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Will a US Consulate accept criminal background check with nolle prossed finding?


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After reading numerous topics in the forum about obtaining a retirement visa, I went through all the hoops to obtain an O-A long stay visa from the Thai Consulate in Washington D.C. I had an ER doctor friend help out with the medical certificate, the leprosy test results can take over a month). I received my criminal background check (CBC) from the State police criminal records department (over 2 weeks in VA for $15) and, to my surprise, the attached report indicates that I have a criminal record. At 19 years old I spent a week in jail for "unauthorized use of a vehicle"--a felony account. The charges were thrown out in court (my boss loaned me his car), as reflected on the CBC as nolle prossed. Since the charges never stuck, I was not expecting any problem with the CBC.

So here is my question: do you think the D.C. Thai consulate will deny my application because they read the words "the search . . . revealed a criminal record" in my name, even though the charges were dropped and my record is legally clean? [i did not even know what ​nolle prossed meant until I called the police department!] I am concerned that if the Consulate denies it in the US, there is the possibility that, not only will I lose my multiple-entry application fee ($200) and that of my family (another $600), but also that the info could be logged on a database that Thai immigration/police could access and use to deny me an extension on my O-A visa in Thailand some day, if protocol changes in the future. I know I can wait and apply for the visa in country; but, I am going to have a difficult time financially, if I have to ice almost $25,000 for almost 3 months in order to get the visa. If I get it here, I can start using those funds immediately after the visa is issued. Anyone have any experience in a similar situation? Thanks.

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If they understand the meaning of the Latin word nolle prossed it should should not be a problem. Perhaps attach a the definition to the report.

"nolle prosequi. (no-lay pro-say-kwee) n. Latin for "we shall no longer prosecute," which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a civil lawsuit) either before or during trial, meaning the case against the defendant is being dropped."

Source: http://legal-dictionary.thefreedictionary.com/Nolle+prossed

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Addendum to post title (I was not able to edit it): I am talking about A Thai Consulate in the US.

Though I read in another post in this forum [# 9 in http://www.thaivisa.com/forum/topic/676962-obtained-my-o-a-visa-in-the-usa-how-can-i-s-t-r-e-t-c-h-it-to-last-2-years/] that the D.C. Thai Consulate did not require notarization of this CBC, I am concerned that the State Police returned the report (that I had to get notarized for my signature before I submitted it) with the seal on the request page but nothing on the attached pages with all the details of their findings. Could this also prove to be a cause for delay or denial? I mean, someone could type up their own report findings and attach it to a sealed report like this, if they wanted to. There is no way that anyone would know! I do not want to have my CBC denied (should I try to obtain my O-A visa here) because of this small matter. Any thoughts?

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I would think the additional pages would be numbered or even refer to the report. I think the consular section of the embassy will be familiar with how the reports are done.

The embassy website does not show that the notarization is required. http://thaiembdc.org/consular-services/non-immigrant-visas/non-immigrant-category-o/

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If you want to play it safe -- and that may well be the wisest course -- then get the nolle prosequi expunged from your record, though this will of course involve time and expense.

"Pursuant to Section 19.2-392.2, Code of Virginia, individuals charged with a crime(s) in which the court rendered a disposition of not guilty, dismissed, nolle prosequi . . . may file a petition with the court that rendered adjudication of the case for an expungement of the record."

http://www.vsp.state.va.us/CJIS_CCRE.shtm

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THERE IS NO SUCH THING AS A "RETIREMENT VISA"

There is however such a thing as an extension of a permit to stay on the grounds of retirement.

This can be granted for up to one year at a time and it is NOT a visa............................facepalm.gif

I clearly stated that I was applying for the O-A long stay visa. If anything in all the forum dialogues can be referred to as a "retirement visa," this is the one visa that is closest. The kaa ratchagaan I talked to at the Thai Consulate in D.C. actually used this word when detailing some specifics of the requirements to obtain the O-A visa. smile.png

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THERE IS NO SUCH THING AS A "RETIREMENT VISA"

There is however such a thing as an extension of a permit to stay on the grounds of retirement.

