Integrity Legal

A question on the lips of any Thai-American couple when first making the decision to immigrate to the United States is: “how long is this process going to take?” This is a question that can have many different answers depending upon the couple’s situation, visa category, and the processing center that will adjudicate the petition.

Visa Processing Times By Visa Category

The category of visa can have a crucial bearing upon how long it will take to process the visa application. This would seem to be due to the fact that more people tend to apply for certain visa categories, while others are requested less often.

A case in point, far more Immigrant visa applications are submitted than K-3 visa applications. This may be due to the fact that the immigrant visas confer a Green Card or because a K-3 visa application  requires a second petition. Some visa categories may take longer to process because there is heightened scrutiny of the visa application during its adjudication.

This author believes that Immigrant visas, also known as CR-1 or IR-1 visas, which confer permanent residence are scrutinized more carefully because of the privileges attached to the visa. An IR-1 visa beneficiary enters the USA with unconditional lawful permanent residence, the IR-1 beneficiary may remain in the USA indefinitely, provided he or she does not commit some sort of act that results in deportation.  Compare this scenario with a K-1 visa application where the visa ultimately obtained will only entitle the beneficiary to 90 days in the USA and require a further adjustment of status application and one can begin to understand why the applications for the K-1 visa seem to process faster.

The following are processing times for US Family based visas (K-1, K-2, K-3, K-4, and Immigrant Visas) submitted to the Vermont Service Center :

For more processing times garnered from the source of these estimates please click here

The following are processing times for US Family based visas (K-1, K-2, K-3, K-4, and Immigrant Visas) being processed at the California  Service Center:

For more processing times garnered from the source of this information please click here

All of the above processing estimates are an accurate, but approximate, depiction of USCIS processing times at the time of this writing. As a practical matter, USCIS seems to take more time for adjudication of some of the categories mentioned above than for others. Further it should be noted that the US Embassy in Thailand and the National Visa Center can add time to these estimates if they are processing large caseloads. For more specific information regarding visa cases filed at a USCIS service center and being processed at the American Embassy in Thailand please contact [email protected].

Expatriates living in Thailand may be able to file a visa petition at the USCIS office in Bangkok. By doing so, the processing time estimates are different in comparison to filing in the USA. Generally, when one petitions for an immigrant visa locally, they can expect to obtain that visa in much less time than those compelled to file in the USA.

(Please be advised: Nothing in this post should be construed as mean for any other purpose than providing educational information. Therefore, this post is no substitute for one-on-one legal advice from a licensed attorney. No lawyer-client fiduciary relationship is created between the author and any reader of this post.)

Tags: American Embassy Thailand, American Visa Thailand, CR-1 Visa, Green Card, IR-1 Visa, K-1 Visa Processing Time, K-1 Visa Thailand, K-3 Visa Processing Time, USA Visa Thailand, USCIS, Visa Processing Time
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The K-3 Visa Process: A Closer look at a Hybrid Visa

The K-3 Visa is a very misunderstood and probably often misused visa for American Family Immigration. A great deal of false information is present all over the internet as the K-3 is trumpeted as THE US marriage visa. In reality the K-3 visa, although in certain instances effective, probably has limited utility particularly where the Thai-American couple has yet to register a marriage in Thailand.

The K-3 Process Explained

The K-3 visa was created at a time when I-130 petitions (the underlying petition of the CR-1 visa and the IR-1 visa) were taking as long as 3 years or more to process through USCIS. Congressmen and Senators, feeling pressure from their constituents, made the decision to create an alternate visa for bi-national married couples. The result was the K-3 Marriage Visa.

Step one of the K-3 Visa Process:

File an I-130 petition for a CR-1/ IR-1 Visa. The I-130 petition creates the foundation for the rest of the K-3 process.

Step 2 of the K-3 Visa Process:

File an I-129f petition. Those who have kept up with this blog will recall that the I-129f is the K-1 visa application. In the case of the K-3, the visa process is essentially the same as the K-1 from this point except for the fact that now the K-3 petition is processing at the same time as the CR-1 or IR-1 petition.

