Connect with us

Thai Life

Law, Life and Society: Waiver for prostitution

Legacy Phuket Gazette

Published 

 on 

PHUKET: In my immigration practice, I assist many US citizens obtain visas for their Thai spouse or fiance. Last month, a client went to the final interview and came out distraught and crying.

During the interview, the officer informed my client that they received an anonymous message from someone informing them that she was engaged in prostitution. My client was angry at the suggestion that she was a prostitute, and demanded to know who provided the officer the information. The officer refused to disclose who made the accusation.

While my client was deemed to not have engaged in prostitution, there are many visa applicants who have been denied visas to the United States on the basis of untrue charges. They leave the US Embassy or Consulate confused and frustrated.

At the US Embassy, the Consular officer is given full discretion to determine whether an applicant qualifies for the visa. When the officer states that they have evidence that the applicant has committed an act that prevents them from issuing a visa, the burden of proof shifts to the applicant to prove that they have not committed the action. The officer will attempt to obtain a statement from the visa applicant confirming the accusation. A denial is generally not sufficient. It is difficult to prove a negative of an accusation.

For some young women without a formal education, their applications are closely reviewed for where they have lived and worked. Women who have worked in the service industry, such as a waitress or massage therapist in a high tourist area, are sometimes unfairly presumed to have engaged in prostitution. The visa applicant should be ready to rebut such accusations with evidence. The United States Embassy in Bangkok does not allow attorneys or the US citizen petitioner to attend the interview.

If they have been falsely accused of prostitution, it is important to deny the accusation. They should have evidence ready to rebut the charges. Evidence can include employment letters, photos and documents that show that the applicant was gainfully employed in a legal profession.

If the accused applicant cannot convince the consular officer that they have never engaged in prostitution, they could be found inadmissible to the United States because of INA 212(a)(2)(D). This section of the US Immigration Code prevents someone who has engaged in prostitution in the past 10 years to obtain a visa.

However, the denial of a visa for prostitution is not the end for the visa applicant. An applicant who has been denied a visa for prostitution can file to waive the finding. Unlike other types of waivers, there is no need to prove extreme hardship to the US citizen relative.

Section 212(h) of the Immigration and Nationality Act provides that the US Attorney General may waive the application of certain crimes, including prostitution.

The applicant has to demonstrate that their admission would not be contrary to the national welfare, safety or security of the US, and they have been rehabilitated.

For those who have been denied a visa because of a finding of prostitution, the 212(h) waiver is an option to reunite the Thai national with their US citizen. Evidence of the applicant’s reformation and good moral character is required.

The process is complicated and takes about six months to complete. Once the waiver is approved, the US Embassy will be notified and the visa applicant will be called in for another interview.

Robert R Virasin serves as managing director of Virasin and Partners. He is a licenced US attorney and a graduate of the University of California Los Angeles, University of Houston Law School, and Chulalongkorn University. Mr Virasin has practiced US Immigration law for over 15 years and can be reached via email at info@virasin.com or www.virasin.com

— Robert R Virasin

 

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.

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

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)5 mins ago

Tuesday Covid Update: 4,059 new cases and 35 deaths

Coronavirus (Covid-19)12 mins ago

Third vaccine shot may be necessary to combat Delta variant

South27 mins ago

South hit by 402 cases of Beta variant

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!

Coronavirus (Covid-19)15 hours ago

AstraZeneca Covid-19 vaccines to be donated to Thailand from Japan

Bangkok15 hours ago

Bangkok police warn that protests planned for Thursday break the Emergency Decree

Thailand16 hours ago

Thailand News Today | Hotel occupancy, Phuket beaches hit with tar balls, doctor ‘warning’ | June 21

Thailand16 hours ago

Pattaya residents complain of sinkholes in road, couple sustains injuries

Insurgency16 hours ago

2 suspected insurgents killed in gunfire exchange with police-military team

Best of16 hours ago

Top 8 Things to do in Hua Hin

Thailand17 hours ago

Army raids a house, arrests 53 as part of alleged gambling operation

Best of17 hours ago

Top 5 Insurance Companies for Expats in Thailand

Thailand17 hours ago

Thailand abstains from vote on UN resolution condemning Myanmar violence

Leisure17 hours ago

Top 5 Rooftop Bars in Bangkok

Best of17 hours ago

Top 5 Shabu-Shabu Restaurants in Bangkok

Indonesia17 hours ago

Indonesia approaches 2 million Covid cases

Thailand4 months ago

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

Tourism4 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