PIO Appl in India for Minor ( Entered on Indian passport, got US passport in India ,No Indian Visa)

A

abc_xyz

Registered Users (C)
Hi All,
I have strange situation and I am trying to find some clue about how to get PIO for my minor son( 13 year old). I will appreciate if forum members can guide me on this.

- I relocated to India in May 2008 with approved N-470.
-In August 2010 me and my wife went to US for citizenship interview and oath and subsequently became US citizens.
-When we traveled for getting Citizen, we left our son who was having green card in India as this was supposed to be couple of weeks trip.
-I came back to India with my wife after obtaining Indian Visa from US consulate ( we also got PIO card for myself and my wife subsequently) in Aug 2010.
-We approached US Consulate to apply for my son's passport, but they suggested us to apply it in US as after we became citizen, my son never traveled to US.
-In order to apply for my son's passport, I went to US along-with my son and applied for my son's passport.
-After applying for my son's passport in US, me( on US passport with PIO card) and my son ( on Indian Passport) came back to India in Dec 2010.
-My son's passport arrived at my US address in Jan 2011 which I subsequently got in India in April 2011 through a friend.
​
-So here is problem statement. I want to apply for PIO for my son who last entered in India on Indian Passport and subsequently got US passport (without travelling to US) in India.


Can someone help me through this and guide me on next steps. Also, is his legal status invalid at this point in time?

I can fill more details if required in case someone needs to know more about this.

Thanks In Advance
abc_xyz
 
You made a big mistake by letting your son travel on an Indian passport when clearly he was a US citizen, which si a clear violation of Indian passport rules. If possible return to US and then apply for PIO or a visa in the US. Please note that you cannot use your son's US passport to leave India. Do you still have his green card and Indian passport?
 
nkm-oct23 said:
You made a big mistake by letting your son travel on an Indian passport when clearly he was a US citizen, which si a clear violation of Indian passport rules. If possible return to US and then apply for PIO or a visa in the US. Please note that you cannot use your son's US passport to leave India. Do you still have his green card and Indian passport?
Click to expand...

nkm-oct23,

Thanks for responding.

Here is my understanding.
-When I traveled with him to USA he was still Indian Citizen, applied his US passport only after reaching to US. During this journey, I traveled on US passport while my son traveled on Indian Passport with Green Card. Whole reason we had to make this trip was based on the direction we got from US consulate in Chennai that to apply for passport he has to be atleast once in US after me and my wife received our citizenship. We applied for his passport on 7th Dec 2010.
-On 9th Dec 2010, both of us came back to India. I entered India on US passport with PIO, while my son entered in India on Indian Passport as he did not had any other passport at this point in time.
-Once we reached India around 3-4 weeks after that my son's passport was issued in US and shipped to my US address.
-I got my son's passport from USA to India via friend ( not sure if I am supposed to do this or not).
-Since than he has not traveled outside of India. So current situation is that his last entry in India is on Indian Passport in Dec 2010, received his US passport while in India. Now we are trying to find a way to see if we can get PIO for him so that he can freely travel in and out of India.

Thanks and Regards
abc_xyz.
 
You son returned to India on his (now invalid) Indian passport. He was US citizen on the day he entered India on his Indian passport, which is a violation. I think you can pay a fine to overcome this but he cannot apply for Indian PIO in India unless he entered India on a foreign passport with a valid Indian visa.

Are you planning to live in India for good?

You can make another trip to US, get an Indian visa (which takes 1-2 weeks), return to India then apply for PIO in India, OR,
make trip to US, apply for PIO in US (takes 3-6 weeks).

Your son SHOULD use his Indian passport + green card to make this trip.
 
nkm-oct23 said:
You son returned to India on his (now invalid) Indian passport. He was US citizen on the day he entered India on his Indian passport, which is a violation. I think you can pay a fine to overcome this but he cannot apply for Indian PIO in India unless he entered India on a foreign passport with a valid Indian visa.

