PART
3:
Summary:
This section discusses the process the United States
Embassy and Department of Homeland Security, Bureau
of Citizenship and Immigration Services follows when
determining whether or not to grant a waiver following
a denied application for a United States K1 or K3 marriage
or fiance visa. It also specifically addresses the issue
citizens of Thailand face when their K1 or K3 marriage
or fiance visa application is jeopardized because of
allegations of prostitution from working in a go-go
or hostess bar. It also explains how investigations
may be conducted at the United States Embassy or BCIS
Bangkok District Office in the event of failure to disclose
such information.
Factors
Used in Determining Whether to Grant a Waiver: According
statute, the decision whether or not to grant a waiver
is to be made by the Attorney General. The Attorney
General has delegated this authority to the Department
of Homeland Security, Bureau of U.S. Citizenship and
Immigration Services (BCIS), previously known as the
Immigration and Naturalization Service (INS). So, while
applications for a nonimmigrant visas and waivers may
be submitted to a U.S. Consulate office or Embassy,
the applications will most likely be directed to BCIS.
The
relevant factors that the BCIS uses in weighing an applicationin
stem from a case called Matter of Hranka. This case
involved a Canadian citizen who had been deported from
the United States in 1975 for engaging in prostitution.
However, following her deportation she returned to Canada
and had seemingly rehabilitated herself. She then wished
to obtain a visa so she could make trips to the United
States in order to visit family but the Immigration
and Naturalization Service denied her application. The
Board of Immigration Appeals (BIA) overruled the INS
decision, deciding that the alien was eligible for such
a visa because she appeared to have been rehabilitated,
despite the short period of time that had passed.
The
case established the following as factors to be considered
when deciding to grant a waiver:
1. The risk of harm to society if the alien is admitted;
2. Seriousness of the alien's criminal or immigration
violation or other ground of inadmissibility; and
3. The alien's reason for wanting to come to the U.S.
Suspicion
of Prostitution as Grounds in Thailand: In Thailand,
where some women work in entertainment establishments
such as go-go and hostess bars, there are concerns that
this employment may be connected to prostitution and
therefore establish grounds for inadmissibility. If
the BCIS determines that the woman was actually involved
in prostitution, this may result in grounds for inadmissibility.
However, an application for a waiver can still be applied
for.
If
the BCIS independently discovers employment that could
be deemed as prostitution they will interrogate the
individual in order to confirm or deny such employment.
If a visa application failed to list such employment
(whether directly involved in prostitution or otherwise)
this could result in additional investigation which
may complicate the future waiver process.
In
the event that there is a criminal record of prostitution
occurring within the past 10 years, it may be advisable
to submit the waiver application subsequent with the
visa application.
The
BCIS Bangkok Office will not provide any advisory opinions
as to the likelihood of an application being accepted
or rejected; applications and individuals are considered
on a case by case basis.