Step 3 of the K-3 process:

The I-129f petition, upon approval, leaves USCIS and is sent to the National Visa Center. From there, it is forwarded to the US Embassy in Bangkok.

Step 4 of the K-3 Visa Process:

The K-3 interview at the US Embassy: the K-3 Visa beneficiary is interviewed by the Consular Officer and provided there are no 221g denials, the K-3 visa will be approved.

While this process is transpiring, the I-130 petition is also pending simultaneously. From a practical standpoint, this means that the couple has a choice regarding which visa application they will use to obtain the visa. Should they opt to simply use the K-3, then the Thai wife will enter the USA with a 2 year multiple entry visa, but NOT lawful permanent residence (Green Card). In order to obtain permanent residence and therefore finish the K-3 visa process, the K-3 spouse must either adjust status in the USA or leave the US and travel back to Thailand and re-interview for the underlying IR-1/CR-1 visa.

One of the probable reasons for a great deal of misinformation regarding the K-3 is the fact that “visa agents” do not understand the visa process. Also, a particular issue with regard to Thailand is the fact that unlicensed “Immigration Consultants” and “Law Firms,” cannot submit a US Immigration petition at the local USCIS office in Bangkok. If a US Citizen is qualified, a local filing can garner an immigrant visa for a Thai spouse in as fast as six months and the Thai spouse is conferred permanent residence upon arrival in America. USCIS will only allow a licensed attorney to represent clients before their officers and as a result non-licensed individuals seem to prefer to mail petitions to the USA in an effort to avoid being detected in the unlicensed practice of law.

(This post is for general information only. It is not a sufficient alternative to private legal advice from a licensed attorney. This post should not be misunderstood: merely reading this post does not create an attorney-client relationship between author and reader.)

Tags: K-3 Visa, K-3 visa process, K-3 Visa Thailand, K3 Visa, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand
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The K-1 Application: Frequently Asked Questions

A very frequently asked question with regard to the K-1 Fiance Visa is: how do we apply for a K-1 Visa? US Immigration procedure is a somewhat difficult to understand for those who have never dealt with the application process. This post will briefly provide details about the K-1 application, where it will be filed, and use of an Immigration attorney.

A common misconception held by many American Citizens is that a visa applicant can simply apply for the K1 Visa at the US Embassy directly. It is easy to understand why people believe this particularly in light of the fact that this is essentially the procedure for obtaining a US tourist visa. In the case of K1 visas this, however, is not the case. One must first file the K-1 visa application with an office called the United States Citizenship and Immigration Service, or USCIS for short. The application is then routed to the National Visa Center and remitted to the American Embassy in Bangkok.

There are so many forms, which should be used?

Many people are belabor under the myth that the US Immigration process is a very straightforward process. In reality, because US Immigration law is statute driven it can be quite complex to the point of being byzantine. The rules governing how and where things must be filed and the order in which petitions ought to be filed can be fraught with difficulty for the laymen. In the case of the K1 visa, the correct application form that should be used is the I-129f. This should not be confused with the I-129 petition form. Withing this application form, there are many questions that  a couple will need to confer about. Recent statutory changes like IMBRA and the Adam Walsh Act have created new restrictions with regard to who is allowed to petition for a K-1 visa.  The I-129f is the crux of the fiance visa application, but there are more government forms that must accompany this application along with supporting documentation that must be used to prove the legitimacy of the relationship.

Where do we file the K1 visa application?

The location that one should file a K1 application depends upon where the US Citizen’s residence in the United States is located. Another misunderstanding involves a belief that aK1 application can be filed at a local USCIS office. In most cases this is not correct. There are two Service Centers for US Citizens wishing to file a K1 application, one is in Vermont and the other is in California. The location for filing the application depends heavily upon the US Citizen’s state of residence.

Should we use an attorney to file a K-1 visa application?

Retaining the services of an attorney is a decision that each couple should decide on their own. That being said, a great deal of the administrative burden can be lifted by retaining attorney assistance. An attorney or law firm with an office in the home country of the fiancee can be even more beneficial because the attorney can deal with the fiancee’s issues at the US Embassy in real time.

