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Answered7 years ago

Can my newborn daughter obtain a Non-Immigrant Visa O as my dependent in Thailand?

Arnie ************
asked Jul 7, 2019
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I am an American citizen living in Udon Thani, Thailand, on a Multiple Re-entry Extension of Stay, with a Retirement stamp in my passport.

I have a newborn daughter who is also a U.S. citizen (No Thai parent) that is currently in Thailand on a 30 day visa.

I would like to get a longer term Visa for her to stay with me.

Would she be eligible to get a Non-Immigrant Visa "O" -- As an Accompanying family member?
Answer summary
An American citizen living in Udon Thani seeks advice on obtaining a longer-term visa for her newborn daughter, who is currently on a 30-day visa. The conversation confirms that the daughter may be eligible for a Non-Immigrant Visa O as a dependent. Comments suggest that while children under 15 can overstay without fines, it's recommended to follow legal processes and eventually obtain a U.S. passport for the daughter. Visiting the immigration office for specific guidance is also advised.
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Tod *********
Tod *********
Good Luck (y)
Tod *********
Tod *********
Just let her overstay, there is NO fine for children under 15 and there is no banning for children under 18.

I would bet money IF you went to your local immigration office they would say let her overstay until she's old enough for school then get her an ED visa or a Non-O
Tod *********
Tod *********
@Arnie ***********
then I see a visit to the immigration office in your near future to see what your specific office recommends (and believe me they might recommend that you just let the child overstay).
Arnie ************
Arnie ************
OP
@Tod ********
Thank you, I understand your thoughts. But I like to handle things like immigration matters in foreign countries 100% legally.
Henry *********
Henry *********
Was she born in Thailand? If so, you don't need to do anything in a hurry. She is legally in Thailand if she was born here. However in time you will need to get her a US passport as she will need this to leave Thailand. When she leaves You just show her new US passport and Thai birth certificate at passport control and she leaves. Should you wish to bring her back to Thailand you should get her a visa. If she has an O visa you can add her to your Extension as your dependent.
Henry *********
Henry *********
@Arnie ***********
I believe so; maybe the experts can confirm. As Robert has said, young children are not fined or banned for overstaying so you could just leave it. If you intend to live permanently here, and your daughter will go to school here, you should get her the visa next time you are in the US (if you can't get it here) and then the Extension. If you're only here for a few years, I wouldn't bother.
Arnie ************
Arnie ************
OP
@Henry ********
She has a U.S. Passport, and entered Thailand on a 30-day tourist visa. Is it correct I can only get an O Visa outside of Thailand? If so, are there any financial requirements?
Robert *******
Robert *******
I would say yes, she can have the Non Immigrant O visa based on being your dependent. But also knowing that children till 15 years of age are not fined for overstay and till 18 years of age not banned for overstay, you could face some problems at Immigration to get a visa or Extensions of stay. Immigration just tell you, no fine, no problem.
Arnie ************
Arnie ************
OP
@Robert ******
Thank you.

Immigration in Udon told me I had to apply outside of Thailand (Ventiane).

1. Is this correct?

2. What are the requirements? Especially any financial requirements.
Paul **********
Paul **********
How old is she?
Arnie ************
Arnie ************
OP
@Paul *********
I am not comfortable in having her overstay in case the rules change in the future. It could work against us.
Paul **********
Paul **********
@Arnie ***********
I believe till 16 year old you don't need a extension. But I think other people will know that better.
Arnie ************
Arnie ************
OP

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