What should be my decision?

How many challenges Viswa can handle at the same time? He lost his father in law, rushed to India to perform his rites, returned to the US and got buried with work, succeeded in getting his wife and mother-in-law back to the US and settled down with the family peacefully just for a month. I thought through the challenges facing me and the biggest of them all is the need to move back my mother in law back to India in six months, if I don't file adjustment of status. So, I initiated discussion with my immigration attorney, and starting from birth certificate for 72 year old mother-in-law to getting an affidavit from one of her relatives who is older than her to certify that her family is known to him/her and was born to her parents, nothing was easy. My wife being a sponsor, her birth certificate, our marriage certificate, our combined income information for 3 years, etc. were organized.

Finally, I handed over all the documents to the attorney for filing thinking that my responsibility is over. Within 15 days, we received a notice for biometrics and I asked my wife and mother in law to go to the immigration office. They came back with a bad news that due to the nature of domestic work she carried out back in India for 50 years plus, her finger print quality was very poor. When I called up the attorney, he told me that it is very common for elderly Indian women and the immigration office would set up another appointment to take finger printing, if the quality of finger printing is not approved by the department of homeland security. If that also fails, we have to go to a local police officer to get him certify that she has no criminal record in the United States. Then the green card processing will be back on track. However, the attorney assured me that there won’t be any issue in her traveling in August as my wife and mother in law are planning to leave for India to arrange the first anniversary of my father in law and I have to leave early October.

Simultaneously, our 10 year multiple entry visa expires this year and my wife came up with the idea that it might be a good idea to get Overseas Citizen of India card this time. I looked up the documents needed for this process and time frame to complete it and my head started spinning. As there is no consultant to do that process, I decided to do it myself. I consulted a doctor couple who obtained OCI card recently. Oncologist wife told me that I have to consult Dr.J (Gastroenterologist) as he was instrumental in successfully completing the process. After consulting him and after reviewing the document request, I started assembling the required documents systematically.

The applications form for the OCI card is available in a government website and I filled them up online for each one of the family members. Then I switched gears to find out information on surrender certificate. If we have original Indian passport, then, we need to complete Renunciation Certifcate Form, if we don’t have original Indian passport but naturalized before June 1, 2010, and over 10 years ago, then, we need to complete Surrender Certificate Form, else, complete Renunciation Declaration Form.

Then I went through the penalty clauses. If we held Indian passports and used it to obtain miscellaneous services from Indian Consulate without declaring naturalization, then, we need to pay penalty of $ 250 for each such occurrence. If any of us traveled using the Indian passport after becoming naturalized citizen of the US, we need to pay penalty of $ 250 for each such occurrence. It is good so far. However, there is also a provision that said if we held passport that expired after January 1, 2005 and it was not formally canceled due to naturalization within 3 years after obtaining naturalization, then, we have to pay penalty of $ 250 per person.

When we obtained 10 year multiple-entry Visa in 2004 after naturalization, the Indian consulate office requested us to send the US passport, last held Indian passport along with the fee for multiple-entry Visa. When we received Visa, all the documents were returned including Indian passport without any cancellation entry due to naturalization. We never used any of the Indian passports after we were naturalized and we always traveled using the US passport for all our trips.

My head logically told me not to pay this penalty as it is unfair when my heart told me to pay penalty along with other consular fees and get the OCI card as early as possible. Can I afford to get a rejection from the Indian Consulate considering the time limit and the effort involved in filing these applications? Viswa decides to comply with the requirements as it is not a good time to fight for the righteousness.

When compared to how much patience one needs to obtain visa to come to the US, obtain green card and finally obtain the citizenship, I can afford to comply with the requirements of the Indian consulate and pay no-fault penalty. Many of us, perhaps, need to pay for how the American government decided to prosecute the Indian Consular Officer and how some prominent VIPs from India were treated by the US airport security system.

 

Dear RGS.

Thanks for the first response that too with best wishes. It is always difficult for me to understand some of the foreign policies of the American government. A friendly nation is a friendly nation and no one does actions that are strange affecting a friendly nation significantly. America has now strained its relationship with China, India, Israel and China and I am not sure who else is in the list?

Viswa

 

Dear Periamma,

Thanks for stopping by and you are absolutely right about adjusting to the circumstances. I can't fight for this penalty. Thanks for the best wishes.

Viswa

 

Dear Mrs.Jayasala,

I have not reviewed all the penalties in detail and there are continuing penalty clauses in some cases. Luckily, holding Indian passport without cancellation is a one-time penalty of $ 250, even though it was not used for travel. Probably, it is a great revenue source for the Indian embassies.

As far as US immigration is concerned, I have no idea how they function like this. People talk about overhauling the entire system every 5-10 years but nothing has improved. Blaming the demand for immigration for inefficiencies is ridiculous. It is lack of common sense to ask for someone who is 70 plus to get an affidavit from someone who is older than him/her that they were aware of their birth to his/her parents. I understand your frustration about the green card. The mistakes at the immigration office are enormous and they have committed a lot more mistakes that are unthinkable.

Life, in general, is never easy no matter where we live. The grass is greener always on the other end. Only the set of problems we face are different whether we live in the east or west. One has to keep himself/herself fit to survive in the West.

Thank you for stepping in and providing your valuable comments.

Viswa