(Nothing Contained herein should be thought of as an appropriatealternative to personalized legal advice from a competent attorney. No attorney/client relationship should be assumed to have been created by merely reading this post.)

Tags: Fiance Visa Thailand, I-129f, I-129f Application, K-1 Visa, K-1 visa application, K1 visa application, US Visa Thailand, USCIS
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Consular Processing: Visa Interview Preparation for a Thai Fiancee or Wife

One unique aspect of practicing United States Immigration law abroad is the ability to assist a foreign loved one with the US Embassy in Bangkok. Currently, the US Embassy’s policy states that no one other than the Thai applicant may be present for the visa interview at the Embassy on the day of the interview (this included the US Citizen spouse or Fiancee). Due to the fact that the foreign loved one will go through the interview process alone, the services of an immigration attorney can be very beneficial in preparing the foreign fiancee or spouse for the interview and giving the fiancee or spouse prior notification of Embassy procedure and what to expect. Depending on the category of US visa (K-1, K-3, or CR-1) different thresholds of proof will be required with regard to the bona fides of the relationship.

Interview preparation can be vital in facilitating a successful outcome at the United States Embassy, particularly in situations where the Thai fiancee or spouse has difficulty communicating in the English language or becomes easily nervous when dealing with government officials. That being said, many of a Thai fiancee’s fears regarding the Embassy can be laid to rest by a competent lawyer who can explain the situation and dispel any rumors or myths that a fiancee or wife has heard.

Assistance with 221 g Responses

Embassy officials are hard working individuals and at the Consular Service Section they process a large number of cases each year. Therefore, in the interests of speed and efficiency where there is a deficiency of documentation the consular officer will likely issue a 221 g denial. In many cases, fiancees or wives believe this to be a denial of the visa application and that the denial is final. In point of fact: 221g’s are denials, but they are denials pending further documentation. Therefore, if an applicant can cure the deficiency, then the visa will likely be issued. This is where retaining an attorney can be of great use. Currently, the US Embassy in Bangkok gives licensed American attorneys the privilege of presenting 221 (g) documentation on behalf of a visa applicant (the Embassy will not deal with visa agents or unlicensed so-called “lawyers”). This can be of great advantage particularly to the fiancee or spouse who does not live in Bangkok. By using an immigration attorney, it is generally unnecessary for the fiancee or spouse to return to Bangkok after the initial interview (this is not always the case, because consular officers can request that applicants return for a follow-up interview, as a practical matter, this rarely, if ever, happens).

Inadmissibility and Waiver

In cases where there exists a legal ground of inadmissibility, retaining an attorney is highly advisable particularly at the pre-interview phase. The reason for this is the fact that an attorney can prepare the waiver application in anticipation of the denial on a ground of inadmissibility. An I-601 application could be filed at virtually the same moment of denial. This would save time because the attorney is on the ground in real time and could interact with both the Embassy and the USCIS district office.

For more information, please see: US visa Thailand

(Nothing contained herein is an adequate substitute for a personal legal consultation. No Attorney-Client Relationship should be deemed to exist between author and reader.)

Tags: American Embassy Bangkok, American Visa Thailand, Fiancee Visa Thailand, I-601 Waiver, K1 Visa Thailand, K3 Visa Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand
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If a child is born in Thailand and one of the child’s parent’s is a US citizen, then it may be possible to obtain a US passport for the child in Thailand. Before the passport can be obtained, it will likely be necessary to file a consular report of birth abroad.

A Consular report of birth abroad is akin to a birth certificate in that by making a report of birth abroad, an American Citizen is putting the United States government on notice that they have had a child and as per the the legal doctrine of jus sanguinis, the child may be eligible for US citizenship. Jus Sanguinis (a Latin term meaning “right of blood”) is a legal and social policy under which citizenship or nationality is not determined by the place a person was born, but through the presence of an ancestor who is a citizen or national of the state concerned. This policy stands in contrast to jus soli (a Latin term meaning “right of soil”). In the United States, jus soli and jus sanguinis are both methods of acquiring US citizenship. Therefore it is not necessary for a child to be born in the United States in order for that child to be born a US citizen. If the child is born abroad to at least one US citizen parent then the parent’s US citizenship will be transferred to the child.

