Married,Under 50, With 30 Year Old Usa Felony Conviction And Wanting To Permanently Live In Los.......

[Ahnsahn]

What would be the various Visa options for an American, under 50, with Thai wife and who has a 1980 USA felony conviction but wants to permanently live in LOS?

Currently, this person who lives about 60 km from the Lao border has been making 15 day border runs, when his Transit visa expired but isn't there a better method?

Is there a required police report from the embassy if he went the non-immigrant "O" (marriage) route? Would an 'Educational' visa buy him some time?

He is back in the USA at the moment but can anyone detail his best options?

[PoorSucker]

A non-O visa requires no police check.

With 400.000 baht in Thai bank or an income of 40.000 baht he can apply for extension of stay based on marriage.

From Police order 777/2551

2.18 In the case of a family member of a Thai(applicable only to parents, spouse, child, adopted child or child of his/her spouse):

Permission will be granted for a period of not more than 1 year at a time.

(1) The alien has obtained a temporary visa (NON-IM)

(2) Proof of family relationship

(3) In the case of a spouse, the marital relationship shall be dejure (legitimate) and de facto;

(4) In the case of a child, adopted child or child of his/her spouse, the said person must not be married, must be living with the family, and must be less than 20 years of age; or

(5) In the case of a parent, one of parents must have an average annual income of not less than 40,000 baht per month or a money deposit of not less than 400,000 baht for expenses within a year.

(6) In case of marriage with a Thai lady, the husband who is an alien must have an average annual income of not less than 40,000 baht per month or a money deposit in a local Thai bank of not less than 400,000 baht for the past 2 months for expenses within a year.

Note: Two months first extension after that 3 months

[7by7]

Wrong forum; moved.

[lopburi3]

11. According to the Immigration Act of Thailand B.E. 2522 (1979), foreigners who fall into any of the following categories are prohibited to enter Thailand:

(6) Having been imprisoned by judgment of the Thai Court; or by lawful injunction or judgment of the Court of a foreign country, except for when the penalty is for a petty offence, or negligence, or is provided for as an exception by the Ministerial Regulations.

Would 30 years exempt it by Ministerial Regulations? I have no idea; but suspect any stay in Thailand could be problematic at some point if not.

[Capealava]

11. According to the Immigration Act of Thailand B.E. 2522 (1979), foreigners who fall into any of the following categories are prohibited to enter Thailand:

(6) Having been imprisoned by judgment of the Thai Court; or by lawful injunction or judgment of the Court of a foreign country, except for when the penalty is for a petty offence, or negligence, or is provided for as an exception by the Ministerial Regulations.

Would 30 years exempt it by Ministerial Regulations? I have no idea; but suspect any stay in Thailand could be problematic at some point if not.

Wrong. have been here for 8 years-tourist visas, Non-immigrant O. ect. I have a felony pot conviction from the 70"s. Thus question was poised to immigration in Phuket Gazette a few years ago. The immigration answered in this way http://www.phuketgazette.net/archives/issuesanswers/2005/article786.html

[Pib]

Since immigration does not require a police check to get a Non-O I think that pretty much answers the OP's question regarding the felony convicition. I expect immigration would only require a police check in unusual circumstances / when they feel something is amiss with the applicant.

[Ahnsahn]

11. According to the Immigration Act of Thailand B.E. 2522 (1979), foreigners who fall into any of the following categories are prohibited to enter Thailand:

(6) Having been imprisoned by judgment of the Thai Court; or by lawful injunction or judgment of the Court of a foreign country, except for when the penalty is for a petty offence, or negligence, or is provided for as an exception by the Ministerial Regulations.

Would 30 years exempt it by Ministerial Regulations? I have no idea; but suspect any stay in Thailand could be problematic at some point if not.

Wrong. have been here for 8 years-tourist visas, Non-immigrant O. ect. I have a felony pot conviction from the 70"s. Thus question was poised to immigration in Phuket Gazette a few years ago. The immigration answered in this way http://www.phuketgaz...article786.html

When the subject with the 30 year old felony record approaches 50, would he be able to convert (an above) Non-immigrant O (marriage) 'visa' / 'extension to stay' to 'Retirement'? Wouldn't this type require an (annual?) criminal record check form from the embassy?

