Integrity Legal

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
Posted in Fiance Visa Thailand, K1 Visa Thailand, US Embassy Thailand, US Visa Thailand, US Visa and Immigration, Visa Waiver, us embassy bangkok | 5 Comments »

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
Posted in Fiance Visa Thailand, US Visa Thailand, US Visa and Immigration, us embassy bangkok | No Comments »

No one wishes to go through the stress of a visa denial. Unfortunately, US Visa denials are a semi-routine procedure at the US Embassy in Bangkok Thailand. For the most part, US Family Visas (Fiance and Marriage) are denied less often in comparison to employment, business, and tourist visas. That being said, denials do occur and information regarding visa denials can be rather scarce. Also troublesome is the prevailing idea, promulgated through some unethical advertisers, that US visa outcomes can be  “guaranteed,” the fact of the matter is: no outcome with regard to immigration can ever be 100% guaranteed. US Immigration law, like any other legal field, can be uncertain. This being said, proper legal advice from an American attorney experienced in US Immigration law could make a difference when it comes to obtaining a positive outcome in a US visa case.

US Visa Denial: Why is the US visa being denied by the Consular Officer?

One of the first determinations that should be made regarding a visa denial is whether the decision from the consular officer is final or whether there is a discrepancy that can be dealt with by presenting more information to the US Embassy. Family Visas like the US Fiance visa and the US Marriage visas will usually have different reasons for denial than an American tourist/business visa.

Tourist Visa Denials

With regard to denials of the US tourist visa, under section 214 (b) of the American Immigration and Nationality Act there is a presumption of “immigrant intent,” that must be overcome in the consular officer’s judgment in order for a US visitor visa to be granted. If the consular officer does not believe that the applicant for a US visitor visa has provided enough evidence to overcome this presumption then the officer will not grant the visa.  If denied one is entitled to refile and have a new interview, but where there is no material change of situation, it is unlikely that a tourist visa will be granted.

221 G Refusals

In the case of US family immigration from Thailand, a very common visa denial is the 221 g refusal.  A 221 g is not a denial so much as a refusal to approve a visa application due to a lack of evidence. When a consular officer issues a 221 g they do so by giving the applicant a form with a checklist of things the applicant needs to produce in order for the visa to be approved. Sometimes the necessary items are difficult to obtain and therefore, at least in Thailand, it may be necessary to obtain a Bangkok Lawyer licensed in the US with experience in immigration law. Sometimes the 221 g requires documentation that is easy to obtain and therefore professional assistance is not necessary.

Visa Denial Based Upon Grounds of Inadmissibility

The Grounds of Inadmissibility are the statutorily created reasons for visa denial as stipulated in the US Immigration and Nationality Act. Most of the Grounds of inadmissibility can be waived by filing an I-601 application for Waiver of the Grounds of Inadmissibility at USCIS. After the visa interview a consular officer will asses the application and make a decision whether or not to grant the visa. Should the visa be denied, then the officer will cite the reason for denial and the ground of inadmissibility, if there is a grounds.  For an inadmissibility waiver for a Thai applicant, the waiver application should be filed at USCIS in Thailand.  There are different factual and legal requirements applicants must meet depending upon the ground of inadmissibility one is seeking to have waived. It is probably advisable to have a US Immigration attorney advise those clients that have an issue that needs to be waived.

Note: None of the above information should be used in lieu of actual individualized legal advice from a licensed US attorney in the reader’s jurisdiction

Tags: Inadmissibility, us embassy bangkok, us embassy thailand, us visa denial, USCIS Bangkok, visa denial Thailand, waiver of inadmissibility
Posted in US Visa Thailand, us embassy bangkok | 2 Comments »

In an earlier post Packet 3 was briefly discussed and explained. This, to a certain degree, begged the question: what is packet 4? Packet 4 is the packet that includes the: pertinent medical exam requirements, interview appointment and information regarding the visa interview at the US Embassy in Bangkok, Thailand. It should be noted that this phase of the US visa process occurs after the petition has been approved by USCIS and the National Visa Center and is pending final approval from the consular officer at the Embassy.

Packet 4 is probably the most important, albeit least discussed, piece of correspondence from the US Embassy because it contains the visa appointment information.

The Visa interview is one of the most daunting aspects of the American Immigration process. One of the reasons for this is the fact that Thai prospective immigrant are sometimes nervous because they lack fluency in English. There is some consolation in knowing that the staff at the American Embassy Bangkok does employ native Thai speakers and the Embassy officials do try to assist non-native speakers of English. That being said, they still are required to perform their job which is, in a way, that of performing due diligence and making certain that the applicant should be granted a visa.

In the case of US Family Visas (the K1 Fiance Visa and/or the US Marriage Visa), the “due diligence,” consists of ascertaining that the underlying relationship is in fact bona fide and making certain that the applicant is not inadmissible for any reason. Preparation for the visa interview often consists of going over possible questions with the applicant so that the best presentation of the underlying bona fide relationship is put forward.

There are certain Grounds of Inadmissibility and if the Thai applicant is inadmissible then the applicant will be denied a visa one must file a waiver application at Bangkok USCIS. The I-601 Waiver of Inadmissibility is discussed elsewhere, but it is mentioned here to explain the possible outcomes of the visa interview.  A finding of inadmissibility is not a common thing in the context of US family Immigration, but it should be noted that it does come up. If worried that one’s record may be grounds for a finding of inadmissibility, one should seek legal counsel. However, one should never lie to the Consular Officers at the US Embassy.  The problem with lying about a ground of inadmissibility is the fact that if one is caught lying (which is highly likely) then they will probably be found inadmissible for both the issue they were trying to cover up as well as lying to the consular officer and if a waiver is sought, then the lie has placed their credibility at issue which could diminish the chance of waiver application approval.

Note: Nothing contained in this post should be used in lieu of legal advice from a competent licensed attorney

Tags: American Embassy Bangkok, American Embassy Thailand, Inadmissibility, Packet 3, Packet 4, US Visa, Visa Interview, Waiver
Posted in US Embassy Thailand, US Visa and Immigration | 3 Comments »