IMBRA becomes law...The fun is over (long)

[Gary Bala]

IMBRA (International Marriage Broker Regulation Act of 2005) has become law. It was passed as part of the Re-Authorization of Violence Against Women Act (VAWA) and Justice Dept. Appropriation, this weekend by Congress, working feverishly before the Holiday recess, after a House/Senate deal.

Senate passed it on Voice Vote 12/16/2005, House passed it on Voice Vote 12/17/2005. The law is expected to be signed by the President shortly and given a Public Law number and published in the Federal Register.

Here is Fox News' report on the House/Senate deal and passage of Violence Against Women Act (VAWA) renewal.
(IMBRA was part of the House-Senate deal and passage of VAWA renewal):
http://www.foxnews.com/story/0,2933,179001,00.html

READ THE IMBRA LAW HERE:
Go to: http://thomas.loc.gov
Type in HR 3402,
and click the EAS version.

Go to Title VIII, Subtitle D, "International Marriage Broker Regulation Act of 2005".

HIGHLIGHTS OF THE NEW LAW:
1. New I-129F Fiancee Visa petitions will require the petitioner to provide information on his criminal arrests and convictions for specified crimes, such as domestic violence, sexual offenses, child abuse, stalking, dating violence, human trafficking, slave trade, etc. as well as other felonies such as homicide, rape, kidnapping, violent offenses, etc.

2. Some petitioners will need to wait before they can successfully file for fiancee visa.
For example, IF you filed 2 or more fiancee visa petitions in the past, AND at least one of them was approved, you MUST wait 2 years from the filing date of the last approved petition to successfully file for a new fiancee visa petition.

3. Fiancee and Spousal Visa petition database. DHS will create and maintain a petition database to track multiple visa petitions filed by petitioners, and will notify the petitioner who has been approved for his second petition that his information will be stored in the database.

THE ABOVE PARTS ARE TO GO INTO EFFECT 60 DAYS AFTER ENACTMENT (SIGNATURE BY PRESIDENT)

4. Domestic Violence and Other Information Pamphlet/Brochure, to be developed by DHS and available in 14 foreign languages, and revised every 2 years. The pamphlet will provide information on the K-1 visa process, adjustment of status, conditional residency, marriage and visa fraud penalties, domestic violence abuse rights and where and how to get help, a warning that U.S. citizens with domestic violence and criminal backgrounds can still petition for visas, a notification to the visa applicant that the International Marriage Broker must provide her with background information on each U.S. citizen client, etc.

5. Distribution: The pamphlet will be mailed to the visa applicant as part of her Embassy package. It will also be available at the Consular posts, and on the Embassy websites, State Dept. website and DHS website.

6. Consular Interview: The pamphlet will also be distributed in the applicant's language by the Consular Officer at interview who will answer any questions. The officer will also provide the applicant with: copy of the fiancee visa petition, information and documents on petitioner's past marital and divorce history, past domestic violence and criminal history, and past visa petition history. The officer will also specifically ask the visa applicant if the relationship was facilitated by a International Marriage Broker (IMB), and confirm that the IMB provided her with background information and documents about the petitioner.

DEADLINE: THE PAMPHLET MUST BE COMPLETED AND AVAILABLE 120 DAYS AFTER ENACTMENT (SIGNATURE BY PRESIDENT)

7. REGULATION OF INTERNATIONAL MARRIAGE BROKERS (IMBs)
(The law appears to make this part effective immediately on enactment.)

*IMBs cannot provide any contact information of a foreign national lady under 18 years of age.

*Mandatory Collection of Background Information of U.S. clients
IMBs must search Sex Offender Public Registries (federal and state) for the U.S. client
IMBs must obtain a signed certification (written or electronic) with documentation or attestation regarding the U.S. client's past domestic violence and court restraining orders, criminal background, including felonies and prostitution offenses, past marital and divorce history, past visa petition history, ages of any children under 18 of the U.S. client, all state and countries where the U.S. client lived since age 18.
IMBs, before releasing the personal contact information of the foreign national lady to a specific U.S. client, must provide her with all background information and documents of that U.S. client in her language. IMBs must also obtain a signed written consent from her to release her contact information.

END OF HIGHLIGHTS

Welcome to a brave new world.

