees with what will happen moving forward. We need to see how USCIS starts treating such applications in light of the decision. Furthermore, decision will still depend on the facts and details of each specific case, and in particular on the foreign national spouse’s immigration present status and intentions.

However whilst the devil is of course always in the detail, the fact remains  this is a positive step in allowing the federal government to treat  LGBT families equally by allowing them access to federal benefits and protections.

Related Documents:Thailand Immigration Law

Related Articles: Fed Judge Blocks Georgia Immigration Law

                                          Immigration Law in the News: the Long Line for Citizenship, AZ’s Immigration Law and More

                                          Immigration Program Brings in Numerous Document Requests