Please Help! Urgent!

[lostntranslation]

My husband is on his overstay of almost 2 years. Everything was just fine, until today about 7 guys showed up and took him to the Immigration Office. They processed him and put him into the IDC. I don't know what to do. I don't know what to think. Please help me to understand what is going to happen and how I can help him. This is the worst day of my life!

[britmaveric]

Months in jail, black listed then deportation I would think.

[lostntranslation]

Will he able to come back to BKK after deported?

[britmaveric]

Thai Immigration Blacklist

PERSONS NOT WANTED IN THE KINGDOM OF THAILAND

Persona Non Grata

1. Those having no genuine and valid passport or document that can be used in lieu of a passport; or those having a genuine and valid passport or document for use in lieu of a passport without a visa issued by Royal Thai Embassies or consulates in foreign countries or by the Ministry of Foreign Affairs. Exceptions are aliens for whom no visa is required in certain special instances.

I'd say this answers your question, and no if you are blacklisted you are banned for life supposedly.

[MZurf]

Thai Immigration Blacklist

PERSONS NOT WANTED IN THE KINGDOM OF THAILAND

Persona Non Grata

1. Those having no genuine and valid passport or document that can be used in lieu of a passport; or those having a genuine and valid passport or document for use in lieu of a passport without a visa issued by Royal Thai Embassies or consulates in foreign countries or by the Ministry of Foreign Affairs. Exceptions are aliens for whom no visa is required in certain special instances.

I'd say this answers your question, and no if you are blacklisted you are banned for life supposedly.

Know of a guy that some 15 years ago (bloody h### how time flies ) got in trouble with the BIB. He was "invited" to leave the country although I am not sure if he was officially declared PNG.

Anyway, he went home and legally changed his name, got a new passport and has lived here ever since.

Mind you, 15 years ago the Immigration dep. was probably not on-line and he might have slipped through the cracks that way.

[ubonjoe]

My husband is on his overstay of almost 2 years. Everything was just fine, until today about 7 guys showed up and took him to the Immigration Office. They processed him and put him into the IDC. I don't know what to do. I don't know what to think. Please help me to understand what is going to happen and how I can help him. This is the worst day of my life!

First thing is that you are going to have to find 20,000 baht to pay the fine and buy a ticket out of the country for him.

I would also find a lawyer.

Contact your husbands home country's embassy or consulate they often can help.

If you can get things handled quickly they may not do a deportation order.

If handled correctly he may not be blacklisted.

[Thanyaburi Mac]

My husband is on his overstay of almost 2 years. Everything was just fine, until today about 7 guys showed up and took him to the Immigration Office. They processed him and put him into the IDC. I don't know what to do. I don't know what to think. Please help me to understand what is going to happen and how I can help him. This is the worst day of my life!

First thing is that he'll have to appear in the Thai court and be sentenced for overstay, and fined baht 20,000. If funds not available, then continued IDC time. If funds are available, then next step is deportation.

Thai Immigration doesn't pay for this so he needs a valid plane ticket out of the country. Valid and current passport, too, of course.

The IDC is in the back left corner of the Immigration office at Suan Plu. I forget exactly when the visiting hours are but about 1000 hrs I think, week days. The office that processes overstays is also there, bottom floor just as you walk in. I've not been there for a couple of years but they were helpful with a Lao-Hmong case I was working with. Go down and talk with them. Take a Thai speaker friend if one is available.

You can take food to your husband during visiting hours. He'll probably be in Room 7, I think it is, 3rd floor walk up. Slide the food under the bars.

I don't know about the "banned for life" aspects of this, perhaps so, perhaps not. In any case, better to act quickly on the the problem I'd expect.

Mac

[bruceboy]

Good luck and please keep us abreast of what is happening. Maybe someone can help.

[ubonjoe]

This is a serious situation the OP has. She is asking for help and advise.

Any off topic posts will be deleted.

Please post only if you can offer advise or help. Or have questions about the advise given.

[adjan jb]

Over the years, I've met a lot of overstayers. Some are still happily living in LOS (it won't last), but most have been arrested and deported (after about 2-3 weeks in jail).

Not one of them has ever been blacklisted. I would say that 80 % were back in Thailand after a few weeks or months in their home country. I even knew a French guy who, upon his own request, was deported to Kuala Lumpur or Penang (can"t remember). 5 days later, he was back in Thailand with a tourist visa.

Have they changed the rules regarding the black list? Or are they now applying some existing rules? (see Britmaverick's post)

From what I know, your husband will also need some cash (better food, cigarettes, etc.)

[PhilHarries]

I even knew a French guy who, upon his own request, was deported to Kuala Lumpur or Penang (can"t remember). 5 days later, he was back in Thailand with a tourist visa.

My post, although breaking ubonjoe's rule for firm advice, does raise a question that may be relevant to the OP's plight.

I always understood that deportation can only be to a country that cannot refuse entry and this is normally taken as the deportee's home country i.e. that of his/her passport. Is this the case or can some flexibility be asked for or expected here?

I knew a Brit a few years ago who was deported from the Philippines and they refused to send him to Thailand so he had to go via the UK.

[ubonjoe]

I even knew a French guy who, upon his own request, was deported to Kuala Lumpur or Penang (can"t remember). 5 days later, he was back in Thailand with a tourist visa.

