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  1. #1
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    How can I fix my 11 year overstay??

    OK, it's a LONG story and I really don't need to hear lectures about how I should NOT have overstayed as I seriously had absolutely no choice! The US Embassy revoked my passport 11 + years ago and punched holes in it. They said my ex-wife (whose father is a mufti-millionaire) posted a child support complaint (of which we had no child support agreement) - and there was some new law that allows states to revoke passports of fathers who have fallen in arrears of their child support payments. I was neither notified of the child support case or the filing for the revocation of the passport and never given any chance to give my side of the story. The embassy then issued me a 3 month temporary visa and ordered me to buy a ticket and return to the USA. Not having a 'proper' passport nor allowance to leave the country for a Non-Immigrant B visa I was unable to work and had nowhere near the money to buy a ticket, never mind get re-settled in America. 11 years later when I finally collected sufficient funds to return to America, the embassy informed me that there was no longer Anything negative on my passport record and that I could be issued a new 10 year passport with no restrictions whatsoever! And they did just that on March 19th and mailed it to the embassy hear in Bangkok and handed it over to me, surprise, surprise! So, I've tried buying an airplane ticket to Cambodia and paying the 20,000 baht overstay fine, but they would not take it at Suvarnabhumi Airport and simply escorted me back to the ticket counter to bounce me off the flight and then instructed me to go to Immigration at Chaeng Wattana to get the visa stamp changed to my new passport. I would do so, but not only did the US Embassy official agree with me that going to Immigration would likely be problematic, but so has Every Visa Expert and Lawyer I've spoken to!! In fact "Don't go to the Immigration Dept" is pretty much the first words I hear out of everybody's mouth that I speak to!! So, does anybody know anyone who can help me fix this problem?? Any advice (other than - negative criticism) would be Greatly Appreciated!! Thanks in advance for any help that anyone can come up with!
    Cheers, Branddez

  2. #2
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  3. #3
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    sorry i cant help mate, but someone will be along shortly i'm sure.

    best of luck!

  4. #4
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    Go to immigration with both passports, a ticket and 20'000 baht.
    If you have the money they don't care.

  5. #5
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    Problem is without a stamp entering the country and without the Departure card immigration at the airport won't touch him. It's not the overstay they don't like it's the fact that he has nothing in his passport for them to assess against.

    Whilst my first advice would also be "Don't Go to immigration" I don't see what options you have, you need to get something in that passport to allow you to leave.

    A friend of mine also fell foul of that US law, cost him his job when the Embassy here revoked his passport, he was living here, working in China.

  6. #6
    Thailand Expat Pragmatic's Avatar
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    How does someone leave that's lost his passport and had it replaced without any stamp in it?

  7. #7
    Thailand Expat Bobcock's Avatar
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    They go to immigration at Chaeg wattana and get a stamp put in the new one, the same as anyone who gets a new passport.

    The problem here is the fact that there is 11 years between the 'loss' of passport and the need for a new stamp.

  8. #8
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    Well - that was kind of my plan, but 'A Lot' of people are telling me that they will put me in detention for a day or two (depending on the Immigration worker's whim) and then I will have to wait for a court date (maybe not if I have a ticket??) and that they could try to levy additional fines or perhaps even jail time?? I don't know - I've got a ticket (but with only 2 more days to change or lose the $$ on it) and I don't know if these ppl are just telling me this just to 'F_ck' with me or cuz they want me to pay them money for helping me (I've been asked for 30,000 baht in advance and I was not even allowed to go with him and wait in his car?? 'Too fishy for me'!!) - So, what kind of direct experience do you have in such matters (I don't mean to question your 'wisdom' - just trying to make sure - I don't take the wrong advice from the wrong person, you know just to play it safe??) - Thanks for your quick response - I really do truly appreciate it!! I've a couple more questions about the time I can take to do this and about being 'blacklisted' or not - if you have the time to answer those?? Again - Many Thx!!

