Q.1081 Overstay of 10 years in India . . .
Question: Hi
I am a single parent . My daughter was born in usa in 1997 during my husband work visa and was issued US passport.
Came back to India in 2008 to Mumbai on US passport and was issued 10 year residential permit for my daughter.
Me and my husband are indians.
I got seperated with my husband in 2007 and is living in bangalore since then with my daughter.
In 2008 approached FRRO mumbai and got the change of address. And applied for visa extention for my daughter. Then
my daughters padsport had only 3 month validity. FRRO told to renew passport, but my husband didnt no give consent.
So i had no choice but to leave it .
I had left the choice to my daughter to decide on citizenship after she is major.
She got her US passport renewed on 23.08.17.
She has applied for visa extension at FRRo Bangalore and they have sent it to Delhi.
Kindly advise as we are worried about overstay
Thanks in advance
Answer: If the fact that FRRO has forwarded your daughter’s visa extension application to Delhi is a matter of concern to
you, please note that sending visa extension documents to Delhi is not something that is specific to your daughter’s visa
extension application only.
It is my understanding that the FRRO can, depending on the reasons for overstay, condone visa overstays of a short
duration. However, lengthy overstays must be referred by the FRRO to Ministry of Home Affairs, Foreign Division in Delhi.
Once the Home affairs authorities approve the extension, they would notify FRRO to extend visa.
While I don’t speak for the authorities and their decisions are based solely on their assessment of each overstay on a case
by case basis, I would assume that due to the circumstances of your case, there is a good chance the authorities would
grant the extension, perhaps a fine & visa fee for the duration of overstay, would have to be paid.
Once your daughter’s visa status is legalized, you should seriously look at getting OCI for your daughter to avoid visa
problems in future.
Information
by Virendar Chand
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