Choosing to Leave Voluntarily
I would like to share my experience in regard to this situation. I hope it will answer a lot of questions, and hopefully help a lot of others.
I met an Indian person, who had arrived in Canada from India on a visitor visa in 2000. He had Canadian visitor visa (6 months)on his Indian passport. Basically, he arrived legally.
After he arrived in Canada, he moved to US by car without passing inspection. This happened within a week or two after arriving in Canada. Obviously, that was his intention all along.
Last month, I was asked for help through a mutual friend on how he can go back to India safely. He wanted to go back permanently (one way ticket), but did not want to get arrested or get caught with the Immigration police.
I asked him a lot questions about his status, documents, and learned he had nothing. He had lost his Indian passport couple years ago. What happened was since he had been living illegally in US, and moved through a lot jobs, and places. He had left it with someone he knew, and later learned that it was nowhere to be found. He was able to recover a copy of his passport (front page, visa page, last page). The copy was in terrible shape, picture was just a black rectangle. The passport number was identified by comparing all the pages, getting one digit from here, and another from somewhere else.
I e-mailed Dr. Anju Kumar at cpv AT indiacgny (New York Indian Consulate) and asked for help.
-------------------------
Honorary Dr. Kumar,
I am writing to inquire about a unique situation. There is an Indian citizen living in your region who holds illegal status in US. He wants to go back to India (one-way) permanently. Further, he has been moving from place to place for the past 5 years and has lost his passport and other important documents. His daughter is getting married in June, and he would like to go back and be part of the wedding and remain there afterwards. We need your help in figuring out how he can safely move back to India without getting arrested by American authorities. Could he be issued an Emergency Certificate (one-way ticket) by the Embassy to go back to India? If he gets emergency certificate, will he be questioned by American authorities during departure? Please help us in figuring out the best solution to this unfortunate problem.
Thank you for your time;
Respectfully,
Dah Dah
------------------------------------------
I received reply the same day (within 5 hours at most I think) from D. Kumar herself (I think it is a woman). She was very very helpful.
------------------------------------------
He may apply for Emergency Certificate with us. He needs to come to the Consulate with all the documents that he may have (photocopy of his passport, any other identity proof from India) and we’ll interview him (on a working day between 9-11am).
Normally, the US authorities do not question travelers who have EC because it is in their interest to see that an illegal immigrant goes back to his country.
We’ll be able to issue his EC only after clearly establishing his Indian nationality.
Best wishes,
Dr. Anju Kumar
-----------------------------------------------
I told him to contact his relatives back in India and mail over all needed documents. I specifically told him to get:
-his birth certificate original and English translated. (and notarized copy of each)
-ration card copies (notarized)
-voting card (if available)
-affidavit from the village penchayt confirming his identity and the relevant facts such as his name, date of birth, his permanent Indian address, his parents' name, stating when he left India, and mentioning he wants to come back to India WITH a passport size picture of him glued to the affidavit with signatures of relevant people, and fully notarized.
-any school certificates or anything documents especially photo ids
He ended up with that passport copy that was in terrible shape, notarized voting card copy, notarized original and English translated copies of ration card, affidavit from village council with all the needed information.
I followed directions of the website at indiacgny on how to get Emergency Certificate. He did not have police report for lost passport, because we were concerned that they might ask him for an ID when he goes to report, and he had none.
I also wrote a self-statement from him confirming his Indian identity, facts about his arrival in us, his status in us, how he lost his passport, and why he does not have a police report. He signed underneath at the counter when asked by the consulate officer.
07/01/2010: We went to Indian consulate in NY at 9:15 with all the documents he had received from India, 6 passport size photographs (white background), print out of the confirmed Indian ticket bought on internet leaving the next night, and some forms filled out that were mentioned on the website. (There was one that had to have 5 duplicate copies, with photo glued to each).
Our turn came at 11:45ish at the counter. He told he was applying for Emergency certificate and he had lost his passport. The lady who was younger than others was very nice, and said there is another form to be filled out, wait few minutes let me ask another officer. She went through couple more people in line, and eventually went back to talk to somebody, came back, and called us to the counter and said you will be interviewed by an officer, wait for that. We did, till 3:30ish.
3:30ish, he was interviewed by consulate officer (I think Mr. Subashish Sinha). Mr. Sinha was very nice guy, he asked fair questions about how and why he came to US, and where he lives, how long he has been here, where is his passport, how he lost it. He was very straight forward, and asked reasonable questions. After satisfaction, he told him to pay $125 (illegal entry fee) + $5 (Emergency travel document fee), total of $130 at the counter, and come back at 4:30 to get the document. We did as he told, and he got his Emergency travel document around 5pm (lines were longgg).
He left the next day. I later learned that he was fingerprinted by American authorities at departure, no questions asked, very smooth and easy process. He was held at Delhi airport for questioning, checking his names against police lists. Basically, American wanted to make sure he is not criminal escaping prosecution, and Indians wanted to check he was not a criminal who had left country or a terrorist coming in. No delays were caused at departure (Newark, NJ), and about 4 hours he had to wait till Indians cleared him. Questioning was reasonable, he just had to sit there and wait till the results came back that he was good.
I hope this experience helps others who are or know someone in similar situation. I am not a lawyer or ever been to law school. Your mileage may vary.