    Cheers, Branddez

  9. #9
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    Yep - that's actually where I started off and I like his end result (although I don't like the idea of coughing up that extra 30K if I don't absolutely have to) - problem is that was a 2 year old post and there wasn't any information given about the guy he used. So I did post about requesting the person's name and number who helped him. Just waiting/ hoping that I get a reply since it is nearly 2 years old. Thanks for your guidance though - any help is truly appreciated.

    Cheers, Branddez

  10. #10
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    Quote Originally Posted by branddez View Post
    Well - that was kind of my plan, but 'A Lot' of people are telling me that they will put me in detention for a day or two (depending on the Immigration worker's whim) and then I will have to wait for a court date (maybe not if I have a ticket??) and that they could try to levy additional fines or perhaps even jail time?? I don't know - I've got a ticket (but with only 2 more days to change or lose the $$ on it) and I don't know if these ppl are just telling me this just to 'F_ck' with me or cuz they want me to pay them money for helping me (I've been asked for 30,000 baht in advance and I was not even allowed to go with him and wait in his car?? 'Too fishy for me'!!) - So, what kind of direct experience do you have in such matters (I don't mean to question your 'wisdom' - just trying to make sure - I don't take the wrong advice from the wrong person, you know just to play it safe??) - Thanks for your quick response - I really do truly appreciate it!! I've a couple more questions about the time I can take to do this and about being 'blacklisted' or not - if you have the time to answer those?? Again - Many Thx!!

    Cheers, Branddez

    There are no additional fines or penalties. It's 20k. Anyone offering to "fix" this for you is just a conman.
    IF they wanted to arrest you they would have done it at the airport.

  11. #11
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    Have you tried a small land crossing?

    They are hungry for 20k - might get a stamp easier.

  12. #12
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    Quote Originally Posted by Pragmatic View Post
    How does someone leave that's lost his passport and had it replaced without any stamp in it?
    I'm sorry you must have misunderstood. I did not 'lose' my passport. It was revoked - I'm holding it in my hand as we speak. In all, there are two old passports (the originally revoked one and the 3 month temporary one that I had to cry like bloody hell to get when they revoked my original one) - I have both of them and my new one and I do have the last entry exit stamps in my temporary passport. Don't know if this at all matters but I can also get a 'sworn affidavit' from the US Embassy explaining the exact details of what happened and how i was basically 'forced' to stay in this country without any possibility of working.

    I do appreciate your input - any advice or guidance is extremely gratefully appreciated, sincerely!!

    Cheers, Branddez

  13. #13
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    Quote Originally Posted by Necron99
    IF they wanted to arrest you they would have done it at the airport.
    Agreed. If they wanted to lock you up they'd have done it by now.

  14. #14
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    Quote Originally Posted by branddez View Post
    Quote Originally Posted by Pragmatic View Post
    How does someone leave that's lost his passport and had it replaced without any stamp in it?
    I'm sorry you must have misunderstood. I did not 'lose' my passport. It was revoked - I'm holding it in my hand as we speak. In all, there are two old passports (the originally revoked one and the 3 month temporary one that I had to cry like bloody hell to get when they revoked my original one) - I have both of them and my new one and I do have the last entry exit stamps in my temporary passport. Don't know if this at all matters but I can also get a 'sworn affidavit' from the US Embassy explaining the exact details of what happened and how i was basically 'forced' to stay in this country without any possibility of working.

    I do appreciate your input - any advice or guidance is extremely gratefully appreciated, sincerely!!

    Cheers, Branddez
    I was just asking other posters as to what the normal procedure was for someone who'd lost their passport and how do they go about leaving the country.

  15. #15
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    Quote Originally Posted by Albert Shagnastier View Post
    Have you tried a small land crossing?

    They are hungry for 20k - might get a stamp easier.
    No - I haven't done so yet - actually I was at this point planning on waiting until the end of the May, so I can acquire some additional funds and then, paying for a 'new flight' at Don Muang which is actually far cheaper than changing the current ticket that I'm holding. Does trying it once again either via Don Muang or land border (Or back at Suvarnabhumi) make sense to anyone? Or would that just be another waste of my time and money??