There are restrictions on this doctrine for the purposes of US citizenship. In situations where the US citizen parent has not spent a statutorily required amount of time in the United States, the parent’s citizenship may fail to transmit to the child. In a case such as this where the US citizen parent wishes to obtain US citizenship for his or her child, it would be necessary to file an I-130 application on behalf of the child and obtain an immigrant visa for the child. Upon entry into the United States, the child would be vested with citizenship automatically by operation of law, because the permanent resident child of a US citizen will be vested with citizenship upon entry into the US on an immigrant visa.

In Thailand consular reports of birth abroad can be obtained at the US Embassy in Thailand or the US Consulate in Chiang Mai. In some instances, the US Embassy will require a paternity test in order to prove that the child is indeed that of the United States Citizen filing the report.  In some cases (particularly in a relationship with previous children present) this requirement may be waived.  In the cases in which a paternity test is requested, the couple has yet to finalize a legal marriage and has instead opted to perform a customary marriage due to the fact that they are seeking to obtain a K1 visa and by getting married it would preclude that type of visa application. Although, there are many situations in which a paternity test is requested.

Thanks for reading,

Feel free to email us at [email protected] for more information on this and other US Immigration issues.

(Please not: nothing contained herein should be used in place of personalized legal advice from an attorney. No attorney-client relationship is created between the reader and the author of this post.)

For more information on our website please see:

fiance visa Thailand

US visa lawyer Thailand

Tags: consular report of birth abroad, jus sanguinis, jus soli, K1 Visa, US Consulate Chiang Mai, us embassy bangkok, us embassy thailand, US Visa Thailand
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I was reading a piece written by the American Immigration Lawyers Association that could be useful for refugees in Thailand. With the political situation in Burma remaining abysmal, refugee issues will probably continue to be a problem in Thailand. The following is an original writing based upon information included in a piece written by AILA:

Recognition of Unregistered Customary Marriages in Refugee Camps

How do the United States Citizenship and Immigration Service Centers view marriages conducted in refugee camps that are not duly registered at a government office or  properly formalized under the laws of the country in which the marriage takes place? For instance, if a customary wedding ceremony occurs in a Burmese refugee camp in the Kingdom of Thailand and the wedding ceremony is properly conducted by the authorities in charge of the refugee camp, but the marriage is not registered, recorded, or recognized by the Thai government officers at the local Amphur, or District, Office which is generally a requirement of legal marriages occurring within the jursdiction of the Kingdom of Thailand, then that marriage will not be considered legal under Thai law. Will the United States Citizenship and Immigration Service recognize the marriage as valid for reasons pertaining to the I-730 refugee/asylum petition? If USCIS will recognize this type of marriage for immigration puposes, then is there any special kinds of evidence that must be submitted to prove up the bona fide nature of the marriage?

USCIS may consider marriages in circumstances described above as valid for immigration purposes, but there are some caveats. In the past, the United States Citizenship and Immigration Service has made the decision that the lack of legal perfection or registration of a marriage might not cause the marriage to become invalid for the purpose of immigration if the reason for the failure to register or perfect stems from the applicants flight from persecution.

If those seeking asylum as refugees in the United States were precluded from executing a valid marital perfection or registration of their religious, tribal, or customary wedding ceremony with the government at the time of the marriage and this preclusion was based upon a situation outside of their control; should this situation be associated with the underlying persecution of this collection of peoplet, then the marriages might be considered valid by USCIS for purposes relating to US immigration. Situations beyond the control of a refugee couple’s control that fit this category include (but may not be limited to): the inability to utilize government institutions in a host country because of one or more policies of the refugee camp, host government regulations that are discriminatory in nature, or any preclusion of marital recognition resulting from the flight from the refugee’s home country.

