I-601 inadmissibility and waivers for fiancées and spouses immigrating from Thailand to the US.

Thai brides and wives who are prohibited from entering the United States are classified as “inadmissible.” If a Thai is found to be inadmissible, a waiver of the ground of inadmissibility is often requested. This article will attempt to provide information on inadmissibility and the waiver process.

WHAT IS THE DEFINITION OF “GROUNDS OF INADMISSIBILITY”?

The United States Immigration and Nationality Act (INA) provides for certain conduct that would constitute grounds to prevent a potential immigrant from entering the United States. The legal expression for this type of conduct: Grounds for Inadmissibility.

WHAT ARE THE FREQUENTLY FOUND REASONS FOR INADMISSIBILITY? HOW DOES INADMISSIBILITY AFFECT A THAI FIANCEE OR SPOUSE IMMIGRATING TO THE US?

The INA stipulates that any potential immigrant with a contagious disease will be denied entry to the United States. In Thailand, the most common communicable diseases that result in inadmissibility are: AIDS / HIV, syphilis, tuberculosis and gonorrhea. In cases where the disease can be cured, the problem of the inadmissibility of Thais is solved with the suppression of the disease. Unfortunately, in the case of HIV / AIDS, which is incurable at the time of this writing, an exemption must be obtained before a potential immigrant can enter the US.

In addition to health-related concerns, legal concerns are also important according to the INA. Drug offenses convictions are considered justification for declaring a Thai loved one inadmissible in the United States. Furthermore, the commission of crimes of “moral depravity” by the Thai fiancée or spouse is grounds for declaring the Thai inadmissible in the United States. This problem often arises because what are otherwise considered “minor” crimes can be considered grounds for declaring a Thai fiancé or spouse inadmissible because the crime is considered a crime of moral turpitude.

An example of this would be petty theft, even something as seemingly harmless as theft by a Thai spouse or fiancée in the distant past could and probably will be used as the basis for excluding a Thai loved one from the United States. Additionally, having multiple criminal convictions, regardless of category, is considered a ground to exclude a Thai loved one from entry to the US Prostitution is another ground of inadmissibility. A prospective Thai immigrant, who is involved in a vice for profit, will be considered inadmissible in the United States for ten years from the date of his final act of prostitution.

If a Thai fiancée or spouse previously stayed longer than the visa in the United States, then it could be a basis for considering that the Thai is currently ineligible. For those Thai fiancées and spouses with an overstay problem, a good rule of thumb is: if the overstay was more than 180 days, but less than 1 year, then the Thai fiancee or spouse will be inadmissible for 3 years. If the Thai fiancée or spouse stayed in the US for more than a year, the Thai spouse will be inadmissible for 10 years.

THE NEED FOR A WAIVER FOR AN INADMISSIBLE THAI RELATIVE OR SPOUSE

If a Thai fiancée or spouse is found inadmissible, all is not necessarily lost. A Thai fiancée or spouse may be entitled to a waiver of the grounds of inadmissibility. A waiver form I-601 must be submitted to obtain a waiver for a Thai loved one. However, this form can only be submitted after a consular officer has concluded that there is a ground of inadmissibility under the Immigration and Nationality Act. For a Thai fiancé or spouse, whose application was denied in Thailand, the I-601 petition must be filed with the USCIS Bangkok District Office.

EXEMPTIONS FOR THAI BOYS AND SPOUSES: DEMONSTRATE “EXTREME DIFFICULTY”

For the most part, the applicable law with respect to the waiver of grounds of inadmissibility requires a finding that: The continued refusal to allow the Thai fiancé or spouse to enter the United States will cause “extreme hardship” for the fiancé or citizen spouse American. The term “extreme hardship” is never defined in statute. Consequently, we can assume that the difficulty must rise above the normal difficulties to a degree of adversity commensurate with the use of the word “extreme.” This “extreme hardship” must also fall on the US citizen fiancé or spouse, not the Thai fiancé or spouse, in order to legally entitle the Thai fiancé or spouse to a waiver.