Integrity Legal

The United States of America and the Republic of Korea have a long history of cooperation. The USA maintains an official Mission in Korea in the form of a US Embassy. In an effort to provide relevant information to American travelers and expatriates in Asia, this blog often posts the holiday closing schedules of various American Embassies and Consulates. Below is the holiday closing schedule for the US Embassy in Korea quoted directly from the US Embassy’s official website:

As this author has previously come to find, it can be frustrating to show up at a US Embassy or US Consulate to find it closed in observance of either a local or American holiday. Therefore, those with business before a United States Embassy or Consulate abroad are well advised to consult the official website of the Mission prior to traveling to the Post. Furthermore, those with business before an American Citizen Services Section of a United States Embassy or Consulate are well advised to check online to ascertain if the Post allows appointment to be set over the internet. Those seeking a new US passport, visa pages, Consular Report of Birth Abroad, or notarial services are often required to appear before American Citizen Services abroad in order to have their request processed. In many cases, scheduling an appointment in advance provides the Consular Officers with the opportunity to prepare in advance to efficiently serve Citizens. By streamlining the process it can decrease the wait time for Americans traveling to the Post.

Those wishing to schedule a visa interview appointment for an Immigrant visa such as a CR1 Visa or an IR1 visa are advised to check directly with the Post regarding such appointments. The same can be said for those wishing to schedule a non-immigrant visa appointment for travel documents such as the US Tourist Visa or the US Student Visa (For purposes of Consular adjudication the K1 visa is usually considered an immigrant visa).

Tags: American Citizen Services, consular report of birth abroad, CR1 Visa, Holiday Closing Schedule, IR1 Visa, K1 Visa, Thailand Consular Report of Birth Abroad, US Consulate, US Embassy, US Embassy Korea, US Embassy South Korea
Posted in US Embassy South Korea | 1 Comment »

As more and more Thais marry foreign nationals the Thai diaspora grows. Many Thai-American couples immigrate to the United States of America using either a fiance visa such as a K1 visa or a marriage visa like a K3 visa or CR1 visa. When these couples have children a few questions arise. First, what is the child’s nationality? Second, is the child entitled to dual nationality. Third, if entitled to a Thai passport how do we go about obtaining one? This is where the Thai Consular Report of Birth Abroad comes into play.

It should be noted that a child born to a Thai mother overseas is born with Thai nationality. A child born to a Thai father abroad is probably Thai although there are some restrictions in the Thai Nationality act. For our purposes we will assume the child is born with Thai nationality.

In order for a Thai national who was born abroad to obtain a Thai passport a Consular Report of Birth Abroad must be obtained by the foreign born Thai. This report of birth abroad is similar to the US Consular Report of Birth Abroad in that it provides proof that the child was born to a Citizen of the Kingdom of Thailand. Pursuant to relevant sections of Thai nationality law, the child of a Thai Citizen is Thai. Therefore, once a report of birth abroad is issued a Thai passport can be acquired.

Some are under the mistaken impression that Thais and Americans cannot have dual nationality. This is not true. There is no provision under Thai law prohibiting dual nationality. Further, United States nationality law does not prohibit dual nationality. The major issue for dual nationals concerns their two home countries. A Thai-American with dual nationality is considered exclusively an American citizen when in the United States of America (or one of its protectorates, possessions, or territories) and exclusively a Thai citizen when in the Kingdom of Thailand.

There can be a great many problems that can arise if one fails to obtain a Thai Consular Report of Birth Abroad on behalf of one’s child. This is particularly true if the child later wishes to reside in Thailand with the same benefits as other Thai citizens. Proving Thai citizenship from birth can be difficult if there has been a long period of time between the child’s birth and subsequent application for a Consular Report of Birth Abroad. There can be particularly daunting problems if the Thai national is a boy because there are military draft requirements for male Thais. If one does not fulfill their draft obligations and subsequently wishes to obtain a Thai passport the bureaucratic difficulties could be legion. Therefore, it may be wise to retain the advice of a Thai attorney or law firm if a man wishes to sort out his Thai nationality after missing his draft year.

A Consular Report of Birth Abroad can be issued at a Thai Embassy or Consulate in the country where the Thai was born. The Thai posts have a section similar to the  American Citizen Services section at a US Embassy which handles Reports of Birth Abroad.

Tags: consular report of birth abroad, CR1 Visa Thailand, Fiance Visa Thailand, K1 Visa Thailand, K3 Visa Thailand, Thai Consulate, Thai Embassy, Thai Passport, Thailand Consular Report of Birth Abroad, Thailand Consulate, Thailand Embassy, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Miscellaneous, Thai Embassy Kuala Lumpur, Thai Family Law, Thailand Embassy, Thailand Embassy Myanmar, Thailand Embassy Singapore, Thailand Visa, US Visa Thailand | No Comments »