Much like Fiance Visas, CR1 visas, or other family based visa petitions, it is incumbent upon the couple to prove that the marriage is bona fide. Ways of proving the bona fides of the marriage include: evidence of the couple holding themselves out as married, evidence of the couple having lived together, offspring resulting from the marriage, and execution of a marriage ceremony.

For More Please See:

K1 visa Thailand

(Please not: Nothing in this article should be used in place of legal advice from a competent licensed attorney. No attorney client privilege, either express or implied, is created by reading this post.)

Tags: Asylum, K1 Visa Thailand, marriage in Thailand, Refugee, US Visa Thailand
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For general information about problems with a Us visa application please see: US Visa Denial Thailand.

The process of obtaining a visa for a loved one to the United States can be long and complicated.  At the end of the process, the last thing a prospective applicant wants to receive is a rejection and denial of the visa application. However, this can occur and in situations in which it does occur there are remedies. In other posts on this blog, the topic of waivers of inadmissibility has been discussed. This post will briefly recap the topic and add some new information about where a waiver application can filed and clear up confusion about what types of waivers exist under current legislation.

IMBRA Waiver with USCIS

One point of confusion that I have heard from prospective visa petitioners involves the IMBRA (International Marriage Broker Regulation Act). Pursuant to the IMBRA,  one must obtain a waiver in order to file multiple K1 petitions within a two year period. Although this provision denotes a waiver requirement for a multiple filer of K1 visas, this type of waiver is contemporaneously with the I-129f application for Fiance Visa. (It would be prudent to consult with an Immigration attorney if you believe you may be subject to multiple filer restrictions under IMBRA).

US Waivers of Visa Denial at the US Embassy in Bangkok, Thailand

Should the visa be denied at the US Embassy in Bangkok, then one must first decipher the type of denial. Technically a 221 g refusal is a visa denial, but from a practical standpoint it is merely a visa denial pending further documentation or information. Therefore, it is possible to cure whatever deficiencies exist and ultimately obtain the visa.

Sham Relationship or Marriage

If the consular officer makes a decision that a marriage of fiance relationship is not genuine, then the visa could be denied and that decision is not subject to waiver or appeal. This is why proving up the legitimacy of a relationship or marriage at the US Embassy in Bangkok is so important.

Consular Finding of Legal Inadmissibility

If the consular officer finds that the applicant for a visa is legally inadmissible then the visa will be denied, but the finding of inadmissibility may be remedied through the approval of a waiver of inadmissibility (most likely an I-601 waiver application).

Where is the Waiver Application Filed

It is possible to file a waiver application with the consular officer at the US Embassy. However, this method may be inefficient as the Embassy will send the I-601 waiver application to USCIS for adjudication. It may be faster to simply file an I-601 application with USCIS directly.

On another related note USCIS Bangkok has administrative jurisdiction over USCIS filed offices in  New Delhi, India; Seoul, Republic of Korea; Beijing and Guangzhou, People’s Republic of China; Hong Kong, Special Administrative Region of China; Manila, Philippines; and Ho Chi Minh City, Vietnam. In its capacity as Bangkok’s District Office it has jurisdiction over Australia, Burma, Brunei, Cambodia, East Timor, Laos PDR, Indonesia, Singapore, Thailand, Malaysia, and New Zealand. Therefore an I-601 waiver application for a US visa to be obtained from an Embassy in any of these countries can be filed at USCIS Bangkok.

Thanks for reading and for more on US Immigration from Thailand please see:

K1 visa application

Fiance visa application

US Visa Thailand

(Please note: this writing should not be used in lieu of legal advice from a licensed attorney with experience in US Immigration matters. No relationship (attorney-client or otherwise) should be implied from reading this article.)

Tags: 221 (g), Inadmissibility, K1 Visa Thailand, US Visa Thailand, visa denial, Visa Refusal, Visa Waiver
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Since today is Coronation Day in Thailand, which is a National Holiday, I thought I would take this opportunity to list the holidays that the Embassy takes in Thailand. Many clients and prospective clients do not understand delays caused by holidays either because the holiday is exclusively Thai, and therefore not being celebrated in the United States, or a non-Thai holiday and the applicant doesn’t understand why the Embassies should be closed for an American holiday in Thailand.

