Integrity Legal

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 »

An occasional issue in United States Immigration matters is the termination of one’s lawful permanent residence in the USA (meaning the cancellation of one’s CR1 or IR1 visa). There are some who go to the US with the initial intention of remaining indefinitely, but these peoples’ intentions change and some opt to relinquish their lawful permanent residence. Surrender of one’s lawful permanent residence is facilitated by filing a form called an I-407 (Abandonment of Lawful Permanent Resident Status). Relinquishing one’s lawful permanent residence can be somewhat time consuming and the procedure is somewhat confusing. That being said the website of the American Embassy in the United Kingdom quickly sums up the process.

To quote directly from the website of the US Embassy in the UK:

“Once the U.S. Citizenship and Immigration Services office receives your completed Form I-407 and your Permanent Resident Card, the appropriate documentation stamps will be placed on the form along with the USCIS officer’s signature. A copy of this form will be returned to you in the stamped, self-address envelope you provide. This copy of the completed I-407 is your receipt and it validates the return of your Permanent Resident Card. You should keep a copy of the completed I-407 with your passport when you travel to the United States.”

This quote begs the question: “In what circumstances would a former permanent resident be allowed to visit the United States after formally renouncing their US Permanent Residence?” There are many cases where a former permanent resident wishes to visit the USA in order to see family, friends, or business associates. In many cases, former permanent resident’s opt to apply for a US tourist visa.

Under normal circumstances a tourist visa would be difficult to obtain if the applicant has family and friends in US because under section 214b of the United States Immigration and Nationality Act, Consular Officers at the US Embassy or US Consulate are required to make the presumption that an applicant for a non-immigrant visa such as a tourist visa is an undisclosed immigrant to the USA. This presumption is more easily overcome for those who have relinquished their permanent residence as the act is strong evidence contradicting the presumption of immigrant intent since the applicant has already immigrated once and opted to forfeit his or her immigration benefits.

Generally, US Consular Officers are more prone to issue tourist visas to former permanent residents due to the above analysis. However, this does not mean that the applicant for a tourist visa should not prepare and submit a well founded petition as adjudication of tourist visa applications is highly discretionary.

For more information please see: US Visa Thailand

Tags: American Visa Thailand, US Consulate, US Embassy, US Tourist Visa, US Tourist Visa Thailand, US Visa Thailand, USCIS
Posted in CR1 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, USCIS | 2 Comments »

In a previous post on this blog this author brought up the fact that the Department of State is raising the fees for non-immigrant visas such as the US Tourist Visa, the Exchange Visitor Visa, and the US Student Visa. However, it was not clear just how this proposed fee increase would effect other types of US visas. The Department of State recently promulgated a press release discussing the impact of the proposed rule change. This author came by this press release thanks to AILA. To quote this press release:

“Under the proposed rule, applicants for all visas that are not petition-based, including B1/B2 tourist and business visitor visas and all student and exchange-visitor visas, would pay a fee of $140.

Applicants for petition-based visas would pay an application fee of $150. These categories include:

H visa for temporary workers and trainees
L visa for intracompany transferees
O visa for aliens with extraordinary ability
P visa for athletes, artists and entertainers
Q visa for international cultural exchange visitors
R visa for religious occupations

The application fee for K visas for fiancé(e)s of U.S. citizens would be $350. The fee for E visas for treaty-traders and treaty-investors would be $390. The Department will not begin collecting the new proposed fees until it considers
public comments and publishes a final rule.”

