Thai Prostitution – US Visa Waiver

The U.S. Embassy Officer has full discretion whether a Thai person will get a visa. The officer will look for reasons for a visa not to be granted. Sometimes the officer will accuse Thai woman of prostitution even if she did not commit prostitution.

If the Thai woman lives in areas where there are red light areas like Pattaya, Phuket, Hat Yai, or Bangkok, they will look for a reason to charge prostitution. If the woman has worked as a bar girl or worked in the massage shop, they will look for prostitution. If the Thai woman has worked overseas in places that are known to import Thai woman for prostitution like Bahrain, Indonesia, or South Korea, the officer will look for prostitution. If you never committed prostitution, it is important to deny that the charge of prostitution.

Whether you have previously been a prostitute or have never been committed prostitution, if the officer denies your visa because of prostitution, you will need an immigration waiver to get the visa.

To get an immigration waiver for prostitution, we need to show that you are no longer committing prostitution, you are a good person, and that you will not commit prostitution in the United States.

I am a licensed U.S. lawyer who has handled many immigration waiver cases. I can help you prepare the immigration waiver so that you can obtain a visa so that you can go to America.

If you need help, contact me at info@virasin.com.

U.S. Visa Waiver for Prostitution

 

At the U.S. Embassy, the consular officer is given full discretion to determine whether an applicant qualifies for the visa. When the officer states that they have evidence that the applicant has committed an act that prevents them from issuing a visa, the burden of proof shifts to the applicant to prove that they have not committed the action. The officer will attempt to obtain a statement from the visa applicant confirming the accusation. A denial is generally not sufficient. It is difficult to prove a negative of an accusation.

For some young women without a formal education, their applications are closely reviewed for where they have lived and worked. Women who have worked in the service industry such as a waitress or massage therapist in a high tourist area are sometimes unfairly presumed to have engaged in prostitution. The visa applicant should be ready to rebut such accusations with evidence. The United States Embassy in Bangkok does not allow attorneys or the U.S. citizen petitioner to attend the interview.

If the accused applicant cannot convince the consular officer that they have never engaged in prostitution, they could be found inadmissible to the United States because of INA 212(a)(2(D). This section of the U.S. Immigration Code prevents someone who has engaged in prostitution in the past 10 years of obtain a visa.

However, a denial of a visa for prostitution is not the end for the visa applicant. An applicant who has been denied a visa for prostitution can file to waive the finding. Unlike other types of waivers, there is no need to prove extreme hardship to the U.S. citizen relative.

Section 212(h) of the Immigration and Nationality Act provides that the U.S. Attorney General may waive the application of certain crimes including prostitution. The applicant has to demonstrate that their admission would not be contrary to the national welfare, safety, or security of the U.S. and they have been rehabilitated.

For those who have been denied a visa because of a finding of prostitution, the 212(h) waiver is an option to reunite the Thai national with their U.S. Citizen. Evidence of the applicant’s reformation and good moral character is required. The process is complicated and takes about six months to process. Once the waiver is approved, the US Embassy will be notified and the visa applicant will be called in for another interview.

If your visa has been denied because of a finding of prostitution, please contact our office.

Visitor Visas to the United Kingdom

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The United Kingdom is one of the top tourist destinations of the world. It is filled with historic monuments, museums, and royalty. London is the financial capital of Europe a major hub for the arts/entertainment, and home venue for top tier sporting events. The United Kingdom is a wonderful place to visit. The problem is that there are many individuals who apply for a visitor?s visa with the intent of a long term stay. So what does the British Consulate look for when they decide whether to grant a visitor’s visa?

