Citizenship for only one spouse

[usnycus]

------------------- if one is from India and has valid Indian passport then cant he/she enter India with Indian passport even if got US citizenship? How do the India immigration officer know that you got US citizenship?? If one is US citizen one can also get passport through US consulate or US embassy in India

In India, both arrival/departure are recorded (for all, including Indian nationals). If you enter India using Indian passport and:

a) try to leave using US passport:
you can get in trouble at airport because there will be no record of your arrival.

b) try to leave on Indian passport:
you will need green card else airline will not board you OR immigration officer may not clear you.

 

[kaatupaadi]

There is no way for Indian Govt to know automatically. But as someone noted here before, Bombay immi authorities DO search randomly ( inside the flight. I have seen it many times) for Indian passport in your luggage if you are US citizen. If you get caught, you are done.

 

[usnycus]

I had same question in mind all these years becuase of mainly two reasons:
a) I have agriculture land (inherited)
b) In 4-5 years I would like to go back to India, and try to settle.

Now, after doing some research and removing emotional factor(s) out of decision making process, I eventually decided to apply for US citizenship.

Reasons(s):
a) In past majority of decisions had one objective: What I want. Now, with family (kid and wife), situation is different. They may decide to stay here.
b) It will be much easier to visit US (or any country) in future If I go with US citizenship.
c) Even if I decide to settle in India, I can get a OCI card and go back. OCI card has same parity as Indian citizenship with some exception (those are irrelevant in my case).
d) Regarding inherited agriculture land: RBI doesn't distinguish much between NRI and non Indian citizen when it comes to agriculture property. Both cannot acquire (except inherited) and sell. So, staying out of India puts me in almost same category as non Indian citizen.

It all depends upon your priorities and plans. I guess this question needs your own answer.

We are in the predicament to choose btn both of us getting the citizenship or only one of us. Has any one thought about this?
The reason is , it leaves both option open as a family.

Please provide your thought on this one.

Thanks
BK

 

[kaatupaadi]

I reason I want to get Citizenship is I don't want to go through the horrific experience of obtaining H1-GC and all that crap again, if ever I need it for me or my kids in th future !!.

 

[ginnu]

In that way you are inviting trouble. When you arrive/depart in/from India, Immigration desk and airline counter may ask for green card.

1) Such countries can ask your immigration papers when you renew their passport. If you take oath, USCIS take your GC away so you can not
renew yoru passport
My question was to above statement of Posted by WBH

 

[ginnu]

In that way you are inviting trouble. When you arrive/depart in/from India, Immigration desk and airline counter may ask for green card.

one may arrive in India with valid Indian passport and if one has US Naturalization certificate then one can get US passport through US embassy/ consulate and show the US passport when depart India. what about that??

 

[ginnu]

I had same question in mind all these years becuase of mainly two reasons:
a) I have agriculture land (inherited)
-------------------You can keep the inherited agriculture land in India after US citizenship.That is allowed by RBI/FEMA and nothing in Indian law prevents you from keeping inherited agricultural land.If you want to sell them you must sell to Indian citizen.
b) In 4-5 years I would like to go back to India, and try to settle.

Now, after doing some research and removing emotional factor(s) out of decision making process, I eventually decided to apply for US citizenship.

Reasons(s):
a) In past majority of decisions had one objective: What I want. Now, with family (kid and wife), situation is different. They may decide to stay here.
b) It will be much easier to visit US (or any country) in future If I go with US citizenship.
c) Even if I decide to settle in India, I can get a OCI card and go back. OCI card has same parity as Indian citizenship with some exception (those are irrelevant in my case).
d) Regarding inherited agriculture land: RBI doesn't distinguish much between NRI and non Indian citizen when it comes to agriculture property. Both cannot acquire (except inherited) and sell. So, staying out of India puts me in almost same category as non Indian citizen.

It all depends upon your priorities and plans. I guess this question needs your own answer.

---------------------

 

[ginnu]

There is no way for Indian Govt to know automatically. But as someone noted here before, Bombay immi authorities DO search randomly ( inside the flight. I have seen it many times) for Indian passport in your luggage if you are US citizen.
---------------------I have never seen that Indian immigration check bag inside the departing flight. If they have any questions they ask when you go for immigration check with form to immigration counter.

If you get caught, you are done.
--------------what they do or have done in past??? where is the law or Info for penalty or fine?

----------------------

 

[usnycus]

They may ask you to bring proof (letter from consulate or copy of passport) that you entered India with a VALID US passport. How are you going to face that question?

one may arrive in India with valid Indian passport and if one has US Naturalization certificate then one can get US passport through US embassy/ consulate and show the US passport when depart India. what about that??

 

[usnycus]

---------------------
-------------------You can keep the inherited agriculture land in India after US citizenship.That is allowed by RBI/FEMA and nothing in Indian law prevents you from keeping inherited agricultural land.If you want to sell them you must sell to Indian citizen.

