Integrity Legal

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:

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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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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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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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What is NVC?

The process for obtaining US Immigration benefits can be cumbersome at times,  but overall is generally smooth provided one understands the process or retains the services of an attorney with experience in immigration matters.

An often asked question regarding the visa process is: what is NVC and what do they do? NVC is an acronym that stands for National Visa Center. The National Visa Center is government office under the jurisdiction of the United States Department of State. NVC is located in Portsmouth, New Hampshire. The mandate of the National Visa Center is to process visa applications and ensure that visa petitions filed inside of the US for beneficiaries living abroad are transferred to the post with jurisdiction over the beneficiary’s home.

The National Visa Center is also responsible for collecting immigrant visa fees as well as certain documentation that will be needed in order for the consular officer to effectively adjudicate a US Visa application.

NVC processing: Non-Immigrant vs. Immigrant Visas

National Visa Center processing is more complicated and time consuming when it comes to US Immigrant Visas as opposed to Non-Immigrant visas. One of the activities that the National Visa Center routinely does is security clearances and background checks on those seeking to come to the United States. Since September 11, 2001 the National Visa Center has played an integral part in ensuring that visa applicants are properly screened in order to be assured that they do not pose a threat to United States security.

The National Visa Center (NVC) is sometimes confused with the NBC or National Benefits Center which is tasked by USCIS with maintaining processing pre-interview documentation for immigration interviews in the USA.

For those seeking to bring a Thai fiance to the United States on a K1 Visa, the processing at the National Visa Center will likely be faster than for those seeking to obtain an immigrant visa for their Thai loved one. This also holds true for the K3 Visa from Thailand for the supplemental I-129f petition. In any case, after the visa petition is approved by USCIS it is forwarded on to the National Visa Center and upon approval from that agency will be sent to the US Embassy or Consulate General.

Depending upon the caseload of the NVC at any given time it can take anywhere between 2 and 8 weeks to process a petition and forward it to a post abroad. However, this is merely an estimate and the processing time for all US agencies varies.

When filing a US Visa petition locally at USCIS in Bangkok, the National Visa Center does not enter into the process as the petition is forwarded literally across the street to the US Embassy in Bangkok.

(Note: Nothing in this document should be viewed as creating an Attorney-Client Relationship. Also, nothing written herein should be taken as a substitute for individualized legal advice from a licensed attorney.)

Tags: CR1 Visa, IR1 Visa, K1 Visa, K1 Visa Process, K3 Visa, National Visa Center, NVC, us embassy bangkok, US Visa Thailand
Posted in Fiance Visa Thailand, National Visa Center, US Visa and Immigration, US Visa Thailand | 3 Comments »

An extremely popular question asked by those seeking to bring a loved one to the United States from Thailand revolves around whether it is possible to obtain a tourist visa from the US Embassy in Bangkok. The crux of the problem with tourist visas comes down to an inability of most applicants to overcome the consular officer’s presumption of immigrant intent.

Tourist Visas and Immigrant Intent

Under section 214 (b) of the United States Immigration and Nationality Act, a consular officer at a diplomatic post is required to presume that all applicants for a non-immigrant visa actually are intending immigrants. In order for an applicant to overcome this presumption, they must produce evidence which denotes that the applicant has a compelling reason to return to Thailand after visiting the United States. Evidence of a compelling reason to return to Thailand includes: Employment in Thailand at a high salary (the salary itself is not so much of likely interest to a consular officer per se, but the fact that a high salary is not something most people abandon), strong family ties to the Kingdom,  and investments in Thailand that are difficult to abandon (real property, small business, etc.). This list is not exhaustive, but is simply intended to give an idea of what consular officers are looking for when determining whether an applicant has overcome the presumption of immigrant intent.

Is a US boyfriend or husband a “poison pill,” for a Thai’s US Tourist Visa Application?

Some people believe that the presence of an American as the Thai’s primary partner in a relationship causes an automatic denial of a tourist visa application. The author does not believe this to be the case. Instead, where the Thai applicant has an American significant other, the applicant must still show that they overcome the presumption of immigrant intent. The difference when there is an American present comes down to showing that the couple is not utilizing a tourist visa to circumvent the conventional method for immigrating to the US by entering on a tourist visa and attempting to regularize status and obtain permanent residence. Put simply, the couple needs to show that they are using the visa for its legitimate purpose: tourism.

If a K1 Visa is a non-immigrant visa, why can a Thai fiancee remain in the USA on it?

In a way, the K1 Visa is a fusion of elements of both the non-immigrant and immigrant visas. The visa allows the Thai fiance to enter the US for 90 days for the sole purpose of marriage to a US Citizen and adjustment of status in order to remain in the USA. The visa was created to allow couples the opportunity to see if a marriage will work and if the couple decides that it will, then status adjustment is permitted. So the visa is non-immigrant insofar as it has a definitive expiration date, but if the K1 visa holder complies with the visa and decides to marry stateside, then they can remain in the USA with a minimum amount of legal difficulty.

