Integrity Legal

12th May 2009

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.)


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