Yes. It is correct. After finding this out, I knew I can safely apply for N400.

 

[usnycus]

Agree. One can go with backdoor entry you have outlined.

1) Such countries can ask your immigration papers when you renew their passport. If you take oath, USCIS take your GC away so you can not
renew yoru passport
My question was to above statement of Posted by WBH

 

[WBH]

There is no way for Indian Govt to know automatically. But as someone noted here before, Bombay immi authorities DO search randomly ( inside the flight. I have seen it many times) for Indian passport in your luggage if you are US citizen. If you get caught, you are done.

Is it true that only USA take false claim to its citizenshipo seriously?
If one falsely claim to be a US citizen, one may be permanently barred
from entrering USA. If you don't have citizenship of India or any other
cuontry where you originally came from but denounced its citizenship when you became a USC, are you afaird of your original home country will permanently bar you from entering? or these country do not have such immigration law or do not care to enforce them?

 

[usnycus]

... See Inline

Is it true that only USA take false claim to its citizenshipo seriously?
... I am sure majority of the countries will take that seriously if you get caught

If one falsely claim to be a US citizen, one may be permanently barred
from entrering USA. If you don't have citizenship of India or any other
cuontry where you originally came from but denounced its citizenship when you became a USC, are you afaird of your original home country will permanently bar you from entering?
... Not true. In case of India, one can visit India with a VISA or PIO/OCI card (people of Indian origin). OCI card is almost like a US green card

or these country do not have such immigration law or do not care to enforce them?
... Again not true. Law's are there and trust me you don't want to get arrested in India (with any issue)

 

[ginnu]

They may ask you to bring proof (letter from consulate or copy of passport) that you entered India with a VALID US passport. How are you going to face that question?

I did not say enter India with valid US passport. I was saying if you enter India with valid Indian passport and later you get US passport in India from US embassy/Consulate
It is the duty of custom and immigration officer to admit you to India if you have valid Indian passport. When one enter India they enter the passport details in computer system and stamp the passport. What if one lost the Indian passport at Juhu Beach??

 

[ginnu]

Is it true that only USA take false claim to its citizenshipo seriously?
If one falsely claim to be a US citizen, one may be permanently barred
from entrering USA. If you don't have citizenship of India or any other
cuontry where you originally came from but denounced its citizenship when you became a USC, are you afaird of your original home country will permanently bar you from entering? or these country do not have such immigration law or do not care to enforce them?

Do you know how many Bangladeshi are staying in India? They are not Indian citizens. How did they enter? Where is Indian immigration? They get Ration Card made, Voter Card made, get driving license made on name. Many get domicile certificate or birth certificate by paying and get Indian passport. Law is for the educated because one wants to follow the law. For such people or politicians law does not exist in India. Just bribe and one can get any document made.

 

[usnycus]

Yes I know you are saying "enter with Indian passport and leave with US passport".

You mean never apply in US, and get first time in India after traveling on Indian passport?

I did not say enter India with valid US passport. I was saying if you enter India with valid Indian passport and later you get US passport in India from US embassy/Consulate
It is the duty of custom and immigration officer to admit you to India if you have valid Indian passport. When one enter India they enter the passport details in computer system and stamp the passport. What if one lost the Indian passport at Juhu Beach??

 

[ginnu]

Yes I know you are saying "enter with Indian passport and leave with US passport".

You mean never apply in US, and get first time in India after traveling on Indian passport?

I am not saying you should do that but one can do that.

We are forgetting the original question that was” how the Indian government knows that you got US citizenship” who informs India government that you have taken oath as US citizen?

 

[BostonCool]

Well, there are several ways to fake or pretend as if nothing happend who cares about that right
"The Constitution of India does not allow holding Indian citizenship " period Common sense is to get either OCI or PIO after getting naturalized

 

[usnycus]

I understand.

We are just discussing different scenario and in no way suggesting people to convert these discussions into action.

Going back to Question: ” how the Indian government knows that you got US citizenship”

Answer: In my opinion "They won't know" unless someone volunteers that information. But if one tries to travel with Indian passport, there is a good probability s/he may get in trouble. There are just too many rights (and luck) needs to happen for one to travel successfully claiming as an Indian national, and return back to US without facing any issue.

I am not saying you should do that but one can do that.

We are forgetting the original question that was” how the Indian government knows that you got US citizenship” who informs India government that you have taken oath as US citizen?

 

[WBH]

I am not saying you should do that but one can do that.

We are forgetting the original question that was” how the Indian government knows that you got US citizenship” who informs India government that you have taken oath as US citizen?

Even if no on einform Indian govt and they do not know, there is no
more practical way to regularly use Indian passport to enter and exit
India unless you just want to go to India and never come out after you become a US citizen. But in that case, what is the point of becoming
a USA citizen?