This can be granted for up to one year at a time and it is NOT a visa............................facepalm.gif

Can't see where he mentioned anything about a retirement visa, but he is seeking to obtain a visa, not an extension of stay.

To the O/P, the O-A visa has it's benefits. I got one prior to taking up full-time residence here, but it not necessary. You could just apply for a standard non-imm O, which would not require a criminal check. You can give the reason as being the intention to apply for an extension based on retirement in Thailand. During the last 30 days of any entry you make with the non-imm O, you can apply for an extension of stay based on retirement at your local immigration office.

Actually I get the impression that most people who intend to get an extension based on retirement in Thailand start out with a non-imm O because they think the O-A has too many hoops to jump through.

The O-A is nice because you can get nearly a two year stay. During the first year you wouldn't need a re-entry permit if you want to travel out of Thailand return and you could get two years in Thailand without having to come up with the financial requirements needed for the extension. BUT if you're worried about alerting the consulate/embassy to a criminal issue in the past, it might be better to skip the O-A and apply for the O.

Some people even come to Thailand on a tourist visa, convert to a non-imm O entry in Bangkok and then apply for the extension of stay. More running around required if you go this route, but it also is doable and no criminal check.

to obtain an O-A long stay visa from the Thai Consulate in Washington D.C.

Thailand is represented in DC with an embassy. Consulates operate outside a nation's capital. Thai Consulates such as in LA and Chicago might be easier to deal with than the consular section of the Thai embassy. In general embassies tend to be more rigid than consulates.

Edited by Suradit69
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I would think the additional pages would be numbered or even refer to the report. I think the consular section of the embassy will be familiar with how the reports are done.

The embassy website does show that the notarization is required. http://thaiembdc.org/consular-services/non-immigrant-visas/non-immigrant-category-o/

Where does it say that notarization required ? Only Chicago Consulate and Los Angeles Consulate require the submitted documents be notarized. New York Consulate and Washington Embassy do not

Required Documents: (Required 3 sets; 1 original and 2 copies)

1. Your actual Passport or Travel Document. (Passport or Travel Document must not expire within 6 months and contain at least ONE completely empty visa page).

2. Visa application form completely filled out (black and blue ink only) (Download)

3. Addition Application form (Download)

4. Medical certificate showing no prohibitive diseases as indicated in the Ministerial Regulation No.14(B.E. 2535) certificate shall be valid for not more than three months (Download)

5. Three photo’s passport-size photographs (2″x2″) (photocopy or photo taken from Photostat will not be accepted). Photographs must have a light color background with a full- face view of the person without wearing a hat or dark glasses. Photos must be taken within 6 months.

6. Bank statement or evidence of adequate finance showing a deposit of the amount equal to and not less than 800,000 Baht or an income certificate (an original copy) with a monthly income of not less than 65,000 Baht, or a deposit account plus a monthly income totaling not less than 800,000 Baht In the case of submitting a bank statement, a letter of guarantee from the bank (an original copy) is required

7. Letter of verification stating that the applicant has no criminal record (verification have to valid for not more than three months and must be issued from a state or Federal Bureau of Investigation only. Online criminal record without authorizer’s signature is unacceptable )

source: http://thaiembdc.org/consular-services/non-immigrant-visas/non-immigrant-category-o/

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I would think the additional pages would be numbered or even refer to the report. I think the consular section of the embassy will be familiar with how the reports are done.

The embassy website does show that the notarization is required. http://thaiembdc.org/consular-services/non-immigrant-visas/non-immigrant-category-o/

Where does it say that notarization required ? Only Chicago Consulate and Los Angeles Consulate require the submitted documents be notarized. New York Consulate and Washington Embassy do not

Required Documents: (Required 3 sets; 1 original and 2 copies)

1. Your actual Passport or Travel Document. (Passport or Travel Document must not expire within 6 months and contain at least ONE completely empty visa page).

2. Visa application form completely filled out (black and blue ink only) (Download)

3. Addition Application form (Download)

4. Medical certificate showing no prohibitive diseases as indicated in the Ministerial Regulation No.14(B.E. 2535) certificate shall be valid for not more than three months (Download)

5. Three photo’s passport-size photographs (2″x2″) (photocopy or photo taken from Photostat will not be accepted). Photographs must have a light color background with a full- face view of the person without wearing a hat or dark glasses. Photos must be taken within 6 months.

