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Integrity Legal

Posts Tagged ‘O visa’

28th April 2023

With the end of the Emergency Decree in Thailand and the resumption of standard Thai Immigration protocols there have been a number of situations arising wherein foreign nationals are having an increasingly difficult time extending their Thai visa status. Those eligible opt to utilize the Thai O marriage visa as a method of maintaining status. One of the downsides of this type of Thai visa is the heightened scrutiny associated with this category as Thai Immigration officers are keen to expose “sham marriages” whenever and wherever possible.

Another issue, is the increasing difficulty associated with marriage registration in Thailand. It seems that post-COVID the process of registering a marriage between a foreign national and a Thai, or two foreign nationals for that matter, has become increasingly cumbersome. Furthermore, the overall time frame associated with processing registration of such marriages has increased rather dramatically. This is causing frustration for many foreigners seeking to marry a Thai and this is compounded by the complex nature of Thai O visa issuance associated therewith.

Meanwhile, these developments have ramifications for American Immigration as well. AS discussed many times on this blog, the process of obtaining an American tourist visa for a Thai national is nearly impossible due to the provisions of section 214(b) of the Immigration and Nationality Act. Application of this statute requires that consular officers be convinced that the applicant has demonstrated “strong ties” to Thailand, or another country which is not the USA, and “weak ties” to the USA. For many, this is not possible, especially in light of the doctrine of “Consular Absolutism” or “Consular Non-Reviewability“. An upshot to this is that many Americans opt to seek either a fiancee or marriage visa to the USA. In the past, the K-1 visa (the categorical designation for a fiance visa) was the fastest option to bring a Thai fiance to the USA. Since the end of the governmentally implemented lockdowns within the American immigration apparatus the fiance visa’s processing time has slowed substantially. This has lead many to seek lawful status via either the CR-1 visa or the IR-1 visa. It should be noted that while the K-3 visa remains a theoretical option for those seeking a visa for a spouse, as a practical matter this visa is not being issued with regularity. However, the issue with the CR-1 nd IR-1 categories is the fact that a couple must be married in order to be eligible for the benefit and with Thai marriage processing becoming more cumbersome, this method is not presently the most optimal. There may be options with regard to so-called “proxy marriage” in the USA, but this method presents its own set of problems as jurisdictional issues, timing, and consummation can prove nettlesome. It remains to be seen whether or not this situation becomes more tenable as the months progress. We will keep you updated on this blog as the situation evolves.

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28th August 2022

As the Immigration system in the Thailand increasingly normalizes two major events are near on the horizon with respect to Thai Immigration policy. The most pressing development is the introduction of the Thai Long Term Residence Visa (which is NOT actually a visa which confers permanent residence in Thailand). To quote directly from a recent article in the Bangkok Post:

Since the lifting of the strict lockdown in the first quarter of 2022, and the decrease in the number of Covid-19 cases, the Thai economy has shown signs of recovery. However, Thailand still faces a battle in bringing its economy back up to pre-pandemic levels in order to compete with its Asean neighbours, not to mention the world. Therefore, in June this year, the Royal Gazette formally announced the introduction of an initiative between the Ministry of Interior (MOI), the Ministry of Labour (MOL), and the Board of Investment (BOI) in the form of a Long-Term Resident (LTR) visa that is designed to attract a new wave of foreign direct investment (FDI) and knowledge transfer experts….Furthermore, while some of the related official regulations were enforceable in the middle of this year, others will be gradually implemented from the end of August 2022 to early September 2022 as the BOI plans to start accepting applications from Sept 1, 2022, onwards. However, there has been no announcement regarding the actual starting date or official online system to support the applications.

Although these visas seems unlikely to be utilized broadly, it does appear to be government policy to attract “High Net Worth” individuals to Thailand. Meanwhile, changes are also set to take effect with regard to the O-A retirement visa, to quote directly from the Pattaya Mail:

Special rules apply to those retirees with an O/A annual retirement visa issued by Thai embassies abroad. They need comprehensive, not Covid only, medical insurance worth US$100,000 to obtain the visa in the first place. They will also need it on applying for an annual extension of stay at immigration offices, although the amount is much smaller – around US$13,000 or 400,000 baht for hospitalization – until October 2022. Thai Cabinet news releases last year stated that the renewal insurance minimum would rise to US$100,000 on that date.

