One of the most prevalent I-601 waivers of excludability sought for Thai fiances and wives is the waiver of a finding of inadmissibility based upon the consular officer's presumption that the beneficiary has engaged in the practice of prostitution (or directly benefited from the fruits of prostitution) within the previous 10 years.
Many people become confused at the idea of a waiver because they believe that a waiver is an "appeal." In point of fact, a waiver is not an appeal. American Consular Officer's decisions are not appealable when they are making factual determinations. Therefore, if, based upon the facts, a consular officer comes to the conclusion that a Thai beneficiary seeking a US visa has engaged in the practice of prostitution within the previous 10 years, then that decision cannot be appealed.
A waiver is often mistaken for being an appeal because the waiver application is filed after the consular officer has made his or her decision. In the case of a waiver, the underlying finding of a ground of inadmissibility (presumption of engaging in prostitution) is not disputed. Instead, the person seeking a waiver is conceding the finding of inadmissibility and seeking to have the inadmissibility waived because a failure to grant the waiver would result in an "extreme hardship," for the US Citizen petitioner.
Not all waivers of inadmissibility require a finding of extreme hardship. Most notably, and HIV waiver is based upon a finding that the visa seeker will have adequate private medical care and coverage in the USA that will not come from government resources. At the same time, some grounds of inadmissibility have no waiver available. Two examples of grounds of inadmissibility with no waivers are a finding that a visa seeker has fraudulently claimed US Citizenship to obtain any type of benefit in the past and also a finding that the visa beneficiary has a criminal record involving drugs (under the current law, there is a waiver if the drug conviction was for less than a certain statutorily prescribed amount of marijuana).
In order to obtain the prostitution waiver it is advisable to retain the services of a competent attorney. The requirement to obtain the waiver is that the US Citizen prove that if the waiver is denied, then the citizen must uproot himself and move to live with the Thai beneficiary. It must be shown that this situation would cause "extreme" hardship for the US Citizen. The hardship must be over and above everyday hardship and rise to a level that would put the US Citizen in a nearly unbearable situation.
Nothing in this article should be used in lieu of legal advice from a duly licensed US attorney in your jurisdiction.
Benjamin Hart is a licensed American Lawyer. He currently acts as Managing Director of Integrity Legal a law office located in both the United States and Thailand. For more information regarding US immigration from Thailand please see k1 visa or usa visa thailand
Article Source: http://EzineArticles.com/?expert=Benjamin_W._Hart
Showing posts with label Legal Immigration. Show all posts
Showing posts with label Legal Immigration. Show all posts
5/10/09
US Visas From Thailand - Family Immigration Options
There are many US Visas available for those seeking to bring a loved one from Thailand to the United States. Many people become overwhelmed by their Immigration options and the plethora of forms and paper work that go along with all the separate visa categories conferring different types of immigration benefits. Hopefully this article will clear up some of the confusion and provide some insight about the different types of Visas that are available to a US-Thai couple. The Tourist Visa
A tourist visa is sometimes mentioned when people talk about US Immigration from Thailand because Thailand is not on the United States' list of countries that are entitled to a visa waiver. For this reason, many couples try to "kill two bird with one stone," by both touring the USA and leaving the possibility open for a possible wedding and change of status to remain in the US. Note: When entering the country on a tourist visa, the visa holder is specifically stating that they have no intent to remain in the US as a resident, lying about this constitutes fraud and can be punishable with prison and fines. It is not advisable to use a tourist visa if one has immigrant intent
The K1 Visa
The K1 Fiancee Visa is used for those who are not yet legally married, but wish to go to the United States for the purpose of marriage. The K1 is a "crossbreed," visa in that it is a non-immigrant visa with a specific departure date, but it leave open the possibility for adjustment of status and subsequent permanent residence.
Immigrant Spouse Visas
The CR1 and IR1 visas are immigrant spouse visas that confer permanent residence to the Thai spouse upon entry into the USA. Those who opt for immigrant spouse visas usually do so because adjustment of status is not necessary after the Thai spouse enters the United States.
The K3 Marriage Visa
The K3 was once a very fast alternative to the CR-1 and IR-1 Visa because at one time it could take as long as 3 years for a conventional spouse visa to be adjudicated. Now the wait time between the two visas is marginal and it is even possible that a CR-1 adjudication could finish before a K3. There are some strategic uses for the K3 as it can be used to "venue shop." Meaning that one can use the K3 to pick which Embassy they wish to use, but this is highly technical and one should only attempt to use the K3 for forum shopping after consultation with a US Immigration Attorney.
Benjamin Hart is Managing Director of Integrity Legal (Thailand) a law office in the United States and Thailand. For more on US Immigration please see US Visa Thailand and k1 visa lawyer
Article Source: http://EzineArticles.com/?expert=Benjamin_W._Hart
A tourist visa is sometimes mentioned when people talk about US Immigration from Thailand because Thailand is not on the United States' list of countries that are entitled to a visa waiver. For this reason, many couples try to "kill two bird with one stone," by both touring the USA and leaving the possibility open for a possible wedding and change of status to remain in the US. Note: When entering the country on a tourist visa, the visa holder is specifically stating that they have no intent to remain in the US as a resident, lying about this constitutes fraud and can be punishable with prison and fines. It is not advisable to use a tourist visa if one has immigrant intent
The K1 Visa
The K1 Fiancee Visa is used for those who are not yet legally married, but wish to go to the United States for the purpose of marriage. The K1 is a "crossbreed," visa in that it is a non-immigrant visa with a specific departure date, but it leave open the possibility for adjustment of status and subsequent permanent residence.
Immigrant Spouse Visas
The CR1 and IR1 visas are immigrant spouse visas that confer permanent residence to the Thai spouse upon entry into the USA. Those who opt for immigrant spouse visas usually do so because adjustment of status is not necessary after the Thai spouse enters the United States.
The K3 Marriage Visa
The K3 was once a very fast alternative to the CR-1 and IR-1 Visa because at one time it could take as long as 3 years for a conventional spouse visa to be adjudicated. Now the wait time between the two visas is marginal and it is even possible that a CR-1 adjudication could finish before a K3. There are some strategic uses for the K3 as it can be used to "venue shop." Meaning that one can use the K3 to pick which Embassy they wish to use, but this is highly technical and one should only attempt to use the K3 for forum shopping after consultation with a US Immigration Attorney.
Benjamin Hart is Managing Director of Integrity Legal (Thailand) a law office in the United States and Thailand. For more on US Immigration please see US Visa Thailand and k1 visa lawyer
Article Source: http://EzineArticles.com/?expert=Benjamin_W._Hart
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