The general visitor applicant must prove to the consulate the following to be granted a visa:

  1. That the applicant is genuinely seeking to enter the UK for a limited period of time as requested in the application.
  2. That the applicant is not using the visitor visa as a means for extended stays to live in the UK through extensions or multiple successive visits.
  3. That the applicant will not work in the United Kingdom for remuneration or for free.
  4. The applicant will not produce goods or provide services including the selling of goods or services to the public.
  5. If the applicant is attending an educational course in the UK, that it is not the main purpose of the visit and not longer than 30 days.
  6. The applicant has sufficient funds to support themselves on their visit without the need of public funds or employment. If the applicant will be accommodated by relatives or friends in the UK, they have to provide a statement that they are legally present in the UK (or will be at the time of the visit) and intend to provide accommodations and support.
  7. The applicant has the means to leave the United Kingdom at the end of their stay.

In addition, there are specific visitor’s visa which are required for individuals who have an alternative purpose for entering the United Kingdom..

Business Visitor There is a business visitor;s visa for individuals who enter the UK to attend meetings, conferences, or interviews, attend trade fairs for promotional work, arrange deals or negotiate contracts, take part in an overseas film, undertake religious work, act as a visiting professor, or a long variety of business or training related purposes.

Sports Visitors A sports visitor’s visa is allowed for individuals who wants to enter the UK to be a participant in a sports tournament, a sports charity event, to be a member of an amateur team, or to serve as a member of the technical or official staff attending the event.

Entertainer Visitor An entertainer visitor?s visa is allowed for individuals who take part in a music or entertainment competition, be part of an amateur entertainment group, to take part in a free cultural event or festival as an entertainer, or to be a member of the technical or personal or production team of an entertainer.

Private Medical Visitor Individuals who are suffering from medical problem and is not a danger to the public health can enter the UK for medical treatment of a finite duration. The applicant must have the funds required to meet the costs of the medical treatment.

Parent of a Child in School Visa Parents of a child attending a private school in the UK can enter the UK on a temporary visa as long as they can provide proof that they will be able to support their stay without violating the UK’s immigration laws.

Marriage Visitor’s Visa ?Individuals can apply for a marriage visitor?s visa for the purpose of getting married or entering into a civil partnership in the United Kingdom.

Student Visitor’s Visa The Student Visitor’s visa is available for individuals who are entering the UK to study in a program that does not exceed six months. The educational institution must be appropriately accredited.

These are some of the many types of visitor visas to the United Kingdom. When looking to apply for a visa, it may be in the best interest of the applicant to seek the assistance of the local consulate or professional to ensure that they are applying for the correct visa.

Family Preference Categories

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The United States immigration processing is based on a quota and preference system. There is an overall cap of 480,000 family sponsored immigrant visas available every year. Immediate relatives of U.S. citizens may be admitted in unlimited amounts every year but the numbers used will reduce the overall cap of 480,000 visa. However the amount of available visas available for the other preference categories cannot be reduce to below 226,000 visas.

Immediate relatives are the spouse, parents (if U.S. Citizen is over 21 years old) and unmarried children (under the age of 21) of the petitioning U.S Citizen. The term children also includes the step-children under the age of 18 at the time of the U.S. citizen’s marriage to the step-child’s parent and children adopted prior to the age of 16.

The remaining family visas are separated and allocated through a tiered system of preference categories. Only a limited amount immigrant visas are available to each preference category. The first preference category is for unmarried children of U.S. citizens who are over the age of 21. The children in this category must have qualified as “children” of the U.S. citizen when they were under 21. The minor children of the first preference immigrant can immigrate with them. An example is if the adult child of a U.S. citizen is married and has a child. If the adult child divorces, the adult child can bring their minor child with them when the first preference category date is reached.

The second family preference category is separated into two subsections, (2A) the immediate family members of U.S. Permanent Residents and (2B) unmarried adult children of U.S. Permanent Residents. The entire preference category is allocated 114,200 annual visa with 77% going to the 2A subcategory and 23% going to the 2B subcategory. Like the first preference category, the minor children of second preference immigrants can immigrate with them. Spouses of permanent residents whose marriage was created within two years prior are granted only a conditional permanent resident status.