September and October appear to be months where major changes to Thai immigration policy will transpire. It is notable that this is all occurring while major changes are taking place with regarding to Thai visa exemption stamps and visas on arrival are poised to provide double the status to those eligible upon entry to Thailand. It will be interesting to see exactly how these developments play out from a practical perspective.

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26th February 2022

In what can only be described as good news for the tourism industry in Thailand, it appears the re-introduced “Test and Go” scheme is about to be less cumbersome. To quote directly from a recent article in the Bangkok Post:

The government will further relax entry rules for foreign visitors starting next month, bowing to demand from the local tourism industry to lower costs as more countries ease border controls to lure holidaymakers. Vaccinated arrivals to Thailand will not be required to undergo a mandatory polymerase chain reaction test on the fifth day of the arrival starting March 1. Instead, they can do a self-antigen test, scrapping the requirement to have a confirmed hotel reservation for the test. The Centre for Covid-19 Situation Administration (CCSA), the main virus task force chaired by Prime Minister Prayut Chan-o-cha, also lowered the minimum medical insurance coverage for visitors to no less than $20,000 from $50,000.

The 5 day test requirement proved to be a major sticking point for many prospective travelers especially as it created a rather expensive accommodation requirement. It is also noteworthy that insurance requirements have been eased as well. Insurance requirements have proven to be a point of concerns for many would-be tourists to Thailand. It is also a concern for many retirees in Thailand. This is especially the case as new regulations are set to come online in October which would require those with an O-A retirement visa to obtain 100,000 USD coverage for health insurance. For those unable to obtain such coverage, it may be possible to utilize new rules allowing for “self-insurance“. That stated, the requirements would mean a substantially higher burden on some prospective retired expats. It is worth nothing that these requirements do not appear to apply to those holding an O retirement visa, but only the O-A subcategory.

The Thailand Elite Visa will now have the option for issuance of a Thai work permit, but with a price tag of 32 million Baht, and the fact that the Elite visa does not confer Thai permanent residence, it seems unlikely that a large number for foreign nationals will avail themselves of the privilege.

Meanwhile, in an American immigration context, backlog appears to be the greatest overall concern. Quoting directly from a recent article from the Guardian:

America’s immigration courts are struggling to function at the most basic level, with courts that are already woefully understaffed and judges often undertrained now overwhelmed by a growing backlog of more than 1.6m cases, industry leaders have warned. The system is so damaged that judges, scholars and attorneys all share concerns about whether immigrants due in court will even receive notice before their hearings so they know to show up and aren’t ordered deported in absentia – an urgent concern made worse by volatile immigration policies at the US-Mexico border.

Many similar issues are occurring in the Department of Homeland Security’s U.S. Citizenship and Immigration Service (USCIS) as backlogs and slow processing plague cases of those seeking a K-1 fiance visa or marriage visas such as the K-3 visa or the immigrant spouse visa categories such as the CR-1 or IR-1 visa. There is legitimate concern that these backlog issues are straining the underlying relationships in these cases to the point where they are sometimes destroyed. Hopefully these issues will be rectified in the foreseeable future.

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22nd November 2021

As Thailand’s recent reopening continues unabated the Thailand Pass appears to pose issues for some wishing to travel to Thailand. The following was quoted from the official website of the Bangkok Post:

Some hotels are deceiving visitors from overseas, taking room reservations but omitting transport from the airport and Covid-testing, which means they must buy a new package on arrival or be rejected. Apisamai Srirangson, a spokeswoman for the Centre for Covid-19 Situation Administration, said on Monday that some hotels misled visitors and booked them only for the room. The charge did not include a limousine service from the airport to the hotel or the RT-PCR Covid-19 test on arrival, even though both were required as conditions of entry on a Thailand Pass…Thailand Pass replaced the certificate of entry (CoE) on Nov 1 when the kingdom reopened to visitors. It requires visitors to have been fully vaccinated, have a clean RT-PCR test within 72 hours before boarding their flight and have US$50,000 health insurance.

