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.

Visitors Visa to Canada

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Canada is the second largest country in the world. It stretch across a continent and touches two oceans. Visitors in awe of its rolling mountains, dense forests, and magical winters. But Canada is more. It is cosmopolitan cities, multicultural communities, sporting activities, and amazing food. For nationals of visa waiver countries, there is no need to obtain a visa to enter Canada for a short period. For non visa waiver nationals, they need to obtain a Canadian Temporary Resident Visa.

 

What is a Temporary Resident Visa?

A Temporary Resident Visa (TRV) is issued by the Canadian visa office. It allows a foreign national admission into Canada which includes the visitor visa.

In order to be issued a TRV, the foreign national must submit evidence that:

  1. They will leave Canada at the end of the authorized period of stay.
  2. The visitor must show that they have enough funds to support themselves and their family members during their stay in Canada.
  3. They have the ability to leave the country without illegally working in Canada.
  4. The foreign national must be law abiding without a criminal record.
  5. They must be in good health. The officer may request that the applicant submit medical evidence.
  6. They must not be a security risk to Canada.

Previous visa violations will also affect the ability of receiving a visa. A valid visitor visa does not guarantee entry into Canada. The officer at the port of entry will make the final determination of whether the foreign national will be allowed to enter the country.
What documents are required to obtain a Temporary Resident Visa?

The potential list of supporting documents are extensive. For each person, the amount of evidence will be determined by their individual circumstances. It is important to ensure that all of the forms are completed properly.

The applicant must document the purpose and itinerary of their trip. The supporting document should include:

  1. a travel schedule,
  2. place where they will stay,
  3. copies of plane tickets,
  4. proof of financial support,
  5. and evidence that the foreign national will return back to their home country.

The evidence that the foreign national will return can be established by showing current employment, family ties, financial and property in their home country, social connections, and previous travel history.

If families are submitting a single package for a visa, it is important to submit evidence of the family ties including marriage certificates and birth certificates.

Applicants for a tourist visa should submit as many documents as possible to alleviate any concerns of the officer that the applicant will not return if their tourist visa is issued.

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.

Schengen Visa

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The Schengen Area is an area of 26 countries that are signatories of the Schengen Agreement. Schengen refers to a town in Luxemburg where the agreement was signed. Individuals with a Schengen visa can travel throughout the Schengen Area with a single visa for short term trips. There are three types of Schengen visas. There is a short stay travel visa for up to three months, an airport transit visa, and transit visa through Schengen territory for a maximum of five days.

The visa application should be submitted at the Schengen visa at the country where the applicant plans on spending the most time during the trip. If the visa applicant plans on traveling through multiple countries without a main destination, the applicant should be submitted at the embassy where they will enter the Schengen area.

Each country has their own requirements for a Schengen visa. There are two types of Schengen Visas ? A Uniform Schengen Visas (USV) allows travel throughout the Schengen area or a Limited territorial Validity Visa (LTV) which only allows travel in specific Schengen Countries. In addition, there single entry and multiple entry Schengen visas. Multiple entry visas will allow the holder reenter the Schengen area multiple times during the validity of the visa.

Every person who wants a Schengen visa must make an appointment and apply in person. The applicant can apply up to 12 weeks in advance of the trip but it is recommended that the interview occur a minimum of 15 days prior to the date of departure. The officer may interview the applicant about the purpose of the trip and the ability to support yourself during the trip.

Thai Property Contracts

 

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Real estate contracts are used to transfer real property from one person to another. The real estate contract will contain the terms of the sales agreement between the seller and the buyer. The sales agreement details how the seller will transfer the property, the responsible party for the sales taxes, and contingency actions if the sale is not completed. In Thailand, specific regulatory requirements must be met to ensure the legality of the property transfer. The primary issue for foreign nationals is that the property contract is written in Thai.

After an initial deposit, a contract for the sale to purchase land is issued by the seller. The sales contract is usually written in Thai and is translation into English, if the purchasing party is a foreigner. Before signing the sales contract, a buyer should read and understand the contract thoroughly. It should reflect the basic rights of the consumer. And the contract should be legal, complete, and enforceable. The Thai version of the contract will be used in a court of law in case of a disagreement.

The foreigner should be represented by independent counsel to ensure that the English translation conforms to the original Thai document. A competent property attorney can recommend amendments to the contract to ensure that it meets the needs of their foreign client. In addition, an attorney can ensure that there are no hidden provisions or charges in the contract.

For a foreigner who has leased land in Thailand, it is important to ensure that their rights are protected. The rights include the right to use the land and build on the land for the purpose intended by the foreigner. These are separate from the right to own the land. Generally the right to lease the property can be given for up to thirty years. The rights should also be transferred if the property lease has been extended. All of these documents should be properly registered with the local provincial government.

