Integrity Legal - Law Firm in Bangkok | Bangkok Lawyer | Legal Services Thailand Back to
Integrity Legal

Legal Services & Resources 

Up to date legal information pertaining to Thai, American, & International Law.

Contact us: +66 2-266 3698

ResourcesThailand Criminal LawCriminal Jurisprudence ThailandShould There Be a Standardized System for Blacklist Waivers in Thailand?

Should There Be a Standardized System for Blacklist Waivers in Thailand?

Transcript of the above video:

As the title of this video suggests, we are discussing the Blacklist in Thailand. I was actually working on some I-601 waiver cases. For those who are unaware, in the American Immigration context, an I-601 Waiver is basically a waiver of grounds of inadmissibility to enter the United States. I was working on one of these cases and I was thinking about it and I said to myself "would it be a good idea for Thailand to maybe have a similar system?" Again, I am not sitting around out here thinking that anyone is interested on a policy level as to what I have to say on the subject. I was just thinking out loud and I went ahead and made this video because it is pertinent, it discusses matters pertaining to Blacklisting. For those who are unaware, if you are on overstay in Thailand by over 90 days or if you have a run-in with the police and you are on overstay by even a day, you could be Blacklisted from returning to Thailand. Now there are varying degrees of the Blacklist. We made a number of videos on this channel associated with that. I would urge those who are interested go to our search function in this channel and just search Blacklist and you will find a lot of information regarding the details associated with Blacklisting. 

The point of this video is and what I am talking about here specifically is those who are being deported may be able to appeal their decision so they don't end up on the Blacklist; we have done videos on that before. There is a commission associated with deportation that may be able to make a determination regarding one's status moving forward. But folks that are out of the country who have already been blacklisted, dealing with a Blacklisting can have some substantial long-term implications. If you do find yourself in that scenario, discussion with a legal professional is probably the best idea because at present in an ad hoc way, there may be a solution to your Blacklist problem. Again it is going to depend on the specific facts of a given case.

That said, and the purpose of this video is as the US has an I-601 Waiver system whereby folks can apply for a waiver from being barred, for example from the US for overstay. If you overstay in the US by a certain amount of time you can get 1, 3, 5 even up to 10 years under certain circumstances, ban on returning to the United States. There is a mechanism to seek a waiver of that finding of inadmissibility and I think there are a lot of folks especially the folks early on in the new Blacklisting regime who really got I won't say a raw deal; if they were in violation law that is what it is but maybe a harsh blacklisting, a long time blacklisting is not overly warranted. For this reason, it might not be a terrible idea to have a standardized waiver process associated with the Blacklist here in Thailand.