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No Thai Birth Certificate And Wanting To Aplly For An Usa Fiance Visa


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Hello, I am an Australian citizen wanting to marry my usa fiance and reside in the usa. However, my problem is I do not have a birth certificate. My birth details were not registred as my family were Cambodian refugees and I was born in 1981, in Kamput concentration camp in Chonburi, Thailand. I have contacted the Thai embassy in Canberra and the Australian embassy in Thailand and both embassies could not help. I also contacted the usa consulate, they informed me I need to contact the district of where I was born and obtained an official letter in replace of my birth certificate. I contacted 'department of local administration' (office of muang chonburi district) but with no success. All I hear is a thai recorded message...I'm not even sure if it's the correct phone number. Unfortunately I do not speak/read or write thai. I was thinking of hiring a thai based lawyer...I have no idea what to do. I need help! Can you please help me? Any suggestions or advice would be much appreciated.

Edited by chickpuckpoo
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Not that I have anything particularly useful to say but I have a couple of questions.

- I assume you have an Australian passport and Certificate of citizenship when you were naturalised. Do you have any other refugee related documentation from before you became an Australian citizen?

- I assume that the birth certificate was required for the spousal visa process for the US. I also assume you have contacted the US embassy in Canberra (rather than a consulate in Sydney or Melbourne). What was their reaction when you explained your predicament and the unlikelyhood of ever getting a BC? Or was it a case of no BC = no visa?

- Have you tried contacting the Australian Department of immigration, the section that handles refugees? You surely can't be the only person who has not got a BC. Have you asked them if the issue documentation that can be used instead of a Birth Certificate?

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I have contacted the us embassy in canberra and they basically said I will need this letter from the thai government or my visa can't be processed. I also contaced the department of immigration and they weren't much help either. I keep getting passed around to other departments and every one i speak too doesn't want to deal with my problem. The only documentation of my birth is on the humanitarian visa for when I migrated to Australia. I now have an Australian passport and I gained Australian citizenship in 1991. I also contacted some thai lawyers and none of them can take my case. I personally don't think that any district office in thailand will have my birth records. But I'm not goig to give up! Guess I'll try contacting the thai government and write them a translated letter. You wouldn't happen to have an address of the thai government? Thanks for your interest.

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I'm not really into this stuff, but maybe you should trying to contact an NGO or the UNHCR represenative in Australia who deals with all this, and perhaps even a migration lawyer in Australia who has had dealings with the Cambodian and Vietnamese communities. I am sure that your situation isn't unique here and that SOMEONE may know.

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Hello, I am an Australian citizen wanting to marry my usa fiance and reside in the usa. However, my problem is I do not have a birth certificate. My birth details were not registred as my family were Cambodian refugees and I was born in 1981, in Kamput concentration camp in Chonburi, Thailand. I have contacted the Thai embassy in Canberra and the Australian embassy in Thailand and both embassies could not help. I also contacted the usa consulate, they informed me I need to contact the district of where I was born and obtained an official letter in replace of my birth certificate. I contacted 'department of local administration' (office of muang chonburi district) but with no success. All I hear is a thai recorded message...I'm not even sure if it's the correct phone number. Unfortunately I do not speak/read or write thai. I was thinking of hiring a thai based lawyer...I have no idea what to do. I need help! Can you please help me? Any suggestions or advice would be much appreciated.

Sounds like you were born in the UNHCR supported refugee processing center at Phanat Nikhom, Chol Buri, Thailand. HCR didn't "run" the camp, just funded it, the camp was "run" by the Thai Ministry of Interior. The hospitals were run by various NGOs, I don't remember which one(s).

Suggest you write to the UNHCR office here in Bangkok, the LEGAL SECTION, explaining your problem and requesting a letter from them that formal birth certificates were not issued by the Thai Government for Indochinese refugees.

The HCR here might still have a microfiche of your familie's file. You should request a copy of this fine. Include information on your parent's names and dates of birth to assist HCR in getting the correct file, lots of dupications of names. If your parents have it, you should also include the "file number" of the camp(s) they were in, for example, it might be "PNK" for Phanat Nikhom, "BR" for Buri Ram, "KP" for Kap Chuen, "KID" for Khao I Dang, and so on.

UNHCR's mandate to provide international protection and seek durable solutions for refugees comes from a resolution adopted by the UN General Assembly.

