To take US citizenship or not???

[kavita2000]

Hello, MY husband recently became a US citizen and my interview for citizenship is next month. I am a Indian citizen and wonder, should I stay on green card or take up us citizenship? What are the pros and cons?
1. We here that we cann't buy agricultural land once we abandon Indian citizenship.
2. Can my inherit my father's agricultural land as my daughter are us citizens.
3. Are there any other drawbacks if we abandon Indian citizenship?
4. If there are drawbacks, I would like to stay on Green card while my daughter is a us citizen!

Can any one please, provide suggestions. Much appreciated your feedback..
Kaveeta

 

[takshila1]

Acquisition by way of inheritance :

General permission is granted for inheritance of immovable property including agricultural land, plantation or farm-house property from
01. a person resident in India, or
02. person resident outside India who may be an Indian citizen or foreign citizen of Indian origin provided such person had acquired said property in accordance with the provisions of Foreign Exchange Law in force at the time of acquisition. i.e. FERA, 1973 or FEMA 1999.


Hence Agricultural land, plantation or farmhouse property can be acquired by way of inheritance only.

Please see http://www.femaonline.com/nricorner/immovable_prop.htm

 

[kavita2000]

Thank you

Thank you for the info. I was aware of the agricultural land, but, now from your message, I realize that farmhouses are included too!!
Thanks a million,
Kaveeta

Acquisition by way of inheritance :

General permission is granted for inheritance of immovable property including agricultural land, plantation or farm-house property from
01. a person resident in India, or
02. person resident outside India who may be an Indian citizen or foreign citizen of Indian origin provided such person had acquired said property in accordance with the provisions of Foreign Exchange Law in force at the time of acquisition. i.e. FERA, 1973 or FEMA 1999.


Hence Agricultural land, plantation or farmhouse property can be acquired by way of inheritance only.

Please see http://www.femaonline.com/nricorner/immovable_prop.htm

 

[nred]

If you are concerned about these issue you must consult a good lawyer in India to get the best advice.

Nred

 

[snaray53]

I verified this issue

Kavitha,

My father has few acres of agriculture land and also my father-in-law has some.

My father-in-law's brother is a IAS officer in karnataka and he verified the law that... OCI citizens of India can inherit the agriculture land, farm land or farm house in village, this includes me, my wife and our children( all of us are US citizens with OCI ). Remember, your children are also OCI citizens same as you and your husband.

We can also transfer the land to your OCI holding children after they became adults.

You should get OCI as soon as you get US Citizenship. You are not eligible to own agriculture land, Until you get OCI. I wouldn't worry about this issue.

Thanks,
Satish

 

[kavita2000]

Hi..

Thank you for the info!!
You are right that inheritance is not a problem. But, if you want to Buy these properties is a problem as a USC or OCI . But, anyway, I have decided to take up USC. My interview is next month!! Truely, from the bottom of my heart that I have a eerie feeling that I get a feeling that I am abandoning my motherland. I wonder, myself if I became selfish!

Kaveeta.

Kavitha,

My father has few acres of agriculture land and also my father-in-law has some.

My father-in-law's brother is a IAS officer in karnataka and he verified the law that... OCI citizens of India can inherit the agriculture land, farm land or farm house in village, this includes me, my wife and our children( all of us are US citizens with OCI ). Remember, your children are also OCI citizens same as you and your husband.

We can also transfer the land to your OCI holding children after they became adults.

You should get OCI as soon as you get US Citizenship. You are not eligible to own agriculture land, Until you get OCI. I wouldn't worry about this issue.

Thanks,
Satish

 

[nred]

That is a silly sentiment. Lets not make a mountain out of a mole hill, you wont be abandoning your family in India nor will you be called a traitor. Its not like you are gonna be a citizen of Pakistan. And should be so overwhelmed with guilt or want to step into politics, as OCI you will always have the option of becoming a full Indian citizen in 5 years (provided you physically stay in India for one year before applying.)

Eventually, OCIs may be extended full dual citizenship with voting rights and all. I think OCI is a stop gap measure for eventual true duality.

Also,talking about being selfish, what about all that US has given you and your family? We are all global citizens, you can continue your endeavors regardless of your nationality.

