Oci

[immihelp]

Myself, my wife and my kids are US citizen and OCI card holders. We visited Mumbai, India on Dec. 12th with our US passports and OCI cards. And my kids were denied entry to India and were sent back to US in the same return flight. The reason: My kids had new US passports and did not have the old passports containing U-visa stamp.
So OCI card holders has to carry the passport bearing the U-visa stamp and OCI cards which is a more requirement than the normal visitor who only needs to carry the Indian visa.
The web site suggests:
Foreigners carrying a valid PIO (Person of Indian Origin) Card or OCI (Overseas Citizen of India) Card along with their valid national passport are authorized to enter India without obtaining India visa separately.
But in reality, Indian visa is required for OCI to enter India. The immigration officers at the airport are too rigid (or stupid) to understand that OCI card holders are not illegal if they don't have the U-visa on their new passports. A fax copy of U-visa can be obtained and provided. Transit Landing Permit or Transit Landing Facility (TLP/TLF) should be provided to OCI card holders so the original passport can be obtained within 72 hours. There could be many other ways to solve the issue positively, but there is a rigid policy that OCI card holders have to go back in the same flight if they don't have the U-visa stamp. The Indian government should spend more resources on terrorists who fool the coastal guards and border securities than on the immigration officers who always try to harass the normal citizens.

[immihelp]

U-visa stamp is what entitles you to entry into the US. Therefore, you must carry your old passport that has U visa. Just carrying OCI booklet is no good.

I am in no way related to Indian government and just stating you the law.

[immihelp]

I acknowledge that OCI card holders has to carry U-visa stamp on the passport. But my question is that if OCI card holder does not have U-visa stamp, it should not be the end of the world. OCI card holder is not an illegal person. There should be a way to find the solution. As I mentioned, something like Transit Landing Permit or Transit Landing Facility should be provided with some fee. A fax copy can be obtained as an immediate temporary proof. What is the purpose to deny the entry of legal overseas citizens? OCI card holder should not be treated same as the visitor arrived with no legal documents.

[immihelp]

I know. I completely understand your sentiments. We were just discussing about your case internally.

They should find out some practical solution. They should think about it this way "Who wants to go to India anyway, particularly, the US born children? Parents are taking kids to India."

But they are not going to listen.

This has happened to others in past as well and it has been in newspapers also.

I can understand how tiring it is to travel to India from US one way and then travel right back is simply too much. And I can imagine the ruined vacation, and waiting relatives in India. It is a disaster.

I am really sorry for what happened.

[immihelp]

I understand when a normal visitor goes to India with new passport and do not have the old passport with Indian visa stamp. Yes, the entry can be denied at the airport. But when you have a proof that you are a legal Overseas Citizen of India, how can they deny the entry. This is not the same case. OCI regulations are too new (since 2006) for everybody, including the immigration officers to understand the actual purpose.

In addition to all that difficulties you mentioned, in return flight there is no proper seating, no proper meal, no proper connecting flights, the misplaced luggage, etc. it is beyond the imagination until you really face it.

[immihelp]

Another important reason why this happens to passengers is that, when you leave US, they don't really properly check whether you are entitled to enter India. You don't really go through immigration. Just the airline staff and I don't think they understand OCI, PIO etc.

This happens very rigorously when you try to board the plane in India to go to US. They check whether you have US visa, advance parole, greencard or US passport.

If they do checking like that at the US airport, such incidents can be avoided.

[immihelp]

Do you think the airlines is partially responsible for this problem? Shall I ask for some kind of reimbursement from airlines? Not legally but for reputation, they may try to compensate. What do you think?

Thanks.

[immihelp]

Well, it is airline's responsibility to ensure that the person has proper travel documents to enter the destination country.

Therefore, you may be able to do something about it.

[immihelp]

If you see any case in the past where carrier has reimbursed for this kind of problem, please let me know.

Thanks.

[immihelp]

I can't really comment on this particular case. But the general rule is that they have to ensure that the passenger is authorized to enter the destination country.