Head of agency: Mr. Hasim Utkan

Regional Representative

Address: 3rd Floor, United Nations Building, Rachadamnern Nok Avenue, Bangkok 10200, Thailand

Telephone: +66 2 288 1858

Fax: +66 2 280 0555

Email:

Website: www.unhcr.ch

Mac

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  • 3 months later...
  • 1 month later...

I contacted the unhcr and they replied with a letter. They stated they could not provide official verification of my birth as it is in the position of the royal thai ministry of interior (MOI), and based on their experience any request for birth records through MOI has been unsuccessful.

I wrote a letter to the MOI 3weeks ago and I havn't had a reply. I don't know what else to do. Does anyone have any advice or suggestions?

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Out of curiousity, which gov't entity is requesting a birth certificate? Is it the US Embassy/Consulate?

Yes it is the us consulate. The letter from the unhcr did confirm my birth records but they could not officially verify it since it is up to the department of interior. I did contact the us consulate and asked them if the letter from the unhcr would be sufficient and they said they will consider it and to send forth any other documents I may have. I still have my humanitarian visa when I migrated to australia. It has my name, date of birth and photo of me when I was 3. I just don't want to apply for the visa and have it rejected due to insufficient documents.

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Out of curiousity, which gov't entity is requesting a birth certificate? Is it the US Embassy/Consulate?

Yes it is the us consulate. The letter from the unhcr did confirm my birth records but they could not officially verify it since it is up to the department of interior. I did contact the us consulate and asked them if the letter from the unhcr would be sufficient and they said they will consider it and to send forth any other documents I may have. I still have my humanitarian visa when I migrated to australia. It has my name, date of birth and photo of me when I was 3. I just don't want to apply for the visa and have it rejected due to insufficient documents.

I'd think the "humanitarian visa" from Australian Immigration would be pretty good "secondary evidence" of your birth, even if it was in Thailand.  Yes, give that a try with the U.S. Consulate.

A Q for you, tho.  What camp in Thailand were you born in?  If one of the border camps, Khao I Dang, Kamput, etc, those were under Thai Army, Supreme Command control, not MOI, the Ministry of Interior.  However, the Phanat Nikhom Camp was under MOI control.

Does your letter from UNHCR/Bangkok say which camp you were born in?

Mac

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No the letter does not say which camp i was born. They did say that I was born in a refugee camp on my date of birth and that my family departed thailand for resettlement in 3 June 1983. They also gave details of my UNHCR registration number.

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  • 8 months later...
No the letter does not say which camp i was born. They did say that I was born in a refugee camp on my date of birth and that my family departed thailand for resettlement in 3 June 1983. They also gave details of my UNHCR registration number.

Hopefully, you are already in the U.S. with your fiancee/husband. If not, hope this would somehow help :

I was sponsored by my parents to come to the US, and YES they asked for the BC to make sure that I am the child and lucky me, I have it. However, I remember I had the options: For any reason you cannot provide a BC, write a letter and explain the reason(s). In your case, they sure understand that. You should write to UNHCR and explain your situation and ask them to provide a letter stating that BC's are not always available to refugees due to Thailand's law regarding refugees. This letter would be helpful in supporting your explanation to the US Emb.. Keeping in mind that US Immigrations is reasonable. They will not say no BC no visa.

Or if you prefer the harder way: My cousin was born in Phanat Nikhom, Chonburi hospital ( I believe ) and she has a BC although it is in Thai and the year is in Buddist calendar ( 253x in 198x ) - something like 550 yrs different. How is it going to be translated? Anyway, your parents should know which camp/hospital you were born at >>> fly there and ask for a record of your birth. Or try to contact ICM ( sorry I don't know their contact info ) and see if they can find your birth record. ICM deals with medical examinations and records for refugees. Every refugee has a set of that record when he/she migrates to a country. Your parents may still have those. Good luck.

Edited by scnscn
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No...I'm still here in Australia. However I'm in the late stages of the visa application and I'm hoping to send my paperwork through by the end of next week. It is impossible getting anything from the thai government since I was a refugee born. However I did write to the unhcr and they did write me a letter which stated my date and place of birth in a refugee camp. I'm also going to send through my family's humanitarian visa copy and a letter from both my parents stating my date and place of birth. I truely hope they accept what I have to offer cause it's all I've got.

