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 personal and 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. There are some cases in which an american citizen wishes to bring loved one back to the usa, but the loved one is found inadmissible under the provisions of the united states immigration and nationality act section 212(a)(2)(d). This requires that an individual be found inadmissible to the us if the individual is coming to america in order to engage in acts of prostitution or to 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 aim and 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. There are those who have wondered if merely laboring in an otherwise legitimate capacity within the confines of an structure and organization that promotes prostitution could be viewed as an exception to the relevant language contained in 212(a)(2)(d). It is this author’s opinion that this would not be considered an exception as the law clearly states that a foreign national 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 reasonable and practical result of an admission of the existence of a legal grounds of inadmissibility under 212(a)(2)(d)? Firstly, the american visa application will be subject to denial, and this denial cannot be appealed. That being said, there is a legal remedy in the form of an i-601 waiver of excludability.

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 dominant and permanent resident. Proving such hardship often requires the advice and assistance of competent and experienced legal professionals trained to understand the discrete legal and factual issues present in a situation which calls for an i-601 waiver.