Health Based Ineligibility For Entry to the USA
The following communicable diseases of public health significance render a person inadmissible:
Chancroid
Gonorrhea
Granuloma inguinale
Acquired immune deficiency syndrome (HIV/AIDS)
Hansen’s disease (infectious leprosy)
Lymphogranuloma venereum
Infectious state syphilis
Infectious tuberculosis (TB) (clinically active)
In addition, the following physical or mental disorders can render a person inadmissible. Current physical or mental disorders, with harmful behavior associated with the disorder. Past physical or mental disorders with associated harmful behavior that is likely to recur or lead to other harmful behavior.
Harmful behavior is behavior that may pose, or has posed, a threat to the property, safety or welfare of the applicant or others.
A record of driving under the influence of alcohol (DUI or DWI) can lead to an investigation by the government to determine whether an immigrant has a “mental disorder associated with harmful behavior.”
For certain treatable illnesses (tuberculosis, for example), an arrangement with the overseas consulate may be possible whereby the applicant returns home to undergo a treatment regime for a specified length of time and then returns to the “panel physician” for re-examination, and if the illness is in complete remission, the visa is issued without the need for a waiver.
Waivers are possible for most of the health grounds of inadmissibility except for drug abuse or addiction. In evaluating all such waivers, the government adjudicator is obligated to ensure that the immigrant will not pose a threat to the health or welfare of the U.S. public, and that there will be no financial cost incurred by any level of government agency or by U.S. taxpayers due to the admission of the immigrant (except in such cases where an authorized U.S. agency has given its prior consent).
HIV applicants will also have to show the following:
Medical treatment has been arranged in the United States;
The applicant is aware of the nature and severity of his or her medical condition;
The applicant has provided evidence of counseling; and
The applicant has demonstrated a knowledge of the modes of transmission of the virus.
In addition, HIV applicants have a particularly high burden with regard to the “public charge” aspect of the waiver. The applicant’s U.S. sponsoring relative must demonstrate financial resources and/or health insurance to absorb the estimated $500,000 plus lifetime cost of health care for an AIDS sufferer before the waiver will be further be considered.
A person with a physical or mental disorder which threatens the safety of the applicant or others may receive a waiver if they submit documentation that convinces the government that they are fully recovered.
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Bangkok, Thailand +66 (0)8 4724 3192
Skype: FrontierLegal
Email: Info@Frontierlegal.com
Criminal History May Bar Foreign Nationals from Entering the U.S.
Foreign nationals with one or more criminal convictions in their past are typically ineligible to receive an immigrant visa to enter the U.S. (non-immigrants are likewise barred, although the bar is not quite as broad as it is for immigrant visas).
There are some exceptions to the bar.
The offense is not a crime of “moral turpitude” (a very slippery concept that some courts have equated with a fundamental “baseness”, “depravity” or “vileness”, but for which no clear definition exists). The offense was “purely political.” The foreign national has (1) committed only one crime involving moral turpitude at any time; AND (2) “was not sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed) AND (3) the conviction carries a maximum possible sentence of one year or less.
Drug traffickers are ineligible for a visa, even if there has been no conviction, as long as the consular or immigration officer knows or has reason to believe that the visa applicant has been involved in trafficking.
A person coming to the U.S. to engage in prostitution, or who has engaged in prostitution within ten years of their application for entry, is inadmissible, even if there was no criminal conviction.
An amnesty or parole does not remove the crime from calculation of the bar. Such crimes are treated for U.S. immigration purposes exactly as though the conviction remained in place.
Similarly, a “deferred adjudication” whereby the record of the offense is expunged from the defendant’s record is nonetheless regarded as a conviction under U.S. immigration law.
If the foreign national has admitted to the crime, even if there was no conviction, he or she will be barred from receiving a visa (this can even occur during the medical exam preceding the consular interview if the unwitting applicant admits to prior substance abuse or some other crime).
Contact us in Bangkok!
Bangkok, Thailand +66 (0)8 4724 3192
Skype: FrontierLegal
Email: Info@Frontierlegal.com
US Visas and Immigration Services
CTR & Associates represents clients in Immigration Law by providing them a more efficient, reliable, and professional way to achieve their success at the US Embassy. Whether it is a family based immigration law matters at the US Embassy in Bangkok to the US Consulate in Ho Chi Minh City, we meet with clients to assess the facts of the case and develop a legal and practical business plan suitable to their individual needs.
As a leading American Law Firm, our U.S. Attorneys can make Administrative Processing inquiries with the local U.S. Embassy in Bangkok or in Ho Chi Minh City, provide personal immigration consultations, research local immigration laws, request a legal opinion for Thailand or Vietnam, draft/review and negotiate Prenuptial Agreements, and provide legal advice with our local Thai and Vietnamese Lawyers. Our most popular requests are Tourist Visas B1/B2, Fiance(e) K1, and Spousal Visa K3 for Immediate Relatives.
U.S. Passport & Citizenship
U.S. Citizenship is one step beyond permanent residence (Green Card). It provides the maximum immigration rights and is normally the final stage or goal for most immigrants. We can provide information on the following issues on citizenship:
- Citizenship Application N-400
- Citizenship Test Reading and Writing Requirements
- Citizenship Package Naturalization Questions
- Dual Citizenship for Yourself of Your Children
- Certificate of Citizenship, Replacement or New
- Certificate of Naturalization
- Passport Application
U.S. Visas
A visa grants the holder the right to apply for entry into the United States. 
- B-1 Business Visa
- B-2 Tourist Visa
- C-1 Transit Visa
- F-1 Student Visa
- J-1 Exchange Visitor Visa
- H-1B Work Visa
- K-1 Fiancée/Fiancé Visa
- Tourist Visa Extension
Tourist Visas for Business or Pleasure B1/B2
Visitors traveling to the United States temporarily for business and pleasure, usually come as tourists or to visit family and friends. Others come for specific purposes, such as medical treatment, a conference, business meeting, or certain types of training.
Some tourists from certain countries, traveling for visitor visa purposes for 90 days or less, and who meet all the requirements, can travel to the United States for tourism or business under the Visa Waiver Program. Additionally, certain citizens of Canada and Bermuda do not need a visa to visit the U.S.
Many of these temporary visitors, traveling for the business and pleasure purposes explained above, need visitor visas to enter the United States. The type of visa you must have is defined by immigration law, and relates to the purpose of your travel. Please note: If you want to travel to the United States to study or to work, you will need a different kind of visa.
K1 Visas
For many American who have met their girlfriends during their holiday tour of Thailand or who have met online through various dating websites, the most confounding problem is what to do if you want to pursue your relationship in the US. The most common questions I get from prospective client are: How can I bring my Thai fiancee to the US to get married? Do I have to marry her in Thailand or can we marry in the US? What are the financial and procedural issues I’d have to substantiate to the US Embassy?
Read more about K1 Visas here.
Visa Denials 214(b) and 221(g)
Section 214(b) is part of the Immigration and Nationality Act (INA). It states:
Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status…
To qualify for a non-immigrant Tourist Visa or Student Visa, an applicant must meet certain requirements, particularly that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant, that’s YOU.
Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents, and consulate officers only spend a minimal amount of time reviewing the file before the interview, and in some instances, none at all.
Read more about Visa Denials here.
