OCI - New York Tracker

I am in the same situation. My status is still underprocess since 5/7. Hopefully it will change like yours soon. Today I received my renunciation certificate with cancellation of previously cancelled passport. No other letter and certainly no mention of $175+20 which I had sent with the application. The certificate was issued on May 26th but post marked June 1st.

when did you mail the app for SC?
 
True sign of Indian Babu type processing.

Now that ruling has been changed, why can't they just issue the refunds along with the OCI and be done with it, rather than asking us to mail another Certified check for the exact amount according to the new fee structure?

Waste of time/money/efforts ... and nobody is their who will think straight and try to simplify the process, rather they love to complicate everything.

I think when you really think about it, all this idiocy is cultural. Our education system in India does not encourage creative thinking and problem-solving but rather, rote memorizing. Also, people are not encouraged to challenge and question ideas but just blindly follow whatever someone in a senior position or authority says. The idiots at the CGI-NY and the other consulates, did not bother to even think through all the implications of a completely asinine directive handed down from Delhi and so in the ensuing chaos, everyone loses. The unsurprising report that came out yesterday just emphasizes the point: Indian bureaucracy is the worst in Asia.
 
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Just Horrible

We mailed our OCI in 2nd week of May before the new rule and our application was return last week of May. We applied SC on May 26th at Consulate paying Money Order and was told to collect it on 4th June.

Today My wife went over to try for refund and also to resubmit the OCI application which was returned. She was there whole day and I asked not to return without meeting Mr. Bajaj or Pushpa.

They were just not ready to let her meet them nor were interested to take OCI, forget about refund. They were rude and threatening of security if anyone would complain.

She met Mr. Bajaj aftre 4hrs and he took the OCI application. He said they are refunding people who have mailed the SC application and who are not in their system yet. Since we submitted at consulate and got receipt, we will not get refund unless Government of India makes decision on refund. HE ADVISED NOT TO PICKUP SC FROM CONSULATE TOMORROW AS IT IS NOT NEEDED FOR OCI AND AS PER HIM IT WILL FURTHER COMPLICATE REFUND OF SC FEES.

Lets see what happens....This people are laymen and cannot do much. As I had same expereince with Air India. REFUND IS JUST IMPOSSIBLE Unless higher authority takes any interest in that.
 
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I do not see any info about the refunds . Anyone has any info?

Also, I am just curious on how many people have paid $175/each to get the SC that is not required at all any linger. I mean people who obtained SC by paying $175. Is there a way to get a quick poll to see how many got affected. If it is smaller, they will probably just ignore it. But if the number is large and we make noises collectively, we will get their attention.

Any ideas on how we go about protesting this to get some actions? Emails do not get responded, phone calls do not go thru.
 
So if you applied for SC and haven't received it yet..

that means your Indian passport is at the consulate. If your OCI is reached CGNY from Delhi, are you just sending your US passports and the status printout page, now that SC is no longer required?
 
OCI without SC

that means your Indian passport is at the consulate. If your OCI is reached CGNY from Delhi, are you just sending your US passports and the status printout page, now that SC is no longer required?

That's correct but I would include a cover letter explaining the situation with Indian passport
 
Has anyone tried to bring the passport in person to the consulate to have it canceled (citizen before May 31,2010)? Do they return your passport with a stamp after you submit it with the form posted on the site? (indiacgny.org/php/showHighLightDet.php?h_id=144&key=)?
 
that means your Indian passport is at the consulate. If your OCI is reached CGNY from Delhi, are you just sending your US passports and the status printout page, now that SC is no longer required?

You need canceled Indian passport to collect OCI.
 