There are good reasons why the US Embassy in Thailand ought to close on both Thai and American holidays, the most convincing rhetorical question: what would the Embassy actually be able to get done on National Holidays for either Thailand or the USA?

As a conduit for communication, trade issues, and inter-government cooperation the US Embassy in Bangkok (as with any Diplomatic post in a foreign country) has a “foot in both worlds,” when either of the governments are shut down, then the Embassy really does not have much to do. Therefore, instead of wasting time and resources they close in order to facilitate better service at another time. For US Visa purposes the closure of the Embassy means that it is not possible to obtain a visa interview on any day that the Embassy is closed.

Below are the Holidays for the US Embassy in Bangkok in 2009 (please note that as some of these holidays are based upon the lunar calendar they may change date from year to year):

Holidays for the US Embassy in Bangkok

(Also applicable to the US Consulate in Chiang Mai)

In the month of January the US Embassy is closed for the following holidays on the following days:

January 1: New Years Day

January 2: New Years Day

January 19: Martin Luther King’s Birthday

In the month of February the US Embassy is closed for the following holidays on the following days:

February 16: Presidents Day

In the month of March the US Embassy is closed for the following holidays on the following days:

No Holiday closures

In the month of April the US Embassy is closed for the following holidays on the following days:

April 13: Songkran (Thai New Year)

April 14: Songkran (Thai New Year)

April 15: Songkran (Thai New Year)

In the month of May the US Embassy is closed for the following holidays on the following days:

May 5: Coronation Day

May 8: Visakha Bucha Day

May 25: Memorial Day

In the month of June the US Embassy is closed for the following holidays on the following days:

No Holiday Closures

In the month of July the US Embassy is closed for the following holidays on the following days:

July 3: Substitution for July Independence Day (Closed on 4th of July when during the week)

In the month of August the US Embassy is closed for the following holidays on the following days:

August 12: Her Majesty the Queen of Thailand’s Birthday

In the month of September the US Embassy is closed for the following holidays on the following days:

September 7: Labor Day

In the month of October the US Embassy is closed for the following holidays on the following days:

October 12: Columbus Day

October 23: Chulalongkorn Day

In the month of November the US Embassy is closed for the following holidays on the following days:

November 11: Veterans Day

November 26: Thanksgiving Day

In the month of December the US Embassy is closed for the following holidays on the following days:

December 7: Substitute for His Majesty the King of Thailand’s Birthday (the 5th of December)

December 10: Constitution Day

December 25: Christmas Day

Please note that this list is not exhaustive as the US Embassy in Bangkok, Thailand may close for reasons unrelated to Holidays, or for any reason whatsoever, but the Embassy is generally open during the week during regular hours except for the holidays mentioned above.

(Nothing in this piece should be taken as a substitute for legal advice. By reading this piece there is NO express or implied attorney-client relationship created.)

For more information please see:

US visa Thailand

Fiance Visa Thailand

K1 Visa Thailand

Tags: US Consulate Chaing Mai, us embassy bangkok, us embassy thailand, US Immigration Thailand, US Visa Thailand
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Income Requirements for Fiance and Spouse Visa Sponsorship: 2009

In order to sponsor a Thai fiancee or wife for a visa to the USA, a US Citizen petitioner must prove that he can support the Thai applicant in such a manner that the Thai applicant will not become a burden to the state. Therefore, the US Citizen must present an affidavit of support proving an income that is deemed appropriate for supporting a Thai fiancee or wife. US Immigration policy dictates that in order to be able to support an immigrant one must produce an income that is 125% of the poverty level as set forth by US Housing and Human Services. Since Housing and Human Services constantly readjusts their definition of the poverty level, the requisite income required for immigrant sponsorship changes from year to year.

