Getting your thai boyfriend into the USA

I understand that trying to get my 19 year old thai boyfriend a tourist visa is not going to go anywhere, but can anyone advise me on the probability of succcess for trying an education visa, or the green card lottery?

What about getting your thai boyfriend trained in a needed profession, like nursing? I'll accept any advice, or links people want to send. Forgive me, please, if this topic has been discussed in the recent past.

My boyfriend is a university student, lives at home with his Mum and siblings in Bangkok, and is not, and never has been a money boy.

Are you looking to get him in for a short holiday, or in for good? And is he at a top school (Chula, Thammasat, etc.) or Ramkhamhaeng or equivalent?

[dab69]

friend of mine met his wife here in usa college as nursing student. she was in a Thai govm't program where she then had to return to Th for 10 years to repay the program

Nursing? Mate once he s qualified im shore Australia will take him open arms..................without you !

... to discourage others in their pursuit of a rich fantasy life, but getting a 19yo boyfriend into the US ranks right up there with John Kerry winning the 2004 election (Hedda's favourite piece of wishful thinking). As for the Green Card Lottery - have you read the rules? I believe that he has to be at least a graduate - it's not a lottery in which everyone stands an equal chance. Resign yourself to the thought that it isn't going to happen (unless boygeenyus' suggestions apply) and get on with your life

I know a farang brought his Thai guy to the U.S. This farang opened a restaurant in California, while the boy got his training and experience being a Thai Chef in Thailand.

Nursing is one of the critical need professions in the United States. There is an exam that all foreign-educated nursing graduates (RNs and LVNs) must take to qualify for employment as a nurse in the U.S. You can go to the web site of the Board of Nursing for the state you're residing in (i.e., Iowa Board of Nursing). All of the requirements for licensure of a foreign-educated nurse will be detailed. Most states include sample exam questions and application forms. If the nursing student is enrolled in an accredited nursing program in Thailand, the school will be able to arrange for administration of the exam.

If all is well, an H1 Visa can be obtained that is valid for 3 years. Depending on the subcategory (H1-A or H1-B) the visa may be extendable for another 3 years. At any rate, the course is that once in the middle of the first visa issue, an immigration attorney should be visited to start the Pink Card application file (yes, the Greed Card no long exists under the BCIS - formerly INS). A reputable licensed immigration attorney will charge approximately $3,000 for these services.

Another option used by some people is to have a public or private non-profit organization (a university, a church, a social services agency with good standing with the state in which it is located) to write a letter to the individual overseas (on letterhead stationery) inviting him to observe a six months training, educational or social services program (such as an innovative child care program). A 6 month visa for the U.S. then might be obtainable. Naturally, it helps if the individual in question has some relationship to an educational, governmental or NGO institution in his native country.

It is also worth considering that if one obtains a 90 day tourist/visitor visa to the United States that one can apply upon arrival (at the Customs Area - Secondary Immigration window) at the port-of-entry into the U.S. for an extension (before leaving the airport). The individual's status in the U.S. is legal beyond the 90 day visa period up to the time of receipt of a determination of the request by the BCIS. The letter usually takes 6 - 8 months for the BCIS to generate and forward.

More soon, if this is at all helpful.

Nursing is one of the critical need professions in the United States. There is an exam that all foreign-educated nursing graduates (RNs and LVNs) must take to qualify for employment as a nurse in the U.S. You can go to the web site of the Board of Nursing for the state you're residing in (i.e., Iowa Board of Nursing). All of the requirements for licensure of a foreign-educated nurse will be detailed. Most states include sample exam questions and application forms. If the nursing student is enrolled in an accredited nursing program in Thailand, the school will be able to arrange for administration of the exam.

If all is well, an H1 Visa can be obtained that is valid for 3 years. Depending on the subcategory (H1-A or H1-B) the visa may be extendable for another 3 years. At any rate, the course is that once in the middle of the first visa issue, an immigration attorney should be visited to start the Pink Card application file (yes, the Greed Card no long exists under the BCIS - formerly INS). A reputable licensed immigration attorney will charge approximately $3,000 for these services.

Another option used by some people is to have a public or private non-profit organization (a university, a church, a social services agency with good standing with the state in which it is located) to write a letter to the individual overseas (on letterhead stationery) inviting him to observe a six months training, educational or social services program (such as an innovative child care program). A 6 month visa for the U.S. then might be obtainable. Naturally, it helps if the individual in question has some relationship to an educational, governmental or NGO institution in his native country.

It is also worth considering that if one obtains a 90 day tourist/visitor visa to the United States that one can apply upon arrival (at the Customs Area - Secondary Immigration window) at the port-of-entry into the U.S. for an extension (before leaving the airport). The individual's status in the U.S. is legal beyond the 90 day visa period up to the time of receipt of a determination of the request by the BCIS. The letter usually takes 6 - 8 months for the BCIS to generate and forward.