6. Bank statement or evidence of adequate finance showing a deposit of the amount equal to and not less than 800,000 Baht or an income certificate (an original copy) with a monthly income of not less than 65,000 Baht, or a deposit account plus a monthly income totaling not less than 800,000 Baht In the case of submitting a bank statement, a letter of guarantee from the bank (an original copy) is required

7. Letter of verification stating that the applicant has no criminal record (verification have to valid for not more than three months and must be issued from a state or Federal Bureau of Investigation only. Online criminal record without authorizer’s signature is unacceptable )

source: http://thaiembdc.org/consular-services/non-immigrant-visas/non-immigrant-category-o/

Thanks for noting the typo that is now fixed. No need make a big deal out of it though. Reading the info on the page I posted the link next to it indicates it was typo.

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Of course you do not need a O-A to retire in Thailand, you can come on a O visa or even a 30 day exemption and then complete the retirement process in Thailand. No questions are ever asked regarding criminal history and no checks are involved.

The only minor disadvantage is that you have to deal with Thai immigration soon after arrival, if you have a O-A you can wait up to 2 years before you have to get a retirement extension in Thailand.

If you have a income then there is never any need to tie up any money for immigration purposes.

Edited by technologybytes
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If you want to play it safe -- and that may well be the wisest course -- then get the nolle prosequi expunged from your record, though this will of course involve time and expense.

"Pursuant to Section 19.2-392.2, Code of Virginia, individuals charged with a crime(s) in which the court rendered a disposition of not guilty, dismissed, nolle prosequi . . . may file a petition with the court that rendered adjudication of the case for an expungement of the record."

http://www.vsp.state.va.us/CJIS_CCRE.shtm

even though it is expunged it will still show up on an NCIC criminal history report. It will not show on state and local but national "FBI " report will still show the arrest .
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If you want to play it safe -- and that may well be the wisest course -- then get the nolle prosequi expunged from your record, though this will of course involve time and expense.

"Pursuant to Section 19.2-392.2, Code of Virginia, individuals charged with a crime(s) in which the court rendered a disposition of not guilty, dismissed, nolle prosequi . . . may file a petition with the court that rendered adjudication of the case for an expungement of the record."

http://www.vsp.state.va.us/CJIS_CCRE.shtm

even though it is expunged it will still show up on an NCIC criminal history report. It will not show on state and local but national "FBI " report will still show the arrest .
also if was a long time ago its possible it was never reported on an FBI file card .
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THERE IS NO SUCH THING AS A "RETIREMENT VISA"

There is however such a thing as an extension of a permit to stay on the grounds of retirement.

This can be granted for up to one year at a time and it is NOT a visa............................facepalm.gif

Can't see where he mentioned anything about a retirement visa, but he is seeking to obtain a visa, not an extension of stay.

To the O/P, the O-A visa has it's benefits. I got one prior to taking up full-time residence here, but it not necessary. You could just apply for a standard non-imm O, which would not require a criminal check. You can give the reason as being the intention to apply for an extension based on retirement in Thailand. During the last 30 days of any entry you make with the non-imm O, you can apply for an extension of stay based on retirement at your local immigration office.

Actually I get the impression that most people who intend to get an extension based on retirement in Thailand start out with a non-imm O because they think the O-A has too many hoops to jump through.

The O-A is nice because you can get nearly a two year stay. During the first year you wouldn't need a re-entry permit if you want to travel out of Thailand return and you could get two years in Thailand without having to come up with the financial requirements needed for the extension. BUT if you're worried about alerting the consulate/embassy to a criminal issue in the past, it might be better to skip the O-A and apply for the O.

Some people even come to Thailand on a tourist visa, convert to a non-imm O entry in Bangkok and then apply for the extension of stay. More running around required if you go this route, but it also is doable and no criminal check.

to obtain an O-A long stay visa from the Thai Consulate in Washington D.C.

Thailand is represented in DC with an embassy. Consulates operate outside a nation's capital. Thai Consulates such as in LA and Chicago might be easier to deal with than the consular section of the Thai embassy. In general embassies tend to be more rigid than consulates.