[Lite Beer]

When the subject with the 30 year old felony record approaches 50, would he be able to convert (an above) Non-immigrant O (marriage) 'visa' / 'extension to stay' to 'Retirement'? Wouldn't this type require an (annual?) criminal record check form from the embassy?

No it would not.

It would also be cheaper to stick with the Marriage Extension.

[My Friend Same]

I know a dude with one of these drug convictions and the US wouldn't let him leave the country; but that was 10+ years ago. He still works and prays in the USA. He had a charge for one tab of some substance but the USA has monitored him to this day. The good news is that he never liked taking trips out of country anyway so what the hay. He could get a lot of hot chicks cause he played awesome guitar like zep and such. He didn't need to race to a foreign country like most of us did to get our hot chicks (wives ... or whatever). He could get hot white killer hot chicks in their 20s and 30s cause his guitar playing was amazing. He was just stupid to allow himself to get entrapped. But really when I think about that guy, he's luckier than all of us cause he can have the super hot chick and live in his USA resort community and not have to rough it here. For me, I'll take what I have here in BKK and my chick (wife) is the hottest thing imaginable so I would never change a thing but I think what he has is awesome and if the OP had the same thing, he'd have no worries but maybe he got none anyway.

[gosompoi]

you know you can have your felony in America removed from your record and expunged like like it never happened after 5 years.

[Tod Daniels]

I think the biggest confusion is between visa TYPES. Securing a Non-Immigrant Type-OA (often referred to as a Long Stay Visa); the kind that is only issued in your country of origin DOES require a police background check.

That is NOT the case in when securing a Non-Immigrant Type-O visa for what ever reason, or inside thailand when getting a yearly extension of stay based either on marriage or retirement. (I mention the retirement visa as well, only because the requirements of no police check are the same, I'm aware the person in question is too young to utilize this option)

The person in question could with the proper documentation go to to a tha comsulate in S/E Asia and secure a single entry 90 day Non-Immigrant Type-O visa based on being married to a thai national. When he returns to thailand and there is about a month left on the visa he'd go to his assigned Immigrations office again with supporting documents as well as meeting the financial requirements, and could secure a yearly extension of stay.

As I said, there is NO police check required from his home country regarding the issuance of extensions of stay based either on Marriage to a thai national or on retirement. An ED visa would work too, but hed hafta be enrolled in an school registered with the Ministry of Education and take the documents the school provides to a thai consulate or embassy to secure that type of visa.

Conversely, unless I am mistaken; the person in question might also be able to go to his assigned Immigrations office here in thailand and with the correct documentation secure a 60 day stay based on 'visiting his thai spouse'.

Certainly either option is better than slogging across a land border to extend his stay by 14 days each time.

I read the O/P states this person is now in the US. One of his easiest and possibly best options is apply for and receive a double entry (or even a triple entry at some of the more lenient thai consulates) Tourist Visa. He also might be able to secure a single entry Non-Immigrant Type-O visa based on being married to a thai national, and do the extension of stay once he's back here.

There are several ways to go about this, and none of them, other than the Non-Immigrant Type-OA require a police check.

There are also more than enough Honorary Thai Consulates scattered around the US, and a few emails or phone calls should get him sorted out on his options and what will work best in his situation. FWIW: I'd avoid Washington DC, and Los Angeles but certainly try every other Honorary Thai Consulate in nearby states.

Good luck, and if you can; let us know what's what, when he returns.

As an aside; other than the glowing report of some convicted felon in the US being a great guitar player, never traveling, and getting "hot, white, killer, hot chicks in their 20's and 30's", I don't see how the post made by "My Friend Same" (a truly original moniker if there ever was one) had ANY relevance to the O/P's post, by any wild stretch of my imagination . .. The mind truly wobbles at some of the wordz-o-wisdom offered out sometimes.. ..

Edited August 2, 2010 by tod-daniels

[asia_pilot]

If he is now back in the USA. Contact the Consulate in L.A. and get a NON O (Spouse) multiple entry/ 1year. This is pretty easy and can be done via Post. No BG check or anything.