Marriage in Thailand

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The number of foreigners moving to Thailand seems to be growing every year. For many foreign nationals, they come to Thailand for a short visit then fall in love with the country. For others it was not the country but it was a specific person that they found that has kept them in the country. Whether the new couple has decided to live in Thailand or move overseas, they usually begin their lives together in matrimony.

What are the laws in regards to engagement and marriage in Thailand?

An engagement is not required to get married but it is custom and Thai law covers the particulars of the engagement and dowry. There are two types of dowry. An engagement is not valid until the man gives or transfer property to the woman which is called the Khongman. The man can also give property to the woman’s parents in return for the woman agreeing to marry which is called the Sinsod. If the woman causes the marriage to not take place, the man can request the return of the Khongman and Sinsod. An accepted engagement however does not force the woman or the man to marry each other. There cannot be an agreement for one party to pay a penalty if the marriage does not occur.

If there is an asset imbalance where one party is entering into the marriage with a larger financial assets than the other party, a premarital agreement should be considered. A prenuptial agreement is an agreement between the couple summarizing their personal assets and liabilities before marriage and outlining the property division in case of a breakup. A prenuptial agreement must be in writing, signed and witnessed by two witnesses, and registered at the local provincial office (Amphur) before the marriage registration. A prenuptial agreement cannot be altered except with authorization of a court.

A religious marriage ceremony in Thailand is not a legal marriage. Thailand is a civil law country that requires couples to register their marriage with the local Amphur. The documents required for marriage registration is different for a foreigner/Thai couple versus a Thai couple.

Foreigners who want to marry in Thailand must submit proof of the eligibility to get married. Since a Thai?s marriage history is recorded, a Thai national is not required to submit an affidavit of the ability to marry. Most foreign nationals can obtain an affidavit at their local embassy or consulate. The affidavit must be executed at the consulate, translated into Thai, and then legalized at the local Ministry of Foreign Affairs. There is no minimum period of stay in Thailand required before a marriage can take place.

The minimum age for marriage in Thailand is seventeen. If either one of the marrying couple is under 20 years old, the Ampur will require written consent of the marriage from the parents. If either one of the couple has been previously married, they will need to submit an original, government issued document showing that the previous marriage has been terminated. The documents could be in the form of a death certificate, divorce certificate, or court annulment.

Foreign nationals have to bring their original passport, 2 copies of their passport, copies of the entry visa, authenticated affidavit of the freedom to marry with copies, and original proof of the termination of previous marriages with copies. The Thai national will have to submit their Thai identification card and house registration with copies. All non-Thai documents need to be translated into Thai. A marriage registered in Thailand is legally binding and is generally recognized all over the world.

Property obtained prior to the marriage, property that is used for personal use, or property acquired as a gift or by will is considered separate party of the husband or wife. Property acquired during the marriage, by gift or will to the married couple, and fruits from separate property are considered marital property. The couple can designate separate property and marital property prior to the marriage through a properly prepared and filed premarital agreement.

If you are a foreign national, a marriage in Thailand is generally recognized all over the world unless it comes in conflict with local laws. Some countries allow same sex marriages and some countries will not recognize them. Other countries allow polygamous marriages while other nations outlaw them. There are also differences in the age of consent and the degree of family relationships in varying nation?s marital laws. It is best to review the applicable laws and regulations for both countries before deciding to get married. In addition, it is important not to be rush into a marriage without considering the consequences of a break up.

Branch Office

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Multinational companies who want to extend their reach into Thailand without creating a separate legal entity. The have two options for entering the Thai market. They can form a branch office or a representative office. Both are governed by the Foreign Business Act but they serve two different functions.

Branch Office

Branch offices can operate in a broader range of activities than representative offices. The Foreign Business Act treats a branch office as a mere extension of the head office. They are considered as part of the same legal entity as its head office and can engage in any and all activities within the head office’s scope of business.

A branch offices is not a separate legal entity but will have to obtain a foreign business license to legally operate and earn profit in Thailand. Branch offices have to obtain a taxpayer ID and register for VAT. In addition, the liabilities of the branch office is not limited to the branch office but also extends to the head office. Branch offices are treated the same as a limited company in the application of work permits for foreign employees.

A foreign branch office is considered like a foreigner and is subject to the Foreign Business Act. The branch is also subject to restrictions placed on foreigners under the Foreign Business Act. A branch office may be required to obtain a Foreign Business License depending on the type of business activities.

The decision of whether the foreign multinational company should open a branch office should be made after careful consultation with an experienced professional. Contact us at info@virasin.com.