| The United States visa process can be fraught | | | | and be investigated by the Fraud Prevention Unit. |
| with complications, but at the end of the process | | | | An interview by an officer in the Fraud Prevention |
| comes the visa interview. The information below | | | | Unit, although conducted with courtesy, will likely |
| is intended for those interviewing at the Consular | | | | see the applicant placed under intense scrutiny in |
| Section of the United States Embassy in | | | | order for the Consular Officer to determine the |
| Bangkok, Thailand. | | | | facts of the case. Fortunately, in those cases in |
| The Immigration process for a United States | | | | which fraud is not an issue, with proper |
| Citizen's spouse or fiance can be time consuming | | | | preparation beforehand, the applicant's interview |
| and somewhat convoluted. The culmination of the | | | | can be a relatively stress-free affair. |
| process is the US visa interview which is | | | | At the conclusion of the visa interview the |
| conducted by a Consular Officer at a United | | | | applicant will likely be presented with one of two |
| States Embassy or United States | | | | documents. If the Consular Officer feels that |
| Consulate-General abroad. | | | | more information is needed, then a 221(g) refusal |
| As the US Immigration process winds down, it | | | | letter will be issued. This letter simply states that |
| comes time for the Thai-American couple to start | | | | the visa is being refused pursuant to section |
| contemplating the US visa interview. Some Thai | | | | 221(g) of the Immigration and Nationality Act. |
| visa applicants are nervous about the American | | | | Under this provision, the Consular Officer can |
| visa interview as many of them are under the | | | | refuse to grant a visa until further documentation |
| incorrect impression that it is the Consular | | | | is provided. The remedy for this documentary |
| Officer's job to sabotage the applicant's application. | | | | deficiency depends upon the evidence requested. |
| This is simply not correct. American Consular | | | | At the US Embassy in Bangkok, if the visa |
| Officers are responsible for adjudicating visa | | | | application is approved, then the applicant's |
| applications that are submitted to the Consulate. | | | | passport will be taken and the Consular Officer will |
| In many cases, this is simply an exercise of due | | | | provide the applicant with a "Red Card." This is a |
| diligence to ensure that the couple is truly in a | | | | small index card which is stamped with the date |
| bona fide relationship and that no legal grounds of | | | | and time that the visa can be picked up. It has |
| inadmissibility exist. This being said, in situations | | | | been deemed a "Red Card" due to the fact that |
| where an applicant attempts to deceive or | | | | the ink used to stamp the index card is red. |
| defraud the Consular Officers the result of such | | | | For those who have retained a licensed US |
| attempts can be very detrimental. Consular | | | | attorney in Bangkok the current Embassy policy is |
| officers are trained to spot discrepancies in visa | | | | that the attorney can pick up the applicant's |
| applications and they are also tasked with finding | | | | passport if the applicant is unable to do so. |
| the truth about an applicant's past if it is pertinent | | | | However, visa companies, visa agents, and fly by |
| to visa issuance. Thus, in cases where an applicant | | | | night operators claiming to be lawyers (without |
| attempts to misrepresent facts on a visa | | | | proper licensure) cannot correspond with the |
| application there is a good chance that the | | | | Embassy on behalf of family visa seekers. |
| application will be held for administrative processing | | | | |