More soon, if this is at all helpful.

[Gaypattayan]

From everything I hear, Student visas are still available for genuine educational opportunities in the US. The I-20 form required from an approved educational institution for a student visa must be based on a genuine solid educational program -- even a community college program in learning English is reportedly acceptable, but don't bother to try from one of the "paper universities" (that exist only on paper or on a web site). I understand, for instance, that the English program at College of the Desert in the Palm Springs (CA) area (Palm Desert), is succesful in helping facilitate foreign students visas for entry to the US.

I believe that those with I-20 certification from genuine universities or community colleges are accepted by the U.S. government, but the visa section at the US Embassy's Consulate are almost certain to want to know what assurance there is that the young man will return to Thailand upon completion of his education in the U.S. That will require proof of solid ties in Thailand, family, property ownership, business ownership, job guarantee, etc.

G.P.

[Aunty]

granting your 19 y o Thai friend a tourist visa to visit the US is a no-go, not at all. If you follow the rules and your boy meets the legal test the consular officer who conducts the interview is bound to issue the visa. That's the law and that's his job. There is no prohibition on Thai tourism to the US for goodness sake.

Here'e the rules from the horses mouth, so-to-speak.


http://travel.state.gov/visa/frvi/denia ... _1361.html (http://travel.state.gov/visa/frvi/denials/denials_1361.html)

I'll assume you're not a total idiot and can read and identify what are the important issues to take home from the following statement from the US State Dept. If you can't figure out a startergy to achieve what the consular officer needs in order to grant a tourist visa for your friend, well it's probably best that he stays in Thailand.


The Visa Denials


Liza was excited. In three days her friend Timothy would come visit her in the United States. Suddenly, the phone rang. Liza couldnt believe her ears! Sadly, Timothy told her, "I cannot come...the consul said I am 214(b)."

On any given day throughout the world some visa applicants find themselves in Timothys situation. They hear the consular officer say, "Your visa application is refused. You are not qualified under Section 214(b) of the Immigration and Nationality Act." To be refused a visa when you are not expecting it causes great disappointment and sometimes embarrassment. Here is what a 214(b) visa refusal means and what applicants and friends can do to prepare for a visa reapplication.

WHY IS THERE A VISA REQUIREMENT?

The United States is an open society. Unlike many other countries, the United States does not impose internal controls on most visitors, such as registration with local authorities. In order to enjoy the privilege of unencumbered travel in the United States, aliens have a responsibility to prove they are going to return abroad before a visitor or student visa is issued. Our immigration law requires consular officers to view every visa applicant as an intending immigrant until the applicant proves otherwise.

WHAT IS SECTION 214(b)?

Section 214(b) is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status...

To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101(a)(15)(B) or (F) of the INA respectively. Failure to do so will result in a refusal of a visa under INA 214(b). The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant.

Our consular officers have a difficult job. They must decide in a very short time if someone is qualified to receive a temporary visa. Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents.

WHAT CONSTITUTES "STRONG TIES"?

Strong ties differ from country to country, city to city, individual to individual. Some examples of ties can be a job, a house, a family, a bank account. "Ties" are the various aspects of your life that bind you to your country of residence: your possessions, employment, social and family relationships.

As a U.S. citizen or legal permanent resident, imagine your own ties in the United States. Would a consular office of a foreign country consider that you have a residence in the United States that you do not intend to abandon? It is likely that the answer would be "yes" if you have a job, a family, if you own or rent a house or apartment, or if you have other commitments that would require you to return to the United States at the conclusion of a visit abroad. Each person's situation is different.

Our consular officers are aware of this diversity. During the visa interview they look at each application individually and consider professional, social, cultural and other factors. In cases of younger applicants who may not have had an opportunity to form many ties, consular officers may look at the applicants specific intentions, family situations, and long-range plans and prospects within his or her country of residence. Each case is examined individually and is accorded every consideration under the law.

IS A DENIAL UNDER SECTION 214(B) PERMANENT?

No. The consular officer will reconsider a case if an applicant can show further convincing evidence of ties outside the United States. Your friend, relative or student should contact the embassy or consulate to find out about reapplication procedures. Unfortunately, some applicants will not qualify for a nonimmigrant visa, regardless of how many times they reapply, until their personal, professional, and financial circumstances change considerably.

HOW CAN I HELP?

You may provide a letter of invitation or support. However, this cannot guarantee visa issuance to a foreign national friend, relative or student. Visa applicants must qualify for the visa according to their own circumstances, not on the basis of an American sponsor's assurance.