PS: Yes, I know that there are many legal questions about this law, potential constitutional challenges, amendments, etc. For now, the law is so new, that most people are just absorbing and assessing the full scope of these provisions. Some people think that this law just hurts the IMBs and the "bad guy" petitioners, but the impact is probably greater than that.
Regards,
GB

[CelticUrge]

... in response to IMBRA becomes law...The fun is over (lon..., posted by Gary Bala on Dec 18, 2005

"Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself."

"No man's life, liberty, or property are safe while the legislature is in session."

Mark Twain (1835-1910)

[stefang]

... in response to IMBRA becomes law...The fun is over (lon..., posted by Gary Bala on Dec 18, 2005

[This message has been edited by stefang]

http://www.msnbc.msn.com/id/10479896/

Read closely her husband was strict. This man would of had to report to a foreign woman that he may be violent since his military background made him strict.

"Two weeks before her husband’s death, Cynthia Sommer paid $16.95 for an Internet dating service, authorities say."  > Well now she wouldn't have to document her past records since this is a domestic case. This is a good case to show discrimination of international dating.

[Bob S]

... in response to IMBRA becomes law...The fun is over (lon..., posted by Gary Bala on Dec 18, 2005

Clever lawyers are already at work looking for ways to nulify this nonsense.  Where's Stephen when you need him?
Why it won't be a problem:
1. This law applies to U.S. agencies.  Foreign owned and operated agencies are not regulated by U.S. law.  So agencies "in country" have a leg to stand on if they fight it.
2. It specifically says "marriage brokers", so what consititutes a "broker"?  The way it is worded, it seems this law will only apply to companies that promise to find you a spouse.  "Introduction" or "dating" agencies that merely provide web space for personal ads and travel assistance can weasel out of the requirements.
3. If the dating police enforcers try to apply it to introduction agencies, the agencies can sue for harrassment and discrimination since it isn't being applied to e-Harmony or Match.com equally.
4. When you sign up at a matchmaking agency, don't you provide a lot of the background information already?  And don't the female clients get to see your bio before they write you just like you get to see theirs?  So in your bio, you will have a line:
Have you ever pimped a ho, peddled flesh, engaged in mass murder, or performed any other crime against humanity that would earn you a Nobel Peace Prize nomination?
Check: __ Yes    __ No
Then the female client initials off that she understands you are not on your way to becoming an international cause celeb.
5. The agency can always coach the girl to say she met her fiancé through an Internet personals site not regulated by this law.

[Gary Bala]

... in response to Where there's a law, there's a loop hole..., posted by Bob S on Dec 20, 2005

[This message has been edited by Gary Bala]

It appears that the legislative process on this law will continue, especially as it concerns "missing" items which could be the subject of amendments.

After the Holiday recess, House/Senate conferees will continue conferencing about "missing" items, which they could not agree to for lack of time, to be put into a "technical corrections" amendment for this law (as well as all the laws they passed or rushed through in the days before the Holiday recess).

Among the potential "missing" items:
1. The exact definition of "International Marriage Broker" (IMB), "domestic violence", "foreign national client" and "United States client"
2. Civil and criminal penalties on the IMB for violations
3. How and by whom findings of violations will be made, and how and by whom the penalties will be enforced
4. Impact-assessment study or anaylsis by Immigration or others to determine if the law is actually working, or if people and IMBs are finding ways to circumvent or get around the law, and recommend changes or modifications accordingly

Under the earlier Senate version of the law, the penalties on the IMB for each violation was:

Not less than $20,000 civil fine, and 1 to 5 years in federal prison

The earlier law version's definition of "International Marriage Broker" was:

International Marriage Broker-

(1) IN GENERAL- The term `international marriage broker' means a corporation, partnership, business, individual, or other legal entity, whether or not organized under any law of the United States, that charges fees for providing dating, matrimonial, matchmaking services, or social referrals between United States clients and foreign national clients by providing personal contact information or otherwise facilitating communication between individuals from these respective groups.

(2) EXCEPTIONS- Such term does not include--

(A) a traditional matchmaking organization of a cultural or religious nature that operates on a nonprofit basis and in compliance with the laws of the countries in which it operates, including the laws of the United States; or

(B) an entity that provides dating services between United States citizens or residents and other individuals who may be aliens, but does not do so as its principal business, and charges comparable rates to all individuals it serves regardless of the gender, country of citizenship, or residence of the individual.

