Dear Customers :
President Bush recently signed into law the "International
Marriage Broker Regulation Act of 2005". This
law was attached to the Violence Against Women and
Department of Justice Reauthorization Act of 2005
up for renewal (passed by the House and Senate) No
public hearings were conducted, nor any witnesses
questioned. There was no statistical evidence submitted
regarding International marriages, subsequent divorces
or incidences of domestic violence. In fact, all informal
studies suggest that intercultural couples enjoy a
divorce rate percentage a much smaller than the national
domestic rate of 50%. More discussion will certainly
result form this as individuals learn of this law’s
enactment.
For the text of the final version of this new law,
see this link (go to subtitle D): http://usaimmigrationattorney.com/images/IMBRA2005.pdf
WHAT IS THIS NEW LAW? WHAT DROVE IT?
Based on a very few unfortunate cases around the
country of a foreign lady spouse who became a victim
of domestic abuse, Congress passed a law to, understandably,
offer some protection for these immigrant women. The
law was passed as part of the passage of the Violence
Against Women Act Reauthorization of 2005.
The new law is called the "International Marriage
Broker Regulation Act of 2005". It requires all
U.S. gentlemen who petition for a fiancee or spousal
visa to provide more personal background information
to Immigration Service and the State Department than
ever before. It creates more restrictions in the process
such the number of fiancee or spousal petitions one
can file, and how quickly a gentleman can file some
visa petitions.
The law also requires a U.S. gentleman who wishes
to meet his future fiancee or spouse through an "International
Marriage Broker " to first submit extensive personal
background information to the broker agency. The broker
must then share that information with a future lady
fiancee or spouse who must consent before the couple
can start a communication and relationship.
WHY IS THIS LAW IMPORTANT? WHAT DOES IT MEAN FOR
ME?
| For the foreign ladies, the law is important
because it tries to protect immigrant women by
allowing them to review a potential gentleman
suitor's background before starting a relationship.
For the gentlemen, it means that they must be
prepared to forego some privacy and offer some
extensive background data. Perhaps, the best way
to view this law is simply to acknowledge the
obvious: in the long run, full disclosure is the
best "relationship" policy. |
WHAT EXACTLY ARE SOME OF THE PROVISIONS? |
Some highlights of the new law:
1. NEW PETITION FORMS: New I-129F
Fiancee and Spousal Visa petitions will require that
the petitioner provide information on his criminal
convictions for specified crimes, including violent
offenses, domestic abuse and sexual assault.
2. LIMIT ON NUMBER OF PETITIONS:
Some petitioners will need to wait before they can
successfully file for a fiancee visa. For example,
if you filed two (2) or more fiancee visa petitions
in the past, and at least one of them was approved,
you must wait two (2) years from the filing date of
the last approved petition before you can be successfully
approved for another fiancee visa petition. (Exception:
Under some circumstances, a petitioner may be able
to obtain a "waiver".)
3. MULTIPLE VISA PETITION DATABASE: Any
person approved for a second visa petition or filing
a third visa petition will be notified by Immigration
that their case has been put into a special visa petition
database which will track multiple petition filers
and help identify those who might be abusing the system.
4. DOMESTIC VIOLENCE PAMPHLET BROCHURE:
Homeland Security will develop and make available
on USCIS, State Department and Embassy websites a
domestic violence pamphlet brochure in 14 languages
and revised every 2 years which discusses the visa
process, adjustment of status, conditional residency,
marriage and visa fraud, domestic violence abuse rights,
where and how to get help and other warnings and notifications.
5. CONSULAR INTERVIEW: The Consular
Officer at interview will provide the visa applicant
with a copy of the fiancee or spousal petition, and
information and documents in her native language on
any past marital and divorce history, past criminal
history and past domestic violence history of the
petitioner. The Consular Officer will also answer
any questions about the domestic violence pamphlet
brochure. The Consular Officer will also ask the visa
applicant if the relationship was facilitated by an
International Marriage Broker and , if so, confirm
that the broker provided the applicant with information
or documents about the petitioner's background.
| 6. REGULATION OF INTERNATIONAL
MARRIAGE BROKERS (IMBs): IMBs are required
to check the National Sex Offender public registry
and state public registry for each U.S. client,
and to gather mandatory background information
and documents on the U.S. client's past criminal
history, including prostitution offenses, past
domestic violence history, past marital and divorce
history , past visa petition history, ages of
any children under age 18, and all states and
countries where the U.S. client lived since age
18. IMBs must then provide that information to
the foreign client lady in her native language
and secure a signed, written consent from her
before releasing her personal contact information
to the U.S. client. |
WHEN DOES THE LAW GO INTO EFFECT? WHAT SHOULD I
DO?
| Most of the new law's provisions go into effect
in sixty (60) days after date of enactment, which
is early March 2006. The bottom line for gentlemen
and foreign ladies with an international romance
and courtship is, if possible, to finalize their
engagement and file their visa petitions as soon
as possible. |
WHAT IF I DISAGREE WITH THIS LAW? HOW DO I COMPLAIN
ABOUT IT?
| Many gentlemen value their rights of privacy.
Many men feel that the law might unduly impinge
on their rights of free speech and free association
as U.S. citizens. Perhaps, the law may also intrude
on equal protection rights of U.S. citizens who
are required to provide extensive background data
for foreign romances but not for domestic dating.
If you wish to register and voice your concerns
and complaints about this law, please contact
your federal Senator or local Congressman's office. |
SEE THIS LINK "CONTACTING THE CONGRESS"
http://www.visi.com/juan/congress/
WHAT NEXT?
Needless to say, this new law mandates a significant
change in the way the fiancee and spousal visa process
will take place. It poses new challenges to brokers,
U.S. clients and foreign clients alike in the international
romance field. In the coming weeks and months, we
will together monitor and follow the roll-out of this
new law.
USA Immigration Attorney Association
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