This author added the above italics for emphasis because this is a substantial fee increase compared to the current amount that must be paid in connection with K visas. At the time of this writing, the Consular processing fee paid at the US Embassy in Bangkok or the US Consulate in Chiang Mai is $131. The proposed rule would increase this fee to $350. The US State Department has noted that the increase in fees is necessary because the K1 visa and the K3 visa require more diligent adjudication on the part of Consular Officers. This author would generally agree with this statement as it has been his opinion that Consular Officers diligently investigate and judge these petitions in an effort to provide a fair, thorough, and efficient adjudication. That being said, this fee increase will probably have a major impact upon those who have already filed for K1 and K3 visa benefits. Hopefully, these fee increases will come into effect after a grace period whereby those who filed before the fee increase will be able to enjoy the previously lower fee while new applications will have the fee increase phased in. However, the logistics of this proposal may be cost prohibitive as keeping track of previously filed cases could be highly labor intensive.

For more information on this and other US Immigration matters please see: US Visa Thailand.

Tags: AILA, American Embassy Bangkok, American Embassy Thailand, American Visa Thailand, B1 visa, B2 Visa, Consular Processing, DOS, Exchange Visitor Visa, F1 Visa, J1 visa, K1 Visa, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, us embassy thailand, US Student Visa, US Tourist Visa, US Visa, US Visa Thailand
Posted in F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 1 Comment »

The United States Department of State wishes to amend the current rule regarding the fees to be charged to applicants for non-immigrant visas overseas. The American Immigration Lawyers Association (AILA) has recently released information regarding the proposed rule change. Below is a direct quote from this announcement:

“This rule amends the Schedule of Fees for Consular Services (Schedule) for nonimmigrant visa application and border crossing card processing fees. The rule raises from $131 to $140 the fee charged for the processing of an application for most non-petition-based nonimmigrant visas…The Department of State is adjusting the fees to ensure that sufficient resources are available to meet the costs of providing consular services in light of an independent cost of service study’s findings that the U.S. Government is not fully covering its costs for the processing of these visas under the current cost structure.”

Although it is fairly self evident that this proposed rule change will affect non-immigrant visa categories such as the J1 visa, the F1 visa, the B1 visa, and the B2 visa (commonly referred to as the US Tourist Visa) there is some question as to whether or not this rule change will have an impact upon those seeking a K1 visa or a K3 visa. As can be read in the above quotation, the rule should only impact “non-petition based non-immigrant visas…” As K1 visa applications and K3 visa applications are both based upon an underlying visa petition made to USCIS this proposed rule begs the question: how will it impact K visa applicants?

The K1 visa and the K3 visa are non-immigrant dual intent visas. They are non-immigrant in that they do not allow the visa holder to remain in the United States indefinitely upon entry, but they allow for the bearer to apply for adjustment of status at a later date (provided certain prerequisites are met; in the case of the K1, marriage to the original petitioner).

This author believes that is is likely that the final rule will include a provisions raising the fees for the K visas as well as the other non-immigrant visa categories. Immigrant visa fees are in a separate category and for those filing a petition in the USA, these fess are paid directly to the National Visa Center (NVC). Many people are under the mistaken impression that in family visa cases the fees paid initially to USCIS are all-inclusive. This is not the case as the US Embassies and US Consulates are under the jurisdiction of DOS while USCIS is under the jurisdiction of the Department of Homeland Security (DHS) therefore, processing fees must be made to each agency at different stages.

Tags: B1 visa, B1 Visa Thailand, B2 Visa, B2 Visa Thailand, DHS, DOS, dual intent, F1 Visa, F1 Visa Thailand, J1 visa, J1 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, NVC, US Tourist Visa, US Tourist Visa Thailand
Posted in Adjustment of Status, F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 1 Comment »

When visa applications are submitted they process through the US Immigration system. The process depends upon the type of visa being sought. In situations in which applicants are seeking a K1 visa, K3 visa, CR1 visa, or IR1 visa the process is often routine, but many get through the entire process to find themselves confronted with a 221(g) refusal. AILA recently distributed an article dealing with this issue as it now has an impact upon those who utilize the Visa Waiver program and ESTA (the Electronic System for Travel Authorization) when traveling to the USA. To quote the publication’s section on 221(g) refusals:

“Section 221(g) of the INA provides for a temporary refusal when an otherwise qualified visa applicant is found to be lacking a specific document, or when a consular officer determines that additional security clearance is required. Consular officers beneficially use 221(g) as a way of affording applicants every opportunity to supplement their applications in order to address concerns – such as possible fraud – that arise at the visa interview. Once the deficiency is satisfied, or the concern resolved, 221(g) refusal is “overcome” and the visa may be issued.”

