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Grounds of Inadmissibility

Grounds of InadmissibilityThe Grounds of Inadmissibility is the criteria used by the Embassy to deny a US visa. See a lawyer in Bangkok if your US visa had been denied. This can be a K1 Visa or a K3 visa. Note there is also a page on Visa Denials in Thailand on this website. Note that there may be a number of ground for denial of the visa but these are the most common used to deny a visa.

Filing an “Application for Waiver of Grounds of Excludability” is a difficult and complicated process. It is best not to attempt to do this yourself but to ask an immigration attorney in Thailand to start the process to obtain the visa and apply for a waiver in the matter.

  1. Your fiancé has committed a crime in Thailand and this will show when she applied for a Criminal Record check in Thailand for the visa application. In Thailand this tends to be for drugs and prostitution;
  2. You Thai fiancée has been arrested for drugs or is a drug addict. This might show during the medical check in Thailand in her urine or may be part of her criminal record;
  3. Your fiancée has committed 2 crimes and their combined sentence has been for longer than 5 years combined. These tend to be for very serious crimes and not petty theft which may be another issue;
  4. Your Thai fiancée is suspected of being in a drug trafficking ring in Thailand. This might come with the police criminal record check;
  5. Your Thai fiancée has been involved in prostitution in Thailand or elsewhere. This is a common problem in Thailand and tends to come out at the visa interview;
  6. Your Thai fiancée has been involved in prostitution during the last 10 years before the visa application;
  7. Your fiancée is a habitual drug user which most times will show during the medical examination;
  8. Your Thai fiancée is mentally challenged and presents a danger to other as well as herself. They will check to see her mental state at the hospital;
  9. Your Thai fiancée has a communicable disease such as HIV or TB.

Note that you need to speak to an attorney in Thailand if you have one of these problems as they can attempt to obtain a waiver for the visa. This can only be done if the problem no longer exists. As an example if you had been turned down for having TB you can prove that you no longer have this illness as you have been treated.

Note that there may also be a visa denial and grounds for inadmissibility under the Immigration and Naturalization Act Section 212(a)(2)(D) if the following occurs:

  1. She was turned down as they suspected her of wanting to engage in prostitution in the United States or wanting to procure or import prostitutes into the United States.

You can apply for a visa waiver as most times this could have been a mis-understanding. Call and speak to a lawyer about this type of visa denial. The attorney would have to make an application under Immigration and Naturalization Act Section 212h.

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