Thai Usa Dual Passport Problem

[verygoodgirl]

Hello all… I hope I can get good helpful advice here.

I am Thai woman (32 and single mother & living on a low budget)

with a child 4 years old who has a Thai and USA passport.

We were in the USA recently (my Thai 4 year old daughter who carries both a Thai and USA passport) and I (I have only a Thai passport)

Her father is from USA so I got her a USA passport when she was born in case we wanted to go there for travel.

Anyways we went there recently for about 6 months.

She left Thailand with the USA passport and entered the USA with it as well.

Then checked out of USA with her USA passport.

I decided to return to Thailand about 2 weeks ago.

But when I came into Thailand I forgot to enter my daughter with her Thai passport

Which is new (never used)

So now she has a 30 day stamp in her USA passport!

I want her to be in Thailand on her Thai passport!

Now Thai immigration says I must pay each year money so she can have long term 1 year visa in her USA passport!

She is Thai and I don't want that she lives in Thailand and has to deal with a visa for Thailand!

We don't plan to go back to the USA anytime soon.

But I want both passports to be in good shape so she can use them both in the future.

The 30 stamp expires on the 18^th of this month.

I thought to cross into Cambodia and check out (stamp both out) with both passports and re enter Thailand with the Thai passport.

Will they do that first and 2^nd will the USA passport be ok if I carry it back into Thailand unstamped and sometime in the future decide to travel into the USA again?

Can you advice me please some good advice?

Edited March 2, 2010 by verygoodgirl

[lopburi3]

To be legal she would have to obtain a one year extension of stay for 1,900 baht each year. But there is no charge for overstay with children so unless required for school she does not have to be legal and will not be charged overstay while below 15 years old under current policy.

You should have returned using the Thai passport and on another air trip you can do that - but on land borders you can not.

Normal usage is to use Thai passport for exit/return to Thailand. Use US passport for entry/exit US. But you can not make a change on a land border as they check for stamp of country you exited.

[Mario2008]

note that there is no overstay fine for children under 15 years old. So you could just leave the situation, until you will travel again.

To correct this situation, your child must leave Thailand on her US passport and re-enter again on her Thai passport. It is indeed as simple as that.

regarding your second question, it doesn't matter for the US.

Edit:

Indeed it probably must be an air border, as I'm not sure if they also stamp Thai passports out of the country or Thais only have to fill in a departure card.

[neverdie]

^Whilst the advice provided is good, it may now also be the time for the OP to consider taking advantage of a cheap flight to a neighbouring country (while the child can get cheaper fairs), it may save further problems down the track with the child on overstay, something which would concern me when the child reaches teenage years & may have some interaction with the authorities.

[mackayae]

Don't show the Thai authorities your child's USA passport. It only lasts 5 years, then apply for a new one. Just travel in and out of Thailand with her Thai passport.

[lopburi3]

The child is here on a US passport and they last 10 years not five. The child is listed as in Thailand on that US passport so it needs to be used for exit to get it cleared.

[verygoodgirl]

thanks for the help so far! very nice of you all

but I am more confused still

what is the best situation for us I still wonder?

I dont have plans for travel now.

my english isnt perfect so say it in simple terms and with steps

step one step two

thanks

[rfukata]

^Whilst the advice provided is good, it may now also be the time for the OP to consider taking advantage of a cheap flight to a neighbouring country (while the child can get cheaper fairs), it may save further problems down the track with the child on overstay, something which would concern me when the child reaches teenage years & may have some interaction with the authorities.

agree, very good point (exit and re-enter with Thai passport) without the hassle.

[lopburi3]

1.

A. Take no action.

B. Visit immigration with child and pay 1,900 baht each year for extension of stay.

2.

A. On next air exit use US passport to exit and a stamp of overstay will be made with no charge.

B. Same as A but no overstay stamp.

3. Return using Thai passport (you may have to go to supervisor level as you did not exit on Thai passport - but you should be able to do).

4. End of issue.

[TerryLH]

"The child is here on a US passport and they last 10 years not five."

Unless they changed the rule in the last couple of months, children only get passports valid for 5 years until they turn 16.

[verygoodgirl]

great thanks for al the help!

[lopburi3]

"The child is here on a US passport and they last 10 years not five."

Unless they changed the rule in the last couple of months, children only get passports valid for 5 years until they turn 16.

Guess you are right - never had as a child - was thinking of the difference between Thai being 5 years and US being 10 years for normal passport.

[Rahimseven]

I have the same issue and it would be nice to get a clear answer from someone who has gone through this process.

Questions:

1. If my child leaves on the US passport and returns on the Thai passport will there be an issue entering Thailand since you did not leave on the Thai passport?

2. Will there be an issue at the Thai airport when we decide to travel back to the US. I know they check your passport at the ticketing counter and if they notice that you have no valid Thai visa on the US passport there will be an issue right?

3. Seems the olny way is to maintain a 1 year visa on my US passport for this to be legal. My wife also explained that immigration told here that this was the only way. Does anyone have a different story?

Thanks

[lopburi3]

1. They may be questioned as will not have the normal arrival/departure card (Thai fill out on departure) but should be accepted with explanation. If person says must use US passport for entry ask to see supervisor and issue should be resolved. As Thai they have every right to enter using Thai passport.

2. You show both passports at check-in. Done every day and everybody knows how to process.

3. US law requires use of US passport for citizens so there really is no option to use Thai passport for US entry and stay legal.

[Dork]

To be legal she would have to obtain a one year extension of stay for 1,900 baht each year. But there is no charge for overstay with children so unless required for school she does not have to be legal and will not be charged overstay while below 15 years old under current policy.

You should have returned using the Thai passport and on another air trip you can do that - but on land borders you can not.

Normal usage is to use Thai passport for exit/return to Thailand. Use US passport for entry/exit US. But you can not make a change on a land border as they check for stamp of country you exited.

Just a thought.....

Whilst it is true that foreigners with 2 passports cannot switch passports at a land border (because Thai immigration check for the neighboring countries entry/exit stamps), I'm not sure that would be true if 1 of the 2 passports is Thai. The reason I say that is because I have a business in the casino zone at Poipet and when I occasionally travel there with my Thai business partner, I am required to get a Cambodian visa & entry/exit stamps whereas using his Thai passport he isn't.

The other point I wonder about is can a Thai citizen be refused entry to Thailand on a Thai passport in any circumstances?