Applying
for an immigrant or non-immigrant visa to the United States
can be a complicated process. It is not uncommon for Thai
people to have difficulty with their US visa application
process. There are a number of causes that can prevent a
citizen of Thailand from successfully receiving a visa to
live or work in the USA. Over the past several years, immigration
or travel to the United States has become more difficult.
Even when applying for a K1, K3, B1, or B2 visa, Thai citizens
must fill out paperwork carefully so that United States
immigration officials have no reason to reject their applications
to go the USA.
Why
wouldn't my non-immigrant visa application be approved?
According
to the Immigration and Nationality Act an applicant must
prove that they qualify for a visa to enter the United States.
The United States assumes, until convinced otherwise, that
all persons are intending to immigrate to the US. It is
therefore the applicant's responsibility to prove that they
are intending to enter the US for a specific purpose for
a specified, limited time and that they have residence and
other ties to their home country, Thailand, and that they
intend to return to their home country. Your application
may be denied if you fail to provide enough information
to support your position.
What
is Section 214(b)?
Section
214(b) is part of the Immigration and Nationality Act that
requires consular offices to assume that an applicant for
a visa is presumed to be an immigrant until he proves satisfactorily
that he is not. There are a variety of reasons that an application
can be refused under Section 214(b), the majority of which
have to do with a lack of evidence that an applicant has
reason to return to Thailand.
What
if my application is denied?
If
your application for a visa is denied you may apply again
if there is new evidence that overrides the reasons for
refusal. If you cannot provide new evidence, the consular
offices are not required to re-examine your application.
What
kind of evidence can support my position?
By
providing information proving your intent to return to your
home country you can increase your likelihood of approval.
If you are employed, a letter from your employer explaining
your position, salary, and terms of employment, including
length of vacation time can be used to show you intend to
return to Thailand. Original documents from your bank showing
account information can prove you have the necessary funds
to cover the costs of your trip. In addition, a lease on
an apartment, home and car registration, marriage certificates,
proof of business ownership and any other proof that you
intend to return to Thailand can be used as further evidence.
It is especially important that you can prove that you have
a residence in Thailand that you wish to return to.
Why
was my business B1 visa application denied?
Did
you include a letter from a US business explaining the purpose
and length of your trip? Did they include information pertaining
to accommodation provided that would offset your travel
costs? Such information, as well as letters from your Employer
here in Thailand explaining your intent to return to your
current working position can support your application.
Why
was my tourist or medical B2 visa application denied?
In
addition to information regarding your finances and intent
to return to Thailand, did you submit a statement from a
doctor or hospital concerning your intended medical treatment
in the United States? If you are traveling to visit friends
of relatives in the US a letter from them with your plans
for visiting or an itinerary from a tour agency on a planned
tour can support your application claims.
What
if my visa is still valid but my passport is expired?
You
can show your valid visa along with your new valid passport
for legal entry into the United States.
What
if I've been told that I am simply ineligible?
Non-immigrant
visa application form DS-156 lists classes of persons ineligible
to receive a visa to the United States. However, there are
certain circumstances in which an ineligible person can
apply for a waiver of ineligibility and still be approved
to receive a visa to the United States.