I would like to share my experience in regard to this situation. I hope it will answer a lot of questions, and hopefully help a lot of others.
I met an Indian person, who had arrived in Canada from India on a visitor visa in 2000. He had Canadian visitor visa (6 months)on his Indian passport. Basically, he arrived legally.
After he arrived in Canada, he moved to US by car without passing inspection. This happened within a week or two after arriving in Canada. Obviously, that was his intention all along.
Last month, I was asked for help through a mutual friend on how he can go back to India safely. He wanted to go back permanently (one way ticket), but did not want to get arrested or get caught with the Immigration police.
I asked him a lot questions about his status, documents, and learned he had nothing. He had lost his Indian passport couple years ago. What happened was since he had been living illegally in US, and moved through a lot jobs, and places. He had left it with someone he knew, and later learned that it was nowhere to be found. He was able to recover a copy of his passport (front page, visa page, last page). The copy was in terrible shape, picture was just a black rectangle. The passport number was identified by comparing all the pages, getting one digit from here, and another from somewhere else.
I e-mailed Dr. Anju Kumar at cpv AT indiacgny (New York Indian Consulate) and asked for help.
-------------------------
Honorary Dr. Kumar,
I am writing to inquire about a unique situation. There is an Indian citizen living in your region who holds illegal status in US. He wants to go back to India (one-way) permanently. Further, he has been moving from place to place for the past 5 years and has lost his passport and other important documents. His daughter is getting married in June, and he would like to go back and be part of the wedding and remain there afterwards. We need your help in figuring out how he can safely move back to India without getting arrested by American authorities. Could he be issued an Emergency Certificate (one-way ticket) by the Embassy to go back to India? If he gets emergency certificate, will he be questioned by American authorities during departure? Please help us in figuring out the best solution to this unfortunate problem.
Thank you for your time;
Respectfully,
Dah Dah
------------------------------------------
I received reply the same day (within 5 hours at most I think) from D. Kumar herself (I think it is a woman). She was very very helpful.
------------------------------------------
He may apply for Emergency Certificate with us. He needs to come to the Consulate with all the documents that he may have (photocopy of his passport, any other identity proof from India) and we’ll interview him (on a working day between 9-11am).
Normally, the US authorities do not question travelers who have EC because it is in their interest to see that an illegal immigrant goes back to his country.
We’ll be able to issue his EC only after clearly establishing his Indian nationality.
Best wishes,
Dr. Anju Kumar
-----------------------------------------------
I told him to contact his relatives back in India and mail over all needed documents. I specifically told him to get:
-his birth certificate original and English translated. (and notarized copy of each)
-ration card copies (notarized)
-voting card (if available)
-affidavit from the village penchayt confirming his identity and the relevant facts such as his name, date of birth, his permanent Indian address, his parents' name, stating when he left India, and mentioning he wants to come back to India WITH a passport size picture of him glued to the affidavit with signatures of relevant people, and fully notarized.
-any school certificates or anything documents especially photo ids
He ended up with that passport copy that was in terrible shape, notarized voting card copy, notarized original and English translated copies of ration card, affidavit from village council with all the needed information.
I followed directions of the website at indiacgny on how to get Emergency Certificate. He did not have police report for lost passport, because we were concerned that they might ask him for an ID when he goes to report, and he had none.
I also wrote a self-statement from him confirming his Indian identity, facts about his arrival in us, his status in us, how he lost his passport, and why he does not have a police report. He signed underneath at the counter when asked by the consulate officer.
07/01/2010: We went to Indian consulate in NY at 9:15 with all the documents he had received from India, 6 passport size photographs (white background), print out of the confirmed Indian ticket bought on internet leaving the next night, and some forms filled out that were mentioned on the website. (There was one that had to have 5 duplicate copies, with photo glued to each).
Our turn came at 11:45ish at the counter. He told he was applying for Emergency certificate and he had lost his passport. The lady who was younger than others was very nice, and said there is another form to be filled out, wait few minutes let me ask another officer. She went through couple more people in line, and eventually went back to talk to somebody, came back, and called us to the counter and said you will be interviewed by an officer, wait for that. We did, till 3:30ish.
3:30ish, he was interviewed by consulate officer (I think Mr. Subashish Sinha). Mr. Sinha was very nice guy, he asked fair questions about how and why he came to US, and where he lives, how long he has been here, where is his passport, how he lost it. He was very straight forward, and asked reasonable questions. After satisfaction, he told him to pay $125 (illegal entry fee) + $5 (Emergency travel document fee), total of $130 at the counter, and come back at 4:30 to get the document. We did as he told, and he got his Emergency travel document around 5pm (lines were longgg).
He left the next day. I later learned that he was fingerprinted by American authorities at departure, no questions asked, very smooth and easy process. He was held at Delhi airport for questioning, checking his names against police lists. Basically, American wanted to make sure he is not criminal escaping prosecution, and Indians wanted to check he was not a criminal who had left country or a terrorist coming in. No delays were caused at departure (Newark, NJ), and about 4 hours he had to wait till Indians cleared him. Questioning was reasonable, he just had to sit there and wait till the results came back that he was good.
I hope this experience helps others who are or know someone in similar situation. I am not a lawyer or ever been to law school. Your mileage may vary.
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