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Special Services,
Extensions
IMBRA -
International Marriage Brokers Regulation Act (IMBRA)
"RETURN TO SENDER": NEW MAIL ORDER BRIDE
LAW IMPOSES TOUGH NEW CONDITIONS ON U.S. MEN WHO SEEK A FOREIGN PARTNER, BUT
WILL LIKELY BY STRUCK DOWN BY THE COURTS FOR SERIOUS CONSTITUTIONAL FLAWS
From:
http://USAImmigrationAttorney.com
Download the IMBRA LAW Here (.Pdf)
The U.S. Congress last month passed tough new
conditions on U.S. men who seek a romance partner abroad through dating
services. The new mail order bride law, called "International Marriage Broker
Regulation Act" or IMBRA for short, was enacted in response to the death cases
of two immigrant women in Washington State who were abused and murdered by their
American citizen husbands. IMBRA was quietly inserted onto the back of the
widely-applauded Violence Against Women Act (VAWA) to help prevent domestic
violence, and will go into effect on March 06, 2006.
This new law requires any U.S. mail order
bride company, now called an "International Marriage Broker" or IMB for short,
to FIRST secure from any gentleman customer extensive background information
such as criminal and domestic violence history, and provide a copy of this to
the foreign lady client in her native language and obtain a signed, written
consent as to that specific man from her BEFORE the couple even communicate.
There are stiff penalties on the IMB mail order company for any violations of
these requirements, including up to $25,000 civil fine and up to 5 years in
federal prison.
The proponents of this law, notably Sen. Maria Cantwell (D-WA), argued that this
would force full disclosure of men's violent records, if any, and enable the
foreign lady customers of IMB mail order companies, which they say range up to
5000 with some charging hefty fees, to decide for themselves if they want to
communicate and marry these men.
While the purpose of this new law is indeed laudable, it will actually cause
much MORE HARM THAN GOOD for all concerned and is both UNNECESSARY and probably
UNCONSTITUTIONAL.
1) The law will "CHILL" the FREE SPEECH rights of U.S. citizen men, operating as
a "PRIOR RESTRAINT" on their basic First Amendment rights to even say "Hi" to a
lady abroad. And the forced disclosure of personal information and documents to
total strangers such as IMB mail order company employees and foreign women
simply to communicate is a gross VIOLATION OF PRIVACY RIGHTS. Wendy McElroy, in
her "iFeminist" Op-Ed piece for Fox News last month, insightfully remarked that
this law "brands all American men as abusers", declaring that now "the 'Ugly
American' has become an article of federal law, supported by Congress".
2) Most IMB mail order companies work with hundreds and even thousands of U.S.
men and foreign women, thus making the onerous COMPLIANCE REQUIREMENTS for
individual signed releases IMPOSSIBLE TO MEET. Many such companies will be
forced out of business, move offshore or go underground. Many foreign women, who
know that there are thousands of happy marriages across the U.S. and some even
among their family and friends, would thus actually have fewer romance options
with American men and probably be less well protected from potential abuse.
3) Existing law, which is expanded on by this law, fully protects foreign women
from potential abuse anyway in the VISA PETITION PROCESS: The foreign woman is
provided domestic violence information on her rights, and supplied with the
man's background documents in her language by the Embassy Officer BEFORE she
secures a visa to enter the U.S. to see her gentleman suitor.
END
About Gary Bala:
Mr. Bala, a member of the American Immigration Lawyers Assn. (AILA) with 25
years of legal experience, has completed hundreds of family cases, fiancée
visas, spousal petitions and consultations. His office is in Pennsylvania.
Blog Article: "The Backdoor Law That Sabotages
International Romance"
http://usaimmigrationattorney.com/nucleus/index
Electronic Petition to Congress: "Repeal the
International Marriage Broker Law"
http://new.petitiononline.com/imbra05/petition.html
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