Tourist Visa for Thai Girlfriend

In Thailand, the most common visa requested and applied for at the US Embassy is the tourist visa. This visa is generally highly sought after as it is the fastest way for an applicant to bring a loved one, either a boyfriend or girlfriend, to the United States for a short, temporary visit.

Under the provisions of the United States Immigration and Nationality Act Section 214(b): an applicant for a non-immigrant US visa (such as a tourist visa) must overcome the legal presumption that they are an intending immigrant. The burden is on the applicant to prove that they have no intention of abandoning their residence in Thailand, therefore they must have “strong ties” to compel them to return home after their visit.

In the case of a Thai girlfriend, if the primary reason to come to America is linked to a relationship with a US citizen, then it is imperative for the applicant to show the US citizen’s strong ties to Thailand as well. For instance, if the US citizen is living and legally working in Thailand, and he is going abroad for a brief business trip or visit, and he has steady, continuous employment and income from his job in Thailand, then the likelihood of the Thai girlfriend staying in the US is relatively diminished. Vicariously showing through the US citizen’s strong ties to Thailand the girlfriend can overcome the presupposition of immigrant intent. Whatever relevant factors compelling the US citizen to return to Thailand may be used jointly for her. Saying that though, it is not always the case that this type of scenario would prove positive for all tourist visa applicants because the US consular officers will evaluate the Thai girlfriend’s background and employment status as well, so barring any glaring discrepancies, the case has a significantly better chance of approval.

In the event that the tourist visa is refused pursuant to Section 214(b) of the Immigration and Nationality Act, the underlying language of the statute is that if the consular officer’s determination that an applicant is ineligible for this visa, then based on this factual finding the case is not appealable.  The reality of the situation is that tourist visas are rarely worth appealing because it is time consuming, costly, and rarely successful. The practical option is to reapply with more meaningful and relevant evidence to overcome the legal presumption of immigrant intent.

Essentially, for an average US citizen who lives abroad and wants to bring a Thai girlfriend or boyfriend to the US for a temporary visit, the tourist visa is the first option, however, it is sometimes a futile effort due to the legal standard required from the visa applicant. Applicants with strong ties to the US, such as a boyfriend, and weak ties to Thailand, such as unemployment, are unlikely to be issued a tourist visa.

Additionally, the tourist visa application fee, whether the visa is issued or not, is non-refundable. Whether one believes the case was wrongfully and unjustifiably denied, there is no provision in the law or policy to allow for a refund. Therefore, Thai applicants have to be overly prepared at the interview and be realistic about the odds of getting a tourist visa. On the bright side, the tourist visa is just one category of visas, as K1 fiance visa is available for eligible candidates.

Testimonial from Chris and Ning

“I researched the internet for a U.S. immigration lawyer to help us.  We found Cathy Tran Reck and contacted her.Cathy immediately gave us sound advice and we retained her services.  Cathy was instrumental in overcoming the obstacles we previously encountered, and had access to the embassy and the visa section, where she was personally able to contact the visa officers directly.  The end result is that our daughter is now in the U.S.A. and is happily married.” (Chris and Ning) Read more..

Visa Denial: 214(b), 221(g), or Administrative Processing – a Primer

Visa Refusal under INA 214(b), 221g, and Administrative Processing

The US Embassy refuse visa applications for a myriad of reasons. US consular officers review the documents, investigate the individual’s background, and conduct a personal interview to evaluate whether a visa applicant is eligible. When an immigrant visa case is not approved the applicant is issued a 221(g) or “blue sheet” indicating the evidence submitted was insufficient.  When a non-immigrant visa is not approved, it’s basically due to the requirements of section 214b, wherein the applicant did not have evidence of strong ties to a residence abroad to compel the applicant to return home after a short, temporary visit. Administrative processing is sometimes equivalent to a 221(g) refusal as the consular officer was unable to approve the case based on the evidence submitted, or a discrepancy was discovered requiring additional time to investigate. Administrative processing cases may languish in visa purgatory for a long time.

214(b)

Section 214(b) is part of the Immigration and Nationality Act (INA). Most visa applicants apply for a tourist visa or a student visa in this category. To qualify for a visitor or student visa, a prospective visitor or student applicant must meaningful evidence of funding, valid purpose of the trip, and strong ties in a residence abroad to compel the applicant to return to after the visit.

The most frequent basis for such a refusal concerns the requirement 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. Evidence of “strong ties” may be illustrated by consistent and steady history of employment, sufficient collateral or property ownership to cover travel expenses, and a succinct and sincere reason for the visit. These are compelling factors the consular officered consider when evaluating an applicant’s eligibility for the visa. The brief interview with the applicant is also valuable in the consular officer’s decision to approve or deny the visa.