Got all my documents back today! The long journey is finally over. :)

OCI dispatched - 29 Mar 10
Received at CGNY - 13 Apr 10
[Travelled out of the US]
Mailed Indian and US passports - 11 May 10 (Express mail)
Received at CGNY - 12 May 10 (USPS says item was signed for by M MANISHA)
Call from Mrs. Kumar asking for renunciation docs and fee mailed to her attn. - 14 May 10 (she promised to return everything by the first week of June)
Renunciation paperwork + USD 175 sent to Mrs. Kumar - 14 May 10 (Priority mail)
Call from consulate asking for renunciation docs - 17 May 10 (probably they opened the package received on 12 May)
Renunciation documents received by CGNY - 17 May 10 (based on USPS info)
Mails to just about everybody at CGNY and Washington Embassy - every other day from here onwards
Renunciation processed - 25 May 2010 (USD 175 check cashed, renunciation docs signed by SS Dhariwal, assistant consular officer)
Documents mailed from CGNY - 02 Jun 10 (Express mail)
Documents received - 03 Jun 10 (Indian passport marked - cancelled as holder acquired US citizenship, U visa & OCI card issued - 26 Mar 10 at CGNY signed by Pushpa Kumar, vice consul - obviously a lie since the docs were in Delhi at that time!)

Ok, now I want my USD 155 back and will keep writing to just about everybody.

Overall, feel a great sense of relief. Thanks to all of you for sharing info on this forum and good luck to all that are waiting. Let me know if I can answer any of your questions.
 
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We mailed our OCI in 2nd week of May before the new rule and our application was return last week of May. We applied SC on May 26th at Consulate paying Money Order and was told to collect it on 4th June.

Today My wife went over to try for refund and also to resubmit the OCI application which was returned. She was there whole day and I asked not to return without meeting Mr. Bajaj or Pushpa.

They were just not ready to let her meet them nor were interested to take OCI, forget about refund. They were rude and threatening of security if anyone would complain.

She met Mr. Bajaj aftre 4hrs and he took the OCI application. He said they are refunding people who have mailed the SC application and who are not in their system yet.
Since we submitted at consulate and got receipt, we will not get refund unless Government of India makes decision on refund.
Who is going to make decision from Government of India? who made the decision to collect $175? who said dont take $175 but 20 from XYZ date? Did he show any GR from Government of India and who signed that GR? They should post the government of India Notifications and GR so that we know who made that rules or who signed any notifications. Why they don’t post that info. FYI one can File RTI and can get the documents. If they don’t accept RTI then Any Indian citizen can file RTI and can get the documents and then only you will know that if Government of India sent letters to NYC or some Secretary in MHA or Ministry of external affairs sent it.
HE ADVISED NOT TO PICKUP SC FROM CONSULATE TOMORROW AS IT IS NOT NEEDED FOR OCI AND AS PER HIM IT WILL FURTHER COMPLICATE REFUND OF SC FEES.
-----------------Bajaj is lying if you paid the Fees for SC and they gave you receipt for payment then why he is stopping to pick up the SC as your Info is with them and they collected money give you receipt and your SC Form was submitted and your case is processed you collect SC paper or don’t take SC paper. They have record of your SC and on your SC they have written file number and the information is on register that they maintain.
Lets see what happens....This people are laymen and cannot do much. As I had same expereince with Air India. REFUND IS JUST IMPOSSIBLE Unless higher authority takes any interest in that.

-------------- Refund is Possible if we all unite and keep sending emails to Ministry and links provided by Arjun Datta and I have also posted Email of Delhi.
Also write to her and ask when she applied for Indian Citizenship did Italian embassy charged her for cancellation of her Italian Passport or Citizenship?

Write to her:
Smt. Sonia Gandhi, MP
10, Janpath
New Delhi.
Tele. (O) : 23034984, 23034285
Tele. (R) : 23014161, 23014481
E-Mail: soniagandhi@sansad.nic.in
 
Write in details what happened in Indian consulate NYC and what the mess was created and is sill going on. Write to below address that India Government should not cheat US Citizens of India Original and Indian consulate NYC must refund the fees collected. Make them aware what is going on and what Bajaj Or Dayal has done and they should be called back to India and they don’t seem to be from Indian Foreign Services but look like the are from Indian Fraud Services.

