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ResourcesVisa & Immigration LawThailand Immigration LawThai And US Immigration: Expedited Removal And The 5 Year Blacklist

Thai And US Immigration: Expedited Removal And The 5 Year Blacklist

Transcript of the above video:

As the title of this video suggests, we are discussing what is called expedited removal. For those who are unaware, under what was called IRAIRA which was an Immigration Act enacted in the '90s, they created a system whereby people could be put through what is called expedited removal. It is like a truncated deportation proceeding. Now what happens is the results of it is you end up with a 5-year ban from returning to the United States. As we have discussed in other videos, it may be possible to utilize for example an I-601 waiver along with what is called an I-212 Waiver in order to overcome that ban if you will but we are talking in this context in this video, we are comparing Thai Immigration protocols with US Immigration protocols specifically this sort of expedited removal. 

I specifically thought of making this video after reading a recent article from the Phuket News, that's thephuketnews.com, the article is titled: Ukrainian man arrested at Phuket airport, charged for 114 days of overstay. Quoting directly: "Immigration Officers at Phuket International Airport have reported the arrest of a 23-year-old Ukrainian national for overstaying his visa. The man now faces a 5-year van on entering the Kingdom." What I thought was interesting is if you read this article I am going to quote a little bit more here, quite: "At around 7.30 am today (Feb 9), Officers from the Immigration Bureau of the Royal Thai Police apprehended a Ukrainian man after he was found to have stayed in the country legally for 114 days beyond the expiration of his Permit to Stay. The arrest took place at the International departures hall as reported by Phuket Immigration through the Phuket Immigration Checkpoint page on Facebook. The operation was led by Police Lieutenant Col Akkhaphon Kaewkiat along with Officers from the Crime Suppression Investigation Team. The man was taken to Sakhu Police Station for further legal proceedings." 

I thought this was interesting because when I was reading this article it really did kind of remind me of expedited deportation, or expedited removal from the United States. Look Thai Immigration officials you know liaise frequently with their counterparts in the United States; they probably sort of share notes if you will and it wouldn't surprise me if perhaps this recent sort of sea change within Thai Immigration, as I have noted in other videos, especially down there in Phuket, where you have seen people actually arrested and put on the 5-year Blacklist which is what it results in. Now because this person was arrested if you read into the details of that article, and I encourage you to do so, because that person was arrested in Thailand, notwithstanding the fact that otherwise he would have been blacklisted for a year, he was arrested in Thailand and therefore ended up with a 5-year ban. Well this is similar in practice to what we call expedited removal or expedited deportation, so I thought it was worth noting that.

For those who are unaware, yeah that is a heck of a ban; you are blacklisted from five years; you basically are not going to be able to return to the Kingdom definitely within that period of time. As we discussed in other videos again depending on your circumstances, there may be a way to appeal, again it is going to be highly circumstantially dependent. The other thing to bear in mind is even after the 5-year ban has expired, it's still in the system that you were on the Blacklist which makes it difficult to deal with Immigration thereafter. Again the thing to take away from this video is keep in compliance with both the Immigration Laws of the United States as well as the Kingdom of Thailand.