Nred

 

[cafeconleche]

Yeah, I think this has to be looked at practically. If you think about it, it's just a passport. It's a little book that you're changing. You're upgrading from one that is not so trusted to one that is the best, just so your life can be made easier. It's like buying a dishwasher instead of doing the dishes by hand.

 

[snaray53]

Good decison.

Kaveeta,

I can understand your feelings because my wife had similar questions about abandoning motherland. This is exactly not true, because you will be helping India much more from here than in India. Think about amount of $ you will investing in India.

I think you made good decision. Apply for OCI as soon as you get US passport and that will make you feel little better.

Good luck.

Thank you for the info!!
You are right that inheritance is not a problem. But, if you want to Buy these properties is a problem as a USC or OCI . But, anyway, I have decided to take up USC. My interview is next month!! Truely, from the bottom of my heart that I have a eerie feeling that I get a feeling that I am abandoning my motherland. I wonder, myself if I became selfish!

Kaveeta.

 

[kavita2000]

I like this !!
Kaveeta

Yeah, I think this has to be looked at practically. If you think about it, it's just a passport. It's a little book that you're changing. You're upgrading from one that is not so trusted to one that is the best, just so your life can be made easier. It's like buying a dishwasher instead of doing the dishes by hand.

 

[kavita2000]

Thank you all,
Your feedback, really helped me feel better.
Kaveeta

Kaveeta,

I can understand your feelings because my wife had similar questions about abandoning motherland. This is exactly not true, because you will be helping India much more from here than in India. Think about amount of $ you will investing in India.

I think you made good decision. Apply for OCI as soon as you get US passport and that will make you feel little better.

Good luck.

 

[kavita2000]

More Info..

Hi All,
Last night, someone suggested in the party that though USC is more alluring there is a caveat!! The suggestion is that Uncle sam's reach globally is more than India's reach. Thus, a charles shobhraj would escape easy from India than a USC from the sharp eyes of FBI!! . Legal ranglings such as divorce cases, alimony payments cases, property settlement cases, can haunt beyond the borders!! Every one jumped on him for such pessimistic views but, he has provoked some thought in the party though.
KC

 

[cafeconleche]

Hi All,
Last night, someone suggested in the party that though USC is more alluring there is a caveat!! The suggestion is that Uncle sam's reach globally is more than India's reach. Thus, a charles shobhraj would escape easy from India than a USC from the sharp eyes of FBI!! . Legal ranglings such as divorce cases, alimony payments cases, property settlement cases, can haunt beyond the borders!! Every one jumped on him for such pessimistic views but, he has provoked some thought in the party though.
KC

Well, I guess if you foresee yourself in such Bonnie and Clyde situations, you have a problem. You also do have to pay US taxes no matter where in the world you live.

 

[nred]

You cant take the jungle out of the monkey!

Well, if you want to support a society which patronizes corruption and all the third world ills in the name of convenience (e.g. I don't want to get a traffic ticket, but let me bribe the cop or I don't want to adhere to building code, so let me bribe the building inspector, etc.) then it makes totally sense.

In fact people like that are narrow minded, uninformed, uneducated and foolish (not thought provoking or naive, as you would like to project him), who, entertain such regressive thoughts and love to frolic in the filth that blights society and stands in the way of meritocracy.

What would you do if someone illegally seizes your ancestral property and makes you go through the corrupt and inefficient court process for 10-20-50 years, even though you have all the paper work and invested your sweat and blood?

What about justice when your child gets run over by a car driven by the minister's son?

I wish someone at that party had the tenacity and wisdom to engage and correct these false ideals, instead of just pessimistically dismissing his thoughts as mere entertainment.

And to complete my rant, India and US now have an extradition treaty in place. http://cbi.gov.in/interpol/extradition.php Tell your friend to check the list so he can avoid the countries that will catch him.

Nred

 

[kavita2000]

Well, if you want to support a society which patronizes corruption and all the third world ills in the name of convenience (e.g. I don't want to get a traffic ticket, but let me bribe the cop or I don't want to adhere to building code, so let me bribe the building inspector, etc.) then it makes totally sense.