"After reading numerous topics in the forum about obtaining a retirement visa,"

This is the first sentence of the original post by the op, so that is where he mentioned

something about a retirement visa.

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Actually there is a visa issued for retirement - it is called the long stay O-A visa and it indeed is a visa.

Actually that is not a retirement VISA it is a long stay non immigrant o-a visa which on completion of

the visa life the holder may apply for an EXTENSION OF PERMIT TO STAY BASED ON RETIREMENT.

The long stay O-A visa is simply that it is NOT a retirement visa because no such thing exists.

Nowhere on a long stay visa is the word retirement used or printed in the holders passport!!!..............

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Actually there is a visa issued for retirement - it is called the long stay O-A visa and it indeed is a visa.

Nowhere on a long stay O-A visa does it indicate or hint or even mention that it is a retirement visa

because no such thing exists period. The only existing way to remain in Thailand long term on the

grounds of retirement is to obtain an extension of permit to stay on the grounds of retirement no

exceptions and no such thing as a retirement visa of any kind...........................

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Actually the O-A was originally the normal O visa with "A" meaning a one year extension for retirement has been approved and required submission to immigration in Thailand for approval prior to issue. As time passed MFA was allowed to issue without the formal approval. And it is quite common to call it a retirement visa.

The official name is long stay as I stated; but it is used for entry and extended stay and it is common to call it a retirement visa as that is to whom it is normally issued. What should not be called a retirement visa is the extension of current stay provided by immigration in Thailand.

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If you want to play it safe -- and that may well be the wisest course -- then get the nolle prosequi expunged from your record, though this will of course involve time and expense.

"Pursuant to Section 19.2-392.2, Code of Virginia, individuals charged with a crime(s) in which the court rendered a disposition of not guilty, dismissed, nolle prosequi . . . may file a petition with the court that rendered adjudication of the case for an expungement of the record."

http://www.vsp.state.va.us/CJIS_CCRE.shtm

even though it is expunged it will still show up on an NCIC criminal history report. It will not show on state and local but national "FBI " report will still show the arrest .

I called both the (VA) county circuit court clerk and the general district court clerk and both acknowledged that there is no record whatsoever of this incident. Apparently, they get rid of such cases on the files after 10 years; though, it is quite apparent form the results of my criminal background check that either the FBI or the Scientific Investigation Division (SID) or both retain all these records (perhaps, when they are taken off court records in local counties/states); file numbers with both these acronyms were on the report. The VA state police criminal record expungement department said I could file for a "petition of expungement" and gave a very detailed and involved process of doing so--including $80 in fees, fingerprinting, possible appearances in court, and a 4-6 month wait! blink.png Two secretaries in these departments said I might have to hire an attorney! I will call back tomorrow to talk to the department supervisor to find out if all of this would completely remove my name from the kind of record I will be submitting in DC this coming Tuesday (for the future). If he says "no," I would imagine that there is really nothing you can actually do to wipe your records completely clean, other than to seek to make sure that all involved parties understand a nolle prossed declaration; I cannot imagine the FBI completely removing that info. I think Interpol has access to records in the SID.

My wife called the DC Thai embassy anonymously to ask someone there about the situation. The guy said it should pose no problem; but, his superiors who grant the visa would have the final say--go figure! I will report back and let everyone knows how it goes. I can only imagine that this scenario will occur for others desiring to obtain an O-A visa from the East Coast of the US in the future.

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You seem to have gotten caught in the DC Embassy's new requirement that they will now only accept the criminal record check from your State or Federal Bureau of Investigation. In the past they only required a " local" check, which could have been from your city police department or sheriff's department. I really don't know where they came up with the "online criminal record without authorizer's signature is unacceptable". Fortunately NY, Chicago, or LA Consulates have not implemented this requirement

I can see no where in the MFA's guidance on this new policy. But like the notary requirement (which is listed in the MFA guidance) Embassy's and Consulates appear to implement what the want. Very similar to the policies of Immigration Offices in Thailand. ie. treated like fiefdoms

I personally don't think this policy will last because the FBI is not going to waste their limited manpower doing record checks for travel visas and eventually someone is going to bring this up to the MFA who will be forced to make everyone dance to the same music

At this point if it were me I would forget the O-A and just get an O or tourist visa and extend it here in Thailand. You may want to fight the error in the Virginia records for the future but that is a personal option and does not have to impact coming to Thailand in the immediate future

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Actually the O-A was originally the normal O visa with "A" meaning a one year extension for retirement has been approved and required submission to immigration in Thailand for approval prior to issue. As time passed MFA was allowed to issue without the formal approval. And it is quite common to call it a retirement visa.

