Posted on: 22-03-11 14:55:13
Why deport straightaway from Airport? Can't they give time to get it corrected in India itself?The main office is in Delhi.
These schemes and policies are written in most confusing way possible. Even the name of the scheme OCI (Overseas Citizen of India) is a deception since you are in no way, shape or form a citizen of India since India does not allow dual citizenship.
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Feel sorry for the victim here. Part of the issue may be the overzealousness of some officer to 'show off' their power.
I have had my own shares of issues with the immigration in India and US (Interestingly it was always way cool in Canada!), but everything got resolved by explaining and with some pleading/requesting. Gotto say "LUCKILY" in bold after reading this post.
I did not know of the requirement to register if stay in India is more than 6 months (with PIO card). The emigration officer was not willing to let it go - he was probably new and did not want to get in trouble also, I think. Anyways, talked to him, persuaded him to call the senior, who, luckily did not think too much off it - may be having family and lil kids helped too. He told us what should have been done etc. and let us on the way.
At US, on one visit, I showed up as having stayed in the states out of status! Apparently they can't locate my visa extension paper from one time before. Half hour of explanation and describing how the extension paper looked like, approximate dates etc. etc. and some 'it should be ok - probably some system issue' talk from the officer in the adjoining counter, we were let go. Next time, I carried the old approval papers with me, but no one asked!!
Well, we know how things happen in India... Ofcourse things are improving, but still a long way to go. One positive thing the Mr.Parekh can see is that, he is getting the India govt to change - get them to issue new rules and guidelines. That is no small achievement. Unfortunately, it costed him much!
Quote:
Originally posted by kulb
One point that got my attention is where it states that the "new" OCI card will eliminate the need for pasting U visa on the passport.
ever evolving process.
this is indeed very sad what happened to Mr. Parekh and i'm happy that he has not given up the matter and duly following it up and raising a ruckus about it with the Indian authorities.
this just goes to show what self serving some Indian officials are with a bloated sense of their own importance.
however there is also a lesson in here for all of us.
see, the Indian officials esp. those in position of power like immigration, customs and police officials, are what is called in classical Hindi lakeer ke fakir i.e. they always do things rigidly by the book and never use common sense to see right from wrong.
it is never a good idea to tempt these officials with unusual set of documents or paperwork.
see, what Mr. Parekh was doing was clearly unusual and he should have anticipated some trouble by the Indian officials.
he is a dual US-Canadian citizen and thus has two passports.
However his OCI stamp is on an expired Canadian passport and he's using a US passport to enter India.
The OCI was originally issued in Canada on the Canadian passport, which has since expired and not been renewed.
It is technically possible that the Canadian citizenship is not valid any more, but the Indian official would not be able to verify that.
The case from the perspective of the Indian official is not crystal clear beyond any shadow of doubt.
doing something a little out of ordinary with Indian officials is asking for trouble.
the sad part is that Mr. Parekh could have done some very simple things before his trip to cover all bases and ensure that everything is kosher and clear.
He could very easily have renewed his Canadian passport in the US for a very nominal fee.
Alternatively, he could have applied for the U visa sticker on his US passport at an Indian consulate in the US.
Any of these things would have avoided this problem.
Quote:
Originally posted by rajcanada
Why deport straightaway from Airport? Can't they give time to get it corrected in India itself?The main office is in Delhi.
These schemes and policies are written in most confusing way possible. Even the name of the scheme OCI (Overseas Citizen of India) is a deception since you are in no way, shape or form a citizen of India since India does not allow dual citizenship.
There are grey areas because it is a new scheme. In this particular case problem would have risen because the OCI card would have mentioned his citizenship as Canadian, while as he was travelling on a US passport. So perhaps for the immigration officer this would have been a tough call, which nationality does he identify him with on his paperwork. Since this would have been perhaps the first case of its kind no one really had an answer.
He should have got a duplicate U sticker on his US passport (there is a simple process for this) since he was travelling on his US identity or he should have carried a renewed Canadian passport.
Regarding the OCI, it is correct to call one an "Overseas Indian" as this right is given under the citizenship act. For now there are certain privileges that you are not entitles to .... hopefully that will change in future and you will have full rights as a citizen. OCI is the "pehla padaw".....
Quote:
Originally posted by DesiBabu70
see, the Indian officials esp. those in position of power like immigration, customs and police officials, are what is called in classical Hindi lakeer ke fakir i.e. they always do things rigidly by the book and never use common sense to see right from wrong.
They are paid to follow the law or book and they should that only. The moment they are allowed to use common sense, they will make sure EVERYONE entering India pays them for using their common sense
Quote:
Originally posted by DesiBabu70
this is indeed very sad what happened to Mr. Parekh and i'm happy that he has not given up the matter and duly following it up and raising a ruckus about it with the Indian authorities.
this just goes to show what self serving some Indian officials are with a bloated sense of their own importance.
however there is also a lesson in here for all of us.
see, the Indian officials esp. those in position of power like immigration, customs and police officials, are what is called in classical Hindi lakeer ke fakir i.e. they always do things rigidly by the book and never use common sense to see right from wrong.
it is never a good idea to tempt these officials with unusual set of documents or paperwork.
see, what Mr. Parekh was doing was clearly unusual and he should have anticipated some trouble by the Indian officials.
he is a dual US-Canadian citizen and thus has two passports.
However his OCI stamp is on an expired Canadian passport and he's using a US passport to enter India.
The OCI was originally issued in Canada on the Canadian passport, which has since expired and not been renewed.
It is technically possible that the Canadian citizenship is not valid any more, but the Indian official would not be able to verify that.
The case from the perspective of the Indian official is not crystal clear beyond any shadow of doubt.
doing something a little out of ordinary with Indian officials is asking for trouble.
the sad part is that Mr. Parekh could have done some very simple things before his trip to cover all bases and ensure that everything is kosher and clear.
He could very easily have renewed his Canadian passport in the US for a very nominal fee.
Alternatively, he could have applied for the U visa sticker on his US passport at an Indian consulate in the US.
Any of these things would have avoided this problem.
I agree with desibabu70 that although the situation experienced by Mr. Parekh is very distressing, yet Mr. Parekh attempted to do something very unusual.
When embarking on a long international travel journey (especially with little kids), it is essential to have all ducks in a row. In other words, all visas, passports, travel insurance, etc should be in order. Mr. Parekh could have either applied to renew his Canadian passport or applied to have OCI transfered to his US passport.
As a parent of a 3 year old myself, I feel sorry for the plight of the poor 4 year old who had to endure this very very long journey.
