Overstay In India
I am an Indian citizen. My wife and I went to USA on an H-1B visa in 2000. We were blessed with a baby girl during our stay and she has an American passport. I returned to India in 2006 for personal reasons. We obtained an Indian visa for my daughter. Since then we have not been back to USA but recently renewed her passport at the American Consulate at Hyderabad.
This summer we want to take a trip to USA. Since my daughter has overstayed in India will there be any problem for her when returning to India, or will she be detained while going out of India?
Note: Neither she nor I are interested in obtaining an Indian passport for her.
Best Answer
(My answer is based on your daughter being an American citizen with an Indian Visa. That is what I understood from your question, if I am mistaken please correct me.) Hello, over-staying your visa in India, like most countries, is a crime. It is punishable most commonly by a fine and the costs to apply for an extension, but by law they can detain, imprison, and deport you. Now as far as being stopped when leaving the country, it would most likely be to pay the fines associated with over-staying, as you are already leaving the country odds are they wont detain you. