US Visa Denial Waivers

This series of articles discusses US visas and their use in bringing a Thai fiancee to the USA. In this piece we will be discussing the options a Thai-American couple has in the event a US visa is denied by the US Embassy in Bangkok.

Trumpeted worldwide as the "Land of Smiles," Thailand is one of the most beautiful and enticing countries on Earth. An added bonus on top of Thailand's natural beauty is the natural beauty, grace, and charm of Thai women. Many travelers arriving in Thailand find themselves not only captivated by Thailand, but by the Thais as well.

Although it is not a topic that most people wish to discuss, the fact remains that K1 fiancee visa denials do happen and there are strategies and legal remedies for almost all types of K1 denials. There is a somewhat common misconception that adverse decisions from the US Embassy can be appealed. In reality, nearly all decisions made by consular officials cannot be appealed. The doctrine of consular absolutism holds that the decisions made by consular officers are final and beyond appeal, therefore any decision made regarding the disposition of a K1 visa case would be a decision with no recourse for appeal.

So what can one do when a K1 visa application is denied? First it must be determined why the application was denied. If the application was denied based upon a factual determination that the relationship was not bona fide, then that determination is likely not subject to an appeal process. If, however, the decision was based upon a legal finding of inadmissibility then that ground of inadmissibility may be waived.

A waiver of inadmissibility can generally be obtained by filing an I-601 application for a waiver with United States Citizenship and Immigration Services (USCIS). In Thailand, the two more common grounds of inadmissibility are based upon a finding that the beneficiary overstayed in the USA on a previous visa or a presumption that the beneficiary was involved in prostitution. Another often seen ground of inadmissibility in Thailand involves a beneficiary who has committed crimes of moral turpitude in the past. Any of the aforementioned grounds of inadmissibility can be waived, but one must prove to the adjudicator at USCIS that a waiver would be proper in the case by showing that failing to grant a waiver would impose an extreme hardship upon the petitioner. It may be wise to retain an attorney in order to properly craft an argument regarding extreme hardship.

(Note: Nothing in this article should be construed as creating an Attorney-Client Relationship between author and reader. This article should not be used as a substitute for individualized advice from a competent licensed attorney.)

To learn about American Immigration issues from Thailand, please see: k1 lawyer thailand or Visa Waiver Thailand