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The Practical Side of Visa Denials and Waivers of Inadmissibility | US Visa Immigration in Thailand

The Practical Side of Visa Denials and Waivers of Inadmissibility

by admin on June 4, 2009

In order to understand how US visa waivers work at the Consular level, it is necessary to look more closely at the practical side of visa denials.  Worldwide statistics from 2008 released by the US Bureau of Consular Affairs, as well as the experience of a US lawyer in Bangkok, will help shed a light on the true numbers of visa denials.
 
US Bureau of Consular Affairs Statistics

According to the US Bureau of Consular Affairs statistics, the most common grounds of visa denials for both immigrant and non-immigrant visa types are actually “failure to establish entitlement to nonimmigrant status” followed by “non-compliance with the provisions of INA.” These catch-all phrases usually mean the petition or application presented did not meet even basic standards for visa qualification.  More than half of those issued visa denials were subsequently issued visas after filing for a visa waiver.

Myth of Prostitution

In spite of the volume of material published regarding prostitution as a cause of visa denial, particularly in Thailand, in our experience, cases of denial on the grounds of prostitution are quite rare. According to the worldwide statistics, 44 persons were denied visas as a result of suspected involvement in prostitution and nine of those that were denied on this ground subsequently received a waiver.  Out of almost two and a half million visa denials worldwide, denial on the grounds of prostitution is a rather small proportion.

15 Years of Practice in Bangkok

The majority of people seeking our assistance with waiver applications, however, are for visa denial based on the grounds of communicable diseases, HIV/AIDs in particular.  Using this case as an example, if an individual is faced with inadmissibility on the basis of HIV/AIDs he/she will normally be required to file a waiver application and provide supplementary documentation, such as proof of insurance covering the applicant’s HIV positive condition in the form of a letter from an insurance company acknowledging coverage for HIV. We have never had any problems seeking this waiver.  Of course, denials based on various other grounds need to meet different standards for waiver applications.

Waiver Outcomes

Individuals and their situations are evaluated on a case by case basis by the consular officer and USCIS official handing the cases.  It is best to seek the advice of a trained legal professional in this area for the likelihood of receiving a waiver in these and other situations.  Some waivers require a very high standard of evidence.  A waiver petition should be treated as a court pleading with references to the Immigration and Nationality Act and appropriate case law as necessary.

For more information please see Waivers of US Visa Denials and Waivers in Thailand

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