Hi All --

I am getting conflicting opinions about this, so thought I would post to this group for advice. I am a dual citizen American-Thai. My parents are dual citizens (Thailand by birth, immigrated to US), and I was born in the US. My parents applied for a Thai birth certificate for me when I was a baby at the consulate in Chicago, and I have a copy of that birth certificate. I also have copies of my parents Thai documents and their "tabien baan".

For reasons of my US-based employment, I had to give up my Thai passport, but by Thai law, I am still a Thai citizen. Because I have no Thai passport, I was required to get a visa on my US passport to come stay here (not as a tourist). The Thai consulate in DC advised me to get a non-immigrant O visa based on my Thai nationality, and that my wife and two sons could also get these as my dependents. (I could also apply for dual citizenship for them, but that is a longer process, and I cannot get a Thai passport without forfeiting my US-based employment).

The Thai consulate in DC advised me that once here (in Chiang Mai) I could do a long-stay extension beyond 90 days without leaving the country. However, now that I am here, immigration officials (not the ones at the Chiang Mai airport, but the ones at a satellite office) have told me that I and my family will have to leave the country. I haven't yet asked at the immigration authorities at the airport.

Does anyone here have a definitive answer regarding this matter?

Thanks very much.

If you can prove you are Thai then can obtain a one year extension of stay from immigration.

I am not sufficiently knowlegable to opine about the famiy but I assume the two boys have Thai birtbh certificates issued in the USA, if so, and the certificates can be produced they can also obtain an extension of stay.

Someone more knowlegable than me will contribute but I can tell you that attempting to seek advice from the airport immigration staff is a wast of time. They do not have the authority/ability to assist you.

The only definitive thing I can tell you is that immigration seem to be next to useless in cases like this. IMO you can all get extensions but I'm not knowledgeable to give you any definitive advice.

It might help others if you could confirm the nationality of your wife.

You may need to involve a lawyer.

Immigration officer perhaps don't see a case like yours very often. The Police Order 327/2557 of 2014 does indeed allow the application for a one-year extension of stay in your situation.

2.23 In the case of a person who used to have Thai nationality or whose parent is or was of Thai nationality visiting relatives or returning to his or her original homeland:

Each permission shall be granted for no more than one year.

(1) Must have evidence that the applicant used to have Thai nationality or that his her parent is or was of Thai nationality.

For easy communication with immigration, here is a link to the original Thai text of the Police Order:

Police Order 327/2557 Thai text

You should of registered you children's birth at the embassy for one of the consulates in the states. It is not that complicated.

If you have your children's birth certificates they can the the same extension as you under clause 2.23 of the police order.

Your wife's will be more difficult. She can get an extension as your wife under clause 2.18. But you will need to be on a house book and register your foreign marriage at an Amphoe to get a Kor Ror 22.

Thanks to all of you for your input. I'll bring the police order and all relevant documents when the time comes to extend. I appreciate all of your advice!

At OP request ..CLOSED