Dr. Manmohan Singh, Prime Minister of India,
7, Race Course Road, New Delhi / Email: manmohan@sansad.nic.in

Shri. Prithviraj Chauhan, Minister of State, Prime Minister’s Office 11, Race Course Road, New Delhi 110001 Fax: 011-23017839 / 23013124, Email: chavanprithviraj@sansad.nic.in
 
I do not see any info about the refunds . Anyone has any info?

Also, I am just curious on how many people have paid $175/each to get the SC that is not required at all any linger. I mean people who obtained SC by paying $175. Is there a way to get a quick poll to see how many got affected. If it is smaller, they will probably just ignore it. But if the number is large and we make noises collectively, we will get their attention.

Any ideas on how we go about protesting this to get some actions? Emails do not get responded, phone calls do not go thru.

I would think the number would be in a few thousands . Somewhere i read the 1 day camp had a huge turnout for SC. Also since due to the 90 day limit , no one could afford any kind of delay.

I also feel a good number of people have contacted the consulate for refund. Hence they changed their wordings once and after that removed any reference to refunds. I am told by the local Indian Assoc chapter that they have received representations on this.

Is there a need to start a petition online ? Can we get some press coverage , espescially highlighting the 3 week drama and the 90 day limit not allowing any time for people to even breathe.
 
I was there on the day they held the camp. There were thousands of people in the line. My OCI had already arrived at NYC, but they would not give it without the surrender certificate. So, I ended up paying $175 for each family member. Now I see that the clause about refund is totally removed from the NYC website. I think they are hoping that people will soon forget and they will need not have to give refunds. How long does it take the GOI to make the decision? They did not waste a day and implemented the new rule overnight.

The fee was reduced after the 'Federation of Indian Associations' (FIA) made protests. According to Rediff, they have called off today's protest as the fee was reduced. http://news.rediff.com/report/2010/jun/02/citizenship-rules-changes-relief-to-indian-community.htm

I hope FIA will not just sit quiet because the fee was reduced and continue the protest until the refunds are issued to thousands of us. It is totally unfair to penalize us if GOI is so immature and does not have a proper implementation plan for the rule.

Also, please continue to write to the following people of Federation of Indian Associations to pursue the same.

FIA Information email : info@fianynjct.org

FIA President : Nirav Mehta
732-500-5165
niravmehta@fianynjct.org

FIA Executive Vice President : Bipin Patel
973-519-3612
spmart2004@yahoo.com

FIA Vice President : Nimesh Dave
732-331-5891
nimeshdave@fianynjct.org

All the above names are listed in the rediff website.

Also, The email address of Consulate General , NY, Mr. Prabhu Dayal is : cg@indiacgny.org
 
http://cyrusmehta.blogspot.com/2010/06/indian-government-backs-down-over.html

www.Cyrusmehta.com

As a result of pressure from the overseas Indian, the Indian government has backed down. Here is the latest guidance from the Indian Consulate in New York website, http://www.indiacgny.org/php/showHighLightDet.php?h_id=144&key.

"In supersession of the rules regarding Surrender/Renunciation Certificate the Government of India have decided as follows:-

Persons of Indian Origin (PIOs) who have already acquired foreign citizenship voluntarily till May 31, 2010 shall cease to be Indian citizens upon their acquiring foreign citizenship. However, such persons are required to surrender their Indian passports, whether valid or expired, to the Indian Consulate so that the passport is not misused. Such persons are not required to pay any fee under the Citizenship Act. They will have to pay US$ 20/- for Surrender/Cancellation of the passports.

Those Indian citizens, who intend to acquire foreign citizenship on or after 1st June 2010 will have to submit a declaration of renunciation of their Indian citizenship with payment of US$ 175/- as per fee structure under Rule 23 of the Citizenship Rules, 2009.