My post, although breaking ubonjoe's rule for firm advice, does raise a question that may be relevant to the OP's plight.

I always understood that deportation can only be to a country that cannot refuse entry and this is normally taken as the deportee's home country i.e. that of his/her passport. Is this the case or can some flexibility be asked for or expected here?

I knew a Brit a few years ago who was deported from the Philippines and they refused to send him to Thailand so he had to go via the UK.

Yours is fine and is still on topic.

I think it would depend on the reason for deportation. An overstay is not per say a criminal deportaion that would prevent somebody from traveling to a nearby country.

If the fine is paid it could be a voluntary deportation in this case.

[jamesjdaly]

If you have a few bob, get a qualified immigration lawyer NOW. My sympathies to you.

Edited January 8, 2009 by jamesjdaly

[lostntranslation]

Thank you all for support. I really appreciate it. It is a really hard time for me, but we will get through it. No matter what it will take.

My husband went to court in the morning. He paid 3000 THB fine and then he has been taken back to the IDC. I could barely talk to him. Nobody told me anything again. I hate being completely out of the loop.

I have an appointment today with the immigration lawyer. I hope he will help or at least will let me know what is going on and what needs to be done.

I don't have any friends here that I can trust and reading your posts really help me. Thank you. I am glad to know I am not completely alone.

[ubonjoe]

Thank you all for support. I really appreciate it. It is a really hard time for me, but we will get through it. No matter what it will take.

My husband went to court in the morning. He paid 3000 THB fine and then he has been taken back to the IDC. I could barely talk to him. Nobody told me anything again. I hate being completely out of the loop.

I have an appointment today with the immigration lawyer. I hope he will help or at least will let me know what is going on and what needs to be done.

I don't have any friends here that I can trust and reading your posts really help me. Thank you. I am glad to know I am not completely alone.

Glad we could be of help.

Let us know how things go and do post again if you need some more help or advise.

Joe

[adjan jb]

Good luck to you and your husband.

Don't forget to bring him some money. He will probably need it. Small bills (a cell is not a place where it's easy to break a 500 Baht banknote)

Edited January 8, 2009 by adjan jb

[torrenova]

Is the OP Thai ? The statement that doesn't "have any friends here that I can trust" makes me think not or that if she is Thai, then she cannot trust her family. If she is not Thai, then what is the OP's visa situation ?

Someone must have shopped him to the authorities. Who ? Why ?

The OP needs a good lawyer. The issues and questions potentially go further than the overstay.

1. If he was working then he was presumably working illegally - for whom and why ?

2. If he was not working, then how was he supporting himself and his wife ? They will ask.

There is also the question that if there was money to pay living expenses and now to pay for lawyers etc. then why did the guy not get the necessary visa, either non imm, marriage extension (if she is Thai) or tourist ?

Is his passport still valid ?

I know someone who sent his passport down the Khao San Road route a few years ago and it never came back. He "lost" his passport, paid the 20k overstay (about 2 years), made a border crossing and got a tourist visa to come back.

This topic regularly rears it's head but usually before someone is locked up. I hope the OP can get her husband out of the IDC as smoothly as possible and if required, with the ability to return. One caveat though is that the reasons why he was captured and what he was doing here may themselves preclude his return or at least make an extended return more difficult.

[Maestro]

...

My husband went to court in the morning. He paid 3000 THB fine and then he has been taken back to the IDC. I could barely talk to him. Nobody told me anything again. I hate being completely out of the loop...

S the first, essential step has been completed. All your husband needs now is an airline ticket out of Thailand, which can even be to a neighbouring country, leave Thailand, and fly right back to Thailand, preferably after getting a nonO visa. After that, he should be careful not to overstay or next thime the judge may not be as lenient as he was this time.

--

Maestro

[imaneggspurt]

My husband is on his overstay of almost 2 years. Everything was just fine, until today about 7 guys showed up and took him to the Immigration Office. They processed him and put him into the IDC. I don't know what to do. I don't know what to think. Please help me to understand what is going to happen and how I can help him. This is the worst day of my life!

Your English is very good,Are you a foreigner and is your visa ok ?,.get a local lawyer, specialist in these matters,, money will help,.. he may be offered to leave voluntary, ( exclusion order .allowed back in ) or deported,.not so easy, good luck,.

[Maestro]

…The OP needs a good lawyer. The issues and questions potentially go further than the overstay.

Personally, I do not believe that a lawyer is even necessary. All that is needed now is an airline ticket out of Thailand., if that is what the court order says.

Will it help to find out who denounced the overstayer? As long as he stays within the law in future, ie does not overstay, he has nothing to fear from whomever denounced him this time and a lawyer would probably be useless in trying to find out who the denouncer was. If it is important for the OP or his husband to find out, better pay a few Baht to the police to get at this information.

--

Maestro

[Moonrakers]

I don't know much about the legalities but:

A few months ago, a friend of mine got into trouble with immigration. It was foolish really as he somehow managed not to get stamped into Thailand upon arrival. I'm not sure how that happened but it was innocent.

Anyway. He told me that whilst he was being held the guards treated him reasonably well. They where not at all aggressive or intimidating and they would even arrange for him to have a MacDonalds delivered (with a small surcharge of course). They allowed him to smoke and would come and check on him from time to time (He was sh*tting himself).

From what I have gathered he is unlikely to get too much a hard time in there.

Hope this helps a little.