Thank-you so much for your help. It's the not knowing part that's killing me.

No the letter does not say which camp i was born. They did say that I was born in a refugee camp on my date of birth and that my family departed thailand for resettlement in 3 June 1983. They also gave details of my UNHCR registration number.

Hopefully, you are already in the U.S. with your fiancee/husband. If not, hope this would somehow help :

I was sponsored by my parents to come to the US, and YES they asked for the BC to make sure that I am the child and lucky me, I have it. However, I remember I had the options: For any reason you cannot provide a BC, write a letter and explain the reason(s). In your case, they sure understand that. You should write to UNHCR and explain your situation and ask them to provide a letter stating that BC's are not always available to refugees due to Thailand's law regarding refugees. This letter would be helpful in supporting your explanation to the US Emb.. Keeping in mind that US Immigrations is reasonable. They will not say no BC no visa.

Or if you prefer the harder way: My cousin was born in Phanat Nikhom, Chonburi hospital ( I believe ) and she has a BC although it is in Thai and the year is in Buddist calendar ( 253x in 198x ) - something like 550 yrs different. How is it going to be translated? Anyway, your parents should know which camp/hospital you were born at >>> fly there and ask for a record of your birth. Or try to contact ICM ( sorry I don't know their contact info ) and see if they can find your birth record. ICM deals with medical examinations and records for refugees. Every refugee has a set of that record when he/she migrates to a country. Your parents may still have those. Good luck.

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Wish you the best of luck in the late stage of processing for an US Visa. Trust me, as long as there is someone can state that you were born in a refugee camp in Thailand ( and maybe other refugee camp as well ), such that it is impossible to get a BC, you'll be fine. Even if you were born in your ancestor's land and lost your BC, they'll still accept it. Unless you claim to be the sponsor's child, that would be a little trouble you'd have to go through, such as DNA testing etc... I know that there are ppl came to the US not knowing their DOB at all, means no BCs. Those would have their US DOB of Dec. 31 of the year they thought they were born. So, if you run into someone has that dec 31 birthday, chances are they came to the US no knowing their DOB

Anyway, the important thing in US immgration processing is they want to make sure the relationship between the sponsor and the sponsored, in your case, they want to make sure that your marriage is real, not for an immigration purpose. Another factor would be health condition: NO TB, NO HIV, NO STD, ... those kind of stuffs. Again good luck in joining your love.

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Wish you the best of luck in the late stage of processing for an US Visa. Trust me, as long as there is someone can state that you were born in a refugee camp in Thailand ( and maybe other refugee camp as well ), such that it is impossible to get a BC, you'll be fine. Even if you were born in your ancestor's land and lost your BC, they'll still accept it. Unless you claim to be the sponsor's child, that would be a little trouble you'd have to go through, such as DNA testing etc... I know that there are ppl came to the US not knowing their DOB at all, means no BCs. Those would have their US DOB of Dec. 31 of the year they thought they were born. So, if you run into someone has that dec 31 birthday, chances are they came to the US not knowing their DOB

Anyway, the important thing in US immgration processing is they want to make sure the relationship between the sponsor and the sponsored, in your case, they want to make sure that your marriage is real, not for an immigration purpose. Another factor would be health condition: NO TB, NO HIV, NO STD, ... those kind of stuffs. Again good luck in joining your love.

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  • 2 months later...

I would just like to update that today i went for an interview regarding my visa at the usa consulate at sydney....and guess what?? I got approved!!!

Im so over the moon right now I can't believe it's happening.

Once again I would like to thank everyone who has been so helpfull to me through out this journey..and I wish everyone the best of luck. :o

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I would just like to update that today i went for an interview regarding my visa at the usa consulate at sydney....and guess what?? I got approved!!!

Im so over the moon right now I can't believe it's happening.

Once again I would like to thank everyone who has been so helpfull to me through out this journey..and I wish everyone the best of luck. :o

CONGRATS Told ya! next .... get on a plane .... admit to the U.S. .... some paper work at port pf entry .... get a SSN .... get a driver license .... and help us to pay taxes heheheh. Do NOT to forget to bring your Australian driver license, you may need it as a 2ndary proof of DOB to get ur SSN since you don't have ur original B/C.

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