  16. #16
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    Quote Originally Posted by Pragmatic View Post
    Quote Originally Posted by Necron99
    IF they wanted to arrest you they would have done it at the airport.
    Agreed. If they wanted to lock you up they'd have done it by now.

    Yes - I kind of thought the same. They were actually quite nice to me at the airport, just didn't know what to expect at Immigration. Sorry about the misunderstanding - I thought you were referring to my passport. So, there's now way they would issue me a jail sentence for this?? Just wondering?? I pretty much agree on the ppl trying to 'con' me - as I tested this one Indian guy out and he doesn't list his phone # on his website, didn't answer his phone on 2 occasions when I called him, has an office in a very 'unimpressive' address - Bangna-Trad Hwy, and insisted I pay him all 30K in advance in cash!!! I said I'd pursue other avenues and thanked him very kindly for his time!!

    What does anyone think about me going to Don Muang and slipping 10,000 bht in my old passport with the stamp when I hand the pair to them when asking to also pay the 20K overstay fine??

    Cheers, Branddez

  17. #17
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    Land crossing is best I think, depending on where you are staying. I have sent you a PM and an email. Send me your mobile number and we can talk :-)

  18. #18
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    Quote Originally Posted by branddez View Post

    What does anyone think about me going to Don Muang and slipping 10,000 bht in my old passport with the stamp when I hand the pair to them when asking to also pay the 20K overstay fine??

    Cheers, Branddez

    I think you will get arrested.

    Don't make a meal out of this, people overstay all the time, people get stamps moved all the time. The only people who get banged up are overstayers who break a law and are caught. Not people fronting up to the office with 20k and a departure date.
    As you saw at the airport in not getting arrested, they simply don;t care as long as you can pay the fine. They don't care how long, or for what reason.

  19. #19
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    Quote Originally Posted by Bobcock View Post
    Problem is without a stamp entering the country and without the Departure card immigration at the airport won't touch him. It's not the overstay they don't like it's the fact that he has nothing in his passport for them to assess against.

    Whilst my first advice would also be "Don't Go to immigration" I don't see what options you have, you need to get something in that passport to allow you to leave.

    A friend of mine also fell foul of that US law, cost him his job when the Embassy here revoked his passport, he was living here, working in China.
    Bobcock, Hope I'm not bothering you but after perusing the join dates and number of posts of each respondent you appear to be the one with the best credentials?? Anyway, I'm not sure they minded me not having a Departure card (they did ask for one) - but in contradiction to what you appear to have said - the things they most disliked were, in fact, the 'Length' of the overstay and the fact that I had this 'stupid' letter from the embassy that was 'addressed' to the Chaeng Wattana Immigration office (which I raised objection to at the embassy and then was advised by a supervisor to just bring my new and expired passports to the airport and simply pay the 20K fee right there - ensuring me it would be no problem)

    So, basically - it was the overstay they did not like. In addition they kept pointing to the fact that I was supposed to go to Chaeng Wattana as per the instructions in the letter. And, I did have something in my 'expired' passport for them to refer to, but as I kept pointing to that they kept responding that their records don't go that far back, so they couldn't check on that Visa entry stamp. I've done some research and have found that is also true for the Immigration office at Chaeng Wattana, there is basically no way for them to verify that this was the last entry stamp used. Albeit - I rather think that it doesn't matter as in I'm SOOOOooo Far Damn Overstayed - what could they possibly find outside of a criminal record (which there is none) that would make it anything but a 'Maximum' Overstay?? I kept trying to explain that to the airport (As I did some research about the need to tranfer the old 2003 entry stamp to a new passport from an expired one and there is 'technically no need to do so - as was explained in the post I read, the passport may be expired but the visa is indeed still intact and usable).

    I was just wondering what your input was on me trying to stick 10,000 baht into my passport and trying it again at Don Muang or a Land crossing (Say - Koh Kong). That or do you think there's anyway they could stick it to me any more than holding me for a day or two and charging me the 20K and booting me out of the country?? Also do you (Or anyone else reading this) know - what would my 'time parameters be on preparing to depart - would I be taken straight to the airport or be given 2-3 days to gather my belongings?? Also, would it matter if I go straight in there like 2morrow or waited until the end of May?? Just trying to sort out the least painful solution (As long as 'execution' and/ or a lengthy jail term are out of the question and/ or taking away all my $$$ and belongings) - I think I can deal with pretty much anything else they would throw at me.