Please note: None of the above should be construed as creating an attorney client relationship nor should be used in lieu of legal advice from a competent licensed attorney

Tags: Fiance Visa Thailand, K1 Visa Thailand, tourist visa thailand, us embassy bangkok, US Visa Thailand
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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
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Finding an American Immigration attorney in Thailand can be somewhat difficult due to the fact that there are quite a few “con-men” claiming to be visa experts in the Kingdom of Thailand. They range from people outright lying about being US Visa Lawyers to “visa agents” who claim they can assist in preparing Immigration forms for submission to USCIS or the US Embassy. In reality only a licensed American Attorney is allowed to represent clients before USCIS (Immigration).  Perhaps it is best to quote the USCIS website:

“Notarios, notary publics and immigration consultants may NOT represent you before USCIS. They may not give you legal advice on what immigration benefit you may apply for or what to say in an immigration interview. These individuals may NOT hold themselves out as qualified in legal matters or in immigration and naturalization procedure and may only charge nominal (inexpensive) fees as regulated by state law. In many other countries, the word “notario” means that the individual is an attorney, but that is not true in the United States. Individuals seeking help with immigration questions should be very careful before paying money to non-attorneys.”

Former Commissioner of the INS (now USCIS)  Doris Meissner at one point released a memo stating, “Only attorneys and accredited representatives may engage in the practice of law before the Service.” There are exceptions to this rule, but Meissner continued, “These exceptions are available only if the person receives no payment for the appearance.” She also wrote that the “practice of law includes advising individuals concerning the selection, completion, and filing of Service forms (such as petitions or applications), in addition to actually appearing before the Service officer… Even advice limited to something as simple’ as selecting and completing the proper Service forms constitutes the practice of law, since this depends on a legal conclusion that the client is eligible for the particular benefit.” For more on this memo and its effect on immigration consultants in the USA please click here.

Only an attorney licensed to practice law in at least one US state, territory, commonwealth, or the District of Columbia may represent clients in Immigration matters before USCIS. Therefore, any “visa agent” or “immigration consultant” that is claiming that they are a US Visa Lawyer and have the right to represent people before USCIS is lying.

The day before writing this post I personally went to the US Embassy in Bangkok in order to respond to a 221g refusal in the process of providing the information I spoke with a consular officer who probed me about my credentials. I showed him my state and federal bar cards and he very politely informed me that he apologized for any inconvenience, but he just wanted to ensure that I was duly licensed. This would similarly occur at USCIS if I had been representing a client there. Had I not been a licensed attorney, I do not know what would have happened. Although I have an idea because the consular officer explained that security had already been called. Had I not been able to produce the proper credentials I think I would have been escorted out.

For more Information about retaining the services of a licensed American Immigration Attorney in Thailand please see US Visa Lawyer Thailand

Note: None of the above information should be used as a substitute for advice from a competent US Immigration Attorney

Tags: us embassy bangkok, us embassy thailand, us visa attorney bangkok, us visa attorney thailand, us visa lawyer, us visa lawyer bangkok, us visa lawyer thailand
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What is Advance Parole?

It is an immigration travel document conferred by the USA.

Unlike a re-entry  permit, advance parole is granted to those who have yet to obtain lawful permanent resident status.  For the purposes of this post we will discuss advance parole with regard to the K1 Visa. Since the K1 Visa is a non-immigrant single entry visa  advance parole may be a necessity if one enters the United States and would like to subsequently leave after entry with permission to return upon the same visa. This is especially important in terms of adjustment of status. When a Thai spouse enters the USA on a K1 Visa she must adjust status in order to obtain lawful permanent residence (a “Green Card,” to use the colloquial term). Should she leave the US while the adjustment is still processing, her adjustment application will be canceled and the visa process will have to start all over again in order for her to re-enter the USA. Therefore, advance parole is a very important concept in terms of US Family Immigration. (Although a K-3 Visa is a non-immigrant visa it is a multiple entry visa so the issues of advance parole aren’t as important)

Advance Parole and US Possessions and Territories

In previous articles about advance parole, I have written about my hesitance to advise those in the USA on a K1 Visa to travel to certain possessions of the United States. I still renew this caution, but I believe some clarification of the travel issue can be found in the definition of “United States” found at 8 CFR Chapter 12 Subchapter 1 § 1101 (a) (38):

“The term “United States”, except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.”

This definition begs the question, “What about other possessions of the United States?”

Advance Parole Document

The United States is also in possession of : American Samoa, Palau, the Northern Marianas Islands, and the Marshall Islands. The United States is also in a compact of Free Association with the Federated States of Micronesia. It would appear from the definition of “United States,” provided in the Immigration and Nationality Act that one would need to obtain advance parole in order to travel to any of these minor US outlying possessions because they are not part of the United States for the purposes of the Immigration and Nationality Act.