[Ulysses G.]

you know you can have your felony in America removed from your record and expunged like like it never happened after 5 years.

Does not sound correct.

[Tod Daniels]

If he is now back in the USA. Contact the Consulate in L.A. and get a NON O (Spouse) multiple entry/ 1year. This is pretty easy and can be done via Post. No BG check or anything.

That would also be another viable option, as it’d allow the person to stay for up to 90 days at a time, then border run to get another 90 days. This type of visa would give him almost 15 months in country, and I concur, he should at least contact the thai embassy/consulate in LA to see what their requirements are.

He’d probably need copies of his thai wife’s i/d, registration of the marriage at the local amphur, and some other documentation but it could work

FWIW: you can’t get marriage visas based only on the dog-n-pony show of a thai village ceremony, it’s gotta be a registered marriage.

Good answer, and one I didn’t think about.

[asia_pilot]

I never had any Probs in L.A. Little paperwork needed and fast turnaround. I always used that method since I didnt want to deal with Immigration here.

[Ahnsahn]

I think the biggest confusion is between visa TYPES. Securing a Non-Immigrant Type-OA (often referred to as a Long Stay Visa); the kind that is only issued in your country of origin DOES require a police background check.

You hit the nail right on the head! I bet you just cleared up this point for hundreds of other readers, too!

That is NOT the case in when securing a Non-Immigrant Type-O visa for what ever reason, or inside Thailand when getting a yearly extension of stay based either on marriage or retirement. (I mention the retirement visa as well, only because the requirements of no police check are the same, I'm aware the person in question is too young to utilize this option)

The person in question could with the proper documentation go to to a Thai Consulate in S/E Asia and secure a single entry 90 day Non-Immigrant Type-O visa based on being married to a Thai national. When he returns to Thailand and there is about a month left on the visa he'd go to his assigned Immigrations office again with supporting documents as well as meeting the financial requirements, and could secure a yearly extension of stay.

As I said, there is NO police check required from his home country regarding the issuance of extensions of stay based either on Marriage to a thai national or on retirement. An ED visa would work too, but he'd hafta be enrolled in an school registered with the Ministry of Education and take the documents the school provides to a thai consulate or embassy to secure that type of visa.

Conversely, unless I am mistaken; the person in question might also be able to go to his assigned Immigrations office here in Thailand and with the correct documentation secure a 60 day stay based on 'visiting his Thai spouse'.

Certainly either option is better than slogging across a land border to extend his stay by 14 days each time.

I read the O/P states this person is now in the US. One of his easiest and possibly best options is apply for and receive a double entry (or even a triple entry at some of the more lenient thai consulates) Tourist Visa. He also might be able to secure a single entry Non-Immigrant Type-O visa based on being married to a thai national, and do the extension of stay once he's back here.

There are several ways to go about this, and none of them, other than the Non-Immigrant Type-OA require a police check.

There are also more than enough Honorary Thai Consulates scattered around the US, and a few emails or phone calls should get him sorted out on his options and what will work best in his situation. FWIW: I'd avoid Washington DC, and Los Angeles but certainly try every other Honorary Thai Consulate in nearby states.

Good luck, and if you can; let us know what's what, when he returns.

Will surely do!!

As an aside; other than the glowing report of some convicted felon in the US being a great guitar player, never traveling, and getting "hot, white, killer, hot chicks in their 20's and 30's", I don't see how the post made by "My Friend Same" (a truly original moniker if there ever was one) had ANY relevance to the O/P's post, by any wild stretch of my imagination ......The mind truly wobbles at some of the 'wordz-'o-wisdom' offered out sometimes....

I hear that! - I'll chalk it up to just a little humorous(?) distraction from the otherwise serious immigration regulation hoops that we farang must jump through.

you know you can have your felony in America removed from your record and expunged like like it never happened after 5 years.

...The person whom this thread is referring to says that it is correct, but 'only' if there is no more than one felony on your record.....he has more than one :-( But he wants to relay his appreciation for all the responses here because he would have been lost w/o them....I posted this topic on his behalf in the first place because he is computer illiterate.....I think he now realizes the necessity of going online and especially this on this forum now that he will be living the life in LOS!