Classification of Children visiting US
Thailand is a member of the Hague Convention on Protection of Children and Co-operation in Respect to Intercountry Adoption so you will have to follow the convention process to adopt the child and bring him or her to the U.S.
After adopting or gaining legal custody of the child you will need to apply for a new birth certificate listing your name, apply for a Thai passport and apply for an immigrant visa at the U.S. Embassy in Bangkok.
Children Traveling with Their Thai Parent
Many types of visas for adults, including spouse and fiance visas, make the visa holder’s minor children eligible for a corresponding derivative visa. The child’s visa will be an immigrant visa if his or her parent’s visa is an immigrant visa and a non-immigrant visa if it is not. If the child is traveling with his or her Thai parent, you will need the child’s birth certificate, Thai passport and to fill out the appropriate corresponding visa application. For example, the minor children of your Thai fiance are eligible for a derivative K2 visa. An experience immigration attorney can help you determine the appropriate type of visa for the child you want to bring to the U.S.
Sometimes you may wish to bring Thai children to the U.S. to allow them to go to an American school. Student visas are non-immigrant visas available for elementary through graduate school students. However, if you wish to bring an elementary or middle school student to the U.S. to study you must go through a student exchange program or send them to a private school. F1 student visas are not available for public elementary and middle school students. High school students may attend U.S. public school for 1 year on an F1 student visa if they pay the full cost of their education. High school students may also participate in a student exchange program or attend a private high school. For longer term studies in the U.S. private schools are the best option.
You may also be able to bring a Thai child to the U.S. on a tourist visa, either alone or with their Thai parent. Like all tourist visa applicants the Thai child will have to prove that they have strong ties to Thailand and do not intend to immigrate to the U.S. However, if you just want to bring the child to the U.S. for a visit friends or family, a tourist visa application is the most appropriate choice.
Category: US Immigration
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Siam Legal is a full service law firm but it has an extensive range of immigration, corporate, and real estate experience accessible to clients both domestically and internationally. It has offices strategically located throughout the major cities in Thailand including Chiang Mai, Pattaya, Hua Hin, Samui and Phuket along with international representative offices in Australia, London and Las Vegas.