question ? [travel to india]

[Arun]

I will be taking citizenship oath on 23rd December. I have already purchased tickets for India trip, for Jan 12.

I dont have enough time to apply for US passport and then get indian visa, so I am planing to travel on Jan 12 with my indian passport. While re-entering USA, use the Naturalization certificate.

Will that be an issue with Indian authorities ?

Since its Indian law that I have to surrender Indian passport as soon as I obtain any other country's citizenship ?

I would appreciate your inputs.

thanks.

[Arun]

I will be taking citizenship oath on 23rd December. I have already purchased tickets for India trip, for Jan 12.

I dont have enough time to apply for US passport and then get indian visa, so I am planing to travel on Jan 12 with my indian passport. While re-entering USA, use the Naturalization certificate.

Will that be an issue with Indian authorities ?

Since its Indian law that I have to surrender Indian passport as soon as I obtain any other country's citizenship ?

I would appreciate your inputs.

thanks.

[JohnDoe]

The same day you take the oath, you can stop by the post office and apply for your U.S passport and expedite it. I think its takes MAXIMUM 2 weeks if you expedite it. It only costs $60 more.

It seems there is enough time for you to get a U.S passport. Please concentrate on that aspect.

See http://travel.state.gov/passport/get_first_quickly.html

[Pasha Patel]

Hi Arun...

Contact Indian consulate...they are pretty fast in USA...they will be able to solve your problem since dual citizenship is possible now...good luck...Pasha

Consulate General of India
Houston, TX, USA

1990 Post Oak Blvd. # 600
3 Post Oak Central
Houston, TX 77056

Tel: 713-626-2148/9
Fax: 713-626-2450
E-mail: cgi-hou@swbell.net

Serving Alabama, Arkansas, Florida, Georgia, Kansas,
Louisiana, Mississippi, Oklahoma and Texas


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Details on Overseas Citizenship


The Government has since issued the Citizenship (Amendment) Act, 2003 notification on 7th January, 2004 under which the persons of Indian origin are now eligible to apply for Overseas Citizenship and obtain a ˜Certificate of Registration as an Overseas Citizen of India.



Under this scheme any person of Indian origin of full age and capacity who are citizens of a specified country [(section 7A(1)] or who have obtained the citizenship of a specified country on or after the commencement of the Citizenship Act 2003 i.e. on 07.01.2004 and who were citizens of India immediately before such commencement under section 7A(1)(b). The minors of persons mentioned above are also eligible for Overseas Citizenship (section 7A(1)(c).



Details


Full text of the Citizenship (Amendment) Act, 2003 and the Citizenship (Second Amendment) Rules 2004 is available on the http://www.mha.nic.in/citi.htm.



Countries


Persons of Indian origin residing in the following 16 countries are eligible for Overseas Indian Citizenship:



1. Australia

2. Canada

3. Finland

4. France

5. Greece

6. Ireland

7. Israel

8. Italy

9. Netherlands

10. New Zealand

11. Portugal

12. Republic of Cyprus

13. Sweden

14. Switzerland

15. United Kingdom; and

16. United States of America

Fees


The applicant will have to submit his/her application at the Indian Mission/Post in person and sign a declaration in the presence of Consular Officer in the Mission. He/She will be required to submit a sum of US$ 275.00 alongwith his/her application out of which US$ 25.00 is non-refundable as processing charges while US$ 250.00 will be refunded in case the application is not accepted. The fees will be collected only in US dollars.



Requirements for an application


Note: The application can not be sent by mail and has to be submitted personally by the applicant to the Consular Officer at the Consulate/Embassy.



1. Application in triplicate in following prescribed format:-



a) For registration under Section 7A(1)(a) – Form XIX

b) For registration under Section 7A(1)(b) – Form XIX-A

c) For registration under Section 7A(1)(c) – Form XIX-B



2. Furnish details of records of civil or criminal cases against the applicant.



3. Furnish details of description of immovable property, business interests and other details as mentioned in Form 19-A or 19-B.



4. A declaration and oath of allegiance duly attested by the Consular Officer at the Consulate/Embassy.

5. Four copies of applicant's latest passport size photograph.




Minor


Along with an application for a minor in form XIX-B, the following particulars are also required:-



a) a statement whether the applicant is a parent or guardian of the child and if he is a guardian, how he became the guardian;



b) a statement showing whether the child was adopted by the applicant and if so, documentary evidence to this effect;



c) a statement indicating reasons for which the child is required to be registered as an overseas citizen of India.





Processing Time



The time for processing an application, from the date an application is received, completed in all respects at the Consulate/Embassy and despatch of the Certificate of Registration as Overseas Indian would be about six months.


Period of Validity



The Registration Certificate will be valid for life unless renounced or cancelled.





Facilities



i) An Overseas Citizen of India will enjoy all rights and
privileges available to Non-resident Indians (NRIs) including investment in agriculture and plantation properties, which is currently not available to PIO card
holders.



ii) There would be no visa requirement for travel to India. The person would
have to carry his/her existing foreign passport alongwith Registration
Certificate.



iii) The person so traveling would not be required to complete
registration formalities for his/her stay in India (no need for
registering with the FRRO, if the stay exceeds six months).



iv) All facilities as available to children of NRIs for getting admission to
educational institutions in India including Medical and Engineering
Colleges, Management Institutes etc. under the general category and
membership of various housing scheme etc. will be open to holders of
Certificate of Registration.



The Overseas Citizens, however, will not enjoy the following Rights:-



(a) Right to Vote;



(b) Right to hold Constitutional Offices (Member of Lok Sabha, Rajya
Sabha, Legislative Assembly or Council, offices of President, Vice
President, Judge of Supreme Court & High Court etc.);



(c) Appointment to Public Services (Govt. Services)



Status of PIO Card



A person already holding a PIO Card can also apply for Registration Certificate. The fees paid in respect of PIO Card will not be refunded or adjusted against the cost for the Registration Certificate.



Persons with Dual Passports



Persons having the passport of the country
concerned, (one of the sixteen countries listed) and that of a third
country, can also apply for a Certificate of Registration.



Overseas Citizenship is not Dual Nationality



It may kindly be noted that Overseas Citizenship is not a full citizenship of India and, therefore, does not amount to dual citizenship or dual nationality.

[Arun]

JD / Pasha,

thanks for the reply.

Pasha,

The problem here is that the overseas citizenship may take upto six months. I only have 19 days between the day I take Oath and the day I travel to India.