PIO Got Rejected becuase my visa extension is in progress

[keepsmiling]

Hi,

Please suggest me what should I do in below scenario.

I am on L1B Visa and My baby is born in usa and we got Birth certificate and US passport for our baby. Now When I am applying for PIO(minor) through BLS, it got rejected because of below reason :
Reason : For VISA Status proof of Parents , BLS is asking approved copy of Visa extension.

My situation : I have applied for Visa extension and have valid I797 Form (Receipt) , the one which give rights to be in USA till the decision is made or max 240 days.

My trouble is that , since I can not have approved copy of VISA extension till decision is made from USCIS , the only form provided from USCIS is I797 receipt , unfortunately if my VISA get rejected then how can I take my baby back to India.

If any body has gone through such phase please suggest probable solutions.can i apply for any visa for my baby?or anyway by which i can take along my child with me and can apply for PIO from india?

please provide helpful suggestions as we are really tensed about this situation.

Thanks in advance.

[keepsmiling]

plz replyyyy someone really need advice

[keepsmiling]

plz replyyyy someone really need advice

[milli]

You should be able to get a tourist visa.

[keepsmiling]

You should be able to get a tourist visa.

thnx milli for reply,but my doubt about tourist visa is that my baby can stay only for 6 months in ind,then again have to exit the country and can re enter after 2 months only but tht will be difficult for us.so confused between Entry visa and Tourist visa.so if can throw more light on it ,i will be glad.

[ravi_niu]

PIO Got Rejected becuase my visa extension is in progress

It is a very tough situation indeed. All you can pray is that your L1 gets extended. I have been advising parents on visa status, who have American born kids to get Indian passports for kids. It's is possible by notifying the embassy or consulate before even applying for any kind of American passport. This saves these kinds if problems and uncertainty.
In this scenario if your extension is denied you can take the kid on a tourist visa to india and apply for PIO at the FRRO in Indian metro cities. I have no idea what happens after that.
I have know some parents on visa who got denied and had a tough time, cause the embassy was late in issuing documents and the parents became overstays. This jeopardizes your future chances.
Best of luck
Again this is my opinion not legal advice.

[keepsmiling]

It is a very tough situation indeed. All you can pray is that your L1 gets extended. I have been advising parents on visa status, who have American born kids to get Indian passports for kids. It's is possible by notifying the embassy or consulate before even applying for any kind of American passport. This saves these kinds if problems and uncertainty.
In this scenario if your extension is denied you can take the kid on a tourist visa to india and apply for PIO at the FRRO in Indian metro cities. I have no idea what happens after that.
I have know some parents on visa who got denied and had a tough time, cause the embassy was late in issuing documents and the parents became overstays. This jeopardizes your future chances.
Best of luck
Again this is my opinion not legal advice.

hey ravi_niu,

thnx for ur advice .But now as we already have US passport for our baby so we cant get indian passport.

and my question was what kind of visa should i get for my baby ,Entry visa or Tourist visa? And i want to apply for it beforehand so as u said u know few parents like this ,so what visa they have applied for their baby to go to ind.and whats the validity of that visa.becoz i have heard that on torist visa people can stay 6 months at a stretch and then have to leave for 2 months and can re enter.
and entry visa can be applied for 5 yrs,but dont know much about that visa and whether we can apply PIO card on that visa.

basically we want to know if someone had such experience what visa they applied for baby so baby can stay with us for long time in india and can apply for PIO from india.

[ravi_niu]

PIO Got Rejected becuase my visa extension is in progress

You apply for PIO for the child based on the parents nationality. Visa status for the child is not an issue since PIO transfers it automatically.

Take the child on a tourist visa to India if your L1 is not extended. Within 6 mo apply PIO. Only catch is that the child needs to be registered in india with the police or FRRO every 6 mo for life as PIO.

I have know parents who moved to india for good and have applied for Indian citizenship in India for their american kids which takes a long time. Though America does not accept it till the 18 th birthday of the kid.
Be prepared to pay NRI fees for schools etc in India. Not that it matters much.

[amrit1123]

PIO for Minor Kid

I was in the same situation while i was at US wherein my visa L1B was in extension while my son was born and ultimately got denied. Below is what i did for getting a PIO card for my son

First of all if your visa is already in extension and your kid is born during that time you can not apply for PIO in USA and the application will be denied my Indian Consulate so do not waste time applying for a PIO instead apply for an Entry(x)visa and get your kid to India without hassles. Indian consulate will issue the entry visa. Please note that although you can get a visa with max term of 5 years but the max time you can stay in one go is 6 months

After landing in India you can apply for PIO via FRRO if you have a visa validity of more than 1 year.Now you need to be lucky enough to have a FRRO in your city. FRRO is in the following cities at this point.
In case you do not come under any of the cities listed in the website above then you have to send the application to delhi office yourself which becomes problamatic

Luckily for me i stay at mumbai and oersonally applied at FRRO mumbai. It took 45 days for the PIO card to be issued

Now i have read in lot of forums that you need to appostille your childs birth certificate and re apostille at new delhi. I had got my sons birth certificate apostilled at USA and that worked.

I never saw a proper reply on any forumso thought would just share my story of getting a PIO

Cheers