Clearly, not all of the “bugs” have been worked out of the system as some of these issues may have been due to the vast number of technical issues associated with the increased logistics associated with traveling to Thailand under current conditions.

Meanwhile, there are rumors circulating that Thailand may soon see a reopening of the nightlife venues as the country moves forward. Prior announcements have stated that Thailand’s nightlife sector (bars, pubs, and entertainment zones) will not reopen until mid-January at the earliest, but there is now talk among some government officials that things may reopen sooner than that. However, an official announcement remains to be seen.

Recent policy changes with respect to retirement visas (and indirectly, reentry permits) may be the cause of consternation among the expat retiree community. Insurance requirements for all Thai visas except business visa holders has been a major topic of discussion recently. Meanwhile, it appears on more than one Thai consulate website that the minimum financial requirements for Thai retirement visas is increasing. For example, on the Thai Consulate in Los Angeles‘s website it now appears that 1.2 million baht will be the requirement in a bank account to obtain a Thai O-A retirement visa. In the past, the requirement has long been 800,000 THB. Concurrently, the same website is stating 100,000 THB in pension income would also prove sufficient, where once 65,000 THB was considered adequate. After further review, the Thai Consulate in Sydney‘s website showed similar information. What precisely this means for those looking to undertake the Thai retirement visa process remains to be seen.

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10th August 2021

As the current economic situation in Thailand continues down a precarious path due to lockdowns. There are many who fear tourism may not return to Thailand in high numbers any time in the near future. In fact, quarantine rules do not look like they are going away and the Phuket sandbox has proven to be less of a draw than initially anticipated. There are some who have speculated that Thailand may have come to overly rely upon tourism as an integral component of the overall economy. Whether or not this is true is difficult to ascertain, but it should be noted that anyone predicting the events of 2020 and 2021 in, say, the year 2018 would have been called worse names than crazy so the notion that Thailand came to overly depend upon tourism is only an argument that operates logically in hindsight.

Although the Phuket sandbox has been discussed a great deal as of late, there is also a similar program which has been initiated in Samui and those wishing to avail themselves of this tourism opportunity may do so by traveling through Bangkok in “sealed terminals” in order to undergo “sandbox quarantine” for 14 days on that island. Presently, travel restrictions in Thailand have precluded wide travel latitude for those wishing to leave the Phuket sandbox, but this does not appear to currently be an issue in the Samui system. Those wishing to travel to Bangkok from abroad may do so, but they are still required to undergo quarantine in a Bangkok hotel via the Alternative State Quarantine system.

Business travelers to Thailand are not precluded from using either the Samui or Phuket sandboxes so those with a Thai business visa and/or Thai work permit may return to Thailand without undue hardship. It is worth pointing out that Thailand is one of the few jurisdictions in Southeast Asia which is trying to maintain tourist travel as well as admitting non-immigrant visa holders such as the aforementioned B visa holders as well as those holding an O visa for marriage to a Thai or for retirement. Thai Embassies and Consulates are still issuing O-A retirement visas to those retirees abroad. Thailand remains one of the few countries in Southeast Asia actively issuing visas to foreign retirees.

Those seeking visas to the USA may continue to do so under present circumstances although appointment scheduling has proven somewhat cumbersome in recent months as the American Embassy in Bangkok appears to be either understaffed or unable to process a large caseload due to restrictions associated with the response to COVID-19. However, appointments are available, albeit it in a relatively limited number.

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15th June 2021

It recently came to this blogger attention that anyone holding a non-immigrant visa (NIV) in Thailand may soon be required to obtain insurance coverage of 100,000 USD against COVID-19. The following was recently reported in the Bangkok Post:

All foreigners living in Thailand as non-immigrants will in the future have to prove they have insurance coverage of at least US$100,000 (three million baht) against Covid-19. The proposal was approved in principle by the cabinet yesterday and Traisuree Taisaranakul, deputy spokeswoman for the government, said it would apply to all holders of the one-year, non-immigrant visa (NIV). NIVs are awarded in four categories: marriage, work, business and retirement…Ms Traisuree said that since the cabinet had approved the new rule in principle the next step would be for the Immigration Bureau to publish full details and make it official. The Foreign Affairs Ministry will also work to improve the NIV application procedure while the Public Health Ministry and the Interior Ministry will be in charge of modifying related regulations and telling the public about them…

It is noteworthy that Thai business visas, marriage visas, and visas associated with work permits in Thailand were specifically mentioned. Meanwhile, The Nation reports the recent rule changes may provide some relief for retirees in Thailand:

The new rules offer a lifeline for expats over the age of 70 who cannot purchase insurance in Thailand and thus face having their applications for extension of stay rejected…If an insurer refuses coverage due to health risks, visa applicants must submit additional documents including the letter of refusal, plus securities, deposits and other health insurance accounting for at least 3 million baht.