221(g) denials can truly be a boon to both the Consular Officer and the Immigration attorney as it provides a clear indication of what needs to be presented in order to facilitate visa issuance. That being said, Consular Officers can re-issue 221(g) refusals, but this rarely occurs as many officers seem to make a point of ensuring that all other documents are compiled before issuing an initial 221(g).

Many people wish to know information regarding common reasons for 221(g) refusal. AILA provides a brief overview of the common reasons for this type of denial. To further quote the aforementioned publication:

“1. The applicant is asked to provide additional supporting documents, such as proof of local employment;
2. The applicant is employed in a field listed on the Technology Alert List (TAL) and the consular officer requests a Visas Mantis Security Advisory Opinion (“SAO”). (This is one of the most common scenarios in which applicants in India, China and elsewhere are told their applications require “administrative processing.”)
3. The consular officer requests an Advisory Opinion from the Visa Office on the applicability of one of the statutory grounds of inadmissibility.
4. There are no empty visa pages in the applicant’s passport, or the application photograph does not meet quality standards.
5. The applicant’s petition approval is not yet listed in PIMS.”

In many cases, 221(g) refusals are routine and they usually do not have a detrimental impact upon travelers to the USA. However, in recent months it has been announced that the Customs and Border Protection (CBP) Service treats 221g refusals as denials when posing the question “have you ever been denied a visa to the USA” on the ESTA registration form. It would appear that the ESTA system “red flags” those who have been “denied” a prior visa and asks that some of these applicants receive an actual visa (in most cases a US tourist visa) before traveling to the USA which could cause delays to those wishing to enter the country.

Currently, the Kingdom of Thailand does not participate in the American Visa Waiver Program so this issue with CBP will have little impact for Thai nationals traveling to the United States. However, people in Thailand who hold the nationality of a country which participates in the Visa Waiver Program may be effected by this new regulation if they are presented with a 221(G) denial by a Consular Officer at the US Embassy in Bangkok.

Tags: AILA, American Visa Thailand, CBP, CR1 Visa, CR1 Visa Thailand, ESTA, IR1 Visa, K1 Visa, K1 Visa Thailand, K3 Visa, K3 Visa Thailand, US Tourist Visa, US Visa, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

After the tragedy of 9/11 many changes were made with regard to Homeland Security. Specifically, a Department of Homeland Security (DHS) was created and many tasks previously undertaken by other agencies were brought under the jurisdiction of DHS. One example is the United States Customs Service which was reincorporated into the Department of Homeland Security as the Customs and Border Protection (CBP) Service. This agency is responsible for patrolling the borders and ports of entry to the United States of America. They are also responsible for screening those who enter the United States of America either on a US passport, US visa, or US visa waiver. CBP plays an integral part in the US Immigration process.

Prior to this publication, there has been a rumor circulating that those who wish to enter the United States of America must fist obtain a vaccination for the H1N1 influenza vaccination. As a matter of fact, this is not true. Apparently this rumor is unfounded. AILA has provided a quote from a statement from the Customs and Border Protection Service:

“[United States] Customs and Border Protection would like to address rumors regarding U.S. entry requirements and the H1N1 virus: Travelers do NOT need to present proof that they received the H1N1 flu vaccine in order to enter the United States. No such vaccination requirement exists. Travelers are encouraged to visit the Department of Health and Human Services Flu Web site for current information on seasonal flu prevention, and the “Know Before You Go” section under the Travel tab of the CBP Web site for helpful traveler tips.”

For those seeking entry to the United States a flu vaccination is not required at this time.

