Daughter's citizenship

N

newtov8

Registered Users (C)
Hello all.

My daughter (US citizen) and wife (Indian Citizen) are stuck in India now. They went to India 5 months ago as my wife was out of status in US. I am going to get my greencard soon and will be applying for her greencard under follow-to-join clause (that's what my attoney told me).

Well, my daughter has got Indian visa for max of 6 months stay per trip, though that visa is valid till 2006.

My daughter has US passport which is valid till mid of 2005.

It will take about 1 to 2 years till my wife gets here on the greencard.

So, do I have to worry about bringing my daughter back to US for few days every 6 months or can we just keep quiet and wait till my wife gets greencard. And then get the tickets for both of them.

Would there be any problems at Indian airport regarding boarding my daughter on plane after 1 or 2 years, overstaying in India.

My attorney says that I dont have to inform anyone in India and my daughter can come anytime to US, as she is a US citizen and do not need any visa to come back.

Please let me know gurus your thoughts. May be you have been in this type of situation.

Is this the right place to post this type of question?

Your help would be highly appreciated.

Thanks,
NewtoV8
 
Your lawyer is right. Your daughter does not have to come back. As a US citizen, she has a right to come back any time.

As far as her stay in India is concerned, why can't she just get an extension?
 
over 6 months stay in India by US citizen

Hi,
Your daughter can stay in India over 6 months but she needs to go to local office of poloce commissioner's office to complete registration as a foreigner staying in India. At the time of her departure from India, if she has stayed over 6 mos, the indian immigration authorities will ask her to produce the Police Clearence. So, prior to departure, she better go to the police commissioner's office and get the PC. This is 1-2 day job and quite simple. Otherwise she will not be allowed to leave the country and she will miss the flight.
It is correct that she does not need visa to enter USA, but she needs PC certificate to leave India if stayed in india for more than 6 mos.
Your lawer has wrongly advised you that you need not do anything as she is USC.
 
Thanks for the response all.

And getting the PC should be easy in India, even we dont do it now, I am guessing we could get it "just" before departure.

What about if you are not living in a major city in India and the local police office does not have the clearance certificate, what should one do in that situation.

Please suggest.

Thanks much in advance. ..
 
Registratioin of Foreign Nationals i India

Hi,
I must make it clear That it is primary resposibility of a foreign passport holder living in India to Register with Police dept
as soon as their stay is exceeding 6 months. So, first of all your daughter must go to the police dept for registration which is extermely simple. But it is very important. If you are not registered, they may have problem to give you PC( police clearence) certificate.
Even if she has crossed 6 mos limit some time ago, she must go now without wasting time to get registered .
She should go to police dept to get PC certi few days or aweek before travel date.
Even if you are living in a small city, local police dept shoud help: or go to office of DSP which is in your district headquater.
If she is not carrying the PC certi at the departure she can expect to be denied departure from India.
Ask any USC living mostly in India an they will tell you more.
Hopre this helps.
 
Forgive my ignorance of Indian law, but can a child US citizen born to Indian citizens obtain Indian passport?
 
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