Best border crossing to clear a long overstay now

[Issanman]

My half-Thai daughter is in the process of getting her Thai ID card, but the people at the amphur are not very fast, so it may be a while longer.

She entered on her US passport over two years ago and now has a long overstay which needs to be cleared before March 20th.

We are about an hour from Nakhon Phanom but I am unsure of the overstay policy at the Friendship Bridge to Lao there.

There was a recent report of successfully clearing a long overstay at the Nong Khai crossing, but not at the other bridges down-river from there.

Any recent news or knowledge about success or failure of clearing a long overstay at either the NKP or Mukdahan bridges to Lao would be very much appreciated.

And would she be able to turn around and re-enter Thailand on a visa-exempt entry without problem?

If there is a problem with that, then we could probably get her an actual visa of some kind at Savannakhet for her re-entry. Any ideas or helpful suggestions?

Thanks!

PS. Daughter is in her 30s.

Edited March 8, 2016 by Issanman

[darrendsd]

Nong Khai would be your best option in my opinion, they are still clearing long overstays there

She could apply for a Single Entry tourist visa at Vientianne, apply in the morning one day, go back the next afternoon to pick it up

Whilst she should be ok doing a turnaround to come straight back in I have seen other members on other posts advising against this as it might lead to questioning by Immigration officials

[ubonjoe]

How old is your daughter?

Children under the age of 15 are not fined for overstays and if under 18 the new overstay rules do not apply.

The only recent report was for Nong Khai. Not sure about NKP. But Mukdahan has turned people away before.

If she got a tourist visa in Vientiane there would be no problem entering the country.

[Issanman]

ubonjoe,

My daughter is 37 years old. But now there is a new twist to the story: Her US passport will expire in early August. She only has 5 months left on her passport. No visa to Laos or Thailand is possible without at least 6 months left on the validity of the passport. I am trying to figure out how to help her fix all this, but the passport expiration in 5 months seems to complicate things quite a bit. She could possibly be able to process the new passport in time, but I don't think the US embassy would want to do it with an overstay.

Any ideas?

[sunnyjim5]

ubonjoe,

My daughter is 37 years old. But now there is a new twist to the story: Her US passport will expire in early August. She only has 5 months left on her passport. No visa to Laos or Thailand is possible without at least 6 months left on the validity of the passport. I am trying to figure out how to help her fix all this, but the passport expiration in 5 months seems to complicate things quite a bit. She could possibly be able to process the new passport in time, but I don't think the US embassy would want to do it with an overstay.

Any ideas?

She can travel to Hong Kong where she can either apply for a visa or return for a visa exempt entry.

If the lady can prove she is Thai she can get a one year extension of stay from immigration or failing that she could apply for a 30 day extension to the visa exempt entry or tourist visa.

Edited March 8, 2016 by sunnyjim5

[ubonjoe]

ubonjoe,

My daughter is 37 years old. But now there is a new twist to the story: Her US passport will expire in early August. She only has 5 months left on her passport. No visa to Laos or Thailand is possible without at least 6 months left on the validity of the passport. I am trying to figure out how to help her fix all this, but the passport expiration in 5 months seems to complicate things quite a bit. She could possibly be able to process the new passport in time, but I don't think the US embassy would want to do it with an overstay.

Any ideas?

Laos is very stringent on the 6 month passport requirement. The same for the embassy to get the visa.

Cambodia has a 6 month rule but at border crossing many still use the 4 month rule.

It takes about 10 days to get a US passport. The overstay would not be a problem at the embassy.

She shooed not be on an overstay since she could of gotten one year extension at immigration as a returning Thai national.

[lkv]

How about waiting until the ID card is issued and then instead of crossing a border clear the 20K in an immigration office, regardless whether this happens before or after the 20th of March.

I'm not a lawyer, but I would expect the local Immigration to clear her overstay after paying 20K and then either giving an extension or refusing an extension and giving 7 days to leave the country.

I don't belive even by their laws they could technically deport or blacklist a half Thai (with a Thai ID), don't think any Immigration office would even open that can of worms.

Why don't you ask a lawyer about this?

Edited March 8, 2016 by lkv

[kingstonkid]

Whyd o people wait untilthe last minute. It is not like they just decided yesterday to do all this.

Here is the probelm if she does the new passport in Thailand it willtake a minimum of 10 days putting her in excess of 2 years.

If I know this system they are going to be doing a lot of local stops to see how many they can catch and how much money they will make in bonuses.

I would think that the best thing she could do is leave Thailand go to Malaysia, Singapore of Hong Kong and apply for a new passport there. Once she has it then she can come back into Thailand with a 3 month visa that will give her breathing room.

[Issanman]

How about waiting until the ID card is issued and then instead of crossing a border clear the 20K in an immigration office, regardless whether this happens before or after the 20th of March.

