8/14/2010

Last Updated on Thursday, 2 September 2010 09:48 Written by admin Thursday, 2 September 2010 09:48

Attorney Madan Ahluwalia shares with his listeners legal formalities you should take when setting up a corporation and key steps to take after you incorporate.

 8/14/2010: Play Now

Highlights from Your Attorney on Radio’s July 17 Broadcast with Consul General of India as Special Guest

Last Updated on Thursday, 29 July 2010 11:25 Written by admin Thursday, 29 July 2010 11:24

Changes in visa applications and new community programs discussed

On July 17, Susmita Gongulee Thomas, consul general of India in San Francisco, joined attorney Madan Ahluwalia to discuss consular and community matters. Thomas also answered questions from callers regarding subjects ranging from surrender certificates to visa applications to community programs offered by the government of India.

Recent Visa Rules Changes

Thomas noted that there has been a spate of recent changes in visa rules and that the consulate is not a rulemaking agency but an implementing agency.

One of the biggest changes requires Americans of Indian descent who have been naturalized in the United States to produce a surrender certificate before obtaining a visa. To obtain the surrender certificate, the applicant must produce his or her last held Indian passport or the full details of the Indian passport.

The government of India requires the surrender certificate to take such individuals off the passport rolls. The government does not allow the consulate to waive the surrender certificate. The surrender certificate transaction fee was lowered recently to $20.

The second change involves tourist visas. The government will only issue tourist visas to travelers visiting India for recreational purposes, and visitors may not reenter India within 60 days of the most recent exit.

For more information on these changes, visit the consul general’s website. http://www.cgisf.org/.

Q. What happens if you can’t find your passport and you need to obtain a surrender certificate?

A number of people, particularly individuals who obtained their U.S. citizenship before 1980, do not have their last held Indian passports. You can file a Freedom of Information Act request with the U.S. Citizenship and Immigration Services, using form G-639 to request a copy of the entire immigration file, which will include the surrendered passport. The service is free.

Q. What are the changes that have been made by the Indian government to visa applications?

Naturalized U.S. citizens will only be able to obtain tourist visas if they are visiting India for purely recreational purposes. The recreational purpose must be supported by documentation such as hotel or event bookings.

For all other entries, including family visits, weddings, medical treatment and business trips, you will need to apply for an entry visa, also known as an X visa. With the entry visa, you do not have to wait 60 days to reenter India.

Q. Why does the Indian consulate require a copy of the green card for visas, OCI cards and PIO cards?

In order to obtain a visa, OCI (overseas citizenship of India) card or PIO (person of Indian origin) card, the applicant must meet four requirements:

First, he or she must provide a surrender certificate, which may be obtained by providing the last held Indian passport, a photocopy of the last held Indian passport or details of the last Indian passport held.

Second, the applicant must provide proof of lawful entry into the United States. This may be accomplished by providing a copy of the green card, the first Indian passport held, a copy of the I-130 petition for alien relative or even letters from employers or educational institutions.

Third, the applicant must furnish proof of identity, such as a valid driver’s license.

Fourth, the applicant must provide proof of address, which may be done by submitting utility bills.

Q. What is the big difference between OCI cards and PIO cards? Does India offer dual citizenship?

India does not recognize dual citizenship. Once you acquire foreign citizenship, you surrender your Indian passport.

PIOs and OCIs are basically visas of varying lengths. The applications for these documents, plus standard visas, have been made uniform. The main difference among them is the time that they remain in effect:

A visa is only valid for a fixed period.

A PIO card is valid for as long as 15 years and is used with a U.S. passport. It is not a stand-alone document.

An OCI card is a lifelong certificate. When a U.S. passport expires, the holder must ask that the OCI card be transferred to the new passport.

Neither of these cards confers voting rights in India.

Q. Say I surrender my Indian citizenship and become a U.S. citizen but then and want to revert to my Indian citizenship. Can this be done?

You may apply for an OCI card and then reapply for Indian citizenship after you’ve been in the country between five and seven years. While in India, you are eligible to work for private employers but are not eligible for government jobs.

Know India Program

Know India is a three-week orientation program for diaspora children. The aim of the Know India program is to promote awareness and interaction with India. The Indian government pays 90 percent of the airfare and full cost of hospitality in India. At the end of the program, the participants will have the opportunity to meet either the president or the prime minister of India. To  be eligible, the applicant must be an American youth of Indian descent between the ages of 18 and 26.

Scholarship Program for Diaspora Children

The purpose of the scholarship program is to make higher education in India accessible to the children of overseas Indians and promote India as a center for higher studies. One hundred students are awarded scholarship of up to US$3,600 annually for undergraduate courses in engineering, technology, humanities, liberal arts, commerce, management, journalism, hotel management, agriculture, animal husbandry and other courses of study. The program is open to nonresident Indians/PIOs from more than 40 countries with substantial Indian diaspora populations.

Legal and Financial Assistance to Indian Women Deserted by Their Overseas Indian Spouses

The large number of women in the U.S. and other countries who have been abandoned by their spouses has spurred the Indian government to offer as much as $1,500 in financial assistance for counseling and legal services.

To qualify, a woman must have been deserted by her overseas spouse, regardless of whether he holds an Indian or an American passport. Desertion is defined as having been served with divorce papers within five years of the marriage.

For more information on Know India, the scholarship program for diaspora children or the program to aid women deserted by their overseas Indian spouses, visit the Ministry of Overseas Affairs website. http://moia.gov.in/services.aspx?mainid=73.

Contact Ahluwalia Law

For more information about immigration law, contact Madan Ahluwalia at Ahluwalia Law P.C. by calling 650-331-1968 or e-mailing madan.ahluwalia@ahluwalia-law.com.

Based in Redwood, Calif., Ahluwalia Law is a general practice law firm assisting clients with a variety of cases, including but not limited to immigration law, business services, civil litigation, estate management, loan modification and bankruptcy, family law and personal injury.

To keep up to date with the latest Your Attorney on Radio news and information, visit our Facebook page.