In recent years CBP has been granted more and more authority to deal with real time situations. This leads many to wonder just how much authority CBP has. This is an interesting question as they are given major discretionary powers with regard to those seeking entry to the United States. For example, CBP is authorized to place foreign nationals into expedited removal (deportation) proceedings if they deem it necessary. One who has been removed through expedited removal could be barred from reentering the USA for as long as five years. That being said, this only seems to come up in the context of US Family Immigration when the loved one of a US Citizen is improperly using a US tourist visa for undisclosed immigration purposes. In situations such as this, CBP may feel it necessary to use expedited removal to send the subject back to their home country. Therefore it is usually wise to process things correctly and utilize the proper visa for a loved one traveling to the United States.

Tags: B2 Visa, CBP, Customs and Border Protection, Flu Vaccine, H1N1, Tourist Visa, US Immigration, US Immigration Thailand, US Tourist Visa, US Visa, US Visa Thailand, Visa Waiver
Posted in Legal Opinion, Miscellaneous, US Tourist Visa, US Visa and Immigration, US Visa Thailand, Visa Waiver | No Comments »

The passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) has had ramifications that routinely affect immigrants and non-immigrant entrants attempting to enter the US even today. This legislation greatly changed United States Immigration law and procedure.  At the time, IIRIRA was intended to target illegal immigration to the USA. Unfortunately, many of the provisions contained in IIRIRAhave had a critical impact upon legal immigration to the US. This article will explain one of the major powers granted to Customs and Border Protection Officers under IIRIRA: Expedited Removal

When IIRAIRA was passed its provisions Amended section 235 of the Immigration and Nationality Act (INA) to allow for the expedited deportation of foreign nationals who could be deemed inadmissible under either section 212(a)(6)(C) (fraud or misrepresentation) or section 212(a)(7) (lack of documentation) of the INA. The provisions do not call for the decision to be subject to appeal and as a result, a foreign national subjected to expedited removal does not enjoy the same level of due process that most American Citizens take for granted.

If one is subjected to expedited removal, then that alien cannot gain admission to the USA for a period of 5 years. If the alien is subsequently expeditiously removed, then they will be inadmissible to the USA for 20 years. If an alien is subjected to expedited removal, it may be possible for the alien to reenter the USA within their period of inadmissibility, but the alien must first apply for advance permission to reenter the USA, which is akin to an I-601 waiver in that the advance permission must be granted before the alien will be given leave to reenter the country.

Expedited removal should be of particular interest to those seeking to bring their Thai fiancee or spouse to the US on a tourist visa. It is a common misconception that tourist visas can be used to bring a significant other to the US to marry and apply for adjustment of status. Firstly, the US tourist visa is not a dual intent travel document. A tourist visa is intended strictly for those with non-immgrant intent. Therefore, it is unlawful for a foreign fiancee to travel to the USA with undisclosed immigrant intent. That being said, as a practical matter this does happen.  The Customs and Border Protection (CBP) Service can use expedited removal to turn away those attempting to enter the US on a tourist visa if they suspect that the entrant has undisclosed immigrant intent pursuant to section 212(a)(7) of the INA.

This author, along with colleagues in Southeast Asia, has noticed a recent rise in the number of expedited removals of Thais initiated by CBP. In nearly every case, the Thai being removed was the significant other of a US citizen. The Thai nationals removed in these cases were traveling to the US on either a tourist visa or a student visa. Due to this seemingly new trend, it is now more imperative than ever for Thai fiancees and wives of Americans to use the proper K1 fiance visa, K3 marriage visa, or Immigrant visa to travel to the United States.