I think it may be wise to look at issues of advance parole on a spectrum:

Travel within the 50 US States: No need for Advance Parole

Travel to Puerto Rico, the US Virgin Islands, or Guam after entry into the US on a K1 Visa: it would appear that one can travel to these possessions, but there may be an issue because these territories are not technically within the USA. I would strongly recommend against traveling to these locations (unless absolutely necessary and after consultation with a competent US visa lawyer in your jurisdiction)  until after the adjustment of status process is complete.

Travel to American Samoa, Palau, the Northern Marianas Islands, and the Marshall Islands: Pursuant to the INA’s definition of “United States” it would be highly inadvisable to travel to one of these places without first obtaining advance parole because these locations do not fall within the definition of “United States,” as the author reads it.

Travel to any other state not mentioned above: Advance parole a definite necessity.

Hopefully, this post has shed some light upon this subject, but as always, do not use any of the above as a substitute or in any way in lieu of legal advice from a competent licensed attorney with experience in US Immigration matters.

Tags: advance parole, Fiance Visa, Fiancee Visa, K1 Visa, us embassy bangkok, US Visa, us visa lawyer
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Many people become concerned when it becomes time to prepare for the visa interview at the US Embassy in Thailand. Since the US Visa obtainment process can be a true, “hurry up and wait” game there are sudden flurries of activity followed by lulls of inaction. Packet 3 can be a stressful time for the Thai-American couple because it requires a great deal of document gathering and compilation. This is difficult for Americans gathering documentation, but for a Thai fiancee or spouse it can be nearly overwhelming. In some cases, people opt to hire a US visa lawyer in Thailand, but some opt to compile the necessary documentation on their own. Whichever path is taken, this post will shed some light upon what packet 3 is and what needs to be done to fulfill the packet 3 requirements before the Visa interview at American Embassy in Thailand.

What is Packet 3?

Packet 3 is the list of documentation and instructions for the visa interview at the US Embassy. Non-Immigrant Visa Applicants (K1 Visa and K3 Visa) will receive packet 3 from the Embassy in Thailand.  Immigrant Visa applicants (CR-1 and IR-1 Visas) will receive packet 3 from the National Visa Center rather than the US Embassy in Bangkok. The National Visa Center conducts a more extensive background check on immigrant visa applicants due to the fact that an immigrant visa confers permanent residence upon entry into the USA.

Some of the documentation can be difficult to obtain. This is especially the case in situations in which the applicant is registered on a Tabien Baan in a province far from Bangkok and must obtain documentation from the Amphur in his or her home amphur office. Name change certificates are one of the most sought after pieces of documentation that is difficult to obtain because they must be obtained from the Amphur and Thais tend to change their names far more often than Americans due to the fact that name change is a much less difficult endeavor for Thais.

Having an attorney with knowledge regarding the US Immigration process can be extremely helpful for getting a jump-start on the packet 3 process. Having foreknowledge of what documents are needed for packet 3 can greatly speed up the process because one can inform the Thai applicant as to what is needed beforehand and thus prepare accordingly.

For more in depth instructions regarding packet 3 click here

Please note:  nothing in this post should be taken in lieu of competent advice from an attorney and no decisions regarding any aspect of US Immigration should be made without extensive research and thoughtful calculation.

Tags: American Embassy Thailand, K1 Visa Thailand, K3 Visa Thailand, Packet 3, us embassy bangkok, us embassy thailand, US Immigration Thailand, US Marriage Visa, US Visa Thailand
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There is some confusion about 221 (g) refusals for US Visas from Thailand. A 221 (g) request is a refusal to grant a US Visa without further evidence. When the Consular Officers are deciding whether to issue a US Visa (for our purposes we will look at it from the context of K1 Fiance Visas, K3, or CR1 Marriage Visas) they are essentially performing a due diligence search in order to ensure that the applicant is who they say they are and are traveling to the USA for a valid purpose (in this case the reason for traveling is a family relationship to the US petitioner).

Some couples become quite distraght when a 221 (g) is issued and it can be quite inconvenient particularly in instances where the applicant is originally from a distant area of Thailand. This can be especially troublesome if the applicant’s household registration (tabien baan) is in a distant locale and it is difficult for them to travel there. Often documents are required from the local amphur office in th disrict where the applicant’s household registration exists. Although it may be a routine matter for the Embassy to issue these type of requests, it can be a major endeavor for the Thai applicant to obtain the necessary documentation.

221 (g) refusals generally allow the applicant one year to obtain the requested documentation before the Embassy will destroy the file. Failure to respond to the request for evidence could result in the underlying petition being cancelled and the process to begin anew.

Us Visa

To avoid 221 (g) refusals it may be wise to enlist assistance of an immigration attorney in an effort to forestall a 221 (g) denial. It should be noted that even with assistance of counsel a 221 (g) refusal may still be issued and further documentation needed. Consular Officers have wide discretion as per the doctrine of consular absolutism and therefore requests for further documentation should be taken seriously and responded to in a timely manner.

Tags: 221 (g), us embassy bangkok, us embassy thailand, US Visa Thailand, visa denial
Posted in General Legal Information, Thailand Visa, us embassy bangkok, US Visa Thailand | 8 Comments »