[Ray]

... in response to IMBRA becomes law...The fun is over (lon..., posted by Gary Bala on Dec 18, 2005

How is knowledge of the following information about the U.S. client going to protect the prospective foreign spouse from violence?

1. Ages of children under 18
2. Past visa petition history
3. Past marital and divorce history
4. All countries where he lived since age 18
5. All states where he lived since age 18

Is having a minor child an indication of probable violence against women? If the children are a certain age, does that fact make him more likely to beat his wife? Perhaps the fact that he has children means that he obviously must have raped his wife, because every feminist lesbian knows that a woman would never consent to sex with a man, right?

Because he submitted a visa petition in the past is obvious evidence of a wife-beater, right? What if he petitioned an adopted child from a foreign country? Does that mean he will be more likely to beat his wife?

I guess if a man was previously married, he must naturally be a wife beater, correct? What if he is a widower? Does that mean that he most likely murdered his wife?

What if he lived in Japan when he was 19 because his father was stationed there in the U.S. Navy? I guess that proves that he beats and rapes women, right?

If he lived in Arkansas, then he must be a wife-beater, right? And if he lived in Montana, then he rapes women and children, correct? And if he is from Oregon, then he obviously keeps sex slaves in his basement? I thought so.

Come on all you man-hating lesbians lurking out there. Why not sign in and explain these things to us idiots who just don’t get it. We know you have logical explanations, right? Or are you just high on drugs or something?

Ray

[CelticUrge]

... in response to Questions for the Lesbians, posted by Ray on Dec 19, 2005

I don't think they are capable of having that logical discussion you desire.

[RexB]

... in response to Questions for the Lesbians, posted by Ray on Dec 19, 2005

Hey Ray, If he lives in Montana you forgot about the sheep!
BBaahh humbug

[Ray]

... in response to Re: Questions for the Lesbians, posted by RexB on Dec 19, 2005

...a sheep raper? That way she can enjoy herself with her vibrator while he's out "tending" to the sheep at night.

[mudd]

... in response to IMBRA becomes law...The fun is over (lon..., posted by Gary Bala on Dec 18, 2005

gary, how does this affect the spousal visa process?

[Gary Bala]

... in response to Re: IMBRA becomes law...The fun is over ..., posted by mudd on Dec 19, 2005

Technically, the new law speaks to and references throughout the term: "K Nonimmigrant Visa". So it would seem at this point that K-3 spousal visa petitions are affected also. As you know, the K-1 and the K-3 both use the same USCIS petition, I-129F, and are both considered a "K Nonimmigrant Visa".

[valuedcustomer]

... in response to IMBRA becomes law...The fun is over (lon..., posted by Gary Bala on Dec 18, 2005

"The officer will also specifically ask the visa applicant if the relationship was facilitated by a International Marriage Broker (IMB), and confirm that the IMB provided her with background information and documents about the petitioner."

I hope someone challenges this law on constitutional grounds.  For one, it is discriminating against men and women trying to meet each other from foreign countries.. since the same criminal check isn't required for people meeting over Match.com or AOL.  

The other thing you should do is NEVER NEVER admit that you met a woman on a dating site or through an agency.  When you go to immigration, say you met her through a friend.  My wife never wants me to admit we used an agency.  This law was designed to intimidate but how are they going to enforce it?    Resist trash laws.  

[Kiltboy1]

... in response to Re: IMBRA becomes law...The fun is over ..., posted by valuedcustomer on Dec 19, 2005

I agree 100%

where is the ACLU on this one !!

[Bob S]

... in response to Re: Re: IMBRA becomes law...The fun is o..., posted by Kiltboy1 on Dec 19, 2005

*beep*
Hello, you have reached the offices of the American Civil Liberties Union.  No one is available to answer you call at the moment since everyone is out either tearing down nativity scenes or protecting NAMBLA members' access to your children.  But if you leave your name, number, and pet peeve or sexual perversion you'd like protected, we'll get back to you as soon as possible.
*beep*

[CelticUrge]

... in response to Re: Re: IMBRA becomes law...The fun is o..., posted by Kiltboy1 on Dec 19, 2005

Cuidado! You might attract the attention of the "fair and balanced" Bill O'Reilly.