• US citizen child - stay in India

Hi,
Both I and my wife are Indian citizens but my son (2.5 yr old) is a US Citizen. We arrived in India on September 4th, 2018. My son has a multiple entry 5 year Indian visa stamped on his US passport from an Indian Embassy. He has been here in India for 93 days straight now as a dependent. Here are some questions I would like you to address - 
1. As a US citizen how long can he stay in India? 
2. Is there any way to extend his stay as a dependent beyond the number of days provided in response to #1?
3. We want to stay in India until April 2020 and ideally avoid having to take him back to US until then. How can this be achieved? 

Appreciate your kind responses in advance!
Asked 5 years ago in Civil Law

3 answers received in 10 minutes.

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15 Answers

1. For 5 year, since he has a 5 year visa

2. No

3. When was this 5 year visa issued? 

Regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Your son is TOI so he can staying in India for unlimited period after getting registration please check the visa conditions that what kind of bees are he is on and you can decide otherwise please speak to Ministry of External Affairs to know the exact time period in his case .

So far as per my knowledge he can live 3 months in one entry.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

you can make an application for OCI for your minor child 

 

2)since both parents are indian citizens he would be eligible for OCI 

 

3) you  can fill in application form online 

 

3) upload necessary documents like birth certificate , passport of child and also of parents , address proof etc 

 

4) you can make application for extension of visa for child 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Dear Client,

 

Period of stay in India for each visit is limited to six months, extension is permitted, depends on case to case.

Apply for OCI.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1. On this visa upto 5 year and for continuous period of 6 months, which can be further extended and he can apply for OCI as on the fact that parents are Indian.apply online and visit frro office.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

PIO card holder is required to register with local authorities for any stay longer than 180 days in India on any single visit, while OCI is exempted from registration with local authorities for any length of stay in India.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

It takes about 45 to 60 days

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

OCI card can take around 2 months if applied today if the period of 6 month is expiring you need to take the child back to US for some period.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

It takes about 60 business days from the time the application is sent from the CKGS Application Center to the Consulate until the time your physical OCI card is received by the Consulate from India.

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

The processing time for OCI application usually takes 8–10 weeks after a complete application i submitted to the consulate.

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

If the visa is valid for more than 180 days and the foreigner intends to stay in India continuously for more than 180 days, then every such foreigner entering India or resident in India shall present in person or along with an authorized representative to the satisfaction of the appropriate Registration Officer at the place of his stay within the specified period mentioned on visa except certain visa categories requiring registration within the specified time. Such registration shall not be necessary in the case of a foreigner entering India on a visa valid for a period of not more than 180 days and who does not remain in India beyond the said period, unless, specific endorsement/observation is made on the visa by the Indian Mission.

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Don't worry go to the Consulate/Registrar as the case may be and on your ground his visa shall be extended as long as you want.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Once application is filed and pending than even if period of six months lapse, on this point extension may be grant.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1.  A child born in the USA is a U.S. citizen by birth. If such child is born to IndianParentage, an Indian passport can be obtained for a U.S.-born child if: The birth of the child is registered at an Indian mission in the U.S.; and. The child has not obtained a U.S. passport.

 

2. So your child will be an Indian citizen by descent if registered at an Indianconsulate within one year of birth, and the parents must declare that the child does not hold the passport of another country. ... If your child later wants to visit theU.S., they will definitely not allow him/her in without a U.S. passport.

 

3.An Entry visa (recommended if parents are Indian citizens) can be obtained for 6 months 1year and 5 years and usually take about 3 business days . ... You do notneed to get a visa if you are getting an OCI. 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Applicants are advised to refer the Documents Required page under OCI Section on the website, in order to organise the documents
before visiting the centre, to avoid any disappointment.

1. Identify the type of service you wish to apply for (New OCI/Miscellaneous Service i.e. Transfer of OCI or replacement of a
lost/damaged OCI/transfer of PIO to OCI).
2. Check the Fees Required
3. Fill in Online Application, selecting the correct jurisdiction
4. Applicants are required to do the following before proceeding with the appointment creation.
• Upload your photo, signature, passport copy and supporting documents on the OCI registration website. The process
guidance for the same has been provided on the OCI website hosted by the Indian Government. Note: Photo &
signature upload are required during the start of the application and documents are required to be upload after the
filling the application form. Also, applicants may not be able to load all the supporting documents, as there are limited
options asking for specific documents. Hence only load the documents that are mentioned on the drop down menu
on the website.
• Carry the documents in two separate bundles – 1. Originals 2. Photocopies of the originals.
• For documents required please read & follow the requirements provided on the documents required page (additional
information has been provided for minor applicants).

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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