Q650. Living in India illegally – Applying for OCI in India

Question: My daughter-in-law came to India 2 years back,"She is Citizen of USA". I am planning to applying OCI card for her. Will there be any problem since she is staying with a USA passport in India and what are the required documents for applying OCI card. Please Respond as soon as possible. Thanks&Regards, Vamsi Krishna.

Answer: Information on documents required for OCI and where to apply for OCI from within India is provided on NriInformation.com and can be viewed by clicking HERE. Since your daughter-in-law is currently living in India for the last two years and is a US citizen, I would assume that her current status in India is legal. If your daughter-in-law has the appropriate visa to be living in India, then applying for OCI should not be any problem. On the other hand, If your daughter-in-law came to India two years back on a tourist visa and overstayed her visa, then before applying for OCI it might be a good idea to legalize here current status in India. Her passport will have to be presented to the authorities at some point of time and her date of arrival and Indian visa can be questioned by the authorities in case things don’t add up. A person illegally in the country may be denied OCI and face further problems.