The Effects of a Criminal Record on Your K1 Visa Thailand

More often than not, having a criminal record entails the eventual denial of a US visa application in Thailand. As a rule, having a previous criminal record is one of the grounds enumerated for denial. However, this rule admits of a very limited exception in the form of an extreme hardship waiver or a 601 application form. In addition, the Thai K1 visa applicant must be able to convince the government agency handling her application that the crime involved was not one that involved moral turpitude. Even the act of gambling by playing cards at a friends house is a criminal offence in Thailand. According to reports in the Phuket Gazette newspaper, this is commonly the number one criminal offense in which Thais are arrested for each month in the province of Phuket Thailand. The Thai Fiance who has a previous arrest record for his so called minor offense will be barred from receiving approval of a K1 visa at the US Embassy in Bangkok.
Recent developments in the legal system have justified the stringent requirements laid down by the law. It is of public knowledge that K1 visa applications are linked to the pernicious practice of mail order brides. In an effort to abate this wide-spread phenomenon, the United States Congress has previously passed the International Marriage Broker Regulation Act in 2005. This law mandates that American applicants who have been convicted of certain crimes of violence, abuse crimes and those involving drugs declare this on their petition, among other things.
Another recent attempt is the passing of the Adam Walsh Child Protection and Safety Act of 2006 wherein any person convicted of a felony sex crime involving children is ineligible or disqualified from petitioning a foreigner to immigrate to the United States, including on a K1 visa. The Secretary of the Department of Homeland Security, at his discretion, can issue a waiver of this Act.
ABOUT THE AUTHOR: Dennis P. Ramm
Dennis P. Ramm is Partner with Siam Legal International which is an international law firm with offices in Los Angeles, London, Manila and Bangkok. Mr. Ramm works with American Immigration Attorneys, UK Solicitors & Barristers, German Lawyers, and Australian Solicitors providing global immigration services including the Thailand K1 Visa to the US, Thailand K3 Visa to the US and US Visa Tourist Thailand. Dennis has over 19 years of experience assisting persons in applying for their US Visa Thailand. Dennis has written numerous publications on Thai Fiancee Visas, US Visas for Thai Nationals and a legal guide "How to Apply for a US Visa in Thailand."