Connect with us

Thai Life

Consequences of committing immigration fraud

Legacy Phuket Gazette

Published 

 on 

PHUKET: In February, Sittichai Boonkeian murdered his 13-year-old daughter and committed suicide by hanging himself from a ceiling fan. His wife, Chonrat Mungmart, believes that Mr Sittichai’s murder-suicide was a result of the anxiety and problems associated with their separation. Mr Sittichai and his daughter were living in Florida and his wife was in Thailand.

Ms Chonrat was separated from her husband and daughter as a result of committing immigration fraud. She attempted to bypass a multiple year wait time for entry into the United States by spouses of US permanent residents, by entering into a fraudulent marriage with a US citizen. The fraud was discovered, and she was deported.

While there are many problems with the US immigration system, Ms Chonrat’s attempt to shortcut through the immigration system had serious consequences and led to the long-term separation of her family. Ms Chonrat should have waited, because, unlike most people, Ms Chonrat had a legal pathway to immigrate to the United States.

There are three pathways for immigration to the United States: foreign nationals can immigrate through an employer’s sponsorship, they can invest a large sum of money and start a business in the US, or a US citizen or US permanent resident can file a petition for their immediate relatives. The current wait period for a spouse of a US Permanent Resident is less than three years.

Instead of a three year wait, Ms Chonrat’s immigration fraud makes her an immigration violator and inadmissible from entering the US without a waiver. Immigration fraud is one of the grounds for inadmissibility.

The other six inadmissibility categories are: health-related grounds, such as communicable diseases; certain criminal or drug offenses; economic grounds (foreign nationals deemed to be a public charge; intending immigrants, who attempt to enter with a non-immigrant visa; previously removed or deported individuals from the United States; and other miscellaneous legal grounds, such as polygamy.

Overcoming a finding of inadmissibility is difficult. Individuals who have been found inadmissible will have to submit an application for a waiver of their inadmissibility. These applications have a high evidentiary requirement.

Most immigrant waivers require a showing of extreme hardship to a US citizen family member. The extreme hardship encompasses economic, social and psychological hardship. In addition, the application must address why it would be difficult for the US citizen to move to the waiver applicant’s home country. The decision to grant waivers are discretionary, and very difficult to get approved.

There are many people in the world who are desperate to go to the United States.

They listen to rumors, people who have unsubstantiated advice, or scammers, who provide false options. Potential immigrants need to understand that there are limited options for legally entering the United States.

Some people do not currently qualify to immigrate. However, people’s lives and immigration laws are constantly changing. These changes may open future avenues for immigration to the United States.

However, when someone has been found to have committed immigration fraud, they are permanently barred from entering.

With the exceptions of waivers in limited circumstances, they have closed their door to obtaining a visa.

Robert R. Virasin serves as managing director of Virasin and Partners. He is a licensed U.S. attorney and a graduate of the University of California Los Angeles, University of Houston Law School, and Chulalongkorn University. He can be reached via email info@virasin.com.

— Robert Varasin

 

Want more Thailand news from the Thaiger family?

📱 Download our app on Android or iOS for instant updates on your mobile
📝️ Join the conversation on Thaiger Talk - discuss news & life in our Thailand forums
📧 Subscribe to our daily email newsletter
👍 Like/Follow us on Facebook
🔔 Subscribe to or Join our YouTube channel for daily video updates

image

Join the conversation and have your say on Thailand news published on The Thaiger.

Thaiger Talk is our new Thaiger Community where you can join the discussion on everything happening in Thailand right now.

Please note that articles are not posted to the forum instantly and can take up to 20 min before being visible. Click for more information and the Thaiger Talk Guidelines.

Archiving articles from the Phuket Gazette circa 1998 - 2017. View the Phuket Gazette online archive and Digital Gazette PDF Prints.

Follow Thaiger by email:

Coronavirus (Covid-19)14 mins ago

Wednesday Covid Update: 2,331 new cases and 40 deaths

World31 mins ago

Global travel demand driven by vaccine rollouts: Tripadvisor survey

Technology54 mins ago

Samsung Galaxy M62; Should You Buy It?

Phuket Sandbox July 1st

days
hours
minutes
seconds

Thaiger is getting behind local businesses for the restart of tourism in July - up to 50% discounts across all advertising packages in June!

Sponsored by image

Phuket1 hour ago

Location-tracking wristbands and punishments for escapees: Phuket gets ready to welcome vaccinated tourists

Thailand15 hours ago

Tourism officials eye August reopening under “Pattaya Move On” travel scheme

Thailand16 hours ago

Thailand News Today | Covid vaccine for foreigners, PM “not going anywhere”, Boss update | June 15

Best of16 hours ago

Top 8 Affordable Hotels to stay in Bangkok

Thailand16 hours ago

Central Bankruptcy Court approves Thai Airways debt restructuring plan

Best of16 hours ago

Top 5 secret islands and beaches in Thailand

Best of17 hours ago

5 best national parks in Phuket

Thailand17 hours ago

Australian man arrested for alleged child sex abuse in Thai border town

Best of17 hours ago

10 best fruits and vegetables in Thailand

Thailand17 hours ago

3 dead in 3 truck crash in Surat Thani

Thailand18 hours ago

Bangkok Post and Fazwaz join together to galvanise property listings platform

Bangkok18 hours ago

CCSA has yet to begin talks on lifting alcohol ban at Bangkok restaurants

Thailand3 months ago

Thailand News Today | Thai Airways in rehab, All go for Songkran | March 4

Tourism3 months ago

Phuket’s nightlife. Yes, bars and clubs are still open | VIDEO

Phuket4 months ago

Thailand News Today | Covid passport talks, Thai Airways heads to court | March 2

Tourism4 months ago

Phuket Thai food treats you need to try | VIDEO

Thailand4 months ago

Thailand News Today | Bars, pubs and restaurants ‘sort of’ back to normal | Feb 23

Tourism4 months ago

In search of Cat & Dog Cafés in Phuket Town | VIDEO

Thailand5 months ago

Thailand News Today | Gambling crackdown, Seafood market to reopen, Vlogger challenge | Jan 21

Thailand5 months ago

Thailand News Today | Covid testing for visas, Business impact, Vaccine approval | January 19

Thailand5 months ago

Thailand News Today | Weekend Bangkok bombs, Thailand fires, Covid update | January 18

Thailand5 months ago

Thailand News Today | Stray car on runway, Indonesian quake, 300 baht tourist fee | January 15

Thailand5 months ago

Thailand News Today | Governor off respirator, sex-trafficking arrest, condo prices falling | January 14

Thailand5 months ago

Thailand News Today | Chinese vaccine, Thailand ‘drug hub’, Covid update | January 13

Thailand5 months ago

Thailand News Today | Bangkok may ease restrictions, Phuket bar curfew, Vaccine roll out | January 12

Thailand5 months ago

Thailand News Today | Covid latest, Cockfights closed down, Bryde’s Whale beached | January 11

Thailand5 months ago

Thailand News Today | Southern floods, Face mask fines, Thai Air Asia woes | January 8

Trending