221(g)

U.S. consulates abroad have been known to deny visas based upon INA Section 221(g) even after the United States Citizenship and Immigration Services (USCIS) has approved a petition for the visa application.

In a 221(g) case, the consular officers determine that the requirements for a petition-based visa are not met by an applicant. They can refuse to issue the visa under Section 221(g). When they do so, they also request that the USCIS revoke the petition that was approved earlier.

Even though the USCIS has the primary authority to determine whether or not a person meets the requirements for a particular, petition-based visa classification, the consulate may  reach a different conclusion and request that the USCIS reconsider its original approval of a petition. What can happen is that new, negative information can come to light at the time of the interview and the interviewing consular officer may conclude that the visa applicant either does not appear to meet the requirements of a fiancé/e. Essentially the fiance(e) did not convince the consular officer that the relationship is bona fide and possibly a sham marriage entered into to circumvent US Immigration law. Cases issued 221(g) are equivalent to a denial, however, some languish in visa purgatory similar to administrative processing.

Administrative Processing

In cases pending in Administrative Processing (AP) the consular officer may need more time to review the case before determining whether the applicant is eligible for the visa. In immigrant visa cases such as the fiance(e) visa, the consular officer may conclude at the interview that there’s not enough convincing evidence to deny the case nor approve it, there may be some red flag issue, or a discrepancy in the case to warrant a secondary review. Cases in AP may take months to conclude, however, in this writer’s experience, providing additional compelling evidence of the bona fides of the applicant’s relationship to the American petition may assist the consular officer in making a definitive decision in the case.

AP is a state of flux that leaves applicants frustrated and confused as there’s no definitive guidelines as to what the immigration issues are and whether the applicants can do anything to compel the consular officer to issue the visa. It is within the discretion of the consular officer  to hold the case and investigate it further, thereby leaving the applicant with neither an approval nor denial.

Whether the case is issued a 214(b), 221(g) or placed in administrative processing, a competent immigration attorney should be able to review the case and provide the best course of action based on the applicant’s unique sets of facts. Consular processing attorneys are in a highly advantageous position to assist since they are able to inquire directly with the consulate and embassy where the applicant’s case was denied.

Consular Processing at USA Embassy in Thailand

CTR & Associates offers Consular Processing Services to U.S. Law Firms and to individuals. CTR & Associates is managed and owned by a licensed American attorney who is also a member of the American Immigration Lawyers Association, which is a member only organization for American Lawyers and Representatives specializing in the practice of U.S. Immigration Law.

CTR & Associates Consular Processing Services can provide U.S. Law Firms with “on the ground” representation and investigation about the status of the visa application at the USA Embassy in Bangkok. Our American attorneys and Thai staff are there to meet and interview cases in at the client’s location. This on the ground service means less delays in your green card processing time and green card approval.

An Immigration Law Firm Offering Competitive and Quality Services

With CTR & Associates Consular Processing Service you can provide your clients more options and a higher quality of service knowing that they will be represented by an American Immigration lawyer and will be guided through the final stages of their green card process by a qualified American attorney and staff.

Our firm can provide certified Thai-English translations where needed and inquire with the US Embassy post in matters involving 221g denials, administrative processing, or appointment scheduling. For firms with clients facing foreseeable 221g denial issues, our attorneys can assist in preparing the applicants for managing these issues to avoid green card denials. We provide applicants with the knowledge they need to be prepared to deal with the US Embassy in an honest and concise manner so they are prepared to present their case with the best foot forward.

Be aware that No One can guarantee an outcome of a visa application as the ultimate adjudication are evaluated and based on the evidence provided and the unique set of facts of each case. If anyone promises a 100% guaranteed or money back policy then it’s best to inquire into the integrity of that statement. The Immigrant Visa Section of the U.S. Embassy in Bangkok review each case based on the quality and quantity of evidence presented at the interview and prior.

CTR & Associates provides clients with the knowledge and peace of mind  of knowing that the applicant is being advised by an licensed American attorney who is trained in assisting the applicant to prepare for the most important interview in the final stages of their Visa Application.

On The Ground US Attorney to Provide Assurance That Your Client Will Receive a Higher Quality of Service

In the final stages of your client’s green card process, you will have the peace of mind that a licensed American Immigration Lawyer will assist the applicant in preparing for the interview,and locating and submitting required documents to the US Embassy. Our American Attorneys will be on hand to correspond with clients and applicants and will facilitate a smoother transition thereby  avoiding any delays in the process.

CTR & Associates can add an international aspect to your law practice with our office and staff in Bangkok, Thailand. Email us at Info@CtrLegal.com now for more details.  While CTR & Associates is owned and managed by an American attorney, we do not have any special relationship or influence at the US Embassy in Bangkok and we strive to provide our clients with the utmost professionalism in our interaction with the US Consular staff. We strive to conform to all US guidelines regarding attorney client representation and communication when assisting clients at the US Embassy.