In fact people like that are narrow minded, uninformed, uneducated and foolish (not thought provoking or naive, as you would like to project him), who, entertain such regressive thoughts and love to frolic in the filth that blights society and stands in the way of meritocracy.

What would you do if someone illegally seizes your ancestral property and makes you go through the corrupt and inefficient court process for 10-20-50 years, even though you have all the paper work and invested your sweat and blood?

What about justice when your child gets run over by a car driven by the minister's son?

I wish someone at that party had the tenacity and wisdom to engage and correct these false ideals, instead of just pessimistically dismissing his thoughts as mere entertainment.

And to complete my rant, India and US now have an extradition treaty in place. http://cbi.gov.in/interpol/extradition.php Tell your friend to check the list so he can avoid the countries that will catch him.

Nred

True,but, no one supported him though!!
KC

 

[N400Atl]

Hi All,
Last night, someone suggested in the party that though USC is more alluring there is a caveat!! The suggestion is that Uncle sam's reach globally is more than India's reach. Thus, a charles shobhraj would escape easy from India than a USC from the sharp eyes of FBI!! . Legal ranglings such as divorce cases, alimony payments cases, property settlement cases, can haunt beyond the borders!! Every one jumped on him for such pessimistic views but, he has provoked some thought in the party though.
KC

Though US has reach, they rarely would use it for civil cases like divorse/alimony/property related. Heck they don't do that in US when both parties are in US. Do you know how many deadbeat dads are there that do not pay any child support/alimony?

About criminal cases, it is possible that US will try to get you but that is not very easy and unless you are in the FBI's most wanted list or wanted by interpol, they have little incentive to go after you. If you commit crime in US and run to India, there is a chance that you will be in trouble. (Which you will be if you were a US citizen or Indian citizen)

You still have to Pay US taxes wherever you are though. If you show that you paid taxes in the country you reside, you get credit for those making US taxes zero but you still file a 1040 (Unless you make such a low income outside that allows you not to file taxes)

 

[Triple Citizen]

Sorry to hijack this thread but this post has a raised a question. My maternal uncle (Mamoo) was working for PIA in New Delhi in the early 1980s. He met and fell in love with an Indian lady. They got married and after his 5 year posting moved back to Pakistan. His wife moved with him and after 20 years of marriage and residence in Pakistan, took up Pakistani citizenship. Is my aunt now considered a traitor in India? Just curious.

Lets not make a mountain out of a mole hill, you wont be abandoning your family in India nor will you be called a traitor. Its not like you are gonna be a citizen of Pakistan.

 

[TheRealist]

Sorry to hijack this thread but this post has a raised a question. My maternal uncle (Mamoo) was working for PIA in New Delhi in the early 1980s. He met and fell in love with an Indian lady. They got married and after his 5 year posting moved back to Pakistan. His wife moved with him and after 20 years of marriage and residence in Pakistan, took up Pakistani citizenship. Is my aunt now considered a traitor in India? Just curious.

Surely not considered a traitor when it comes to matters of love. There have been prior cases in India where Indian women have married Pakistani men and moved to Pakistan. Nothing happened then. Very important to note is the point that Indian society by and large accepts such matters of love (though there would always be some individuals who object). But what would the reaction have been if the people's nationalities were reversed? It is anybody's guess.

I _think_ the poster's comment referred to a NON-love scenario where an Indian all of a sudden, for whatever reason, decides to migrate to Pakistan when there are clearly far better educational, economic and social opportunities and freedom in India. Whether anyone likes it or not, religion plays the major role here. Additionally, whether anyone likes it or not, these two countries are not exactly friends with each other. If we start discussing that aspect, then all bets are off.

 

[takshila1]

I guess the pains of partition still haunts us.

In any case:

If you go to US, you are still one of us
If you go Pak, you cannot come back

 

[Triple Citizen]

I too was reading it that way but needed a second opinion for clarity.

I _think_ the poster's comment referred to a NON-love scenario where an Indian all of a sudden, for whatever reason, decides to migrate to Pakistan

Should not be discussed here at all. After all, the hardlined politicians on both sides need something to do. Why should we take their jobs away

these two countries are not exactly friends with each other. If we start discussing that aspect, then all bets are off.