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Chaninat & Leeds



US Immigration Applications and Waivers of Inadmissibility

Article Summary: The following article will be of particular use to American Citizens wishing to submit applications to the US Embassy for K1 or K3 fiance or marriage visas for citizens of Thailand who are their partner or spouse. In addition to discussing grounds for inadmissibility, such as employment in a go-go or hostess bar deemed as prostitution, the article includes information on waivers, such as the Application for Waiver of Ground Excludability (Form I-601). Also, practical information is provided, including the address, office hours, and jurisdiction of the Department of Homeland Security, Bangkok District Office, located near the US Embassy in Thailand.

Part 2: Provides practical information pertaining to visa denials and WAIVER APPLICATIONS
Part 3: Discusses the FACTORS USED IN DETERMINING WHETHER TO GRANT A WAIVER as well as PROSTITUTION IN THAILAND as grounds for inadmissibility:
Part 5: Gives specific information on WAIVERS AVAILABLE FOR OTHER GROUNDS


Summary: This part will provide information about problems that citizens of Thailand may have when applying for US visas (i.e. K1 or K3 fiance or marriage visas), and the guidelines the US Embassy of Thailand and the Department of Homeland Security BCIS employ for grounds for inadmissibility, such as criminal behavior, including employment related to prostitution.

Introduction: In the wake of the attacks on the World Trade Center in New York, it has become increasingly difficult for Thai people to obtain visas to enter the US. This is particularly true for individuals with a history marred by any criminal activity, no matter how inconsequential. These problems are not limited to Thais (or any other foreign nationals) who simply wish to visit the US for marriage, tourist, education, or business purposes. It also has affected those who are already in the US legally and find themselves barred from the US on return from visiting their homeland or another foreign country.

In the following paragraphs we will discuss the particulars of the US policy to deny entry based on the US Government's current grounds for inadmissibility and how and when exceptions or waivers may be applicable. While there are a variety of causes for why an individual may be deemed inadmissible or removable from the United States, there are waivers available for some, but not all of these reasons or situations. We will explain when and how such waivers are available, discuss the situations in which they are not, and provide general guidelines for navigating the application process.