Seeking comments for long overstay

[eia310e]

I would like to get members advice/experience for long time overstay.

 

I have a friend who has about 3 years overstay.  There is no question he is at fault, but he wants to make things right and I offered to help as I could.

 

He is an American and  entered on a 60 day multiple entry visa.  He is an older gentleman with some medical conditions and is confined to a wheelchair.  He wants to get a driver and do land crossing up north.  He wants to come back with retirement visa and move to an assisted living facility and he has no plans to return to states.

 

Having read through many of the posts on this subject, I am worried he will not be allowed back in, or will need to stay out for long time.  The 20,000 Baht fine is understood.

 

I would appreciate any comments anyone may have.

 

thank you

[ubonjoe]

If his overstay is over 3 years he can be banned from entering the country for 5 years. One to 3 years is a 3 year ban. Under the new rules that started March of this year.

If he went to a border crossing they might not allow him to leave with that long of a overstay.

My suggestion would be for him to seek legal assistance to represent him at an immigration office. It might be possible for him to turn himself in, be detained for a short period of time and appear before a judge who would set his overstay fine (2 to 3k baht) and waive the banning. He would then be escorted to an airport to leave the country. But he could return to the country.

[darrendsd]

I totally agree with UbonJoe's advice, don't go to a land crossing, they probably would not let him clear his overstay there and he runs the risk of being arrested and detained, not a nice experience especially for someone in a wheelchair

 

Get legal representation, if he's lucky and I mean very lucky he may just escape a ban due to his health issues but he really shouldn't count on this happening

Edited October 25, 2016 by darrendsd

[elviajero]

Avoiding a land border crossing with a 3 year overstay is very good advice. Leaving that way would almost certainly result in a 3 to 5 year ban

 

I would strongly recommend that he doesn't step foot in an immigration office, with or without a lawyer, unless he first gains assurance from that lawyer, after they've discussed his case with immigration, that he won't be put through the deportation process. The courts function is to simply determine whether or not your friend overstayed, which he has, and to decide on the fine. The fine would be a lot less than 20K and probably closer to 5K, however, the decision on whether or not your friend is banned falls to immigration.

 

Your friend is facing a ban of at least 3 years (10 years if caught on overstay), and I don't think he has much chance of having that overturned on health grounds. However, if he can afford a lawyer (not cheap) they might be able to negotiate with immigration to avoid the ban.

[BritTim]

Adding my advice to avoid land borders and immigration offices at all costs, but with a difference.

 

Taking legal advice is fine, but I think, if a return to the US is strongly discounted, your friend should consider crossing his fingers and remaining illegal. I think his chances of being allowed to remain in Thailand are quite low if he turns himself in. If he is arrested, the chances are just about zero, but (assuming he has cash resources, and in view of his medical condition) he can probably leave promptly after an arrest.

 

Another option might be to live in Cambodia or Vietnam instead. Then, get a flight out of Bangkok, and leave accepting the blacklisting. Sometimes, things are so messed up that there are no good options.

[lostinisaan]

1 hour ago, BritTim said:

Adding my advice to avoid land borders and immigration offices at all costs, but with a difference.

 

Taking legal advice is fine, but I think, if a return to the US is strongly discounted, your friend should consider crossing his fingers and remaining illegal. I think his chances of being allowed to remain in Thailand are quite low if he turns himself in. If he is arrested, the chances are just about zero, but (assuming he has cash resources, and in view of his medical condition) he can probably leave promptly after an arrest.

 

Another option might be to live in Cambodia or Vietnam instead. Then, get a flight out of Bangkok, and leave accepting the blacklisting. Sometimes, things are so messed up that there are no good options.

 

 

 + 1 

Please tell him that he should never try to do a land crossing, as they’d certainly arrest him and deport him.

 

I agree with the poster who wrote that he should just stay where he is and keep a low profile. It doesn’t really matter now if he’s got 3, 5, or 10-year overstay now and the chances to clear that and come back are very slim. 

 

The times are over where you just pay your fine and come back to Thailand. Your friend should have done that earlier.

Of course, is it not allowed to give any illegal tips and just ignore the laws of Thailand, but I totally understand his friend and his situation.

 

But what would be if he’s just not mentally fit enough to realize what he’d done in the last years and that he isn’t aware of any wrongdoing, should he get caught?

 

If he’s lucky nobody will check on him and he can spend the rest of his days where he is right now. Regarding his medical conditions, it would be very painful for him to go through all these instances and finally land somewhere in the US without having any more family or friends.

 

 If he gets caught in three years it’s not changing anything, the same procedure will wait for him. 

 

The right psychologist, even an American one could be of great help.

Let's say that the doctor produces a certificate that your friend is mentally not fit enough to realize what he'd done wrong and that it would certainly kill him when he'd have to go to prison and back to the States?

 

Please google American psychologists in Thailand and try to find the best possible way for your friend. There's always a solution. 

 

 

  All the best for your friend and thanks for being such an honest guy, helping a friend. 

Edited October 25, 2016 by lostinisaan

[eia310e]

My sincere thanks and appreciation for your time and all these useful comments.  It makes things much more clear now and I will discuss with my friend.

[ubonjoe]

10 hours ago, elviajero said:

The courts function is to simply determine whether or not your friend overstayed, which he has, and to decide on the fine. The fine would be a lot less than 20K and probably closer to 5K, however, the decision on whether or not your friend is banned falls to immigration.

That is not correct. A judge has the authority to make the decision about the banning also. What makes you think an immigration officer has greater authority than a judge.

[4evermaat]

4 hours ago, eia310e said:

My sincere thanks and appreciation for your time and all these useful comments.  It makes things much more clear now and I will discuss with my friend.

 

Please do keep us informed on the outcome of this, especially if you do go to court what the judge rules, what was expected of your friend, etc.

[at15]

19 hours ago, eia310e said:

Having read through many of the posts on this subject, I am worried he will not be allowed back in, or will need to stay out for long time.  The 20,000 Baht fine is understood.

 

If he really wants to stay in thailand and die here, delete thread, hole up in his home and hope he never gets caught. No chance of sympathy for his medical issues.