AUTHORITY TO REFUSE TRIAD MEMBERS U.S. VISAS
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Immigration and Naturalization Act Section 212(a)(3)(A)(ii):
Any alien who a consular officer or the attorney general, knows or had a reasonable ground to believe, seeks to enter the U.S. to engage solely, principally, or incidentally in any other unlawful activity is excludable.
Members of Hong Kong's Triad societies have been designated an Organized Criminal Group by 1992 State Department Cable 224381.
Application of this ineligibility to specific individuals is governed by the due process of law protection. A finding of ineligibility will only be upheld if one of three criterion are met:
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The applicant has been convicted as a member of an illegal society under the Societies Ordinance Section 18(3) of Chapter 151 of the Laws of Hong Kong, or
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Information from the applicant or other reliable law enforcement source (such as the Federal Bureau of Investigation or the Drug Enforcement Agency) confirms the applicant is a member of a triad society, or
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The applicant has been convicted of Triad Signature Crimes such as loan sharking, intimidation, or blackmail, AND leads a lifestyle which matches that of a profile of triad members.
Rebuttal: All Applicants will be given an opportunity to present a rebuttal to the charge of triad membership.
Advisory Opinion: Ineligibilities under this section of law must be confirmed by an advisory opinion requested of Consular Affairs Office of Advisory Opinions in Washington, D.C.
There is no provision in U.S. law for a waiver of this ineligibility. As long as an applicant is a member of a triad society, he is ineligible for any U.S. visa.