WHAT CAN YOU DO IF AN AQUAINTANCE IS REFUSED A VISA UNDER 214(B) FOR LACK OF A RESIDENCE ABROAD?

First encourage your relative, friend or student to review carefully their situation and evaluate realistically their ties. You can suggest that they write down on paper what qualifying ties they think they have which may not have been evaluated at the time of their interview with the consular officer. Also, if they have been refused, they should review what documents were submitted for the consul to consider. Applicants refused visas under section 214(b) may reapply for a visa. When they do, they will have to show further evidence of their ties or how their circumstances have changed since the time of the original application. It may help to answer the following questions before reapplying: (1) Did I explain my situation accurately? (2) Did the consular officer overlook something? (3) Is there any additional information I can present to establish my residence and strong ties abroad?

Your acquaintances should also bear in mind that they will be charged a nonrefundable application fee each time they apply for a visa, regardless of whether a visa is issued.

WHO CAN INFLUENCE THE CONSULAR OFFICER TO REVERSE A DECISION?

Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation the U.S. Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law, as contrasted to determinations of facts. The question at issue in such denials, whether an applicant possesses the required residence abroad, is a factual one. Therefore, it falls exclusively within the authority of consular officers at our Foreign Service posts to resolve. An applicant can influence the post to change a prior visa denial only through the presentation of new convincing evidence of strong ties.

You may wish to send this brochure to your relative, friend or student abroad. We hope that a better understanding of section 214(b) will prepare them for successful visa interviews.

The phone rang. "Liza, its Timothy. I went back to the Embassy for another interview! I showed the consul more information about my job and family. This time I got my visa!" Liza was overjoyed. "Great!" she exclaimed, I'll see you next week!"

U.S. Department of State
Bureau of Consular Affairs
Publication 10485
June 1997

Every alien shall be presumed to be an immigrant

Such ethnocentric arrogance. Our American friends and cousins are often charming and humble, yet their officials pedal nonsense like this.

[American Teacher-old]

Where theres a will -- there's a way. Don't let all these nasty, jaded, down-on-their-luck, butterfly-flapping old men kill your dreams. If you want it bad enough and you two are willing to work for it -- and wait for it... IT IS POSSIBLE. I speak from experience.

Email me privately if you wish further details.

To the rest of you, try having a little patience and understanding for others, eh?

Fondly,
Chris

"Quote:
Such ethnocentric arrogance. Our American friends and cousins are often charming and humble, yet their officials pedal nonsense like this.


And you expected anything different from the Bush Administration? BTW, The UK and Australian consulate also subscribe to the "Immigrant until you prove otherwise" bullcrap..

I think it predates all the Bush Presidents and is embedded in their process. I'm surprised to see it so publicly displayed. Are the UK or Australian versions also publicly available?

I'm just bitter because the Good 'ole USA is the only country where my ingress is ever - yes, I mean EVER, questioned and I have to go there for employment reasons nearly every year and be asked trick questions by their gatekeepers. It really is a pain.

The US embassy thinks that everyone that spends one week in the good 'ole USA will immediately be so overwhelmed that they will drop everything to stay in the US. Such hogwash. Nevermind the fact my guy has traveled extensively through Asia and Europe.. they still said "Insufficient reason to believe you will return to Thailand". Such smug arrogance.

Well, I'm glad I not live in the states. I met my boy in January last year in Phuket. I went back to Thailand in April and we then applied for a touristvisa for him. It took around one hour in the embassy. He then stayed with me for 3 months last year (May-August). Since everything went fine we decided that he would move here. When he got back to Thailand in August he went to the embassy and was booked in for interview in October. Then they send the papers to the Emigrations in my country and I was interviewed in December. Since they were thinking we were having a seroius relationship and were planning to live together like "married" the granted him a temporary "permit to stay and work" in my country for 2 years. If we still together at that time he will have a permanent permit. It took around five months from he was visiting the embassy first time in August until he came back here in January. Since I living in a Schengen-country he can traveling around in most parts of Europe, even if he only can work and live in my country.

[Gaypattayan]

That's a report on a fabulous experience. Mind sharing with us which Schengen country you are in that is so accepting of gay relationships and willing to help facilitate them by allowing 2 year immigration trials? Sounds fabulous. Maybe they would be equally welcoming of visitors accompanying people from other "developed" countries that are far less helpful???



G.P.

Such a wonderful story Clipper! Sounds to me like one of the wonderfully mature and sensible Nordic countries??

My boyfriend will be in London with me very soon - eight days and counting......

We have a month together and then he goes back to Thailand to think about things.....

How are things going for you and your boyfriend now?

Thanks so much for sharing your story.