I'm not a lawyer, but I would expect the local Immigration to clear her overstay after paying 20K and then either giving an extension or refusing an extension and giving 7 days to leave the country.

I don't belive even by their laws they could technically deport or blacklist a half Thai (with a Thai ID), don't think any Immigration office would even open that can of worms.

Why don't you ask a lawyer about this?

This is the only answer I can think of also.

Once her Thai ID card is issued, can they deport her because of an overstay? Probably not. There is no easy answer to this.

Yes, she may be able to clear her overstay and enter Cambodia on her US passport, but then what? She would certainly need to get her new US passport in Cambodia before being able to re-enter Thailand.

All of her paperwork is at the amphur already, including her birth certificate recently issued by the Thai embassy in DC, and also certified by the state of Florida. Just waiting for the ID card now. The "fees" have already been paid in advance.

[ThaiWai]

Get a new visa asap at the embassy or outreach

Here's the schedule. No appointment needed unlike the embassy.

http://bangkok.usembassy.gov/consular_outreach.html

You really played with fire on this one with March 20 less than 2 weeks away.

The embassy requires an appointment and this is the availability as of 2 minutes ago

[lkv]

Whyd o people wait untilthe last minute. It is not like they just decided yesterday to do all this.

Here is the probelm if she does the new passport in Thailand it willtake a minimum of 10 days putting her in excess of 2 years.

If I know this system they are going to be doing a lot of local stops to see how many they can catch and how much money they will make in bonuses.

I would think that the best thing she could do is leave Thailand go to Malaysia, Singapore of Hong Kong and apply for a new passport there. Once she has it then she can come back into Thailand with a 3 month visa that will give her breathing room.

She is half Thai for f##k sake. Why should a half Thai have to do border runs and this could not be cleared in an Immi office.

I mean I understand she entered on the US passport, but it's a technicality, she is not an "Alien" based on their understanding of overstay penalties no?

[Issanman]

I would think that the best thing she could do is leave Thailand go to Malaysia, Singapore of Hong Kong and apply for a new passport there. Once she has it then she can come back into Thailand with a 3 month visa that will give her breathing room.

That may work if those countries would let her in with only 5 months left on her passport. I am trying to think of every possibility. Thanks.

[KC 71]

Not Lao

[Badbanker]

If she has the right to Thai nationality and as such she cannot be fined for overstay!

If she has a Thai birth certificate and as such she is Thai!

If she is a Thai national, so does not get fined or barred from the country.

Any overstay she accrues is just laughed at in immigration.

The Thai Government cannot blacklist a Thai national from entering of residing in Thailand!

It is their birthright and will always be till there is no more Thailand.

[sunnyjim5]

She has the right to Thai nationality and as such she cannot be fined for overstay!

She has a Thai birth certificate and as such she is Thai!

She might be Thai but can the lady prove it.

I may have missed the OP saying the ladies Thai BC was available.

Edited March 8, 2016 by sunnyjim5

[DipStick]

Whyd o people wait untilthe last minute. It is not like they just decided yesterday to do all this.

Here is the probelm if she does the new passport in Thailand it willtake a minimum of 10 days putting her in excess of 2 years.

If I know this system they are going to be doing a lot of local stops to see how many they can catch and how much money they will make in bonuses.

I would think that the best thing she could do is leave Thailand go to Malaysia, Singapore of Hong Kong and apply for a new passport there. Once she has it then she can come back into Thailand with a 3 month visa that will give her breathing room.

She is half Thai for f##k sake. Why should a half Thai have to do border runs and this could not be cleared in an Immi office.

I mean I understand she entered on the US passport, but it's a technicality, she is not an "Alien" based on their understanding of overstay penalties no?

Am I missing something here, we have what is described as a half Thai, who is waiting for a Thai ID, but entered Thailand on a USA passport, so my question would be, does she hold a Thai passport ? If yes then why didn't she enter Thailand on that instead of her US passport. If she has no Thai passport, are US citizens allowed dual nationality ? I don't know, that's a question.

But as said before, since the change of immigration rules, that come into effect very shortly, there are many overstayers coming out of the woodwork. I Agree your daughters case is certainly different but why leave it so late. Even if she was issued a Thai ID card yesterday, would it really alter her overstay considering she entered on a US Passport.. Just asking !

[Badbanker]

She must have a birth certificate stating she is Thai, to apply for a Thai ID card and as such she is Thai under Thai law!

[sunnyjim5]

She must have a birth certificate stating she is Thai, to apply for a Thai ID card and as such she is Thai under Thai law!

And the solution to this Thai ladies problem is what ?

[Issanman]

She has a Thai birth certificate from Thai embassy in Washington DC. A copy of that birth certificate is at the amphur now waiting for the issuance of her Thai ID card. After that, she can apply for her Thai passport. There is always a chance that the amphur will notice her overstay before issuing the ID card. Hopefully not.

