US Immigration Visa Applications and Waivers of Inadmissibility

By Chaninat & Leeds, US Immigration Lawyer Thailand

Summary: Part 2 provides information for citizens of Thailand and their American fiancés or spouses when undergoing US Visa Waiver Thailand applications in the event their US K1 or K3 marriage or fiancé visa application is denied. It explains how consular officers of the US Embassy in Thailand and the Bangkok District office of the Department of Homeland security process waivers following K1 and K3 Thailand application inadmissibility and which paperwork is normally required.

WAIVER APPLICATIONS: PRACTICAL CONSIDERATIONS

In the event an application for a US visa is denied on grounds of excludability, the next step would be to apply for an US visa waiver. Waiver applications are typically presented to the USCIS office for that region. The USCIS regional office is located in: Department of Homeland Security: Bangkok District Office, Sindhorn Building - Tower 2, 15th Floor, 130-132 Wireless Road for a decision.

A USCIS official, may, in the process or handling a waiver application, interview the individual and other qualifying individuals, and make efforts to complete that

Some of the information that may be useful for filing a waiver may include:
a. Letters of reference from individuals who can personally and knowledgeably vouch for the applicant's character and reputation in the community;
b. A letter from the applicant's employer stating the applicant's job title and period of employment;
c. An affidavit from the applicant addressing the 3 main criteria for entering the United States;
d. Copies of any prior criminal conviction records and/or letters from physicians, if applicable;
e. Documentation regarding previous waiver applications; and
f. Evidence showing extreme hardship to us citizen spouse or family.

The opportunity to apply for a US visa waiver Thailand is at the discretion of the consular officer who denied the applicant’s visa application. The granting or denial of the waiver application is in the discretion of the USCIS. Again, the USCIS does not have an official policy that is available to the public concerning “bar girls” or women who have had employment in hostess or “go go” bars. Individuals and their situations are evaluated on a case by case basis by the consular and officer and USCIS official handling their cases. Since one of the grounds for a waiver of inadmissibility is extreme hardship to a spouse, some persons consider applying for a marriage visa rather than a fiancé visa when inadmissibility issues are suspected. However, all factors should be taken into consideration and professional assistance should be sought before making any final decision.

Part 3