Below are the poverty figures for the 48 contiguous United States with calculation made for 125% of that figure:

Housing and Human Services has set a different standard for figuring the poverty level in Alaska, below is the poverty level for Alaska along with a calculation of 125% of that government defined monetary level.

Housing and Human Services also sets a different poverty line for Hawaii, below is the poverty guideline for Hawaii and a calculation of 125% of that guideline

It should be noted that active duty military need only show 100% of the federal poverty guidelines in order to be entitled to support an immigrant relative either entering on a K1 or immigrant visa.

For those with a deficiency in income (a more acute problem with prospective sponsors who are self employed) it may be possible to use a joint sponsor in order to make up the income shortfall. Another method of overcoming this obstacle is by using assets. For affidavit of support purposes, a prospective sponsor of a Thai fiancee or wife can make up the difference in income between what is actually earned and what is statutorily required by showing assets amounting to 5 times the difference between what a prospective sponsor earns and the legally required level. Therefore if a prospective sponsor falls $1,000 short of the required level, then he can show $5,000 in assets to make up that difference. US petitioners must submit the affidavit of support to the US Embassy in Thailand at the time of visa interview.

For more information please see

K1 visa Thailand

K3 visa Thailand

US visa Thailand

(Note: Nothing written herein should be regarded as a substitute for legal individual legal advice from a duly licensed US attorney. No attorney client privilege shall be inferred to have been created by reading this post.)

Tags: Affidavit of Support, CR-1 Visa, I-134, I-864, IR-1 Visa, K1 Visa, K3 Visa, US Visa Thailand
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Waivers of Inadmissibility from Thailand: Brief Synopsis

In previous posts the topic of grounds of inadmissibility has been discussed. A grounds of inadmissibility is the legal finding by a consular officer that an immigrant is ineligible for a visa to the USA. Most grounds of inadmissibility have a remedy should one decide that they still wish to immigrate to the USA. That remedy is a waiver. A waiver application is adjudicated by USCIS and upon the granting of a waiver the petition is sent back to the US Embassy where the visa is approved and granted.

However, not all grounds of inadmissibility can be waived and this post briefly discusses two major unwaivable grounds with regard to US Visas from Thailand. (Note: A Waiver of Inadmissibility is not an “appeal,” of the consular officer’s denial of a visa petition. Some publications, particularly on the internet, claim that a decision to deny a US Visa can be “appealed,” strictly speaking this is not true, a waiver is a petition seeking to have a ground of inadmissibility waived so that the visa petition may be approved.)

Although generally there are many waivers of inadmissibility allowed under the Immigration and Nationality Act of the United States, there are some situations in which an alien will be deemed inadmissible to the United States in perpetuity.

Drug conviction

Currently, a prior criminal conviction involving drugs is a grounds of inadmissibility with no available waiver. That being said, if the conviction was for simple possession of marijuana of a quantity less than 30 grams, then a waiver may be sought.  In Thailand, many of those applicants with drug convictions were arrested and convicted for activities relating to “yabaa,” the Thai street term meaning methamphetamine. Unfortunately, a conviction involving methamphetamine would lead to a likely finding of inadmissibility that and a waiver could not be obtained.

False Claims of US Citizenship

Another ground of inadmissibility that cannot be waived is a finding that an applicant has falsely presented themselves as a US Citizen on a prior occasion. At one time, falsely claiming US Citizenship was not an unwaivable ground of inadmissibility, but recent amendments to the US Immigration and Nationality Act have  resulted in a policy that claiming false citizenship in nearly any way is a grounds of inadmissibility without recourse to a waiver.

These two grounds of inadmissibility are not the only two grounds that have no recourse to a waiver, but they are more common than most other unwaivable grounds which is hy they were briefly mentioned here.

(Note: Nothing in this post should be taken as a substitution for legal advice from a duly licensed attoney with experience practicing US Immigration law. No Attorney client privilege should be inferred from reading this article.)

For more about Family Visas from Thailand please see

K1 visa

K3 visa

Tags: I-601, Inadmissibility, us embassy bangkok, US Visa Thailand, USCIS, Waiver
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