K1 Visa Thailand: What If My Thai Fiancee Worked In A Bar?

In the Kingdom of Thailand, the laws relating to prostitution are somewhat opaque when it comes to the specific legal definition of prostitution

. This legal "gray area," can lead to some problems for those who wish to bring a significant other back to the United States as the significant other may be barred from entering the US.

The issues of prostitution, whether legal or illegal, and United States Immigration from Thailand can sometimes be intertwined. In some cases, a United States Citizen wishes to take a loved one back to America, but the loved one is found inadmissible (a technical term meaning unable to legally enter) pursuant to the language found in Section 212(a)(2)(D) of the United States Immigration and Nationality Act. This stipulates that one is inadmissible to the USA if they are coming to the US in order to engage in acts of prostitution or procure prostitutes. Further, the act imposes inadmissibility upon anyone who:

"directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, admission, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10-year period) received, in whole or in part, the proceeds of prostitution..."

This can lead to many obstacles for some bi-national couples when a Thai girlfriend, boyfriend, fiance, or spouse worked in the sex industry. Some have speculated as to whether merely working in a non-sexual capacity in an establishment that promotes prostitution could be construed as an exception to the restrictions imposed by 212(a)(2)(D). This author feels that this would not be considered an exception as the law clearly states that an alien is inadmissible if they received the proceeds of prostitution which could be interpreted quite broadly. Thus, if there is a possible prostitution issue in a given case, then it is generally advisable to simply tell the truth and deal with the consequences. Which begs the question: What is the practical result of an admission of the existence of a legal grounds of inadmissibility under § 212(a)(2)(D)? First, the US visa application will be denied, and this denial is not subject to appeal. However, there is a legally prescribed remedy in the form of an I-601 waiver of inadmissibility.

An I-601 waiver petition, if it obtains approval, allows a foreign national to be issued a visa regardless of the fact that a legal grounds of excludability (inadmissibility) exists in a given case. That being said, obtaining a waiver can be difficult as the petitioner must show that failure to grant the waiver would result in "extreme hardship" to a United States Citizen or Lawful Permanent Resident. Proving such hardship often requires the assistance of experienced legal professionals trained to understand the discrete legal and factual issues present in a situation which calls for an I-601 waiver.

by: Ben Hart

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