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ResourcesVisa & Immigration LawUS Immigration LawK-1 Visa Thailand: Injunction on New Financial Support Rules

K-1 Visa Thailand: Injunction on New Financial Support Rules

Transcript of the above video:

As the title of this video suggests, we are discussing K-1 Visas and this is a video to update a rather recently put up video on here where I discuss specifically that there would be new financial criteria associated with those sponsoring a K-1 Fiancée from Thailand, that there would be new regulations put forward and I am making this video because as of the time of the making of this video, an injunction has been handed down by multiple different Courts in the United States. The two that I read specifically enjoined the government from implementing these rules and one specifically as I recall, basically created a situation whereby even if the injunction is later overturned, it will not be overturned retroactively, it will only be overturned for those who are seeking benefits moving forward. 

So, what does this mean?  As a practical matter, yes, there is something of a gray area here.  We are in something of a state of limbo. It also leaves certain vagueness with respect to Consular Officers who are adjudicating applications for visas outside the United States, for example here in Bangkok, Thailand. Where does that leave them? Are they enjoined from using these new criteria? Difficult to say exactly. I think for the most part though, yes the injunction pretty much holds toward everyone, although Consular Officers have a certain amount of discretion, particularly under the Doctrine of Consular Non-reviewability or Consular Absolutism in their fact-finding function and that leaves some vagueness specifically with respect to how this is going to play out.

Long-term I think planning for the worst and hoping for the best is usually the way to do things and for that reason I think it is wise to presume that at some point, we may be seeing these new rules actually implemented. For now it is a bit of a reprieve. Hopefully for those who are seeking K-1 Visa benefits, or any immigration benefits that are affected by these new rules, hopefully for them, especially for those folks who may slip through a track and have some real problems as a result of the implementation of these new rules, hopefully for those folks this reprieve might hold for a prolonged period of time to allow a case to process or it may in fact ultimately be upheld by a higher Court, perhaps even the US Supreme Court resulting in the entire matter being put to bed at least for the foreseeable future.

So how exactly this is going to play out remains to be seen but for now the new financial sponsorship criteria are on hold pending further ruling with respect to the injunctions that have gone into effect from the Federal Courts in the United States of America.