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ResourcesVisa & Immigration LawUS Immigration LawTourist Visa Denial at the US Embassy in Bangkok?

Tourist Visa Denial at the US Embassy in Bangkok?

Transcript of the above video: 

As the title of this video suggests, we are discussing Tourist Visa Denial at the US Embassy in Bangkok. This is something; I have gotten some inquiries on this recently. I guess there has been a tranche of people that have been trying to get Tourist Visas, and they have been being denied and then they are contacting us. 

Look, what you need to understand and take away from this video is there is a section of the Immigration and Nationality Act that stipulates - it's called section 214b, specifically section 214b of the Immigration and Nationality Act - that creates a framework if you will for a Consular Officer who is adjudicating a Visa application specifically for a Non-immigrant Visa that the officer is sufficiently satisfied the applicant has sufficient strong ties to their own country and weak ties to the United States. So there are a lot of factors that can come into play with regard to that weak-ties analysis, that can oftentimes torpedo an application and cause it to be basically summarily denied. I get a lot of frankly angry or irate emails from folks saying this person went in for an interview and they didn't even hardly look at anything, they just denied them out of hand, and oftentimes the reason is 214b. They just can automatically, sometimes it is a family relationship thing, sometimes it's the circumstances of the case where they just see one particular fact causes them to say, "hey you are denied". And pursuant to what is called the Doctrine of Consular Absolutism or the Doctrine of Consular Non-Reviewability, their adjudications cannot be reviewed; they are not subject to any kind of appeal. So it's basically just a matter of whatever factual determination they make, they are making that without really any kind of oversight if you will, in the sense that they need oversight which they don't, but I am simply saying it is not an appealable position, it is not a reviewable matter. For that reason this just happens quite frequently, people are just summarily denied. 

Now some folks will say, well they may have a relationship with an American for example, for example they may then seek a K-1 Fiancé(e) Visa or a K-3 Marriage Visa or a CR-1 or IR-1 Marriage Visa to the United States, the legal analysis on that is different than just looking at 214b specifically. I have made other videos contemporaneously with this one where I discuss the aftermath of Tourist Visa denial and the possible issuance of things like Fiancé Visas and Marriage Visas. I urge those to check out our channel further for information on that. But long story short, it is not unheard of to be denied summarily, I mean without hardly any review, of an application for a Tourist Visa to the United States pursuant to section 214b.