The issue of refund of any part of renunciation fee already paid by applicants till 31 May 2010, if applicable, has been taken up with the Government of India. The decision when received will be uniformly applied to those concerned and the information will be put on our website when available. Meanwhile no email/phone queries will be entertained. "
The first point is consistent with what I wrote in my prior blog, http://cyrusmehta.blogspot.com/2010/05/new-indian-government-rule-requiring.html#comments. One ceases to be an Indian citizen upon taking up the citizenship of another country under Section 9 of the Indian Citizenship Act, 1955. A policy requiring renunciation after one automatically ceased to be an Indian citizen made no sense, and then retroactively penalizing the individual for failing to renounce Indian citizen was extremely unfair. On the other hand, those who have taken up US citizenship or a citizenship of another country will still need to surrender their passports, albeit for a lesser fee. This will still result in hardship if the person who got US citizenship decades ago has lost the Indian passport.
It is the second point in the new policy that is most puzzling. It says that those who intend to take up the citizenship of another country after June 1, 2010 must first submit a declaration of renunciation of citizenship under under Rule 23 of the Citizenship Rules, 2009, which stem from Section 8 of the Citizenship Act. Section 8 provides that a citizen of India may renounce Indian citizenship. Rule 23 is reproduced below:
23. Declaration of renunciation of citizenship.- (1) A declaration of renunciation of citizenship of India under sub-section (1) of section 8 shall be made in Form XXII, and shall state-
(a) under which provisions of law, the applicant is an Indian citizen; and
(b) the circumstances in which the applicant intends to acquire foreign citizenship.
(2) On receipt of the declaration of renunciation of citizenship of India under sub-rule (1), an acknowledgement in Form XXIII shall be issued by an officer designated under rule 38.
(3) The declaration shall be registered in the Ministry of Home Affairs, Government of India.
(4) The Central Government in the Ministry of Home Affairs shall maintain a register in Form XXIV containing the names of persons whose declaration of renunciation of citizenship are registered under this rule.
Rule 23 requires an Indian citizen to renounce Indian citizenship while intending to take up the citzienship of another country, and not after s/he becomes a citizen of another country. How will this play out? What if the US citizenship does not pan out for some reason or is delayed? It quite often happens that one may not become a US citizen, as expected, if a security check has not cleared or if additional evidence is requested. US citizenship may also be denied if an Indian disrupted continuity of residence by spending more than 180 days outside the US during the qualifying 5 year or 3 year period, and is unable to rebut the prsumption of abandonment. Will this person become stateless between the renunciation and the acquistion of the new citizenship? Will this person be deprived of using his or her Indian passport for travel during this period? What if the renuncation has been effectuated and the person is never granted US citizenshp? Strangely, the new policy has been differently announced on the Indian Consulate's website in San Francisco, which does not incorporate the second point, http://www.cgisf.org/. So what is the correct new policy?
I applaud the Indian government for backing down and eliminating the potential hardship the prior misguided policy would have caused to thousands of overseas Indians who had become US citizens several years ago. Yet, the fact that people may have to surrender lost passports of many years, even decades ago, will still cause hardship. On the other hand, the new policy of requiring renunciation prior to an Indian becoming a citizen of the US or another country, if this is the case, requires immediate clarification as it will cause even more hardship and uncertainty than the withdrawn policy.
Update - 6/3/10
Since the publication of this post, the Indian Consulate in New York has added the following sentence after the first two points in its new guidance: "They may fill the Form and either send it by mail or bring personally to the Consulate. "A perusal through the form suggests that a person is required to renounce Indian citizenship after acquring the citizenship of the US or another country and not before. Thus, it does not seem that one has to renounce Indian citizenship before acquiring the ciitzenship of another country, and the second point in the new guidance is inartfully drafted on the website of the Indian consulate in New York. Although I still question how one can renounce Indian citizenship when it has ceased to exist (although it is perfectly justified to require the surrender of the Indian passport), it is at least better than requiring someone to renounce Indian citizenship before he or she acquires the citizenship of another country.

Posted by Cyrus D. Mehta & Associates, PLLC
 
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I sent this email today after having checked with my bank that the certified check was en-cashed yesterday(06/03/2010) after the FEE CHANGE happened.... it just does not make sense how would they still take the money of the OLD FEE on 06/03/2010...

Will POST if I get any reply....