[Badbanker]

So what if they notice her overstay! Are they going to deport her? No way! They might get a bit interested but she is Thai and they are dragging their feet doing their duty.

It took me 6 months for me to get a new ID card for a Thai woman who was born here and lived 30+ years overseas. They danced and ran around but I was polite and persistent and they had to do it and she is now very happy.

Finish the Thai ID Card and her Thai passport and exit Thailand to anywhere on her existing US passport. Reenter on her Thai passport and live happily ever after!

[Suradit69]

ubonjoe,

My daughter is 37 years old. But now there is a new twist to the story: Her US passport will expire in early August. She only has 5 months left on her passport. No visa to Laos or Thailand is possible without at least 6 months left on the validity of the passport. I am trying to figure out how to help her fix all this, but the passport expiration in 5 months seems to complicate things quite a bit. She could possibly be able to process the new passport in time, but I don't think the US embassy would want to do it with an overstay.

Any ideas?

"She could possibly be able to process the new passport in time, but I don't think the US embassy would want to do it with an overstay."

When I got a new US passport it was under ten days from application submission to receipt of the new one.

I don't think the US embassy looks at your Thai immigration status or things stamped in your passport. When I applied at a consular outreach in Pattaya they looked at the ID page in the old passport and wanted a photocopy of only that page, but I kept the old passport. No one looked at anything past the ID page. Not really any of their business.

Edited March 8, 2016 by Suradit69

[swissbie]

So what if they notice her overstay! Are they going to deport her? No way! They might get a bit interested but she is Thai and they are dragging their feet doing their duty.

It took me 6 months for me to get a new ID card for a Thai woman who was born here and lived 30+ years overseas. They danced and ran around but I was polite and persistent and they had to do it and she is now very happy.

Finish the Thai ID Card and her Thai passport and exit Thailand to anywhere on her existing US passport. Reenter on her Thai passport and live happily ever after!

As long as the Amphoe hasn't issued a Thai ID she isn't registered as a Thai citizien, so she has to worry about her overstay as March 20. is approaching fast.

[steve187]

where was she born, if in Thailand on which passport did she leave Thailand,

Is the Thai id a certainty.

A thai born and raised person i know, left Thailand many years ago as ships crew, he settled in the uk and obtained uk passport, he has no thai id card, he is not on a house book, he is in Thailand at the moment on uk passport but managed to get a one year extension as a thai national. he is trying to sort the thai id out, but it takes some doing.

[Maestro]

She has a Thai birth certificate from Thai embassy in Washington DC. A copy of that birth certificate is at the amphur now waiting for the issuance of her Thai ID card. After that, she can apply for her Thai passport. There is always a chance that the amphur will notice her overstay before issuing the ID card. Hopefully not.

The district office (amphoe) does not deal with passports. No Thai national is required to submit a passport with the application for the ID card. In fact, without an ID the passport cannot be applied for in Thailand. The chronological sequence is as follows:

1. Entry in a house registration book
2. Issuance of ID card
3. Issuance of passport

[Maestro]

She must have a birth certificate stating she is Thai, to apply for a Thai ID card and as such she is Thai under Thai law!

Yes, she has a Thai birth certficate. The OP wrote: "...her birth certificate recently issued by the Thai embassy in DC...". That would be a birth certificate issued by the consular section of the Thai embassy in Washington DC and is confirmation that she acquired Thai nationality at birth.

The easiest way for her to get her Thai passport, I presume her first, would have been to apply for it at the Thai embassy in Washington. No house registration book entry and no Thai ID needed for a Thai national born outside Thailand and applying for the passport outside Thailand.

[lkv]

Right so we agree she can't get deported. Now is she or is she not liable for the 20K fine for "misusing" her passport I'm curious.

[Maestro]

If I remember correctly, there were a few reports in this forum over the years where a Thai dual national using his non-Thai passport was asked by immigration for the regular overstay fine on departure from Thailand. To avoid a prolonged hassle with the risk of missing the flight, in all but one case the traveller paid up. One, a woman, I believe, stood her ground and in the end immigration let her leave without paying the fine.

On a land border, there is no risk of missing a flight and if ever immigration should be so foolish as to detain a dual national in such a situation and send him to court, the judge, if he knows his job, would throw the case out. I am unaware of any case ever having been taken to court.

[Maestro]

I did a search and found that in 2012 I posted an opposite opinion, and so did another moderator, lopburi3. I don't know what made me change my mind on this subject over the course of four years and now I am not sure which one carries more weight. As another member in that 2012 topic wrote, if a case goes to court it would be for the judge to decide, and it might depend on how the dual national, or a lawyer on his behalf, argues the case.

[steve187]

surely once the new Thai passport is issued then the old passport, is no longer needed other than for entry to usa.

will the same names be used in both passports.

[lkv]

True, but if you don't sort it out the proper way and you would happen to have to use your US passport to enter Thailand again in the future you may encounter difficulties since "you never left the country".