| Each year, American Citizens travel abroad and meet | | | | applicant will likely be denied. |
| the love of their life. Unfortunately, it can be a time | | | | In some instances, the US Citizen counterpart is |
| consuming process to take a loved one back to the | | | | resident in the Kingdom of Thailand. In these situations, |
| United States of America. The following article looks at | | | | overcoming the presumption of immigrant intent may |
| the United States Immigration issues connected with a | | | | be easier as the Consular Officer may view the |
| US Tourist visa application submitted on behalf of a | | | | American's residence in Thailand as a strong factor |
| Citizen of the Kingdom of Thailand. | | | | that would compel the Thai applicant to return. That |
| The United States Tourist Visa can be a difficult travel | | | | being said, these adjudications are essentially based |
| document to obtain for the wife, husband, fiance, | | | | upon the Officer's discretion as well as the unique set |
| girlfriend, boyfriend, or significant other of a United | | | | of facts in each case and therefore any hypothesizing |
| States Citizen. Many Americans become frustrated or | | | | about a Consular Officer's probable decisions would |
| disgruntled by the fact that US tourist visa applications | | | | be an exercise in mere speculation. |
| are routinely turned down by the Consular Officers at | | | | For those interested in taking a Thai loved one back to |
| the American Embassy in Bangkok, Thailand or the | | | | the United States to reside, the US Tourist Visa is not |
| American Consulate-General in Chiang Mai, Thailand. In | | | | the correct travel document for this purpose. Even still, |
| many instances, once the applicant (or the applicant's | | | | US Citizens should look to the K-1 visa, the K-3 visa, or |
| sponsor) is provided with information regarding the | | | | the immigrant marriage visas (CR-1 or IR-1) as a lawful |
| relevant law, the reason for the application's denial is | | | | method of bringing a Thai loved one to the USA. |
| nearly self-evident. | | | | A word of caution: to those who would use |
| The American Immigration and Nationality Act (INA) | | | | dishonesty or subterfuge to obtain desired immigration |
| delineates clear rules about how Consular Officers | | | | benefits be warned that use of such tactics would |
| should view visa applications and applicants. Pursuant | | | | likely result in unforeseen complications as the Consular |
| to section 214(b) of the INA, a Consular Officer must | | | | Officers at US Embassies and Consulates abroad are |
| presume that all applicants for non-immigrant visas are, | | | | highly skilled at detecting misrepresentations and a |
| in reality, intending immigrants. To be more precise, in | | | | material misrepresentation of fact in a visa application |
| the case of US tourist visa applications the Consular | | | | could lead to a finding that the applicant is inadmissible |
| Officers must presume that anyone applying for a B-2 | | | | to the United States. Further, it is becoming more and |
| Tourist visa is, in fact, an undisclosed immigrant. The | | | | more obvious that Customs and Border Protection |
| officer must be completely convinced that an applicant | | | | (CBP) Officers are on the lookout for those using B2 |
| is not an undisclosed intending immigrant in order for | | | | tourist visas to immigrate to the United States of |
| the statutory presumption under section 214(b) to be | | | | America through subterfuge. If a CBP officer finds that |
| overcome. In cases where a Thai applicant has an | | | | one is an undisclosed immigrant they can place the |
| American boyfriend, fiance, or husband the | | | | traveler in expedited removal proceedings. After |
| presumption of immigrant intent is not easily overcome | | | | removal, the traveler would be barred from reentering |
| which leads to a situation in which the tourist visa | | | | the USA for a statutorily prescribed period of time. |