$250 penalty for renunciation - an extortion!

#31 Apr 15th, 2011, 05:27
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#31
All I can say is I fall into this category and did not pay the $250.

Let me ask you. .are you renouncing at the same time as applying for the OCI? If you do, then the Travisa software automatically charges you. I renounced mine separately before applying for the OCI and they did not charge me.
#32 Apr 15th, 2011, 05:47
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#32
Thanks for the information, I appreciate it. You have surrendered in October 2010. This rule is newer - I think Feb 2011! I have an OCI from 2007, that is beauty of it! I still have to officially surrender the Ind. passport and get that pesky certificate before the royal clowns come with more "Tuglak"-ish rules!
#33 Apr 15th, 2011, 06:06
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#33
Rajvidya ---

Since you already have OCI status, you do not need certificate of renunciation for the purpose of travel in India. It will be needed if you need to use consulate services.

Simple solution: Pay if you need these services, or let it ride, but most importantly, relax.
#34 Apr 15th, 2011, 07:29
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#34
Exactly, if you have the OCI card, just tell them that you have lost your Indian passport. Let them renounce that..
#35 Apr 15th, 2011, 08:31
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#35
I wonder when did Indian Consulate start issuing OCIs and PIOs. Looks like when OP applied for OCI, renunciation of Indian Citizenship was not there. As OP says now, "The surrender certificate is required to re-endorse an OCI on your US passport (when the passport is renewed) or if you renew your Indian Visa."

I think after Mumbai massacres, they sneaked in more requirements to catch those cheap Indians, who obtained US Citizenship and traveled to India with Indian passports, which could be the reason they need to check the renunciation certificate for re-endorsing and for other visa services.

I guess, OP knows this forum: --> O C I .. I s s u e s.
#36 Apr 15th, 2011, 12:36
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#36
Quote:
Originally Posted by RWeHavingFunYet View Post I wonder when did Indian Consulate start issuing OCIs and PIOs. Looks like when OP applied for OCI, renunciation of Indian Citizenship was not there. As OP says now, "The surrender certificate is required to re-endorse an OCI on your US passport (when the passport is renewed) or if you renew your Indian Visa."

I think after Mumbai massacres, they sneaked in more requirements to catch those cheap Indians, who obtained US Citizenship and traveled to India with Indian passports, which could be the reason they need to check the renunciation certificate for re-endorsing and for other visa services.
Correctomundo.

PIOs started in 1999 at 1000 bucks a pop, the OCI came in 2005 by that time PIO fees were dropped drastically.

1. If your passport had a cancelled because yada yada has acquired citizenship, one does not need a renunciation certificate.

2. Renunciation certificates are to ensure misuse of Indian passport in India rather for travel to India. Some crud that did try that were snared while exiting the country.

Contrary to popular mythology, the % of desis who renewed their indian passports and used for travel were substantial.

Indian consulates never did keep cancelled Indian passports (dont know if they do so now)
#37 Apr 15th, 2011, 21:16
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#37
Also, Indian Consulates did not enforce the cancellation of passports. If it is such a big deal and a law, they should've enforced it when people are applying for OCI/PIO even back in the days. When I called Travisa, they say that even if you have a canceled passport, better to get the surrender cert, because you never know when a new rule might come up requiring that for travel.
#38 Apr 15th, 2011, 21:57
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#38
.

Quote:
Originally Posted by rajvidya View Post The surrender certificate is required to re-endorse an OCI on your US passport (when the passport is renewed) or if you renew your Indian Visa.

Is re-endorsing a requirement for OCI. Can't you just carry old passport, also?
#39 Apr 15th, 2011, 22:14
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#39
Quote:
Originally Posted by rajvidya View Post When I called Travisa, they say that even if you have a canceled passport, better to get the surrender cert, because you never know when a new rule might come up requiring that for travel.
We'll see when that time comes

Quote:
Originally Posted by RWeHavingFunYet View Post .
Is re-endorsing a requirement for OCI. Can't you just carry old passport, also?
Misc. services for OCI One needs to transfer to new passport only if one crosses age 50. A detailed explanation is in one of the old threads. You can carry the old passport from age 20-49.
#40 Apr 16th, 2011, 00:54
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#40
Some random responses:

I think Indian passports are given with only 10 year lives. after whicha new passport should be obtained. At least mine did.

There is not way the Indian govt can find out if an Indian citizen has acquired another citizenship unless he/she applies for an OCI/PIO card.

If the the Indian Govt made a mistake of not requiring the Indian passport to be canceled/renounced while issuing PIO/OCIs from 1999 to 2010, then is unfair to start charging the penalty now.

However, it might be fair to charge the Indian passport a retroactive Visa Fee plus penalty, if they have used the Indian passport to visit India after obtaining another citizenship.

There is still a BIG loop hole in that the system will allow an Indian, if he/she so chooses, to continue to use the Indian passport (after acquiring say US citizenship) for an indefinite period of time, as long as they don't apply for a PIO/OCI card.
#41 Apr 16th, 2011, 02:48
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#41
Quote:
Originally Posted by crvlvr View Post
There is still a BIG loop hole in that the system will allow an Indian, if he/she so chooses, to continue to use the Indian passport (after acquiring say US citizenship) for an indefinite period of time, as long as they don't apply for a PIO/OCI card.
How so ? and under what scenarios ?

APIS eliminates it for non-dual citizenship countries the possibility iff they use BOI managed points of entry.
#42 Apr 16th, 2011, 03:50
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#42
Folks,
I really appreciate the wealth of information that is being shared here. Thanks for your all your invaluable input. Over the days, I found that many people are indeed affected by this and are rather shocked by this news. I have written a nice letter to the consulate requesting reconsideration of this rule. Let us see what comes out of this. I will keep you posted. Have a nice weekend.
#43 Apr 22nd, 2011, 04:06
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#43

$250 penalty for renunciation - an extortion!

I also fall into this category - just found out today (I would say just woke up?)...

When we (my wife and I) got the US citizenship, my kids were minor. My wife and I got USA citizenship in April 2008 and got our certificates the same month.

Kids got their certificate in July-2009 - BUT the certificate states that they became citizen of USA in 2008 and also states the date certificate was issued - which is July-2009.

Now I was filling out the renunciation form for all 4 of us and the date for obtaining citizenship for my kids -

If I fill out April-2008 - there is a penalty of $250 for the kids.

If I fill out Sept-2009 - there is no penalty (as 3 years have not passed).

The certificate of Citizenship are different for the kids.

I guess I will have to go with April-2008 for my kids too and pay $500 for 2 kids - or Can I use Sep-2009 and ATLEAST avoid the penalty for my kids???

Any help will he appreciated.

Thanks
#44 Apr 22nd, 2011, 07:08
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#44
Under U.S. law, minor children automatically become U.S. citizens upon naturalization of a parent if the child is legally residing in the U.S. under the custody of that parent.

Also, under Indian law, citizenship of minor children is terminated as of the date the parent voluntarily acquires foreign citizenship. (Though minor children may apply to restore their Indian citizenship upon attaining maturity.)

The law is very clear: you will, unfortunately, have to pay the fines for both children.
#45 Apr 22nd, 2011, 21:42
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#45
Thanks rotar - I kind of had that feeling - $1140 + other expenses - is going to hurt bad...can't blame anyone but myself - for slacking...

Thanks for your input though.
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