U.S. Immigration Legal Advisors Thailand FAQs

"My Thai fiancee comes from a small village in Northern Thailand. She has a child from a previous marriage and takes care of two of her sister’s young children because her sister doesn’t want them staying with their alcoholic father who inflicts physical abuse on both of the children and the boy child especially"

To: The attention of U.S. Immigration Legal Advisors,

My Thai fiancee comes from a small village in Northern Thailand. She has a child from a previous marriage and takes care of two of her sister’s young children because her sister doesn’t want them staying with their alcoholic father who inflicts physical abuse on both of the children and the boy child especially. I am an American man who would like to sponsor my Thai fiancee and her child for U.S. immigration and I would also like to see if it is possible to obtain a U.S. visa for each of her sister’s children. My Thai fiancee may not agree to come to the U.S. if I can not get a visa for her sister’s children. Each child has been exposed to sever physical abuse and she fears that this will escalate after she is gone. The sister’s husband has also engaged in sexual abuse of his wife and has forcibly raped her on more than one occasion when he was drunk. Up to this point their has not been any sexual abuse of his daughter but she is now just approaching 13 years of age and this is a concern of my fiancee and her sister. My fiancee has threatened that she will have him arrested but apparently he has no fear of an arrest as his drinking buddies are Thai police officers. It is my understanding that your firm has the reputation of being experts in the field of U.S. immigration. I am seeking out his experience and knowledge in this situation. If you could tell me that each child could get a visa to go to the U.S. we would hire your law firm immediately.

Bill

Dear Bill,

It is surly traumatic for a child to suffer the violence of an alcoholic father who inflicts physical abuse upon them. Many would say that he has no right to be a father. As horrific as it sounds the concern your fiancee and her sister have that a 13 year old girl could be exposed to sexual abuse is indeed genuine in Thailand culture. 13 and 14 year old girls have boyfriends and babies. Hospitals and doctors don’t report these pregnancies to police or parents and treat the expectant mother’s and father’s like adults. Legally the babies father can be arrested, but the Thai police rarely make an arrest in these situations unless the mother of the girl complains. U.S. visa applications for your fiancee and her child will process normally. However, there is no basis for U.S. visa applications for a child of a sibling. The only way to accomplish this is if your fiancee were to legally adopt her sister’s children. The American Embassy will require proof that your fiancee has lived with and taken care of each child for a period of time not less than two years. Completing a Thailand adoption will require the approval of both the mother and father of the children. It seems the mother will be agreeable. The father may not be agreeable. However, I have seen many cases like this and the father becomes very agreeable when offered money. It’s sad to say but I have seen father’s appear at the Embassy to give consent for their children to immigrate to America motivated by a relatively small amount of money. We could also petition the Thailand Family Court for sole custody for the mother and this may be granted given that family members will testify as to the father’s abusive nature and alcoholic tendencies. It is also possible the mother could complain to the Thai police the next time she or one of the children is abused by the father. If arrested and if the arrest proceeds to jail time this will ad further evidence as to why the Thailand family Court should award the mother with sole custody.

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Yannawa, Bangkok 10120,
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