Since the inception of the Emergency Decree in response to the COVID-19 situation in March 2020 there have been a number of changes to rules regarding entry to the Kingdom of Thailand. However, such changes had not yet impacted the immigration rules associated with remaining in Thailand on a Thai visa extension. Clearly, the rules are currently undergoing revision. However, it is worth noting that the specific regulations have yet to be promulgated as the cabinet appears to have only approved these measures in principle as of the time of this writing. Therefore, those to whom this announcement may pertain are well advised to wait until the specific regulations are promulgated before making irrevocable arrangements regarding their visa status. The aforementioned policy change does not appear to pertain to those holding permanent residence in the Kingdom of Thailand. We will keep this blog updated as the situation evolves.

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10th April 2016

In previous postings on this blog the recent policies of the Royal Thai Immigration Police regarding visa overstayers in Thailand have been noted. In follow up to those articles, it should be noted that Thai immigration officials have recorded a sharp decline in the number of people physically present in Thailand beyond the expiration date of their visa. In a recent Bangkok Post article, the drop in overstay was noted:

The more than 39% decline, from 810,522 in October last year to 486,947 in March, shows “our new measure is effective”, Immigration Bureau chief Nathathorn Prousoontorn said on Friday.

While immigration officers chalk up a victory in the campaign to thwart overstaying foreigners it appears that a new issue has come to the forefront. In another article in a more recent edition of the Bangkok Post suspicious trends in Thai Marriage registration numbers were reported:

Bureau chief Nathathorn Prousoontorn said several foreign nationals are believed to have resorted to sham marriages as a loophole to stay in the country…The [Royal Thai Immigration Police] received a tip-off from the Public Anti-Corruption Commission (PACC) that at least 150 Thai women in one district of a northeastern province had married foreigners in the past few months.

Clearly, the recent spike in marriages and the recent change in immigration overstay policy cannot be assumed to be coincidental. However, the upshot of these developments is the very strong probability that all upcoming Thai marriage visa applications (otherwise referred to as O visa applications) will be more heavily scrutinized when compared to similar applications lodged in the past. This blogger can personally attest to the fact that since policy changes at Thai immigration in late 2015 the process of obtaining or renewing a Thai business visa has been a more intensive endeavor as Immigration officials scrutinize all business visa applications and supporting documentation extremely thoroughly. Therefore, this recent news regarding marriage scrutiny could easily lead one to infer that future marriage visa extension applications and renewal applications could require more documentation and the backlog for issuing such documents could become exacerbated as a result of the increased scrutiny and documentation requirements.

As a general rule, this blogger has advised those interested in remaining in Thailand to understand that the process of obtaining a long term Thai visa and/or a Thai work permit is becoming increasingly complex. As a result of this increased complexity, the notion that the Thai immigration process is something that is quick and easy is simply a fallacy. Thai immigration matters are arguably as complicated and time consuming as immigration issues arising in countries such as the USA or the UK. Those undertaking Thai immigration matters for the first time are strongly encouraged to retain the assistance of a competent professional.

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30th June 2013

It has come to this blogger’s attention that Thai authorities may one day require that tourists traveling to the Kingdom of Thailand purchase health insurance prior to being granted entry, to quote directly from the website UPI.com:

Lawmakers in Thailand say they want all foreign tourists to be required to purchase travel and health insurance before arriving in their country. Thailand’s Public Health Ministry Wednesday proposed the measure…The health ministry has suggested the cost of health insurance coverage might be included in visa fees, Public Health Minister Pradit Sinthawanarong said at the meeting. Those visiting Thailand without visas would be required to buy insurance at immigration checkpoints or the fees could be added to the cost of airline tickets.

