Immigration Waiver I-601 – Prostitution 212(a)(2)(D)(i)
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 believe that the applicant has committed prostitution, the burden of proof shifts to the applicant to prove that they have not committed the act. The officer will attempt to obtain a statement from the visa applicant confirming the accusation. Telling the officer that they did not commit prostitution is usually not enough.
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.
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 obtaining a visa.
Prostitution Immigration Waiver Process
A denial of a visa for prostitution is not the end. An applicant who has been denied a visa for prostitution can file to waive the finding. The immigration waiver process is requiring the filing of immigration forms, a brief containing arguments in support of a waiver, and supporting documentation.
It is imperative that the brief and the supporting documents are persuasive to overcome the immigration officer’s finding of inadmissibility. The waiver, brief, and supporting documents must be organized in a systematic matter. A few letters will not be enough, and a stack of unrelated documents may mean that the officer will only review the few pages and disregard the remaining documents as inconsequential. The immigration officer has many cases and it is important that every document lends itself toward approval of the immigration waiver.
I have represented many visa applicants who have been denied a visa because of a finding of prostitution and successfully obtained an immigration waiver them. The process begins with the visa applicant telling me their story and I listen. This is usually done with an interpreter. After completing their story, I ask additional questions to obtain additional details. I spend a couple of days considering the story and prepare an outline of a plan that will give us the best possible course to a waiver approval. Then the work begins for our team and the client to prepare the best possible package.
Why Hire Us?
All of our cases are important to our firm. We understand the heartache and disappointment after a visa is denied. We want to make the situation right. If your visa has been denied because of a finding of prostitution, please contact our office.
What our firm will do for you
- Prior to filing the case, we will discuss the best option for you.
- With an office in Bangkok, Thailand, we will ensure that your family members are part of the process and that we prepare the best waiver application possible.
- With fluent bilingual staff, we can ensure that all documents are properly translated and prepared.
- I personally oversee all cases and review everything prior to the case being sent to the appropriate U.S. Government agency.
- Clients can personally send me messages at any time, and I guarantee that I will respond with an answer as quickly as possible.
- As your attorney, I will personally contact the appropriate U.S. Government agency if there are any issues with the case.
- We will personally prepare your family member prior to embassy interviews.
- We will assist in obtaining police clearances and medical examinations.
If you have any questions about our services, please send us a message. We will be there to assist your loved one in obtaining an immigration waiver.