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Inadmissibility & waiver
Integrity Legal™ has dedicated this section of our website to Grounds of Inadmissibility into the United States and the necessity of obtaining a Waiver before a Thai fiancé/ fiancée/ spouse will be allowed to enter the US.
What are Grounds of Inadmissibility?
As the name suggests Grounds of Inadmissibility are basically the criteria which immigration officials use to preclude immigrants from entering the United States. If your Thai fiancé/ fiancée/ spouse is denied a K1, K3, or Marriage Visa to the United States it is very likely that the denial is based upon one of the Grounds of Inadmissibility.
- 1. Your Thai fiancé/ fiancée/ spouse committed any crime deemed morally reprehensible.
- 2. Your Thai fiancé/ fiancée/ spouse violated any controlled substance law in any jurisdiction.
- 3. Your Thai fiancé/ fiancée/ spouse has two or more criminal convictions with sentences that when added together the time incarcerated adds up to five years or more. (E.g. Conviction for theft, sentence 6 months + Conviction for armed robbery, sentence 4 years and 6 months).
- 4. Your Thai fiancé/ fiancée/ spouse is suspected of being involved in illegal drug trafficking.
- 5. Your Thai fiancé/ fiancée/ spouse is or was involved in an illegal profession such as prostitution.
- 6. Your Thai fiancé/ fiancée/ spouse is suspected of having been involved in an illegal profession such as prostitution within 10 years from the time of application for Visa.
- 7. Your Thai fiancé/ fiancée/ spouse is an habitual drug user.
- 8. Your Thai fiancé/ fiancée/ spouse is mentally or physically challenged and deemed a threat to themselves or others
- 9. Your Thai fiancé/ fiancée/ spouse is carrying a communicable disease(s) that is a threat to the health of the public at-large (E.g. HIV/AIDS, Tuberculosis, Hepatitis, etc.).
The Immigration and Naturalization Act’s Definition of Prostitution and the Ramifications for your Thai Fiancé/ Fiancée/ Spouse.
According to The Immigration and Naturalization Act Section 212(a)(2)(D), your Thai fiancé/ fiancée/ spouse may be considered inadmissible if he/she:
- (i) is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, entry, or adjustment of status,
- (ii) directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, entry, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10-year period) received, in whole or in part, the proceeds of prostitution, or
- (iii) is coming to the United States to engage in any other unlawful commercialized vice whether or not related to prostitution, is excludable.
If your Thai fiancé/ fiancée/ spouse is deemed inadmissible because he or she meets the above definition, then he or she is very likely eligible for a waiver as per the Immigration and Naturalization Act Section 212h.
Denial of Visa Application for a Thai Fiancé/Fiancée/Spouse based on Grounds of Inadmissibility and Obtaining a Waiver.
Your Thai loved one has been denied a K1, K3, or Marriage Visa to the US based upon one of the above Grounds of Inadmissibility what do you do now?
This is the point at which it can be vital to obtain informed licensed legal counsel. Only a licensed US attorney can represent your interests with Consular Officers. An attorney will likely submit an Application for Waiver of Grounds of Excludability (Form I-601). This application will be filed at a Consulate or Embassy outside of the United States. The Consular Officer who accepts the application will then refer the waiver application (along with a recommendation either positive or negative) to the Bureau of U.S. Citizenship and Immigration Services (BCIS).
If you are aware that one of the above Grounds of Inadmissibility exists then by informing your immigration attorney you can have an Application for Waiver of Grounds of Excludability filed simultaneously when the K1, K3, or Marriage Visa petition is filed. This would speed up the process by obtaining the waiver concurrently with the K1, K3, or Marriage Visa.
Only a licensed attorney can file an Application for Waiver of Grounds of Excludability and only a licensed attorney can represent your interests with the Embassy in Bangkok, Thailand. Let Integrity Legal™ help you navigate the difficult terrain of Immigration Law in the fastest and most efficient manner possible. If your Thai fiancé/fiancée or spouse is applying for a K1, K3, or Marriage Visa and has been denied based upon one of the above Grounds of Inadmissibility email or call Integrity Legal™ for a consultation on how your situation can best be resolved.
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