    Cheers, Branddez

  20. #20
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    Quote Originally Posted by jons557 View Post
    Land crossing is best I think, depending on where you are staying. I have sent you a PM and an email. Send me your mobile number and we can talk :-)
    They won't allow me to send a PM until I 20 posts and the e-mail you sent me wouldn't work. So, I will try to send the e-mail again via my g-mail account and/or could you please provide me with your phone # by PM as I really wouldn't want to post it on an open forum?? In lack of both happening properly - I will try to send you mine once I get up to 20 posts.

    Cheers, Branddez

  21. #21
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    Quote Originally Posted by Necron99 View Post
    Quote Originally Posted by branddez View Post

    What does anyone think about me going to Don Muang and slipping 10,000 bht in my old passport with the stamp when I hand the pair to them when asking to also pay the 20K overstay fine??

    Cheers, Branddez

    I think you will get arrested.

    Don't make a meal out of this, people overstay all the time, people get stamps moved all the time. The only people who get banged up are overstayers who break a law and are caught. Not people fronting up to the office with 20k and a departure date.
    As you saw at the airport in not getting arrested, they simply don;t care as long as you can pay the fine. They don't care how long, or for what reason.
    Okkkk, I see your point. I don't really need to get all worked up about it, just wondering how long they will give me and if it matters whether I go say this week or at the end of May. Also, do you think the affidavit letter from the embassy would come in useful or would that just be superfluous (not to mention they are charging me $50 US to do it)?? I appreciate your advice and I see that you have over 8,000 posts so - I would think you have vastly more experience than I or any of my friends on the topic. (Just one more thing - I did speak to the 'head' of this division of the embassy and he said pretty much the same thing as you - it happens All The Time - just go to the embassy it's not that big of a deal, however - when I asked him what would happen when I went there - he said he had 'no idea' and that it was up to the whim of the Immigration officer to which I was assigned??) - So, sorry to bother you - just trying to get my final game plan together (Oh, and btw - will I or won't I be blacklisted)???

    Cheers, Branddez

  22. #22
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    ^ Dress nice and be polite.

    No, you wont get blacklisted. You can turn around and come straight back in.

  23. #23
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    LOL!! - TIT - I guess, not sure if I even want to come back - sooooo bored with Thai women and OMG the prices of Everything in Bkk are Soooo Damn expensive now !!! Can't even afford to stay here!!

  24. #24
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    Quote Originally Posted by Necron99
    Dress nice and be polite.
    Best advise you will receive .

    Follow with extremely LARGE slices of humble pie

  25. #25
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    I have never been in this situation myself, but I have a couple of thoughts:
    • I wouldn't think the missing departure card itself is an issue - I have seen them handing cards on BKK to tourists who lost theirs.
    • my feeling is that the letter from your embassy is just over the top. BKK customs might not even understand what it says, but since it is not addressed to them, they might have decided that the least risky for them is to send you back to Chaeng Wattana.


    Without criminal records, at BKK immigration they basically do not care how long you overstayed, just pay up and they will let you go.

    Since you have an old passport showing a formal entry stamp, and a new passoprt that is valid, if I were you I would show up at the airport nicely dressed and shaven, with the 20,000 baht and the two passports. And well on time, since the procedures might take some time and you don't want to miss your flight.
    I would not say anything if they didnt ask about it, and if they asked about the reasons for the US to revoke your passport I would tell them there was a small issue with your ex-wife that since then has been cleared. If the immigration officer is a man. If the officer is a female, that explanation doesn't go well, so you might change it into tax issues.

    Play cool. Do not be nervous. Imagine they are all naked - that will keep you focused on something else than your nerves.
    - - - We Need A Revolution - - -
    You have no chance, so grab it.

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