What to do about our visas (Indian origin issues)?

[mohan123456]

I used to be an Indian citizen and later became a naturalized US citizen. Still have my (now expired) Indian passport which I never surrendered. I have a valid Indian tourist visa that I got 3 years ago which is valid for another 7 years. My 11-year old daughter (US-born, US-citizen) used to have an Indian tourist visa which just expired. We need to visit my parents at the end of July. My questions -

(a) My daughter is of Indian-origin clearly, so needs an Entry Visa. The problem is that they will ask for my Indian passport to prove she is of Indian-origin, and that passport has not been canceled since I never did the Indian citizenship renunciation. But it is clearly against rules for me to claim she is not of Indian-origin (to bypass the problem, and get a tourist visa instead of an entry visa) because she obviously is.

(b) What happens to my own tourist visa? Will it work for travel to India? Or will they take one look at me and tell me I need an entry visa and not let me into the country?

What is the smoothest way to make this work so we can visit India as planned.

[guest1234]

Do you have any latest info to share?

I am in the same sort of situation - valid Indian Visa on a valid US passport- while Indian passport has not been cancelled yet. Can I travel to India on my existing visa? Is cancellation of Indian passport a prerequisite to travel to India in my case? Do you have any latest info to share? Thanks.

[CBUS]

First of all you need to surrender Indian passport for cancellation. Effective June 01, 2010 rules have changed. Please read CGI column . Your Indian passports will be cancelled and returned to you. If you have any valid visa's in Indian passport they too will be cancelled. You need an entry visa to enter India; otherwise will have to process OCI. You can begin your daughers visa process once you cancel your indian passport to avoid further inconveniences.

[hlathia]

If you have a valid tourist visa you do not need a Surrender Certificate or a canceled Indian passport to travel to India (see New York Consulate web site).

As far as a new entry visa for your daughter, they need your Indian passport to prove that she is a child of a PIO. It has nothing to do if the passport is canceled or not. My US born daughter just went through this process past week.

For any future service from Indian Consulate you will need a copy of canceled Indian passport or a Surrender Certificate. For example, if US passport is lost and you need a new visa, your US passport is expired and you need to transfer your current visa to a new passport.

For whatever people think, you cannot get away from dealing with the Indian Consulate. It is in the best interest of every one to get his/her Indian passport canceled and keep it in a safe place.

[mohan123456]

Update for others who may have the same issue.

I was able to travel on my tourist visa just fine. There is no problem and you do not need an entry visa if you have a valid tourist visa. They ask no questions and create no problems when you are entering or leaving India. I checked with Travisa before I left and they said this is absolutely fine. I can travel on my tourist visa for the next 7 years if I want (i.e. until it expires). When your tourist visa expires and you need a new visa, then it will have to be an entry visa if you are a person of Indian-origin. They will not issue any new tourist visas to Indian-origin people anymore. The ones already issued are fine and will run their course. They are not being revoked or disrespected or anything.

The Travisa people did suggest to me that I should consider getting an entry visa soon because it does not have the two-month blockout period between visits that a tourist visa has and one never knows if one has to travel to India suddenly for something. I met someone that has done that - they simply mark your tourist visa "Canceled without prejudice" (I saw it in his passport) and issue you a new entry visa. They do charge you for the new visa. When you apply for the entry visa, you also apply for passport cancellation and file your citizenship renunciation form. This happens together - you do not need to renounce and cancel first and then wait to get that done before you apply for your entry visa. They will simply take the renunciation form, the entry visa application form, the old uncancelled Indian passport and your American passport together and process the whole thing in one bundle. You do the whole thing through Travisa and do not need to go to the consulate. Makes it very convenient. I have not done this yet, but will soon. If you have any confusion, just submit the forms in person at the Travisa office - the site discourages you, but lets you make an appointment. They are knowledgable and polite (it is not at all like dealing with a government office in India). You can submit your forms and everything in person by making an appointment and then receive the completed stuff back via mail later.

For my daughter's entry visa, I simply showed my Indian passport (which is uncanceled as mentioned above). They created no problems at all and gave her an entry visa. They made absolutely no comment about getting it canceled or anything. Turned out to be absolutely non-stressful.