Our Search for a US Immigration Company

 

by Richard W. Hartzell and Roger C. S. Lin

Taipei, Taiwan

 

 

We are researchers in international treaty law, territorial cession law, the laws of war, the US Constitution, and US immigration matters.  Mr. Hartzell was born in Dayton, Ohio, USA and holds a US passport. He has been living in Taiwan for over 30 years. Dr. Roger Lin was born in Taiwan and holds an ROC passport.

 

 

** Part 1 **

 

Over the past several years we have accumulated abundant legal and historical evidence to prove that --

 

As per the repeated statements of the US State Dept., indeed the “Republic of China on Taiwan” is not an independent sovereign nation,

 

In fact, Taiwan is an overseas territory of the United States of America,

 

Native persons in Taiwan should be holding “US national non-citizen passports,”

 

The application form for the “US national non-citizen passport” is the DS-11,

 

The Republic of China is merely a “subordinate occupying power” (beginning Oct. 25, 1945) and a “government in exile” (beginning mid-December 1949),

 

In the post-war San Francisco Peace Treaty, the territorial sovereignty of “Formosa and the Pescadores” (aka Taiwan) was not awarded to the Republic of China,

 

The Taiwan Relations Act does not recognize the terminology of “Republic of China” after Jan. 1, 1979,

 

There is no basis under international law, US law, or ROC law to say that native Taiwanese persons are “ROC citizens”

 

Hence, a very strong point of our argument is to say that under the Immigration and Nationality Act of the United States, the Ministry of Foreign Affairs of the Republic of China cannot be construed as the “competent authority” for issuing passports to native persons in Taiwan, see –

INA [8 USC 1101 (a)(30) ]

The term "passport" means any travel document issued by competent authority showing the bearer's origin, identity, and nationality if any, which is valid for the admission of the bearer into a foreign country. 

 

In fact, the “competent authority” for issuing passports to native persons in Taiwan is the US State Department.

 

 

** Part 2 **

 

We have put together a complete procedural method for an ROC passport holder in the United States to apply for a “US national non-citizen passport.”  We would like a competent Immigration Company in the United States to take the lead in accepting applications and submitting them to the US State Dept.

 

See http://www.taiwanadvice.com/tda_apply.htm

 

We have counseled a few persons by email on this procedure.  When they put together the needed documentation, they simply took it to the local office of the US Congressional Representative for their district, and asked his/her staff members to forward it on to the US State Dept.

 

Hopefully, a licensed Immigration Company in the United States would be able to advertise this procedure and to process more applications.  Realistically, this might generate some income for the Immigration Company involved.

 

 

** Part 3 **

 

The United States does not have diplomatic relations with Taiwan.  The local office of the United States government here is called the American Institute in Taiwan (AIT).  Of course, AIT deals with a lot of consular matters.  However, after repeated contact with AIT, they will not accept the DS-11 application form of a native Taiwanese person who now wants to apply for a “US national non-citizen passport.”  We had a rally about this in front of AIT Taipei on March 29, 2006 to voice our complaints.

 

See http://www.taiwanadvice.com/declare.htm

 

Dr. Roger Lin has assembled the necessary documentation as per the checklist here -- http://www.taiwanadvice.com/checklist2.htm   He is currently in Taiwan and wishes to apply for a US national non-citizen passport.  AIT will not accept his DS-11 application form.  Hence, he would like to coordinate this application through a qualified US based Immigration Company.

 

 

** Part 4 **

 

The following articles provide a basic introduction to our research.  It must be noted that our research results have been obtained via a thorough consideration of the complicated interplay between (1) military jurisdiction under the US Constitution, (2) the laws of war as recognized by the United States, (3) territorial cession law, (4) insular law, (5) international treaty law, etc.

 

To our knowledge, at the present time we are the only researchers who have approached the “Taiwan question” from this angle. 

 

The Territorial Cessions of Puerto Rico, the Philippines, Guam, Cuba, & Taiwan

http://www.taiwanadvice.com/prcutai3.htm

 

Does Taiwan Meet the Criteria to Qualify as an "Overseas Territory of the United States"?

http://www.taiwanadvice.com/tw_insular5b.htm

 

Our inquiry to the US government -- What are you doing?

http://www.taiwanadvice.com/what2do.htm

 

Territorial Cession after War and the End of Military Government

http://www.taiwanadvice.com/milgov_end.htm

 

Are Taiwanese Persons ROC Citizens? -- In Search of a Legal Basis for ROC Citizenship

http://www.taiwanadvice.com/rcitizen.htm

 

Quick Summary of the San Francisco Peace Treaty's Disposition of "Formosa and the Pescadores"

http://www.taiwanadvice.com/sfpt_quic2b.htm

 

Assuring a More Democratic Future for Taiwan under the US Constitution

http://www.intellectualconservative.com/2006/assuring-a-more-democratic-future-for-taiwan-under-the-us-constitution/

 

Taiwan's secret: Island is territory of U.S.!

http://www.taiwanadvice.com/wnd/taiwansecret.htm

 

and other articles on the http://www.taiwanadvice.com/ website

 

Statement of Historical and Legal Evidence for US Nationality Status provided in accompaniment with Application for US nationality non-citizen PASSPORT by native Taiwanese person born in Taiwan 

(33 pages) http://www.taiwanbasic.com/passport/apply-passport.doc

(2 pages) http://www.taiwanbasic.com/passport/haliena_app.doc

 

 

** Part 5 **

 

We would be interested in discussing what necessary financial arrangements would be needed to get Dr. Roger Lin’s DS-11 form submitted.  Additionally, what would be the expected charges if it were necessary to have a hearing in the USA, or to undertake an appeal in the event this application was rejected?

 

Obviously, there are many other people in Taiwan who would like to submit DS-11 application forms from Taiwan.  However, frankly speaking, the Photo-IDs (with the bearer’s photo and English language signature) are not commonly available here. 

 

Dr. Lin has suitable Photo-IDs because he formerly lived in Hawaii.

 

In discussing financial matters, we would hope that some consideration could be made of the (offsetting) income potential which is available to the Immigration Company in the USA by promoting this US national non-citizen passport application procedure there.

 

Richard Hartzell and Roger Lin are not currently planning any trips to the United States.

 

rgroup.tw@gmail.com

Taipei, Taiwan