Hello,

My wife got all documents ready to go out and apply for a non immigrant B visa and would like to take our 5 year old child with her so she can apply for a non immigrant O visa for our child (dependent).

Our child was born here so got Thai birth certificate but has been out of the country for a few years and we sort of neglected her visa status when we got back. (yeah, not too smart, I know)

Is it sufficient to take our legalized birth certificate and apply for a non immigrant O visa ?

or does my wife need to get a work permit first and go back later to apply for our child?

Thanks for any input.

The child has a thai birth certificate, why does it need a visa ?

I assume you child has a valid passport from your home country.

Your child will not be charged an overstay fine since they are under the age of 15. But they will get an overstay stamp.

Your child should be able to get the non-o based upon your wife getting the non-b visa. Most nearby embassies and consulates will do it without a problem.

The child has a thai birth certificate, why does it need a visa ?

Since it appears both parents are not Thai which means their child is also is not a Thai. The child was born here so they got a Thai birth certificate but it shows them as not to being a Thai national.

Your child should be able to get the non-o based upon your wife getting the non-b visa

Thanks Ubonjoe, Does is mean that they are getting their non immigrant visa simultaneously ?

Yes, they will get them at the same time.

The child has a thai birth certificate, why does it need a visa ?

Since it appears both parents are not Thai which means their child is also is not a Thai. The child was born here so they got a Thai birth certificate but it shows them as not to being a Thai national.

Thank mate, I did not think of that possibility.