US Visa Denial

If you are applying for a US visa be this a K1 Visa or K3 Visa then you need to ensure that your Thai wife or Thai spouse will be able to comply with the visa requirements. We have listed the financial requirements for the US visa which you would also need to be met on another page of this website. Most declined visas tend to be because of inadmissibility and a visa waiver needs to be obtained if needed.

 

US Visa for Thai

Your Thai spouse or Thai fiancée will not be allowed into the US if she:
  • – Committed any crime deemed morally reprehensible;
  • – Has violated any controlled substance law in any jurisdiction;
  • – Has been suspected of being involved in illegal drug trafficking;
  • – She is or was involved in an illegal profession such as prostitution;
  • – She is a habitual drug user;
  • – She is mentally or physically challenged and deemed a threat to themselves or others;
  • – She is carrying a communicable disease(s) that is a threat to the health of the public;
  • – She has two or more convictions with sentences totaling five years or more;
  • – She has been deported from the US for overstaying 5 years before

You can consult an immigration attorney in Bangkok for assistance with a visa waiver for certain types of visa denials. Note that these are very difficult to obtain and it does take time to have the visa issued once it has been denied. A good example would be someone who was a habitual drug user before. You would need to prove that the person is no longer a drug user and that the situation has changed since the visa was denied. Again the issues are complex when it comes to a visa waiver or visa appeal in Thailand.

The most common issues for US visa denial in Thailand would be:
  • – The applicant did not provide vaccination certificates as requested;
  • – The applicant committed a crime while under 18 and it was more than 5 years ago;
  • – The applicant was convicted of prostitution but it was more than 10 years ago;
  • – The applicant was deported from the US more than 5 years ago.

The issue for a visa waiver is very complex and the laws do change. If you Thai wife has been deported for overstaying in the US before as an example she cannot apply for a visa until the 5 years have expired. If this has occurred twice then she would need to wait 20 years to apply for a US visa again. These are common examples and it is best to speak to an attorney in Thailand first before starting any appeals process in Thailand.

See: http://travel.state.gov/content/visas/english/general/ineligibilities.html#waivers