The third family preference category are for married children of U.S. citizens. As with the first and second preference category, the adult child must have qualified as an immediate relative prior to turning 21. The spouse and minor children of third preference immigrants can immigrate with them. The entry of the derivative immigrants (spouse and children) are charged against the 23,400 immigrant visas allotted to this preference category.

The fourth family preference category are for siblings of a U.S. citizen. The U.S. citizen must be at least 21 years old before applying and the siblings must have the same parent. There are 65,000 visa allotted to this category. The sibling immigrant can bring their spouse and minor children with them. The entry of the derivative immigrants are charged against the visa allocation.

When the visa allotments are exhausted, the existing cases will have to wait until the following year’s visa allotments are released. The visa allotments have consistently been exhausted every year. As a result, all non-immediate family preference categories have waits of several years. The wait for the fourth preference category of siblings of U.S. citizens are routinely over 12 years. The current wait processing dates can be located on the U.S. State Department’s Visa Bulletin. (http://travel.state.gov/content/visas/english/law-and-policy/bulletin.html)

 

F-1 Student Visa

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Millions of international students who want to go to the United States to study. American universities are globally recognized and respected. Thai students with degrees in the United States are highly prized by employers in Thailand.

Many Thai students make missteps in the process to get a student visa. There are students who go to the United States under a generic tourist visa and enroll in an educational program. Then they try to change to an F-1 student status to be denied.

There are restrictions on foreigners who entered the United States on a generic tourist visa to change to an F-1 student. Only students who receive a B-2 visa with a notation that they are a prospective student can apply for a change of status to an F-1 student status while in the United States.

The first step toward getting a student visa is to obtain an I-20 from an accredited school which is registered with the Department of Homeland Security. The I-20 is evidence that the student has been accepted into an accredited education program.

The second step to gather financial documentation of the ability to financially support the student?s stay in the United States during their F-1 status. The I-20 will provide the cost of the student’s education and living costs. The student will have to document their ability to pay for their educational expenses including scholarships, sponsorship, and personal assets.

The last requirement is that the student needs provide evidence that they will return to their home country upon completing the educational program. This can be difficult because students are generally young with few tangible assets to bring them back to their home country. The student must do their best in documenting their ties to their home country with the intent of working in their home country upon completing their education in the United States. Some consular officers may ask the prospective student for a bond to be placed on hold until the student returns to their home country.

With these three sets of documents, the B-2 Prospective Student can apply for a change of status in the United States or prospective student can apply for an F-1 visa at the local consulate or embassy.

L-1 Intracompany Transfer

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The L-1 Intracompany Transfer visa allows multinationals companies to send their key personnel to their U.S. operations temporarily and permanently. Managers, executives, and workers with specialized knowledge can obtain the L-1 classification and work in the United States for a period between five and seven years.

The United States requires that the employee must have worked at least one year out of the last three years for the multinational firm or affiliate or subsidiary and who seeks to render services for the same employer, subsidiary, or affiliate as a manager, executive, or employee with specialized knowledge.

The U.S. office must have a corporate relationship with the foreign company abroad and there must be concrete evidence of the relationship. The U.S. entity must have physical office space in the United States and the office space must be an appropriate sized space to do business.

An L-1 status holder can bring their spouse and minor children to join them under the L-2 visa. The L-2 spouse is allowed to apply for employment authorization and can work anywhere in the United States. The L-2 minor child can attend U.S. public schools but cannot apply for employment authorization.

L-1 Managers and executives are given priority status for permanent residence. Managers and executives can bypass the stringent Permanent Labor Certification process and the U.S. employer can file an employment immigration petition directly with the USCIS.

L-1 Specialized Knowledge employees must submit a permanent labor certification application with the Department of Labor with evidence that there are no U.S. residents or citizens who are able to fulfill the employment requirements. Upon receiving an approved certification from the Department of Labor, the U.S. employer can submit an application for immigration for the employer.

The process for applying for an intracompany transfer visa is complicated and time consuming. Prior to starting the process, it is important to speak to an experienced professional. Contact our office at info@virasin.com.