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US Visa Thailand: What If My Thai Fiancee Worked In A Bar?

By Ben Hart

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Published: 23Apr2010
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In Thailand, the relevant laws relating to prostitution are very vague when it comes to the definition of prostitution. This legal "grey area," leads to some difficult issues for those who wish to bring a loved one back to the United States of America as the loved one may be barred from entering the United States.

The issues of prostitution, whether legal or illegal, and United States Immigration from Thailand can sometimes be intertwined. There are some cases in which an American Citizen wishes to bring loved one back to the USA, but the loved one is found inadmissible under the provisions of the United States Immigration and Nationality Act section 212(a)(2)(D). This stipulates that one is inadmissible to the USA if they are coming to the US in order to engage in acts of prostitution or procure prostitutes. Further, the act imposes inadmissibility upon anyone who:

"directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, admission, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10-year period) received, in whole or in part, the proceeds of prostitution..."

This can lead to many obstacles for some bi-national couples when a Thai girlfriend, boyfriend, fiance, or spouse worked in the sex industry. Some have speculated as to whether merely working in a non-sexual capacity in an establishment that promotes prostitution could be construed as an exception to the restrictions imposed by § 212(a)(2)(D). This author feels that this would not be considered an exception as the law clearly states that an alien is inadmissible if they received the proceeds of prostitution which could be interpreted quite broadly. Therefore, if there is an issue related to prostitution in a given case, then it is usually better to simply tell the truth and deal with the consequences. Which begs the question: What are the consequences of admitting to being subject to a legal grounds of inadmissibility under § 212(a)(2)(D)? First, the US visa application will be denied, and this denial is not subject to appeal. However, there is a legally prescribed remedy in the form of an I-601 waiver of inadmissibility.

An I-601 waiver, if approved, allows an alien to be granted a visa notwithstanding the fact that a legal grounds of inadmissibility exists in a given case. That being said, obtaining a waiver can be difficult as the petitioner must show that failure to grant the waiver would result in "extreme hardship" to a United States Citizen or Lawful Permanent Resident. Proving such hardship often requires the assistance of experienced legal professionals trained to understand the discrete legal and factual issues present in a situation which calls for an I-601 waiver.

Ben Hart is an attorney from the USA and Managing Director of Integrity Legal (Thailand) Co. Ltd. Contact them at 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. See them on the web at: I-601 waiver or K1 visa.

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