Integrity Legal

Posts Tagged ‘Deported’

10th October 2018

Even less-than-avid readers of news regarding Thai Immigration matters are probably aware that there have been a number of changes which have occurred within the ranks of the Immigration Bureau in Thailand (including the appointment of Surachate Hakparn also known as “Big Joke” as head of Immigration). Also, there have been a number of incidents which point to an overall shift in the paradigm of Immigration officers in the Kingdom of Thailand. For example, the ongoing raids occurring throughout Thailand under the Operation X-Ray Outlaw Foreigner program and the follow-on arrests, deportations, and blacklisting associated therewith.

Meanwhile, Immigration Checkpoints at various ports of entry throughout the country have seen multiple postings of signs explaining that there is to be “No Tipping” of Immigration personnel by those entering the Kingdom from abroad. The initiative appears to be especially aimed at those arriving in Thailand in need of a Visa on Arrival. This news came upon the heels of reports that individuals were recently arrested in connection with an immigration matter as it was found that the individuals in question were apparently attempting to use forged documents in order to obtain a Thai visa extension. The upshot of these arrests has resulted in increased scrutiny of those filing applications for Thai visa extension. As of the time of this writing, the heightened scrutiny of extension applications appears to be being applied across the board and not exclusively to cases which may be deemed suspicious. This is resulting in delays and difficulties for many people seeking to extend their non-immigrant visa status in the Kingdom.

It recently came to this blogger’s attention via the Bangkok Post that there are even further developments with respect to Thai Immigration. To quote directly from a recent Bangkok Post article:

The defence minister has ordered the IB to strictly enforce the law against foreign nationals overstaying their visas and those who remain in the country despite their visas having been revoked…Lt Gen Kongcheep added the foreign nationals identity database has to be integrated with the immigration screening facilities at border checkpoints and airports to help identify more quickly those who might pose as a threat to national security. Meanwhile, Pol Maj Gen Surachate announced IB will begin to deport visa overstayers — of which there are at least 40,000 — within a month.

These developments would represent substantial changes in terms of the way Immigration authorities currently enforce the law. Moreover, it is notable that the Immigration database will soon be linked to a more broad identity database which will likely result in better coordination between different government ministries in Thailand. As a result, Immigration authorities will be better equipped to identify and possibly forestall those deemed to be undesirable from entering or reentering the Kingdom.

If there are actually 40,000 individuals currently overstaying their status in Thailand it seems logical to infer that the implementation of these measures along with those previously implemented will result in a large number of such individuals being apprehended and possibly deported from Thailand. It should be noted that those arrested in Thailand for visa overstay are likely to be placed on the Blacklist and precluded from returning to the Kingdom for a prolonged period of time.

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10th April 2010

Visa denial is generally something that most bi-national couples do not wish to discuss, but it is something that should be researched by the prospective visa petitioner as legal grounds of inadmissibility and the I-601 waiver process could be relevant to an individual couple’s Immigration petition and visa application.

In a recent report from the Congressional Research service (distributed by AILA) the issue of visa denial was discussed as the report looked at the reasons for denial and the overall trends in inadmissibility findings:

“Most LPR [Lawful Permanent Residence] petitioners who were excluded on §212(a) grounds from FY1994 through FY2004 were rejected because the Department of State (DOS) determined that the aliens were inadmissible as likely public charges. By FY2004, the proportion of public charge exclusions had fallen but remained the top basis for denial. The lack of proper labor certification was another leading ground for exclusion from FY1994 through FY2004. By FY2008, however, illegal presence and previous orders of removal from the United States was the leading ground.”

The finding of a “public charge” grounds of inadmissibility is related to the affidavit of support. A finding that an alien is likely to be a “public charge” stems from a finding that the sponsor does not have the requisite income and assets necessary to support the alien for whom benefits are being sought. The report goes further to note that Comprehensive Immigration Reform may tackle some of the issues associated with the trends in visa application denials:

“Legislation aimed at comprehensive immigration reform may take a fresh look at the grounds for excluding foreign nationals enacted over the past two decades. Expanding the grounds for inadmissibility, conversely, might be part of the legislative agenda among those who support more restrictive immigration reform policies.”

It is interesting to note that the Immigration system may become more stringent or more lax depending upon the mood of legislators with regard to the issue of immigration. That being said, a more detailed look at the current trends provides insight into the dynamics of the system as a whole:

“[M]ost LPR petitioners who were excluded on §212(a) grounds in FY1996 and FY2000 were rejected because the DOS determined that the aliens were inadmissible as likely public charges. In FY2004, the proportion of public charge exclusions had fallen, but remained the top basis for denial. The lack of proper labor certification was another leading ground for exclusion in FY1996, FY2000, FY2004, and FY2008. By FY2008, however, illegal presence and previous orders of removal from the United States had become the leading ground.”

It is interesting to note that unlawful presence and previous removal had become the leading grounds of inadmissibility cited by the year 2008. This would seem to support the anecdotal evidence and personal experience of this author as more and more prospective entrants to the US seem to be placed in expedited removal proceedings with greater frequency. Also, there seems to be an increasing trend of increasingly zealous enforcement of Immigration law in the USA as illegal aliens are placed in removal proceedings more frequently.

For further information about visa denial please see: K1 visa. For general information about US Immigration from Thailand please see: US Visa Thailand.

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