Dear client,  

I understand that you're seeking assistance for your friend's situation, but I'm sorry to inform you that I'm unable to provide specific lawyer recommendations or legal assistance myself. However, I can offer some general guidance.

In your friend's case, seeking asylum or Indian citizenship would involve complex legal processes and requirements. It is essential for her to consult with an immigration lawyer who specializes in Indian immigration and asylum law. They will be able to provide accurate advice based on her specific circumstances and guide her through the appropriate legal procedures.

To find a suitable lawyer, you can consider the following steps:

Referrals: Seek recommendations from trusted friends, family members, or acquaintances who may have had experience with immigration lawyers or know someone who has.

Local bar associations: Contact the local bar association in your area or the area where your friend plans to seek legal assistance. They may be able to provide a referral to an immigration lawyer who specializes in asylum or citizenship cases.

Online directories: Utilize online directories or platforms that list immigration lawyers, their specialties, and client reviews. Examples include Avvo, Justia, or the American Immigration Lawyers Association (AILA) directory.

Once your friend has identified potential lawyers, she should schedule consultations with them to discuss her specific situation, legal options, and the feasibility of seeking asylum or Indian citizenship. During these consultations, she can assess the lawyer's expertise, experience, and comfort level in handling her case.

It's important to note that the specific legal processes and requirements for seeking asylum or Indian citizenship can vary depending on the circumstances and jurisdiction. Therefore, consulting with a qualified immigration lawyer will provide your friend with the most accurate and up-to-date advice tailored to her situation.

She cannot get Indian citizenship as her husband is US citizen 

if her husband has OCI card then Foreign spouse of OCI card holder is eligible to apply for OCI provided that the applicant's marriage is registered and has subsisted for a continuous period of not less than 2 years immediately preceding the application.

If she is married to Indian citizen then only she can claim citizenship 

•  Asylum in India: Seeking asylum in India would typically involve demonstrating a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. 
  
• Indian Citizenship: If your friend is considering obtaining Indian citizenship, she would need to meet the eligibility criteria set by the Indian government. This may involve fulfilling residency requirements, passing language tests, and demonstrating a commitment to Indian values and culture. An immigration lawyer can assist in understanding the specific requirements and procedures involved in obtaining Indian citizenship.

The Office of Enforcement Operations and the foreign country make the final determination on a Treaty Transfer. Several factors will determine whether or not an inmate is eligible, examples include:

• The inmate must be a citizen or national of a foreign country having a treaty relationship with the United States. In the instance of inmates who claim dual citizenship, it will be the responsibility of the inmate to provide proof of citizenship or nationality for the foreign country.
• The inmate must not be committed for a military offense.
• The inmate must not be sentenced to the death penalty.
• The inmate must not be committed for a political offense.
• The inmate must have at least six months remaining on his current sentence at the time of his request. (Certain countries may require a longer period).

The inmate will be scheduled for a verification of consent hearing before a magistrate judge. He either agrees to transfer or can at this time, decline transfer. Once an inmate agrees to transfer, the foreign country is notified and a schedule for the inmate's transfer is established.

An inmate must be approved by both the US and the foreign country in order for an inmate to be transferred to his or her country of citizenship.

From the above it can be noted that you being a Bangladeshi citizen, not eligible for transfer to India as an inmate. 

As far as Asylum is concerned:

India does not have any specific legislation dealing with the problem of refugees and asylum seekers. At present, refugees were treated as par with the foreigners and all laws applied to foreigners were also applied to them.

An asylum seeker is a person who has left their country and is seeking protection from persecution and serious human rights violations in another country, but who hasn't yet been legally recognized as a refugee and is waiting to receive a decision on their asylum claim. Seeking asylum is a human right.

However in your case the chances for getting asylum in India is very bleak  specially on the basis of the fact that you married an US Citizen.

She can make an application for registration justifying her want for acquiring the citizenship. She should in detail justify that her reason for acquiring citizenship comes under 'Special Circumstances or if she had grandfather who was Indian, then she can get citizenship by descent. That can be done through Plethora of cases. If not, registration under Sec 5(4) of Citizenship Act, 1935 is the only solution. The Section reads as follows -  By Registration (Section 5(4))

Any minor child can be registered as a citizen of India under Section 5(4), if the Central Government is satisfied that there are ?special circumstances? justifying such registration. Each case would be considered on merits. Application shall be made in Form-IV.

Procedure

• Application in relevant Form for grant of Indian citizenship by registration under section 5 has to be submitted to the Collector/District Magistrate of the area where the applicant is resident. The application has to be accompanied by all the documents and fees payments as mentioned in the relevant Forms. It is very important that applications are complete in all respects otherwise valuable time of the applicant would be lost in making good the deficiencies after they were detected.     
•                   The application along with a report on the eligibility and suitability of the applicant is to be sent by the Collector/District Magistrate to the concerned State Government/UT Administration within 60 days.
• Thereafter, the State Govt./UT Administration shall forward the application to the Ministry of Home Affairs (MHA), Government of India within 30 days.

• Each application is examined in MHA in terms of the eligibility criteria under the Citizenship Act, 1955 and the Citizenship Rules, 1956. If the applicant is not fulfilling the eligibility criteria, communication to this extent would be sent through the State Govts./UT Administration.
• Any deficiency in the application would be brought to the notice of the applicant through the State Govt./ UT Administration. The applicant, thereafter, has to make good the deficiency through the State Govts./UT Administration. No correspondence would be made directly with the applicant. However, a copy of the correspondence through the State Govts./UT Administration would be marked to the applicant. Each applicant whose case is found to be eligible after scrutiny of application is informed about the acceptance of his application through the State Government.
• The applicant should not renounce his foreign citizenship till the citizenship application is accepted and informed of the decision. The applicant is then required to furnish through the State Government, a certificate of the renunciation of his foreign citizenship issued by the mission of the concerned country, proof of fee payment as per SCHEDULE IV of the Act, and personal particulars in Form-V. Thereafter, a certificate of Indian citizenship is issued to the applicant through the State Government.

For any further clarification, feel free to contact me- +[deleted]

- India does not have any specific legislation dealing with the problem of asylum seekers, hence she cannot get citizenship of India on this ground , and specially when she is a married lady of US citizen.

- Further, if her husband is having OCI status , then through him , she can get the citizenship of India.