Gurus, Please Help me

entpost

Registered Users (C)
Hi Everybody,

If anybody applied OCI Card for their childerns (US Born) and they went through the process successfully, Please I request them to share information.

I am applying OCI card for my Daughter(US born) and we (partents) are INDIAN citizens, I just want to know what is the procedure.

I have a question in OCI application form, question No. 24 should be filled by applicant or parents.

Question Details: we(parents) have to declare what ever we mentioned in the application is true?
Below above question
** Aplication for minors
If applicant is minor, then parents have to sign the documents.

Note: We have to sign in two different places in application?

what are the documents we should send with OCI application form?, I know these below documents.
1. Parent Passport copy(Attested)
2. Child Birth Certificate(US Born)
3. Money order for $275
4. Application form

Any other documents we need to send. If I miss something, please let us know.

Thanks in Advance

EntPost
 
Your daughter CANNOT apply for OCI

Your daughter CANNOT apply for OCI. At least one of the parents have to be Non-Indian for children to become eligible for OCI. Read latest FAQ.
 
Havefun, do not give bad advice...

entpost, Please, this person is misleading you. From what I see you are still an Indian Citizen (SO YOUR DAUGHTER IS A PERSON OF INDIAN ORIGIN). EVEN If you and your were to become US Citizens, your daughter is still eligible to apply for OCI just as you would be.

I applied for my daughter in January, Received her OCI Stamp and Certificate of Registration in April. Both me and my wife were Indian Citizens at that time. I will be applying for my own OCI as soon as my US passport arrives AND my wife will do the same. SO, AGAIN, Do some basic research. http://www.cgihouston.org/FAQOCI.html has the FAQ from Houston, which is my nearest Indian Consulate.

All you need to care about is 1) Your daughter is not a citizen of India currently, 2) She or her ancestors, are not a citizen of Pakistan, Nepal, China, Bangladesh, Sri Lanka. That's it. She is eligible for OCI just because you are Indian citizens. Eventually, if you become US Citizens, you will be eligible based on your own past citizenship.

Hope that helps, Good luck
 
Application Form

You have to fill out the application as a guardian and sign it in the application form. HOWEVER, in one form (I don't remember which), the Front page, there is a box at the top, IN which, I had to take the fingerprints of my daughter as she was too young to have a signature of her own.

As far as documentation is concerned, They say "self-attested". I have made photocopies of necessary paperwork and Used a pen to note "Self-attested" and a date/sign...

No notary will notarize photocopies of government issued documentation such as your passport etc. All they are asking is that the documents be "self-attested". That's it.
 
All applications filed recently are returned, if OCI is for minor, and both parents are Indian citizens. This has happened with couple of my friends. It has aloso happened to one person in the OCI-SFo thread, wherein he got the application returned to him after 2 months.
 
Well, I retract my earlier comment "havefun".

I do now agree that I was unaware of this detail. Nonetheless, they did approve and grant my daughter the same in CGI-Houston back in April. I still say it is a very strange and bizarre rule, even if they are strictly implementing it in all Indian Missions. So, a minor somehow cannot be a overseas Indian Citizen if their parents are still Indians ? so , i could have waited 6 months and now that I am a non-citizen, somehow she would have become eligible ? this is craziness. I don't think even they fully understand why such a rule exists...

I guess entpost will just have to get a PIO or wait to become a US citizen, depending on how far that is...
 
v1v1v1 said:
I do now agree that I was unaware of this detail. Nonetheless, they did approve and grant my daughter the same in CGI-Houston back in April. I still say it is a very strange and bizarre rule, even if they are strictly implementing it in all Indian Missions. So, a minor somehow cannot be a overseas Indian Citizen if their parents are still Indians ? so , i could have waited 6 months and now that I am a non-citizen, somehow she would have become eligible ? this is craziness. I don't think even they fully understand why such a rule exists...

I guess entpost will just have to get a PIO or wait to become a US citizen, depending on how far that is...


Look at the OCI FAQ page for Indian consulate at SFO
http://www.cgisf.org
 
v1v1v1 said:
I do now agree that I was unaware of this detail. Nonetheless, they did approve and grant my daughter the same in CGI-Houston back in April. I still say it is a very strange and bizarre rule, even if they are strictly implementing it in all Indian Missions. So, a minor somehow cannot be a overseas Indian Citizen if their parents are still Indians ? so , i could have waited 6 months and now that I am a non-citizen, somehow she would have become eligible ? this is craziness. I don't think even they fully understand why such a rule exists...

I guess entpost will just have to get a PIO or wait to become a US citizen, depending on how far that is...