To learn more about this issue readers are encouraged to click HERE to view this story in detail.

Although this policy is still in the discussion stage, if Immigration officials in Thailand eventually do decide to require foreign tourists to obtain health insurance then surely this would increase the costs associated with being granted entry to the Kingdom. Currently, those wishing to enter the Kingdom of Thailand for tourism purposes are required to obtain a Thai tourist visa. A single entry Thai tourist visa grants the bearer lawful presence in Thailand for 60 days, with an optional 30 day extension. It should be noted that foreign nationals from many countries can currently enter Thailand on a Thai visa exemption which is granted at an immigration checkpoint at the foreign national’s port of entry. In most cases a Thai visa exemption stamp in a foreign national’s passport will grant the bearer 30 days of lawful prensence in the Kingdom of Thailand.

Those wishing to travel to Thailand for the purpose of conducting business are required to obtain a Thai business visa which is categorized as a non-immigrant “B” visa by immigration authorities in Thailand. Once present in Thailand if the foreign national holding a business visa wishes to work then a Thai work permit must be first obtained before undertaking any type of labor in Thailand. Those traveling to Thailand to reunite with family may obtain a Thai “O” visa. This type of visa may allow the bearer to apply for a work permit depending upon the bearer’s circumstances. Foreign nationals wishing to retire in Thailand may obtain a Thai retirement visa which will permit the retiree to remain in the Kingdom for one-year intervals. However, those holding a retirement visa cannot apply for a work permit. Also, retirement visa seekers must be over the age of 50 and meet certain financial requirements. Some foreign nationals opt to travel to Thailand in order to receive schooling, in such cases it may be possible to obtain a Thai education visa (officially classified as an “ED” visa). It should be noted that in virtually all cases an ED visa holder cannot obtain a work permit.

For related information please see: Thailand Visa.

 

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26th June 2010

In a recent posting on the Chiang Mai Mail website, issues surrounding foreigners’ rights in Thailand were discussed. The issues came up in the context of a recent road show conducted by the Thai Ministry of the Interior. Foreigners residing in Thailand sometimes find it difficult to fully exercise their rights as the rules themselves can be somewhat vague. For example, the issue of alien registration on a Thai Tabien Baan can be confusing as few foreign nationals are fully aware of their right’s regarding registration. To quote the Chiang Mai Mail’s report about the recent Interior Ministry Roadshow:

Holders of Permanent residency can get a blue book (Tor Ror 14) and holders of temporary visas can get on the yellow book (Tor Ror 13) before they can apply for naturalization. The Provincial Administration reiterated an important point, that foreigners have the right to be listed on the census registration, “It is not well known even among officials. We have contacted registration officials that you have this right and you should insist on it.”

For many, registration on a Yellow Tabien Baan is beneficial because many Thai government offices view a Tabien Baan as definitive proof of lawful presence in Thailand and use the information in the Tabien Baan accordingly. Another issue that came up at the aforementioned roadshow was the issue of naturalization of those seeking Thai Citizenship. In the past, the language requirements for naturalization were rather stringent. During the recent roadshow the spokesperson for the Interior Ministry commented upon the revised linguistic requirements for naturalization to Thai Citizenship:

The requirements for naturalization were laid out, including the income requirements for both those married to Thais and those not married to Thais. The linguistics requirement has been reduced but the applicant must be able to sing the National and Royal anthems. Speaking and listening is mandatory but reading and writing is no longer required.

Finally, of particular interest to many foreign nationals in Thailand is that of the 90 day “check in” for foreigners present in the Kingdom on a “temporary” visa such as a Thai business visa or a Thai O visa. Regarding the Ministry of Interior’s stance on the issue, the Chiang Mai Mail was quoted as saying:

The next issue under discussion was Immigration and the right of habitation. Immigration officials discussed the various visas and how to obtain them as well as how to obtain Permanent Residency. The main issue of contention brought up by multiple Consul Generals, including Japanese Consul General Junko Yakata, was that of the 90 day reporting required of all foreigners on long stay visa extensions. Consul General Yakata told the officials that there are 3,000 Japanese nationals living in Northern Thailand. She requested a simplification of the process, perhaps by extending the length of time needed in between reports.

