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I am an Indian citizen. My wife and I went to USA on an H-1B visa in 2000. We were blessed with a baby girl during our stay and she has an American passport. I returned to India in 2006 for personal reasons. We obtained an Indian visa for my daughter. Since then we have not been back to USA but recently renewed her passport at the American Consulate at Hyderabad.

This summer we want to take a trip to USA. Since my daughter has overstayed in India will there be any problem for her when returning to India, or will she be detained while going out of India?

Note: Neither she nor I are interested in obtaining an Indian passport for her.

  • Did you not get her a PIO or an OCI document, and would you consider getting one now? – phoog Feb 1 '17 at 17:37
  • I got to know about pio card about an year ago, but it was late as the scheme was cancelled. When I approached for the OCI card the authorities told me she is not eligible as she doesnt have a valid visa as of now. – tuskar Feb 2 '17 at 6:10
  • Getting a passport is not the same as getting or gettting proof of citizenship. If your daughter spends more time in India than in the USA, you should look into whether she is Indian citizen through you even though you have never applied for a passport. – Willeke Apr 4 '17 at 19:50
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(My answer is based on your daughter being an American citizen with an Indian Visa. That is what I understood from your question, if I am mistaken please correct me.) Hello, over-staying your visa in India, like most countries, is a crime. It is punishable most commonly by a fine and the costs to apply for an extension, but by law they can detain, imprison, and deport you. Now as far as being stopped when leaving the country, it would most likely be to pay the fines associated with over-staying, as you are already leaving the country odds are they wont detain you. Returning back to India will require her to obtain a new visa, or an extension on the current one. I hope that this helped you and good luck. I forgot to add, that depending on what kind of visa she has, she will actually have to leave India and apply for the extension back in the USA. You can try to mail it out through a friend outside of the country, but it is not recommended.

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    Could she apply for an OCI document? – phoog Feb 1 '17 at 17:37
  • To apply for an OCI the person must have been a citizen of India at one point, unless they are a minor who's parents are citizens of India. In this case, the minor was born in America and has never been a citizen of India, but both parents are citizens. So I would say that the minor could apply for OCI. – Mrnasty23 Feb 1 '17 at 23:06
  • I have another doubt #Mrnasty23. Would there be any problem or are there any chances of she being rejected a VIsa – tuskar Feb 2 '17 at 6:02
  • There are too many factors at play for me to give you an accurate answer. I try to stay away from giving my opinion as opposed to facts, but as long as nothing major has changed in your daughters life, past, background, legal history, other than the overstay, I don't think there will be a problem. Now keep in mind that this is my opinion. Good luck. – Mrnasty23 Feb 3 '17 at 10:51
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** This is not an official answer, I may be wrong.

With OCI/PIO card, you can stay in India as long as you want. There was a rule after every 180 days, you need to register in local Police Station about extension of your stay, however since 2014 (with Modi Govt) they abolished the rule. However I dont have much idea about Tourist visa requirements for overstay.

Me/My wife(Malaysian citizen and Indian PIO card holder) traveled to India in 2013, we did overstay of little over 180 days, while returning back to the US, we were questioned and fined. Luckily we were little early at the airport, that we did not miss our flight for questioning and fine process.

I would suggest check all resources online, if needed apply for OCI/PIO card. OCI/PIO card mostly does not have overstay limitations.

  • Thank you for the suggestions, I will find out regarding the PIO cards from MEA. I am also planning to hire an immigration lawyer just incase. – tuskar Apr 4 '17 at 11:47

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