Remember guys, these rules are not made by the embassies or CGIs, but by the GOI. CGIs just provided a copy on their web site for our convenience.
So ALWAYS look at the latest set of rules and FAQs at MHA web site first -

http://www.mha.nic.in/oci/oci-main.htm.

The CGI houston does not seem to have updated their copy of these FAQs. They need to do a better job on this.

The rule for minors not being eligible for OCI was always there, but was earlier worded in such a vague way, that apparently even the ppl in MHA got confused and issued OCIs to kids of some Indian citizens. Here is the rule from the older (and also current) OCI FAQs (both on MHA web site and older copy on houston web site) -

Will foreign-born children of PIOs be eligible to become an OCI?
Yes, provided one of the parents is eligible to become an OCI.

OR another one from CGI Houston's web site -
Can children of parents, wherein one of the parents is eligible for OCI, apply for OCI?
Yes.

Now in this above, the important thing to note is that parent would be eligible to become OCI only if he/she is NOT an Indian citizen. Thus it was always "hinted" that kids of Indian citizens would not be eligible for OCI.
Obviously not many people caught on to this thing earlier till the explicit FAQ entry was added to clarify that.

So we are happy that you got lucky v1v1v1, but now lets just tell the other Indian citizens to apply for PIO for their kids, and not waste time waiting for the rejections
:)
 
Hi

I am one of the lucky ones (or may be unlucky, only time will tell) to get OCI for my kid though we both are Indian citizens. Does this mean trouble for those who already got the OCI?
 
This is a very serious matter.

Consulates have been telling people they can get their US-born children a US passport and overseas citizenship, but now some of these OCI applications have been denied and the children are now sole citizens of the US. Since it's difficult for children to renounce US citizenship, it appears they can't easily get back any form of Indian citizenship for the rest of their childhood. (Note that if they had not got US passports, the children would have been eligible for Indian passports instead.)

Also, there was no grace period between the time the consulates were telling everyone these children would be eligible for OCI, and the time the OCI applications started being denied.

Has anyone asked the Indian consulates or other authorities whether any form of relief will be offered for all these children?

--Tamtom
 
My take on this issue is GOI is valid in putting this rule. Since the child is born to Indian citizens until the age of 18 it has a choice of Indian or US citizenship.

That is why it does not make sense to have OCI for a child who could become Indian citizen if she wants to.

In USA the rule states Children born to US Citizen parents can elect to become a US citizen no matter were he/she is born.

Just my 2 cents.
 
invest2bfree said:
My take on this issue is GOI is valid in putting this rule. Since the child is born to Indian citizens until the age of 18 it has a choice of Indian or US citizenship.

That is why it does not make sense to have OCI for a child who could become Indian citizen if she wants to.

In USA the rule states Children born to US Citizen parents can elect to become a US citizen no matter were he/she is born.

Just my 2 cents.

The problem with that is, after the child takes a US passport, India would expect the child to renounce US citizenship to recover Indian citizenship. But the US makes it extremely difficult for minors to renounce US citizenship - the child must pass an interview proving that he fully understands the meaning of that action. So in effect, in most cases, these children will NOT be able to recover Indian citizenship for the remainder of their childhood.

--Tamtom
 
tamtom said:
The problem with that is, after the child takes a US passport, India would expect the child to renounce US citizenship to recover Indian citizenship. But the US makes it extremely difficult for minors to renounce US citizenship - the child must pass an interview proving that he fully understands the meaning of that action. So in effect, in most cases, these children will NOT be able to recover Indian citizenship for the remainder of their childhood.

--Tamtom

I think its a real good thing that they interview, so that the intent to renounce US citizenship of the minor is very clear. I dont see it as a bad thing or extremely difficult?
 
suriyan said:
I think its a real good thing that they interview, so that the intent to renounce US citizenship of the minor is very clear. I dont see it as a bad thing or extremely difficult?

Of course, citizenship should not be given up lightly, whether US or Indian. And every country is quite right to protect the rights of its citizens, especially minor children.

But the effect of this is, what invest2bfree posted earlier,

invest2bfree said:
Since the child is born to Indian citizens until the age of 18 it has a choice of Indian or US citizenship.

has to be qualified. Can a 3-year-old or 5-year-old pass the interview? I doubt it. Can a 14-year-old pass the interview? Well, when I was that age I didn't know much about visas and passports, but maybe a highly precocious child could.

Suppose it could. Then for that child, the truth is, "the child must be a sole citizen of the US until its 14, and between the ages of 14 and 18 it has a choice of Indian or US citizenship."

In that case, I still say it is still quite a serious matter that parents, who were told by Indian authorities that their children would be eligible for overseas citizenship of India, renounced their children's Indian citizenship and now they can't easily recover it for many years.

Hope this clarifies,

Tamtom
 
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