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US Visa Denial Thailand: Information About The US Visa Process
Author : Ben Hart
The subject of US visa denial can be the cause of great consternation for many multinational couples. This piece will briefly discuss United States visa denials as well as provide information about avoiding such a situation.
The US visa process for the spouse or fiancee of a United States Citizen is somewhat byzantine as there are multiple departments and agencies that adjudicate different aspects of visa petitions and applications. Even after a visa is issued, the alien fiancee or spouse must still pass through a Customs and Border Protection inspection at a port of entry in the United States of America.
The United States Citizenship and Immigration Service (USCIS) is the initial adjudicator of nearly all family based visa petitions. USCIS will evaluate a couple's documentation as well as their factual situation in order to determine if they meet the general legal requirements. USCIS also takes measures in order to ensure that the petitioner is eligible to petition for the benefits being sought. During USCIS's adjudication, steps will also be taken in order to make certain that the petition complies with the provisions of the International Marriage Broker Regulation Act (IMBRA) as well as the Adam Walsh Child Protection Act (AWCPA). In most situations, the success of a USCIS petition will hinge upon the documentation presented to the reviewing officer.
In the vast majority of family based cases the next phase of the process involves the United States National Visa Center (NVC). This phase could be problematic for those couples seeking a K3 marriage visa as recent NVC protocols call for the "administrative closure" of certain K3 visa applications. Although this is not technically a denial, it has the same effect as the application will be closed. Luckily, a bi-national married couple can still seek immigrant visa benefits.
In virtually all family based petitions, the last part of the visa process happens at the American Embassy or Consulate-General with jurisdiction over the alien spouse or fiance. In Thailand, the Consular Section of the US Embassy in Bangkok adjudicates nearly all family based immigrant visa applications for Thai nationals. Consular Officers will adjudicate the merits of the visa application and determine if the prospective Beneficiary is admissible to the United States. In a K-1 visa case, the adjudicating officer will likely scrutinize the bona fides of the relationship as well as the applicant's subjective intent to marry in the USA. However, the authenticity of a spousal visa application is investigated as well, but these issues can be especially acute during the visa application process for a fiancee.
After a visa interview, it is possible that the application will be rejected outright although this is relatively uncommon. More common is the issuance of a 221(g) refusal which is essentially a request for further documentation. In many cases, when the documentary deficiency is dealt with the visa is issued shortly thereafter.
Author's Resource Box
Benjamin Hart is an attorney from the United States and Managing Director of Integrity Legal (Thailand) Co. Ltd. Contact Integrity Legal at 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. See Integrity Legal on the web at:
US Visa Denial Thailand
or
I-601 waiver
.
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Tags: US Visa Denial Thailand, US Visa Denial, I-601, 601 waiver, I-601 waiver, I601 waiver, US Visa Thailand
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Submitted : 2010-03-19 Word Count : 1 Popularity: 168 Times Viewed: 21