The official name is long stay as I stated; but it is used for entry and extended stay and it is common to call it a retirement visa as that is to whom it is normally issued. What should not be called a retirement visa is the extension of current stay provided by immigration in Thailand.

You have contradicted yourself in your first sentence,

"A" meaning a one year extension for retirement has been approved and required submission to immigration in Thailand for approval prior to issue.

The only accurate statement in the above is that an application for an extension of stay has to be submitted to Thai immigration because they, and

only they, can approve and issue an extension of stay on the grounds of retirement so despite all your semantics there is still no such thing as a

retirement visa and saying that it is common to call an O-A visa such does not make it so and is nothing more than muddying the waters and grossly

misleading people unnecessarily.

I say again " THERE IS NO SUCH THING AS A RETIREMENT VISA "

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I say again " THERE IS NO SUCH THING AS A RETIREMENT VISA "

Give it a rest. It's hard enough to get folks to refrain from calling a one-year permission of stay a "retirement visa."

But, yeah, to be perfectly correct the O-A visa is: "A Visa issued by the MFA that enables its holder to enter Thailand for one year, at the discretion of the Immigration Police, as long as he's over 50 years of age, and has demonstrated financial resources 'cause he cannot work in Thailand." Put that in your Google translator -- and the Thai word for this is "retirement visa."

Jeez...

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Issanman, why not try the FBI -- if you've got the time. They may understand Latin, so their advertised response may be:

" If there is no criminal record, a report reflecting this fact is provided.." https://travel.state.gov/content/passports/en/abroad/legal-matters/criminal-record-check.html

Nothing to lose. Otherwise, be prepared to explain what that Latin is all about -- might as well try.

Or might the VA State police write a letter on their letterhead explaining the Latin phrase, and that you actually don't have a record? I bet they would.

Edited by JimGant
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Nowhere on a long stay O-A visa does it indicate or hint or even mention that it is a retirement visa

because no such thing exists period. The only existing way to remain in Thailand long term on the

grounds of retirement is to obtain an extension of permit to stay on the grounds of retirement no

exceptions and no such thing as a retirement visa of any kind...........................

It is possible to argue that a visa for those "over the age of 50 intending long stay in Thailand without working" is not technical a "retirement visa". However, the intended recipients are clearly retirees. It would be better if the term "retirement visa" was never used in these forums. However, with the special exception of the UK with its multiple entry Non O for those with a state retirement pension, the Non O-A visa is the only available option that could reasonably be called a "retirement visa".

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  • 1 month later...

I just wanted to report on my experience with the D.C. Embassy and obtaining the Long Stay O-A Visa in the US about 5-6 weeks ago.

I went armed with everything. My local bank was gracious--as a free-service to their long standing members, to notarize practically all of my documents--just in case. The hardest document to obtain and complete there, which is probably the easiest here in Thailand, was the medical certificate. Getting tested for STDs is free at almost any local health department; results took about 10-14 days. [btw . . . my criminal background check also took 14 days, not including the time to mail it in and receive it back. I would suggest allowing at least 3 weeks for this turn-around process.] The test for leprosy, however, was another matter. After a negative diagnosis (which would take 2-3 days), an additional 29 days would be required to confirm this result! I did not have that kind of time. So, I called up an ER doctor friend who knew me well and he said he would sign the document I printed off from the Thai consulate website and put his official rubber-stamp on everything (with his practice's DEA and NPI numbers on it).

