| Thai fiancees and spouses who are barred from | | | | convictions, regardless of category, is deemed to |
| entering the US are dubbed "inadmissible." If a | | | | be a rationale for excluding a Thai loved one from |
| Thai is found to be inadmissible then a waiver of | | | | entry into the US. Prostitution is another ground |
| the ground of inadmissibility is often sought. This | | | | of inadmissibility. A Thai prospective immigrant, |
| article will attempt to provide information | | | | who is involved in vice-for-profit, will be deemed |
| regarding inadmissibility and the waiver process. | | | | inadmissible to the United States for ten years |
| WHAT IS THE DEFINITION OF "GROUNDS OF | | | | from the date of their final act of prostitution. |
| INADMISSIBILITY"? | | | | If a Thai fiancée or spouse previously |
| The United States Immigration and Nationality Act | | | | overstayed a visa in the United States, then it |
| (INA) stipulates certain conduct that would | | | | could be a basis for considering the Thai to be |
| constitute grounds for precluding a prospective | | | | currently inadmissible. For those Thai |
| Immigrant from entering the United States. The | | | | fiancées and spouses with an overstay |
| statutory expression for these types of behavior: | | | | issue, a good rule of thumb is: if the overstay |
| Grounds of Inadmissibility. | | | | was more than 180 days, but less than 1 year, |
| WHAT ARE THE GROUNDS OF | | | | then the Thai fiancée or wife shall be |
| INADMISSIBILITY FREQUENTLY ENCOUNTERED? | | | | inadmissible for 3 years. If the Thai |
| HOW DOES INADMISSIBILITY AFEECT A THAI | | | | fiancée or spouse overstayed in the US |
| FIANCEE OR SPOUSE IMMIGRATING TO THE | | | | for more than a year, then the Thai shall be |
| USA? | | | | inadmissible for 10 years. |
| The INA stipulates that any prospective | | | | THE NECESSITY OF A WAIVER FOR AN |
| Immigrant who has a communicable disease shall | | | | INADMISSIBLE THAI FIANCEE OR SPOUSE |
| be denied entry to the United States. In Thailand, | | | | Should a Thai fiancée or spouse be found |
| the most common communicable diseases giving | | | | inadmissible, all is not necessarily lost. A Thai |
| rise to inadmissibility are: AIDS/HIV, Syphilis, | | | | fiancée or spouse could be entitled to |
| Tuberculosis, and gonorrhea. In cases where the | | | | obtain a waiver of the grounds of inadmissibility. |
| disease can be cured, the issue of the Thai's | | | | An I-601 waiver form should be filed to obtain a |
| inadmissibility is resolved with the suppression of | | | | waiver for a Thai loved one. However this form |
| the disease. Unfortunately, in the case of HIV | | | | can only be filed after a consular official has |
| AIDS, which is incurable as of the time of this | | | | concluded that a ground of inadmissibility exists as |
| writing, a waiver must be obtained before a | | | | per the Immigration and Nationality Act. For a |
| prospective immigrant may enter the USA. | | | | Thai fiancée or spouse, whose application |
| As well as health related concerns, legal concerns | | | | was denied in Thailand, the I-601 petition must be |
| are also of importance under the INA. Convictions | | | | filed with the USCIS Bangkok District Office. |
| for drug related offenses are considered a | | | | WAIVERS FOR THAI FIANCEES AND SPOUSES: |
| justification for finding a Thai loved one to be | | | | PROVING "EXTREME HARDSHIP" |
| inadmissible to the United States. Also, commission | | | | For the most part, the applicable law regarding the |
| of crimes of "moral turpitude" on the part of the | | | | waiver of grounds of inadmissibility requires a |
| Thai fiancée or spouse is grounds for | | | | finding that: the consistent refusal to allow the |
| finding the Thai inadmissible to the US. This issue | | | | Thai fiancée or spouse to enter the United |
| arises because often what are otherwise | | | | States will cause "extreme hardship" to the U.S. |
| considered "mild" offenses can be considered | | | | Citizen fiancé or spouse. The term |
| grounds for finding a Thai fiancé or spouse | | | | "Extreme hardship" is never defined in the statute. |
| inadmissible because the offense is considered a | | | | Consequently, we can assume that the difficulty |
| crime of moral turpitude. | | | | must rise above normal hardship to a degree of |
| An example of this would be petty theft, even | | | | adversity in keeping with the use of the word |
| something as seemingly innocuous as shoplifting | | | | "extreme." This "extreme hardship" must also fall |
| committed by the Thai fiancée or spouse | | | | upon the US citizen fiancé or spouse, not |
| in the distant past could and likely will be used as | | | | the Thai fiancée or spouse, in order to |
| a basis for excluding a Thai loved one from the | | | | statutorily entitle the Thai fiancée or |
| United States. Also, having multiple criminal | | | | spouse to a waiver. |