Thai fiancées and spouses who are barred from entering the US are called “inadmissible.” If a Thai person 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) stipulates certain conduct that would constitute grounds to bar a prospective immigrant from entering the United States. The legal expression for this type of conduct: Grounds for Inadmissibility.

WHAT ARE THE GROUNDS OF INADMISSIBILITY THAT ARE FREQUENTLY FOUND? HOW DOES INADMISSIBILITY AFFECT A THAI FIANCUE OR SPOUSE IMMIGRATING TO THE UNITED STATES?

The INA stipulates that any prospective immigrant with a contagious disease will be denied entry into 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 question of the inadmissibility of Thai is resolved with the suppression of the disease. Unfortunately, in the case of HIV/AIDS, which is incurable at the time of this writing, a waiver must be obtained before a prospective immigrant can enter the US.

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

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

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

THE NEED FOR AN EXEMPTION FOR AN INADMISSIBLE THAI GIRLFRIEND OR SPOUSE

If a Thai fiancée or spouse is inadmissible, all is not necessarily lost. A Thai fiancée or spouse may be eligible for a waiver of the grounds of inadmissibility. A waiver form I-601 must be filed to obtain a waiver for a Thai loved one. However, this form can only be filed 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 BRIDES AND SPOUSES: “EXTREME HARDNESS” TEST

For the most part, applicable law regarding the waiver of grounds of inadmissibility requires a finding that: the consistent refusal to allow the Thai fiancée or spouse to enter the United States will cause “extreme hardship” to the fiancée or spouse US citizen. The term “extreme hardship” is never defined in the statute. Consequently, we may assume that the difficulty must be raised above normal hardship 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, for the Thai fiancé or spouse to be statutorily entitled to an exemption.