| The most common non-immigrant visa request in | | | | and examine her employment status and |
| Thailand is the B1 or B2 Tourist Visa. This visa is | | | | documents to determine her eligibility. |
| the fastest way for a Thai applicant to gain entry | | | | In the event that the tourist visa is refused |
| into the United States for a short, temporary | | | | pursuant to Section 214(b) of the Immigration and |
| visit. | | | | Nationality Act, the underlying language of the |
| Under the United States Immigration and | | | | statute is that if the consular officer's |
| Nationality Act (INA) Section 214(b): an applicant | | | | determination that an applicant is ineligible for this |
| for a non-immigrant US visa (such as a tourist | | | | visa, then based on this factual finding the case is |
| visa) must overcome the legal presumption that | | | | not appealable. The reality of the situation is that |
| they are an intending immigrant. The burden is on | | | | tourist visas are rarely worth appealing because it |
| the visa applicant that they have no intention of | | | | is time consuming, costly, and rarely successful. |
| abandoning their residence in Thailand, therefore | | | | The practical option is to reapply with more |
| they must have "strong ties" that will compel | | | | meaningful and relevant evidence to overcome |
| them to return home after the visit. | | | | the legal presumption of immigrant intent. |
| In the case of a Thai girlfriend, if the primary | | | | Essentially, for an average US citizen who lives |
| reason to come to America is linked to a | | | | abroad and wants to bring a Thai girlfriend or |
| relationship with a US citizen, then it is imperative | | | | boyfriend to the US for a temporary visit, the |
| for the applicant to show the US citizen's strong | | | | tourist visa is the first option, however, it is |
| ties to Thailand as well. For instance, if the US | | | | sometimes a futile effort due to the legal |
| citizen is living and legally working in Thailand, and | | | | standard required from the visa applicant. |
| he is going abroad for a brief business trip or visit, | | | | Applicants with strong ties to the US, such as a |
| and he has steady, continuous employment and | | | | boyfriend, and weak ties to Thailand, such as |
| income from his job in Thailand, then the likelihood | | | | unemployment, are unlikely to be issued a tourist |
| of the Thai girlfriend staying in the US is | | | | visa. |
| diminished significantly. Proving vicariously through | | | | Additionally, the tourist visa application fee, |
| the US citizen's strong ties to Thailand enables the | | | | whether the visa is issued or not, is |
| girlfriend to possibly overcome the presupposition | | | | non-refundable. Whether one believes the case |
| of immigrant intent. In other words, significant | | | | was wrongfully and unjustifiably denied, there is |
| factors compelling the US citizen to return to | | | | no provision in the law or policy to allow for a |
| Thailand may be used jointly for the Thai girlfriend | | | | refund. Therefore, Thai applicants have to be |
| accompanying him on the trip. Saying that though, | | | | overly prepared at the interview and be realistic |
| it is not always the case that this type of | | | | about the odds of getting a tourist visa. On the |
| scenario would prove positive for all tourist visa | | | | bright side, the tourist visa is just one category of |
| applicants. The US consular officers interviewing | | | | non-immigrant visas, as K1 fiance visa is available |
| the Thai applicant will evaluate the Thai girlfriend's | | | | for eligible candidates. |
| background for any lawful inadmissibility issues, | | | | |