Seeking Immigration Advice On A Unique Situation.

[booboo07]

Hi my name is David and I presently live in Menlo Park, Ca. I have attached a copy of an e-mail I recently sent to the Thai Counsulate in Los Angeles. It pretty much explains my situation. I would appreciate any comments, advice etc. Thank and take care.

My name is David Butler and I currently live in Menlo Park, Ca. My situation is somewhat complicated but I will do my best to explain.

I served in the U.S. military in Thailand from 1972 to 1976. I got married to a Thai citizen while there. She had been married to a Thai citizen prior to me and they had a daughter, Piyarat Kaewsomchart. When it was time for us to leave Thailand, my wife, her daughter (Piyarat), my son from this marriage and I returned to the United States. Soon after returning we were divorced and I got custody of both children, including my step-daughter Piyarat.

In 1984 Piyarat was involved in a very bad car accident and as a result of that, is handicapped and currently lives with me. She is now 36 years old. I am her caregiver and she is totally dependent upon me for everything. About 10 years ago, she became an American citizen.

As it turns out, I want to retire in Thailand within the next 2 years. My understanding is that retirement visas are available based on background investigations, sufficient funds, etc. When I do retire in Thailand, Piyarat must accompany me because she is not able to care for herself and no one else is available to care for her, including her natural mother who now resides in North Carolina but wants nothing to do with the situation.

I have no idea where to start! My questions pertain to how I would go about getting Piyarat to legally accompany me to Thailand for retirement. Would it be possible for her to get her Thai citizenship back? Could she accompany me as a "dependent"? I have copies of birth certificates, marriage certificates, divorce certificates, green cards, medical records etc. etc. Please advise me as to what I need to do, Thank you so much for your time.

[Douggie Style]

Hi David,

In my understanding she never lost her Thai citizenship through adopting the US citizenship and should be able to get a Thai passport reissued.

This view is only an opinion so hopefully someone here with the knowledge will go right into it.

Have you applied for her passport through the embassy (proving both parents were Thai)?

PS: Being a carer of a special needs person is a very challenging role...i tip my hat to you.

[wasabi]

I also don't think she ever lost her Thai citizenship. The Consulate should be able to advise you on how to get her Thai passport back. I also admire your dedication to your adopted daughter.

[hansnl]

I also don't think she ever lost her Thai citizenship. The Consulate should be able to advise you on how to get her Thai passport back. I also admire your dedication to your adopted daughter.

If your daughter was named in the Thailand Official Government Newspaper as having surrendered her Thai Nationality and accepting another Nationality, she has NO Thai citizenship any more.

Officially Thailand does not recognise dual nationality, that said, there are many with a Thai passport also owning another one.

However, if she has been born in Thailand, with natural Thai parents or parent, she can get the Nationality back.

It will probably have to go through the courts, but you could ask a Thai lawyer how to do it.

If the above mentioning was not done, than she will still have her Thai nationality.

Produce the paperwork (birth certificate etc) and apply to the Thai Embassy.

The consulate might be able to help you, but my bet is that you will be better off at the Embassy.

Patience in this affair would be advisable

Good luck.

[submaniac]

+1 she never lost her Thai citizenship. Thailand does not specifically recognize dual citizenship, but there are no laws making it illegal either. The U.S. has no requirement that one relinquish citizenship in another country in order to become a U.S. citizen. Thai consulate in Los Angeles is the way to go. They can take care of nearly everything. With the birth certificate, and (hopefully you have an old copy of her Thai passport) you can get a Thai passport, and even a Thai ID of sorts (she will have to get a local one when she returns to Thailand).

[Monkeypants]

Thailand does allow Dual Nationallity, therefor they must Officially recognise Dual Nationality :unsure

Imo the OP could Firstly try to contact the Thai Embassy in LA, Explain the step daughters situation regarding her passport, get the passport.

Then I suppose apply for the retirement visa based on funds, book two tickets, and start enjoying retirement.

I am assuming that the daughter did not renounce her Thai citizenship?

You cannot LOSE your Thai citizenship, you have to have renounced it ( gave it up OFFICIALLY )

Edited April 13, 2008 by Monkeypants

[keestha]

David,

I would not rely exclusively on a consulate for information. They might be not so sure about what exactly the rules are. Consider contacting also the ministry of foreign affairs, office of passport division, head office,

address:

Department of Consular Affairs

Thanon Chaengwattana

Laksi BANGKOK

Tel. 0-2981-7171

[lopburi3]

Thailand, like the US, does not recognize dual nationality. But, like the US, they have not laws that prevent it. If the child became an American citizen only ten years ago she will still have Thai nationality so it should not be any problem proving it.

Off-topic but has the OP checked out entitlements (there/here) and handicapped facilities in Thailand closely?

[submaniac]

Off-topic but has the OP checked out entitlements (there/here) and handicapped facilities in Thailand closely?

If she is a citizen of the U.S., she is most likely receiving SSI/Social Security Benefits, probably in the neighborhood of $1200-1300 per month, depending on different things--severity of disability, medical care, medication, etc. I do not know if SSI would carry through if she was not in the United States, but I kind of think that it would. That kind of money would buy alot of health care in Thailand, and stay at home nurse to help care for her. I really do not know if Thailand has any type of public assistance programs.