Chinese Consul General Zhu Weimin requested a change in the 90 day reporting procedure as well, citing the large numbers of Chinese students who attend Chiang Mai schools who cannot take time off from school to travel to Immigration to report. He suggested they open on the weekends for those who have jobs and classes.

The official justified the 90 day reporting by saying “it allows us the best possible protection. If someone goes missing then we have more recent information as to their whereabouts to give to the Embassy.”

90 day reporting is currently required of those foreigners remaining in Thailand on a Thai visa extension. Anyone in the Kingdom on an extension must report their address every 90 days. As can be gathered from the above quotation, some foreign nationals in Thailand feel that the 90 day reporting requirement is cumbersome. However, Thai authorities seem unwilling to change the rules as the current system would seem to provide the most efficient method of maintaining records as to the last known addresses of foreign nationals in Thailand. This is important as Thai authorities can use the data from 90 day reporting to apprise foreign governments of the location of their citizens for purposes of death or disappearance in Thailand. In this author’s opinion, the 90 day reporting scheme is rather cumbersome, but no one, as of yet, has provided a feasible alternative which would comport to the needs of all concerned.

For Related Information please see: Thailand Permanent Residence.

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20th May 2010

The following was posted on the official website of the US Embassy in Bangkok, Thailand:

U.S. Depatment of State
Department Spokesman
Daily Press Briefing, Washington, DC May 19, 2010

Statement: Situation in Thailand

I would like to say that the United States deeply deplores the violence and loss of life that has resulted from clashes between security forces and protests from the United Front for Democracy Against Dictatorship (UDD).  We call on both sides to show restraint and to work to resolve differences through Thailand’s democratic institutions.

We are encouraged by the actions of the Red Shirt leaders who have surrendered to law enforcement agencies and support their call to supporters to return home peacefully.  However, we are deeply concerned that Red Shirt supporters have engaged in arson targeting the electricity infrastructure and media outlets and have attacked individual journalists.

We condemn such behavior and call on UDD leaders and affiliated opposition politicians to urge their supporters to stop such acts.  We remain very concerned about the situation in Thailand and we will continue to monitor those events closely.

At the time of this writing, the US Embassy in Bangkok is closed to those seeking routine services due to the unrest in the areas near the Embassy compound. In Bangkok, the situation seems to have stabilized. However, the city remains tense as most Bangkok residents seem to be hoping for an end to the unpleasantness and a return to relative normality.

On a related note, the Thai Tourism Industry is preparing for a major downturn moving forward. To quote the website ThaiVisa.com:

Thailand’s violent political turmoil has had a “disastrous” effect on the vital tourism sector, the country’s finance minister said Friday, stressing that the overall economy remained sound. “Tourism in value terms accounts for six percent of our GDP,” Finance Minister Korn Chatikavanij told a Tokyo conference, adding that the sector also accounts for “as much as 15 to 20 percent of the total employment.” “And clearly, with the events that took place over the past several weeks, and the pictures of these events flashing across TV screens across the world, it is going to have a very disastrous impact on tourism.” Thai security forces on Wednesday crushed a six-week protest by anti-government protesters in street battles that left 15 people dead and saw arsonists torch some 36 key buildings across the capital Bangkok. The stock exchange and the nation’s biggest shopping mall were among locations torched in the chaotic aftermath of the campaign to end the “Red Shirt” protesters’ occupation of Bangkok’s top retail district. Korn said that “we anticipate that the impact on the GDP of the protest so far is probably between 0.3 and 0.5 percent of GDP.” However, he stressed that the wider economic picture was sound in the kingdom, telling the conference that “we expect the formal Q1 (first quarter) figure to be in two digits” this year.

As we have previously discussed on this blog, the Thai Ministry of Foreign Affairs has waived fees for Thai Tourist Visas. However, the fees associated with applications for the Thai business visa and the Thai O visa remain the same.

For further information about attorney assistance with Consular Processing of US visa applications please see: US Embassy. For further information about closure of the US Embassy in Thailand please see: US Embassy Bangkok. Finally, to learn more about Thai Immigration please see: Thai Visa.

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