Guest Posted December 15, 2002 Report Share Posted December 15, 2002 I'm a Thai single woman. My 10 years visitor visa was cancelled by the immigration in Hawaii. They found out that I'm getting married in Jan, 2003. I flew to meet my fiance in Hawaii during his 10 days business trip. I was deported from Hawaii to Bangkok,Thailand on Dec 11,2002. I'm wondering if I'm able to get a new tourist visa again. I am pretty sure I'm on their backlists now. My fiance just sent me a form to apply for fiance visa. Anyone can advise should I go back to US embassy in Bangkok and apply for tourist visa? I'd been unemployed for about 5 years already. I am self-employed selling and buying clothes (no company set-up, or own no shop). I know it's difficult to get visa if I'm unemployed. I really need advice. Link to comment Share on other sites More sharing options...
sanukdee Posted December 15, 2002 Report Share Posted December 15, 2002 If you were deported from the US on a tourist/visitors visa I really doubt they will give you one again. I think a fiancee or marriage visa would probably be your best alternative. Call or visit the US Embassy in Bangkok and ask them? If that doesn't work find a good immigration lawyer. How were you able to get a ten year visitors visa before? Link to comment Share on other sites More sharing options...
lopburi3 Posted December 15, 2002 Report Share Posted December 15, 2002 If you are planning to marry you should apply for the finance visa. You are not going to receive a tourist visa again until your status changes (married and living overseas with no intent to live in the USA or can prove no intent to marry and having funds). The probable reason you were deported and visa canceled is that it appeared you were planning to marry in the USA under the tourist visa and then seek a change of status. Possibly along with the fact you have no job now. If you plan to marry in the USA you are probably not going to have enough time for a January wedding as the visa process will take a few months. But this is what you should be doing. If you plan to marry here and register the marriage, which you can do anytime after he obtains document from Embassy and it is registered with Foreign Ministry you will have to apply for an immigrant visa rather than a finance visa and that process usually takes a few months longer to complete. Time frame ranges from about 4 months to a year for these type of visas. So, if you need to be together in the USA in the shortest time the finance visa is the choice of most people. Link to comment Share on other sites More sharing options...
Guest Posted December 15, 2002 Report Share Posted December 15, 2002 Thank you for your commend. I know that they won't give me a new visa. I got my visa last 7 years ago when I was working in the company and had to go to the meeting in Columbia but had to stay over night in Florida for transit flight. That was how I got 10 years visa. Link to comment Share on other sites More sharing options...
Guest Posted December 15, 2002 Report Share Posted December 15, 2002 Thank you for your advice. What if I want to take some courses in USA and so I apply for student visa. Do you think I will be granted for student visa? Link to comment Share on other sites More sharing options...
Straycat Posted December 15, 2002 Report Share Posted December 15, 2002 Hi! I'll jump in while lopburi is away. U.S. immigration law basically works like this: If you break any of the immigration rules (and get deported) you are barred for life to re-enter the country. Fortunately, there are always exceptions to the general rule and re-entrance may be possible. For re-entry you must have compelling reasons however. I'd guess that studies, in general, is not such a reason. Family issues (marriage, relatives in the U.S. and so forth) could well be however. It's all up to the discretion of the INS (Immigration and Naturalization Service) as defined by US immigration law to let you by-pass the general barred-for-life-rule. It looks rather gloomy in your situation -- but should not be entirely impossible. Don't hold your hopes too high though. Link to comment Share on other sites More sharing options...
lopburi3 Posted December 15, 2002 Report Share Posted December 15, 2002 It is not clear if you were deported or just denied entry and the visa (which you no longer qualified for) canceled but would suspect any attempt to obtain a 'student' visa at this stage would probably be viewed as fraud, as your intent to marry is known, and your black mark, if only gray now, would get much darker. Your finance has provided you the information you need and I would highly advise doing everything in the most legal manner. If your trip to Hawaii was just for a visit rather than marriage would not expect it to affect a finance visa application but everything needs to be up front and explained fully when asked. But many things are done by perception in the visa process and the perception we are getting here is not very positive. Link to comment Share on other sites More sharing options...
Grabii Posted December 15, 2002 Report Share Posted December 15, 2002 Pita, You didn't give a complete enough description of what happened in Hawaii for us to understand th future implications, but more than likely nothing happened that will affect your ability to obtain a fiancee or spousal visa. While your marriage-based visa is being processed you won't be getting another B2 visa. After you get the marriag-based visa you won't need another visa of any kind (unless you make a mistake and leave the USA without Advance Parole before being approved as a Permanent Resident). You can't get a student visa to take "a few courses" in any event. You need to be accepted and enrolled in a school for a defined program of study. Now that your marriage plans are documented, it's going to take a mighty powerful story to convince the DOS or the INS that if allowed into to USA you will leave again and go back to wait in Thailand for your marriage-based visa. Regards, JEff Link to comment Share on other sites More sharing options...
Guest Posted December 16, 2002 Report Share Posted December 16, 2002 Fortunately, they said I wasn't barred to re-entry USA but just I have to apply the right visa. Link to comment Share on other sites More sharing options...
Guest Posted December 16, 2002 Report Share Posted December 16, 2002 I was allowed to stay there only 1 week after my fiance talked to them over the phone (they intended to send me home immediately after the interview). I was detained at the airport for about 5-6 hours. They seized my passport. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.