I took everything to the D.C. Consulate. Everything went fine, until the jao naa tii lady came to the window and took over my case. After explaining the nolle prossed matter related to my criminal record, she seemed satisfied with that and went on to look at the rest of my documents. No problem with the medical certificate and verification of marriage and births. When she saw I was applying for a O-A visa she literally put me through the ringer! She saw I only had $25k+ in my bank account and said that I would never be able to live off that! I simply responded that this met the requirements they gave on their website. I went on to explain to her that I was merely going to explore the possibility for retiring in Thailand long-term this upcoming year and that in the future I would have some income (not from work in Thailand) from America from writing, should I decide to stay--all true.

She seemed very annoyed with me and proceeded to ask me about the schooling of my kids. I explained to her that my wife homeschools them. The lady was totally unsatisfied with that answer and became visibly upset and said she would not give my wife and girls the multiple entry, non-O visa. Then she saw my flight reservations and told me that I could not get my visa proceeded that quickly (the flight was 11 days later), even though I explained to her that another lady I talked to at the consulate on the phone told me everything could be processed in 5 days max (if not 2). She denied that anyone in the office would have told me that. [Another note . . . I often could not get anyone to answer the phone there for days in a row--on multiple matters, even when calling every 20-30 minutes! Anyone seeking specific info from this consulate had best start the process with a whole lot of margin on the calendar!]

The lady starting throwing additional documents I handed her out the window left and right (I was including 2 copies of the bank statement for my family for each kid, as I was determined not to be told that I had insufficient documentation, forcing me to come back at a later time (as warned by the same lady there who told me I could get everything done there in 5 days!). She even threw some of the original notarized docs, while keeping the mere copies! In the end she took everything and said she would do it; but I could not pick them up for 12 days--a day after my flight departed! I pointed that out to her and she said that if I did not want to apply for the visa, I could take everything back right then and there. blink.png After getting assurance that all of us would receive the 1-year multiple entry visas as requested, I thanked her and left, figuring I would just have to pay the fee to reschedule my flights for a few days later than the original departure date. She called us while we were eating lunch about 2 hours later and told me I could pick up all of my passports with the visas requested 2 days before the original flight! Wow! laugh.png

When I did go to pick them up, I had forgotten to take the actual copy of the receipt back to the window and merely had a photo copy of it on my phone. Of course, I got the same lady and she said I could not get the passports/visas without the original receipt--something to be noted by others in the future. Thankfully, I had it with me in the car.

So, from this experience I have decided that I will not go through the D.C. Consulate again for anything. I was absolutely pristine in terms of my attire and documentation and I barely got those visas! Despite some of the negative reviews from others on this forum, I have never had problems with the Thai Consulate in Chicago. I simply dropped the paper work off, paid the amount, and picked up my visa 2 days later--once with a 3-year visa! The Nolle Prossed verdict on my criminal record that showed the felony account I had been charged with turned out to be a non-issue. The attitude of the D.C. consulate workers did! In fact, a lady from Africa was applying for a visa just before me and was denied for some petty lack of a copy of a document; though, she has everything their website required. When I returned to take my kids use the bathroom there before we left, the African lady was called back and told that her visa would be granted. I am not sure if they are not just testing everyone to see how serious (or honest?) they are about going over there. Maybe? I don't know.

In the end I got my multiple entry long stay O-A visa and am settled back in the LOS. biggrin.png

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Oh, by the way . . . I only mention this, because I never read or heard about this taking place before for anyone getting an O-A visa from abroad and coming to Thailand. When I arrived at immigration at BKK airport, after taking my picture at the immigrations desk (like they do for everyone), another immigration official was called over to the counter from an office away from that entry area and he took my passport to some other place to do something else with all of the information in my passport. It took him about 10-12 minutes before he returned. I asked him if there was any problem, and he told me that they have to make a special note of everyone coming into the country with this type of visa. He handed me my passport and I left.

I am not sure what he did while he was gone with my passport; but, I suspect he went and photo copied every last page of my passport (i.e. all of my prior visa and entry/departure information). I cannot say for sure; but, the reason I suspect this is because I just purchased a used car in Chiang Mai last week, and a new requirement by the Thai DMV (at least, in Chiang Mai) for me to get the title transferred to my name is for the dealer to make and submit a copy of every page of my passport! The guy at the car dealership told me they have only been required to do this for the last 5 months or so.

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