US Visa Denials
Applying for an immigrant or non-immigrant visa to the United States from Thailand can be a complicated and frustrating process. There are a number of reasons that can result in denials of US visas for Thai visa applicants. Denials can be based on failure to follow US visa procedures or based the US visa applicant not qualifying for the US visa. Over the past several years, immigration or travel to the United States has become increasingly difficult. When applying for a US K1, K3, B1, B2 visa, or other types of visas, following the specific application requirements can be complex and making an error on a US visa application could, unfortunately, have far-reaching consequences.
Why was my US visa application denied?
Depending on the US visa you were applying for, there are multiple grounds on which you could have been refused. For all visa types, one common ground of denial is the failure to produce an adequate application that includes all required documents and application forms; in this case you will be provided with a document with instructions to correct the original visa application. More specific grounds of denial include health issues (communicable diseases such as HIV/AIDS) past criminal offenses or prior immigration violations. Given the wide range of possible grounds of US visa denials, the best advice in this case is to consult with an experienced US immigration lawyer to assist with examining the type of visa and its subsequent grounds of refusal so that you may apply for a waiver of ineligibility.
Are there any special issues regarding non-immigrant visa application denial?
Applicants should take special note of Section 214(b) of the Immigration and Nationality Act, where an applicant must prove that they qualify for a visa to enter the US. The US government assumes, until convinced otherwise, that all persons are intending to immigrate to the US. It is therefore the applicant's responsibility to demonstrate that they are planning to enter the US for a specific purpose for a specified, limited time and that they have residence and other ties to their home country, Thailand, and that they intend to return to their home country.
What kind of evidence can I use to avoid a B visa denial?
Considering that B visas are the most common type of issued US visas, refusals of B visas are equally high. These are types: 1) B1 are short term visas for business meetings. 2) B2 are short term tourist visas. If you provide thorough evidence proving your intent to return to your home country, it may increase your likelihood of approval. If you are employed, a letter from your employer explaining your position, salary, terms of employment and length of vacation time, as well as original documents from your bank showing account information to prove you have the necessary funds to cover the costs of your trip, can be used to show you intend to return to Thailand. In addition, a lease on an apartment, home and car registration, marriage certificates, or proof of business ownership should also be submitted. Any other document explaining the purpose and length of your trip, such as a letter from a US business, will support your application and reduce your chances of US visa refusal.
Why was my Thai girlfriend’s application for a US tourist visa denied? Should I have applied for a K1 fiancée visa?
Many US/Thai couples are tempted to enter the United States on a tourist visa because of the relatively short wait times. Yet the chances of having a tourist visa denied to the girlfriend/boyfriend of an American citizen are relatively high; US immigration officials will question the intent of your girlfriend’s visit and will require her to prove that she has few or no ties to the US, but obviously, having a partner that is a US citizen will not support her claim of entry to the US for the sole purpose of tourism. Further, if you and your Thai girlfriend want to marry in the US and she is on a tourist visa, this could cause even more legal problems in the future. It is more efficient therefore for committed couples to apply for the US K1 fiancée/ fiancé visa or US K3 marriage visa. The K1 fiancée visa will allow for a 3 month stay in the US with the intention to marry in the country within these 3 months, while the K3 marriage visa will allow entrance into the United States and requires adjustment of her legal status once she arrives. Of course, the K1 fiancée visa is only for those couples genuinely intending to get married in the US and reviewing your available options with a US immigration in lawyer in Bangkok is the best approach.
What if my visa is still valid but my passport is expired?
You can show your valid visa along with your new valid passport for legal entry into the United States.
Related Topics: US waivers of ineligibility, US fiancée visas, US marriage visas, B1 visas, B2 visas, adjustment of status, US immigration attorney Thailand.
Related Documents: US Visa Denials and Waivers in Thailand