My dear friend Tee (Saksri) who is being given the runaround by the U.S. Embassy

Unpleasant Encounters with the American Embassy in Bangkok

by Peter Montalbano, January 2004

My Thai friend Ms. Saksri Lertsaksrisakul applied twice for a tourist visa to the United States, once in the fall of 2002, and once in the spring of 2003. Both times she produced all the supporting documents suggested by State Department guidelines, including documentation of the following:

  • a  university degree and a senior-level job of seven years standing at an import-export firm for whom she had gone on numerous business trips outside Thailand
  • a 1.3 million baht house and a 2003 Honda automobile in her own name
  • a substantial savings account
  • proof that she had been invited to visit the U.S. at a specific address for a specific two-week period
  • a letter of support from me—a former U.S. Peace Corps volunteer in Thailand with a continuing history in that country.

Even with this she was turned down both times, for reasons which were never made clear enough that she or I could comprehend them. The official justification was a general one: under section 214(b) of the Immigration and Nationality Act she had failed to show evidence of compelling social, family, or economic ties outside the United States sufficient to ensure her return to Thailand. She was never told what, specifically, might have been seen lacking in the thorough documentation which she twice presented, the second time more fully. That second time she was (as was I, who at her request had come with her) treated so rudely that she left the Embassy fuming. The application was rejected by a junior consular official who spoke bad Thai and seemed bad-natured and prejudiced against her from the start, and who did not provide us with her name or any explanation of the reasons behind decision she made.

            On April 18, 2003 I wrote a letter to Darryl Johnson, the U.S. Ambassador in Bangkok, explaining why I felt my friend had been treated unfairly. I received no answer that month. On May 7th I sent an inquiry by e-mail to him, care of the Embassy, and was assured by a staff member that he would get back to me by the end of May. I heard nothing that month either. As a member of Friends of Thailand I was invited to a dinner on June 6th  in Berkeley, Ca. for the Ambassador, who happened to also be a former Thailand Peace Corps Volunteer. I sat almost directly across the table from Mr. Johnson and we engaged in pleasant conversation the entire evening. When I brought up the issue of the letter, he said that he had forwarded the letter to the Visa Section and that it was wrong that I had not received a reply, suggested he might look at the case and put a note of support in the file, and at the end of the night assured me that I would be hearing from him. “I’ll be getting back to you” were the exact words he used.

            On July 12th, having heard nothing, I sent another inquiry to the Embassy in Bangkok, attaching another letter to the Ambassador. The same staff member told me he had immediately passed it on to Mr. Johnson. By the end of July, I still had not gotten any response, so I sent one more inquiry to the Embassy. On July 30th I was again told that “a response is coming.” I had given several e-mail addresses and a land address in Berkeley, all of which I checked daily for mail, and never received anything in the next months. Finally, on November 30th, I sent an appeal to the Ambassador using his personal e-mail address, which was listed on the Friends of Thailand website. This produced a flurry of e-mail correspondence lasting nearly a week. First I got a note from the Embassy staff telling me to not use Mr. Johnson’s personal e-mail. Attached was a note supposedly sent on August 2nd from Charles Wintheiser, chief of the Visa Section, telling me what I already had known since April, that my friend had been denied a Visa under section 214(b) of the INA. The note did not apologize for the interviewer’s rudeness, or the tardiness of the reply, but rather suggested that I must have been mistaken in thinking the interviewer was rude, because they were all trained not to be, and saying that if Ms. Lertsaksrisakul reapplied, “without evidence of strong ties in Thailand, the application will again be rejected.”

Since this was not in the least responsive to my letters, I wrote back to Mr. Wintheiser asking for specifics of the case: what more documentation could my friend have provided? His reaction to my questions was, again, not responsive, and clearly showed his irritation with me: “I cannot engage in a point by point discussion of the issues you raise.” His final sentence was a terse “unless and until she does reapply, I will not reply to any further messages other than purely procedural questions on how she can make her application.” When I informed the Ambassador through official e-mail that I wasn’t satisfied, he sent me the only personal response I ever got from him, which was what I could only feel was an angry one: “ . . . receiving a U.S. visa is not a right, it is a priviledge(sic). It is against the law for anyone to overrule or to instruct a visa officer to change his or her judgement(sic). . . . my assumption was that you wanted an answer to the questions and concerns you had raised . . . I now gather that your primary interest was in getting a reply from me.” I really couldn’t let this sit, so I wrote one final note to Mr. Johnson, attempting to correct his mistaken impression, and gave this parting shot: “I am astounded that you would make any reference to things that are ‘against the law,’ as I have never made a suggestion that you or anyone else interfere with the laws or rules and regulations involved.”

Besides the fact that Ms. Lertsaksrisakul was treated rudely and denied a visa without any clear reason for it, I have been treated with disrespect at almost every turn. My first letter was on Apr. 18: it took 3 letters, a personal discussion with the Ambassador, and numerous e-mails to get any answer at all, and that did not come until December (though Mr. Wintheiser claims it was sent in August, still nearly 4 months after my first inquiry). My questions have never been answered. In summary, both a Thai national and an American citizen with a history of service to his country and Thailand have been ill-served by the system and people who were put in place by the United States to serve them.

 
The Right Honorable Darryl Johnson, Peace Corps Thailand III, United States Ambassador to Thailand, flashing his disarming smile before he goes on to speak more words that he doesn't know how to spell.

Charles J. Wintheiser, Dispenser of Just Outcomes, Chief of Visa Section, U.S. Embassy, Bangkok, demonstrating his fancy new fingerprinting system . . . just think how secure this is going to make us from Thai Buddhists who would like to come visit Yosemite! Oh boy! This'll keep 'em out!

This space is waiting for the next part of the story! Any ideas???