Tags: American Visa Thailand, expedited removal, IIRAIRA, Illegal Immigration Reform and Immigrant Responsibility Act, K1 Visa, K1 Visa Thailand, K3 Visa, Tourist Visa, US Tourist Visa, US Visa Thailand
Posted in General Legal Information, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Legal Opinion, US Tourist Visa, US Visa and Immigration, US Visa Thailand, Visa Waiver | 3 Comments »

Every year, many people from all over the world enter the United States of America and remain temporarily. As previously mentioned on this blog and on this website, there are many different types of non-immigrant visas for those who wish to go to the United States and remain for a short period of time or for a particular endeavor which has a definitive chronological endpoint.

United States Tourist visas are a prime example of a non-immigrant category visa that can grant the applicant a long duration of stay. This type of visa is meant for those entering the USA for recreational purposes who intend to leave after their vacation has ended. US Student visas are meant for those who are traveling to the United States to engage in a course of study. Finally American Exchange visitor visas are designed for those who wish to travel to America to live and/or work in a travel exchange program.

With any of the aforementioned visa categories the underlying visa’s validity has an end date. When the non-immigrant visa’s expiration date arrives, the applicant must either depart the United States or seek an extension. An US visa extension is similar to a Thai visa extension in that the applicant must apply for the extension while in the country and if granted, the applicant may remain for longer than the initial visa’s validity.

Those who do not depart or extend are considered in violation of their visa as they are overstaying its validity. In US Immigration circles, the alien is deemed to be in the United States “on overstay.” The longer a violator remains in the United States the higher the probability that the violator will be caught and either removed from the country or given the option to voluntarily depart.

After departing the United States due to overstay, the alien may be deemed inadmissible depending upon the duration of the overstay. Further, the duration of the bar on reentry depends upon how long the violator overstayed. The alien could be subjected to a 10 year bar if he remained in the US without lawful status for a long enough period of time.

In cases involving inadmissibility based upon overstay it may be possible to obtain a waiver of the inadmissibility. The applicant will need to file an I-601 waiver in order to clear up the overstay issue because if the waiver is granted the applicant will be allowed to reenter the country on either an immigrant or non-immigrant visa.

If the alien was removed from the United States because of an overstay, it may be necessary to file an I-212 application for permission to apply for reentry. That being said, either application is approved only at the discretion of the adjudicating officer at the United States Citizenship and Immigration Service.

Tags: American Visa Thailand, I-601, I-601 Waiver, I601, I601 Waiver, Inadmissibility, overstay, US Student Visa, US Tourist Visa, US Visa Thailand, US Visa Waiver
Posted in F1 Visa Thailand, J1 Visa Thailand, Legal Opinion, Miscellaneous, Thailand Visa, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS, Visa Waiver | No Comments »

Under Section 214b of the Immigration and Nationality Act, a Consular officer can deny a non-immigrant visa (J1, F1, B1, B2) if they believe that the foreign applicant has not overcome the statutory presumption that they are actually an intending immigrant. In some cases, a consular officer may grant a tourist visa application, but the foreign national will be refused entry upon arrival in the United States of America.

How can a foreign national be granted a visa and still be denied entry to the United States? There is a common misconception that visa application approval creates a “right” to enter the United States of America. In fact, Customs and Border Patrol (CBP) Officers have the discretion to turn away alien nationals if they believe that there is a ground of excludability. If a CBP officer reasonably believes that an ostensible non-immigrant actually has immigrant intent, then they have the right to deny entry and it is further within the officer’s discretion to use expedited deportation to remove the prospective entrant.

The following paraphrases the INA:

According to section 212(a)(7)(A)(i) of the United States Immigration and Nationality Act (INA), any immigrant who, at the time of application for admission:

is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the Immigration and Nationality Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the INS regulations, or whose visa has been issued without compliance with the provisions of the Immigration and Nationality Act is excludable [from the United States].

A waiver is available under INA §212(k) where the Attorney General is satisfied that the exclusion was not known to, and could not have been ascertained by the exercise of reasonable diligence by, the immigrant before the time of departure of the vessel or aircraft from the last port outside the United States and outside foreign contiguous territory or, in the case of an immigrant coming from foreign contiguous territory, before the time of the immigrant’s application for admission.