Are you planning to live in India for good?

You can make another trip to US, get an Indian visa (which takes 1-2 weeks), return to India then apply for PIO in India, OR,
make trip to US, apply for PIO in US (takes 3-6 weeks).

Your son SHOULD use his Indian passport + green card to make this trip.
Click to expand...

So it seems that you are saying that his travel to India on Indian Passport was Invalid even at that point in time he did not hold US passport ( only applied for it). I am under impression that he became US citizen the day his passport is issued and not the day his passport application is made.

When we applied for his passport, passport office took his Green Card so we don't have green card for him. How do we get PIO for him now? Couple of ways I am thinking are:
1. My son gets exit Visa from India. Travels to US on US passport. Apply for India Visa or PIO and then re-enter India on US passport.
2. Get Indian Visa locally in Bangalore ( I am not sure if this is possible or not). Once we get Indian Visa, apply for PIO in India itself.

I am not sure if any of those are workable ( or any one has gone through similiar situation), but I will really appreciate inputs from people over here.

Thanks Again

Regards
abc_xyz
 
You son became a US citizen the minute he landed in the US with you because he then met all the requirements of US citizenshup under child citizensip act of year 2000.
Passport office will mail his green card back, have someone check your mail in the US.
You cannot get an India visa in India. I am not sure what an exit visa is but you will have to jump through many hoops to get out of India.
Are you planning to live permanently in India? How old is your son?
 
Hi abc xyz,

I have a situation somewhat similar to yours.
Did your case get resolved ?

I am also in India on n470 on an assignment.

I am also getting my us passport traveling to US soon.
You mentioned that you got an India visa in the US to travel back to India and got PIO subsequently.

My question is : Did you get the PIO in the US or in India ? How long did it take ?

I am wondering if I should also take a visa to come back fast. But I am unsure as I am actually working in India.

I greatly appreciate your help.

Thanks

My
abc_xyz said:
Hi All,
I have strange situation and I am trying to find some clue about how to get PIO for my minor son( 13 year old). I will appreciate if forum members can guide me on this.

- I relocated to India in May 2008 with approved N-470.
-In August 2010 me and my wife went to US for citizenship interview and oath and subsequently became US citizens.
-When we traveled for getting Citizen, we left our son who was having green card in India as this was supposed to be couple of weeks trip.
-I came back to India with my wife after obtaining Indian Visa from US consulate ( we also got PIO card for myself and my wife subsequently) in Aug 2010.
-We approached US Consulate to apply for my son's passport, but they suggested us to apply it in US as after we became citizen, my son never traveled to US.
-In order to apply for my son's passport, I went to US along-with my son and applied for my son's passport.
-After applying for my son's passport in US, me( on US passport with PIO card) and my son ( on Indian Passport) came back to India in Dec 2010.
-My son's passport arrived at my US address in Jan 2011 which I subsequently got in India in April 2011 through a friend.
​
-So here is problem statement. I want to apply for PIO for my son who last entered in India on Indian Passport and subsequently got US passport (without travelling to US) in India.


Can someone help me through this and guide me on next steps. Also, is his legal status invalid at this point in time?

I can fill more details if required in case someone needs to know more about this.

Thanks In Advance
abc_xyz
Click to expand...
 
PIO card registration...

Dear All,

I need some urgent advise, My wife exited india on the PIO card, the immigration officer wrote a remark on the passport "DOPP PIO" with the exit stamp. Is there anything to worry.???

Also My wife got the PIO card from India only and after which she stayed in india for some 1 year and more. The issuing of the PIO card is also stamped on her registration booklet.

Does she Need another registration as she stayed more than 180 days after got issued with a PIO card from India.

Initially she got registered on the entry VISA when she first entered India.

Please if anyone can advise as of what to be done if i have failed to get Registration and now i intent to enter India again.

Thanks for your attention,

Harpreet Singh
 
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