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not applying for usa passport after oath.

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  • not applying for usa passport after oath.

    my wife has her naturalisation interview on feb17,24.
    she has to travel to india on feb26,24 for a period of 5 months.
    SUPPOSEDLY they also administer oath the very same day: (she would have to surrender her green card, right?)

    will she be granted entry back in usa, with the following scenario:

    1. retaining (feb24 to july24) the indian passport & travelling to india till july24. (after the oath)
    2. not applying (feb24 to july24) for usa passport. (after the oath)
    3. non renunciation of indian citizenship. (feb24 to july24) (after the oath)
    4. on return to usa (july24), apply for usa passport & thereafter oci.

    will she be contravening any law/rule?

    what if oath not administered on feb17,24 & she travels to india on feb26,24 for 5 months. (with indian passport)

  • #2
    She may be able to get a US passport for urgent travel quickly, including applying directly at a passport agency.

    The problem is not with the US but with India. The US doesn't care if a US citizen travel on another country's passport, and she will still be able to get a US passport while in India. But under Indian law, an Indian citizen who naturalizes abroad automatically and immediately loses Indian citizenship, without any other action needing to be taken, so it would be fraudulent to present herself as an Indian citizen. If she doesn't get a US passport while in India, the airline will not let her board the flight back to the US, because she does not have an acceptable document to board a flight for travel to the US. If she does get a US passport while in India, how will she exit India? She cannot use her US passport because she did not use it to enter India, so there is no record of her stay. And if she uses her Indian passport to exit India, they may ask her how she will enter the US, as she has no US visa or green card.

    Rescheduling the oath is possible, but I am not sure if it is possible to delay it by 5 months.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Indian rules provide some grace period before you do renunciation of your Indian citizenship. But in your case where travel is at short notice after oath, you need to do the following. You can't travel with Indian passport to India after you gain US citizenship. They may not check now but it can cause issues while obtaining OCI. Best is to get Indian visa on US passport.

      1. Apply US passport on emergency basis (Same or next day service) at your local passport agency. Proof of travel within next few days is required.
      2. Apply for E-Visa to India (Can take upto 72 hours)


      Regarding oath rescheduling, you can do it once but when they reschedule it next time is not fixed. My spouse had to reschedule oath and was able to do it without problem. But you can't miss oath after the 1st rescheduling as that can lead to your application being cancelled due to abandonment.
      Last edited by Donald_Trump; 01-28-2024, 05:02 PM.

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      • #4
        You should get your wife to apply for the emergency passport before going to India. As far as I know she will need a US Passport in order to reenter the US and won't be able to until she gets one!

        https://do.usembassy.gov/do-not-trav...nited%20States.

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        • #5
          thanks for the replies.
          but i believe to apply for an 'urgent' passport, my wife would have to produce the flight ticket - right?
          flight tickets mostly are non-refundable nowadays, what if her passport is not made available before the journey?

          also, she would have to apply for india e-visa, right?
          (that too, after procuring the usa passport - right?)

          'usually' in what no. of days the NEW usa passport (non-urgent) arrives if applied at the post office.

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          • #6
            Originally posted by auditorpnine View Post
            thanks for the replies.
            but i believe to apply for an 'urgent' passport, my wife would have to produce the flight ticket - right?
            flight tickets mostly are non-refundable nowadays, what if her passport is not made available before the journey?

            also, she would have to apply for india e-visa, right?
            (that too, after procuring the usa passport - right?)

            'usually' in what no. of days the NEW usa passport (non-urgent) arrives if applied at the post office.
            Most tickets from US are fully refundable if cancelled within 24 hours. Also many airlines provide hold facility for free like American airlines where you can hold a ticket reservation for 1 or 2 days without paying. Just book it and show the reservation to the passport agency. They just want to look at the paper showing the date.

            Yes, e-visa will be on US passport obviously. You can't get an Indian visa on an Indian passport which will not make any sense.

            Also, routine passport is 6-8 weeks and expedited is 2-3 weeks if applied at post office (This info is public on US passport website).
            Last edited by Donald_Trump; 01-29-2024, 08:15 PM.

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            • #7
              Originally posted by okccanary View Post
              As far as I know she will need a US Passport in order to reenter the US and won't be able to until she gets one!
              Entering the US is not the actual problem -- if she manages to make it to a US port of entry, with her Certificate of Naturalization and other ID, they cannot deny her entry. But she will not be able to board a flight to the US with that. Of course, she can get a US passport while abroad. But I don't know what problems that will cause with the India side of things.

              This is my personal opinion and is not to be construed as legal advice.

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              • #8
                if she is administered the oath same day (feb17) as interview....

                following day she applies for usa passport at the usa post office.

                usa passport delivered on: march30 (probable?).

                the same day(with usa passport in hand) can she then apply for india evisa without going through the india passport renunciation process, then on arrival back to usa (within 6 months) renunciate the indian passport & apply for oci.

                india evisa (for 6 months) is $40 and takes about 4 days, right?.

                Comment

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