I-601 waiver attorney
I-601 waiver attorney
I-601 waiver attorney
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.
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.
The following article is written in an effort to provide some brief insight into Consular Processing and how an American attorney may be able to assist in visa matters pending before Consular Posts at United States Missions abroad.
Some US Citizens belabor under the mistaken notion that the whole American immigration process either occurs exclusively in the USA at the Department of Homeland Security's (DHS) United States Citizenship and Immigration Service (USCIS) or exclusively overseas at a American Mission under the jurisdiction of the American Department of State. In reality, the United States immigration and visa obtainment process is sort of bifurcated under most circumstances.
An example of this bifurcation is best demonstrated through an explanation of the Immigrant spouse visa process for the foreign spouse of a United States Citizen. Many immigrant spousal visa cases begin at the United States Citizenship and Immigration Service (USCIS) where a petition for immigration benefits must be adjudicated and be approved prior to being sent to the American National Visa Center (NVC) for further processing. The receipt of an immigration case file by the NVC is the point at which the bifurcation of the immigration process is most evident as the USCIS operates under the authority of the Department of Homeland Security while the NVC operates pursuant to the authority of the Department of State.
After an approved United States visa petition is received by the Department of State it is generally processed at a United States Mission abroad (US Embassy, US Consulate, American Institute, etc.) which has appropriate consular jurisdiction. In some situations, a US visa application may be refused pending production of further documentation in support of said application. This usually occurs pursuant to section 221(g) of the American Immigration and Nationality Act. Under certain circumstances, remittance of requested documents usually results in issuance of a visa. In other cases, a Post's fraud prevention unit may scrutinize a visa application. In some cases, an United States visa application could be denied based upon a finding of inadmissibility. Under such circumstances a visa may never be granted or, more commonly, the only way to ultimately obtain a visa may rest upon the approval of an I-601 waiver petition.