The powers of CBP officers described above illustrate the reason for seeking a proper visa rather than attempting to circumvent the Immigration rules. For example, there are some Americans who have a Thai loved one and they wish to bring them to the USA for the purpose of marriage and adjustment of status to lawful permanent residence. Generally a K1 visa (also known as a fiancee visa) would be the proper travel document for this purpose. However, some opt to pursue a US Tourist visa because the K1 visa has a processing time of approximately 6-7 months whereas a tourist visa generally takes a few weeks to acquire if the application is approved. Even if the visa application is approved, denial at the port of entry poses the risk of expedited deportation as well as the underlying monetary loss due to the fruitless visa application as well as travel expenses to get to the port of entry and be turned away. Removal from the United States can later be used to bar admission particularly if an Immigration officer finds that the entrant was intentionally misrepresenting themselves. In a situation such as this, the only way to remedy the inadmissibility could be the use of an I601 waiver.

Entry denial does not automatically lead to expedited deportation, the CBP officer has the discretion to allow the prospective entrant to withdraw their request for entry and leave at their own expense, but improper usage of non-immigrant visas does include the inherent risk of removal and those seeking entry to United States of America should bear this in mind when researching US Immigration issues.

Tags: 212, 212a7, American Visa Thailand, I601, Immigration and Nationality Act, INA, intending immigrant, K1 Visa Thailand, US Immigration Thailand, US Tourist Visa, US Visa Thailand
Posted in Adjustment of Status, F1 Visa Thailand, Fiance Visa Thailand, J1 Visa Thailand, K1 Visa Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Being denied for a visa to the United States of America is certainly not something that people researching the immigration process wish to think about. However, visa denials do occur and by understanding the reasons for denial it may allow prospective immigrants to make more informed decisions regarding their immigration strategy.

When it comes to American Family Immigration a common miscalculation involves applying for a US Tourist Visa on behalf of a foreign loved one. For example, if an American Citizen has a Thai fiancee and he attempts to assist in obtaining a US Tourist Visa for her, it will very likely result in a denial of the visa application. This is not due to some sort of malevolent feeling on the part of the United States Consular Officers, but it is rooted in American Immigration law.

It is probably best to simple quote the US Department of State website:

“Section 214(b) is part of the Immigration and Nationality Act (INA). It states:

‘Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status…’

To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101(a)(15)(B) or (F) of the INA respectively. Failure to do so will result in a refusal of a visa under INA 214(b). The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant.”

Overcoming the presumption of immigrant intent has always been a somewhat major obstacle, but visa denials under this section of the law became more prevalent after the tragedy of September 11, 2001. After 9/11, there were some changes made in the way that non-immigrant visas were processed. A particularly critical change was the requirement that the applicant for a United States tourist visa be interviewed in person. This requirement, combined with increased scrutiny and heightened security concerns lead to more Tourist visa denials. In many cases, the denials were based upon section 214 (b) because the applicants failed to show that they were going to return to their home country, or, at the very least, leave the USA.

Where the foreign applicant is a loved one of a US Citizen, particularly where the Citizen primarily resides in the USA, it is unlikely that the tourist visa application will be approved unless that applicant can show sufficiently “strong ties,” to their home country. However, to forestall needlessly wasting of time and resources, it may be wise for a couple to look into the prospect of submitting a K1 visa application or seek to obtain a K3 visa. The K1 visa is a travel document which allows a temporary stay in the United States, but leaves room under the Doctrine of Dual Intent to allow for the visa holder to adjust status to US permanent residence.

Tags: 214 b, 214(b), 21b, immigrant intent, K1 Visa Thailand, K3 Visa, Tourist Visa Denial, Tourist Visa Denied, US Immigration Law, US Tourist Visa, us visa denial, US Visa Denied, US Visa Thailand
Posted in K-3 Visa Thailand, K1 Visa Thailand, US Tourist Visa, US Visa Thailand | No Comments »