Integrity Legal

For those interested in finding out detailed information regarding United States business visas from Thailand please see our main page at: B1 visa Thailand. For further general information about American Immigration from the Kingdom of Thailand please see: US Visa Thailand.

The B-1 Visa in 2010

In this writer’s opinion, the US Business Visa Process will probably remain relatively unchanged in 2010. That being said, it does provide an opportunity to re-explore this American travel document.

The B-1 Business visa is a non-immigrant visa intended for those who wish to travel to the United States for short term business purposes. It is not a dual intent visa meaning that one who applies for a B-1 visa must have bona fide non-immigrant intent. Those who have an undisclosed intention to immigrate to the United States of America at the time of application should disclose this fact in the application form and/or the visa interview. Failure to disclose immigrant intent could be construed as fraud and/or misrepresentation of a material fact. A finding of fraud and misrepresentation of material fact could lead to the applicant being found inadmissible to enter the United States. This inadmissibility would likely then only be remedied by an approved I-601 waiver application. Due to the drastic consequences that can befall a non-immigrant visa applicant, it is always wise to be completely candid on a visa application and explain all of one’s reasons for traveling to the United States of America.

The B1 visa is often issued in tandem with a US tourist visa, also known as a B2 visa. This visa category is utilized by those traveling to the United States for recreational purposes. Consular Officers will often issue combined B1/B2 visas because the applicant is planning a trip which combines elements of both business and pleasure. For example, a Thai doctor may travel to the United States to attend a medical seminar and visit family and friends after the seminar ends. In this case, a B1/B2 visa would be optimal because it encompasses all of the activities that the applicant will be undertaking in the United States.

As with many types of non-immigrant single intent visas, the applicant must overcome the statutory presumption of immigrant intent under section 214b of the United States Immigration and Nationality Act. The applicant must essentially show that they have such strong ties to Thailand (or any other country outside of the USA) that they will not remain in America past the expiration of their visa.

Tags: B-1 Visa, B-1 Visa Thailand, B-2 Visa, B-2 Visa Thailand, B1 visa, B1 Visa Thailand, B1/B2 Visa, B2 Visa, B2 Visa Thailand, US Business Visa Thailand, US Tourist Visa, US Tourist Visa Thailand
Posted in Thailand Business, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

For those who are interested in learning about the details of tourist visas from Thailand please see our main page at: US tourist visa Thailand. For those who would like to see information about all aspects of American Immigration from the Kingdom of Thailand please see: US Visa Thailand.

The United States B-2 Tourist Visa in 2010

In 2010, it is this author’s opinion that the B2 visa process will remain largely the same as it was in 2009. However, a brief comparison of the current B2 visa process with that of  the year 2000 could be revealing. In 2000, it was still possible to obtain a United States tourist visa through the mail. At that time, interviews were not required in certain situations if the applicant met some pre-conditions. There is anecdotal evidence which suggests that the US tourist visa application approval rate was higher prior to the introduction of the rule that there must be visa interviews for all non-immigrant visa applicants.

At the present time, an American tourist visa applicant can apply for a US Visitor Visa at either the US Embassy in Bangkok or the US Consulate-General in Chiang Mai provided the applicant resides in the Consular District. Unfortunately, this category is often sought by those who probably should not be seeking a tourist visa. This is particularly the case when it comes to Thai fiancees or girlfriends. In many cases, American citizens encourage their Thai fiancees and/or girlfriends to apply for a US tourist visa because it is a less time consuming process when compared to the application process for a K1 fiance visa. That being said, it is not an appropriate visa for those who intend to apply for adjustment of status in the United States. This is due to the fact that the US tourist visa is not a dual intent travel document meaning that the applicant must have true non-immigrant intent when he or she submits a tourist visa application. Lying about one’s intentions on a Department of State application form could lead to serious civil and criminal penalties as such activity could be construed as visa fraud. Further, one who has been found to be presenting a fraudulent visa application could be found inadmissible to the United States and barred from entering for a statutorily prescribed period of time. For those who wish to bring their loved one to the US, it may be wise to look into a K1, K3, or CR1 visa.

Even those with bona fide non-immigrant intent must still overcome the presumption of immigrant intent under section 214b of the United States Immigration and Nationality Act. One must prove that they have strong ties to Thailand (or any other country besides the US) and weak ties to the USA before a Consular Officer will approve a B2 visa application.

Tags: American Embassy Bangkok, American Embassy Thailand, B-2 Visa, B-2 Visa Thailand, B2 Visa, B2 Visa Thailand, us embassy bangkok, us embassy thailand, US Tourist Visa, US Tourist Visa Thailand
Posted in CR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Thailand, US Embassy Yangon, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 3 Comments »

For many Americans the Tourist visa is the travel document that comes to mind when discussing US Immigration. For Immigration based upon a family relationship the Tourist Visa is the worst option when an American Citizen spouse or Fiance is seeking to bring the foreign fiancee or spouse to the USA in order to remain.

One of the main reasons why the tourist visa is not an option that should be contemplated when making family immigration decisions stems from the fact that the purpose of the US tourist visa is misunderstood and the visa itself has been greatly misused in the past. A US Visitor Visa is intended for short term recreational purposes only. Similarly the US business visa is meant for short term business endeavors in the USA (conferences, trade shows, etc.) Neither are designed for use by those who seek to have their loved one remain in the USA permanently.

Consular officers making a judgment call on a US visitor visa must be convinced that the applicant has overcome the statutory presumption of immigrant intent. This doctrine stipulates that the applicant for a tourist visa is a presumed immigrant until they can demonstrate that they are strongly connected to a place outside of the USA. So connected, in fact, that they are more likely to leave the United States in order to return to that location than they would be to remain in the United States past their visa expiration.

A major misconception regarding practically any visa is the idea that it confers a “right” to enter the United States of America. In reality, the visa confers a right to present themselves at the border and upon inspection and approval from the Immigration officer, be admitted to the United States. Even at a United States port of entry, it is possible for the traveler to be turned away if the Immigration officer feels it is necessary. As a practical matter, this rarely occurs due to the fact that most entrants to the USA have a legitimate reason for entry.

Since September 11, 2001 US Immigration officials have been more zealous in their enforcement of US Immigration rules and regulations and as a result the scrutiny placed upon entrants to the US, whether they intend to immigrate or not, has increased.

Due to the fact that the US tourist visa is intended for non-immigrant purposes and the fact that scrutiny of non-immigrants to the US has increased. It is now highly advisable that those wishing to bring a loved one to the USA use the proper travel document. For those seeking to bring a loved one that they are not married to, a K-1 visa may be an appropriate option. While those with an overseas wife might opt for the K-3 visa, CR-1 Visa, or IR-1 Visa depending upon the couple’s circumstances and immigration goals.

Be advised that entering the USA on a visitor visa with anything other than NON-immigrant intent, could be viewed as an attempt to defraud immigration officials and lead to criminal or civil penalties as well as a possible later finding of inadmissibility. If deemed inadmissible, one can only be admitted to the USA after application for a waiver.

(Please note: this post is not a substitute for legal advice. For proper legal advice seek the counsel of a licensed attorney. No part of this piece should be construed as forming an Attorney-client relationship between author and reader.)

Tags: 214 b, American Visa Thailand, B-2 Visa, B2 Visa Thailand, Inadmissibility, K-1 Visa, K1 Visa Thailand, US Tourist Visa Thailand, US Visa Thailand, US Visitor Visa Thailand, Waiver
Posted in K-3 Visa Thailand, K1 Visa Thailand, US Visa and Immigration, US Visa Thailand | No Comments »