Dear Dr. Kumar :

Request your help and response to my situation:

1. I and my wife became Naturalized US citizens on February 23, 2010 and obtained US Passports on March 18. 2010 and OCI Received at CGINY on May 12, 2010.
2. Spoke with Vice Consul Pushpa Kumar on 05/19/2010 and got the suggestion that to apply for both Renunciation of Indian Citizenship/obtaining Surrender Certificate and OCI at the same mail.
3. I had mailed application for myself and my wife for Renunciation of Indian Citizenship/obtaining Surrender Certificate and OCI to Consulate General of India. New York on May 19, 2010, which was delivered at the Consulate on May 20, 2010. This was confirmed by US Postal Service.
3. As required at that point, I enclosed a Certified Check for $ 350.00 payable to Consulate General of India, New York as application fees of $ 175 for each of us and mailing charges ($175*2 + 20).
4. Now that the fees have been reduced from $ 175 to $ 20 for each application, it means I am out of pocket for $ 155.00 for each application and therefore $ 310.00 for both of us.
5. I checked with my bank TODAY(06/04/2010) and they confirmed that the Consulate had en-cashed the certified check for $350 YESTERDAY(06/03/2010)
6. It does not make sense to process our application(s) with the old FEE STRUCTURE after FEE has been COMPLETELY revised to be $20.00 instead of $175 per application.
7. I DEMAND AN EXPLANATION and REFUND of my money ESPECIALLY since it was en-cashed AFTER the FEE change happened.

A sum of $ 310.00 is a substantial amount of money to have over paid.

Thanking you for your time and appreciate a prompt response.

Yours sincerely
 
The GOI should have just dropped the $175 fee altogether when they reconsidered this. Instead of stupid cut-off dates, they should just charge the token $20 to cancel the passport and deliver a piece of paper essentially endorsing the person's change in status. I realize it is a money-making exercise for them but it is still exorbitant and patently unfair to fleece people like this.
 
Mailed about $155 refund and got this response

From: Deputy Consul General [mailto:dcg@indiacgny.org]
Sent: Friday, June 04, 2010 11:26 AM
Subject: RE: REFUND OF EXTRA MONIES FOR INDIAN CITIZENSHIP SURRENDER CERTIFICATE‏

We have taken up the issue with Delhi and shall let you know in due course. Best wishes

Dr. A.M.Gondane
Deputy Consul General
Consulate General of India
3 East 64th Street
New York 10065
T: 212-774-0635; 212-879-7836
E: dcg@indiacgny.org
________________________________________
Sent: Friday, June 04, 2010 9:39 AM
To: cg@indiacgny.org
Cc: manmohan@sansad.nic.in; chavanprithviraj@sansad.nic.in; soniagandhi@sansad.nic.in; dcg@indiacgny.org; cpv@indiacgny.org; passport@indiacgny.org; ct@indiacgny.org; ambassadoroffice@indiagov.org; dcmoff@indiagov.org; voci@indiacgny.org; info@fianynjct.org; spmart2004@yahoo.com; nimeshdave@fianynjct.org
Subject: REFUND OF EXTRA MONIES FOR INDIAN CITIZENSHIP SURRENDER CERTIFICATE‏

REFUND OF EXTRA MONIES FOR INDIAN CITIZENSHIP SURRENDER CERTIFICATE

Dear Ministry and Consulate officers,

I have acquired US citizenship as of Aug 21, 2009 and as such following the bedlam surrounding the "Surrender Certificate," I have paid $175 for acquiring the same. This new volte-face regarding the reduction of the fee amount to $20 leaves many of us expatriates feeling discriminated against and cheated.

The amount of extra $155 that was capriciously charged is not trivial and I would strongly urge the ministry and/or the consulate to refund the excess fees as soon as possible.

Regards,

(based on template provided by Arjun)
 
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Here is a reply i received from CG @ NY at 10:00 AM today :

The new guidelines came into effect wef. 1st June, 2010. As of now, the fee already paid as applicable on the date of service rendered is not being refunded.


If there is any development in this regard, we will announce through our website.
 
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