Visa Denied under 214(b)

WHAT IS SECTION 214(b)?

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 visitor or student visa, an applicant must meet the requirements of sections 101(a)(15)(B) or (F) of the INA respectively. Failure to do so will result in a refusal of a visa under INA 214(b). The most frequent basis for such a refusal concerns the requirement 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.

WHAT CONSTITUTES “STRONG TIES”?

Strong ties differ from country to country, city to city, individual to individual. Some examples of ties can be a job, a house, a family, a bank account. “Ties” are the various aspects of your life that bind you to your country of residence: your possessions, employment, social and family relationships.

As each person’s situation is different, consular officers look at each application individually and consider professional, social, cultural and other factors. In cases of younger applicants who may not have had an opportunity to form many ties, consular officers may look at the applicants specific intentions, family situations, and long-range plans and prospects within his or her country of residence.

IS A DENIAL UNDER SECTION 214(B) PERMANENT?

No. Your case will  be reconsidered if you can show further convincing evidence of ties outside the United States.  Unfortunately, some applicants will not qualify for a nonimmigrant visa, regardless of how many times they reapply, until their personal, professional, and financial circumstances change considerably.

WHAT CAN YOU DO IF AN AQUAINTANCE IS REFUSED A VISA UNDER 214(B) FOR LACK OF A RESIDENCE ABROAD?

First encourage your relative, friend or student to review carefully their situation and evaluate realistically their ties. You can suggest that they write down on paper what qualifying ties they think they have which may not have been evaluated at the time of their interview with the consular officer. Also, if they have been refused, they should review what documents were submitted for the consul to consider. Applicants refused visas under section 214(b) may reapply for a visa. When they do, they will have to show further evidence of their ties or how their circumstances have changed since the time of the original application. It may help to answer the following questions before reapplying: (1) Did I explain my situation accurately? (2) Did the consular officer overlook something? (3) Is there any additional information I can present to establish my residence and strong ties abroad?

Your acquaintances should also bear in mind that they will be charged a nonrefundable application fee each time they apply for a visa, regardless of whether a visa is issued. You are not barred from reapplying as often as you like, just be aware that the application fee applies each time and there’s no guarantee that it will be approved.

HOW FRONTIER LEGAL CAN HELP

At Frontier Legal, we will schedule a meeting with the applicant to review their individual circumstances and assess their likelihood of approval for the Tourist Visa or Student Visa. While we cannot guarantee the outcome of your case, as only the consular officers can make the final decision, we can provide you with a qualitative analysis of your case and assist you in the interview process while ensuring that you submit all your required documents to prove your strong ties to the home country.   www.FrontierLegal.com

Contact us in Bangkok!

Bangkok, Thailand +66 (0)8 4724 3192

Skype: FrontierLegal

Email: Info@Frontierlegal.com

Tourist Visa B2 to the USA

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.
The U.S. government made some changes in visa procedures after the terrorist attacks of September 11, 2001. The changes in various procedures to make sure that both U.S. citizens and visitors are safe. Advance planning by travelers is essential, for them to have their visa when they need it to come to the U.S. For most visa applicants, an interview is required as a standard part of visa processing. Visa applications are evaluated very carefully and take more time now than in the past. Some applications require additional security screening. Improved and automated procedures have considerably sped up visa clearance procedures.

Obtaining a visitor visa, or tourist visa, may not be as straighforward as it seems if you’re basing it on the information on the US Embassy websites. In reality, depending on your nationality and purpose of your trip, combined with your person documentation to prove strong community ties to your home country, obtaining a tourist visa to the US may be a confounding process. Simply, you need to show more than that the fact that you want to visit Disney Land, or that you have a friend you haven’t seen in 20 years, you need to show that once you arrive in the US you will not reside their or attempt to find work and overstay your visa, or worse yet, violate the terms of your visa.

Before heading to the embassy with your application in hand, be prepared and review your documents. Ask yourself these questions:

Do I have proof that I have strong ties to my home country, such as a business, dependants, employment, or family to substantiate my desire to return to my home country after my visit to the US?

Do I have enough financial proof that I will be able to support myself during my stay wtihout having to resort to public funds or public assistance?

Do I have a letter from the friend, company, or person sponsoring my trip to the US so to demonstrate that that person or organization would be responsible for me while I’m there?

Do I have the time and patient to sit through an interview and respond honestly to the questions the interviewing officer will pose?

Once you have considered these questions, go to the US Embassy website in your home country and start the process.

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.

Read more here.

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.