Tricky Question: No straight Answer So Far

[PunetoNJ]

All,

I have a question for you gurus out there. Even my lawyer has failed to give me a straight answer on this one. Lets see if someone can help me out here. Any reponses much appreciated. Thanks in advance.

My wife and I got our Greencards recently. I'm a British Citizen and my Wife an Indian Citizen. While our GC application was in process, she also acquired British Citizenship. Now I understand that her GC is somehow tied to the Indian Passport. i.e. at any US entry point, she has to show her GC as well as a valid passport. Now according to the USCIS system, they expect to see an Indian Passport. What if they're shown a British Passport instead of the Indian Passport ? Would it matter ? The GC itself doesn't state country of citizenship but states country of birth. According to my lawyer, they expect to see her Indian passport at the port of entry since this is whats in their system. When we went for our I-551 stamping, I asked the same question and they said they didn't care what nationality we had. I think this was a vague answer and would like to know what the real situation is re: this issue. The question is is the GC tied to any particular citizenship or could you show a passport of any nationality other than the one you used to apply for the GC ? i.e. labor, 485 etc.

Also, I believe that there's some new Indian Citizenship law now which allows Dual Citizenship ? But I'm not sure whether it applies in this case where my wife has an original Indian Passport. I don't think the dual nationality law allows an actual Indian Passport, but some kind of certificate ? Comments ?

Basically the reason for her to get the British Passport is because she wont need Visas etc. when we travel to Europe etc (or for that matter most countries).

Any responses much appreciated.

Thanks in Advance.

-PunetoNJ.

[GeneM]

Originally Posted by PunetoNJ

All,

According to my lawyer, they expect to see her Indian passport at the port of entry since this is whats in their system. When we went for our I-551 stamping, I asked the same question and they said they didn't care what nationality we had. I think this was a vague answer and would like to know what the real situation is re: this issue.

-PunetoNJ.

Ok, so you do not like the answer that you got at a USCIS District Office. They told you that they do not care, why do you think it is a vague answer? Call the USCIS 800 number and let us know what answer did you get.

[nkm-oct23]

GC is NOT tied to a passport of any specific country, it is tied to the individual. You can enter with any passport if you hold multiple citizenships.

But if your wife was an Indian citizen before acquiring British citizenship, she can no longer use Indian passport as she is NO LONGER AN INDIAN CITIZEN.

India does not allow dual citizenship. recently Indian government came out with "Overseas Citizenship" which is not an Indian passport but a certificate of citizenship, like a green card. It is NOT a travel document like a passport but more like a visa for India with additional benefits.

One has to apply for Overseas citizenship and I believe it takes 2-3 months for the certificate of overseas citizenship to be issued. Indian missions have recently started accepting applications for the OC certificate.

In summary, your wife SHOULD use her British passport along with GC to seek entry into US.

[AmericanWannabe]

Originally Posted by nkm-oct23

GC is NOT tied to a passport of any specific country, it is tied to the individual. You can enter with any passport if you hold multiple citizenships.

actually, the GC alone is enough

[PunetoNJ]

Thanks for your replies folks.
GeneM, the reason I didn't like the USCIS answer when I went to the office is the lady didn't say it confidently. She said jokingly that they didn't care about the citizenship. I dont know, she just didn't sound very convincing. On top of that my lawyer mentions about the fact that at the port of entry they have the Indian Passport in their records. Just very confusing all this.
I will call the USCIS 800 # and find out. But when you call them they don't have the patience to listen, and this is not too straightforward. Anyway, lets see what happens.

Re: Indian Citienship, well, since she hasn't got the British Passport yet, she can still use the Indian Passport I guess. She has to apply for the British Passport but one of their conditions is to send in the old passport (whatever nationality). Who knows what they do with the passport. My biggest fear is that at the port of entry, say she enters with the British passport, they say well, you were an Indian CItizen, where did the British Citizenship come from ? Then What ?? Their systems have everything in the record it seems. Including what nationality you are etc. This brings up a point: Is there any way of notifying the USCIS that after obtaining the GC, my citizenship has changed, or is there no need to do this ?

Thanks once again folks.

-PunetoNJ.

[registrationid]

I agree with unitednations assesment of this peculiar situation. The only aspect that you need to worry is wether USCIS will view your newly acquired British citizenship as a contradiction of your new permanant resident status. So the ways to prove this is to display an active interest in residing within US through means such as acquisiton of property , display of entry and exit stamps on your passports, maintaining period of continuous residency in US, etc. Now if stamps are on Indian passport and if you have surrndered the Indian passport, then you might be at the mercy of the officer at the Port of entry. Now, since you are a British citizen you can enter using the visa waiver program, provided your British passport states "unrestricted right of permanent abode in the U.K" ...how convenient is that :-)...


BTW: unitednations, do you work for UN ?

[TheRealCanadian]

Originally Posted by registrationid

Now, since you are a British citizen you can enter using the visa waiver program, provided your British passport states "unrestricted right of permanent abode in the U.K" ...how convenient is that :-)...

Since they are permanent residents they already participate in a form of VWP....

[PunetoNJ]

Ok, so I just spoke with the USCIS 1800 line twice (just wanted to confirm if I got the same info. twice).
They said that it did not matter if a person changes citizenship since a GC is not tied to any particular citizenship.
They did say though that its probably a good idea to inform the local USCIS office that the person's citizenship had changed.
I contacted the USCIS for the 2nd time and this time the guy didn't know what the answer was. He asked me to check with the Customs and Border protection unit (of the DHS) at Newark Int. Airport. I did so and was informed that as long as the person carries a vlid passport and the GC, they don't care what nationality the person is.

So most of you were right. Thanks for your inputs.

-PunetoNJ.

[new2gc]

Originally Posted by PunetoNJ

Ok, so I just spoke with the USCIS 1800 line twice (just wanted to confirm if I got the same info. twice).
They said that it did not matter if a person changes citizenship since a GC is not tied to any particular citizenship.
They did say though that its probably a good idea to inform the local USCIS office that the person's citizenship had changed.
I contacted the USCIS for the 2nd time and this time the guy didn't know what the answer was. He asked me to check with the Customs and Border protection unit (of the DHS) at Newark Int. Airport. I did so and was informed that as long as the person carries a vlid passport and the GC, they don't care what nationality the person is.

So most of you were right. Thanks for your inputs.

-PunetoNJ.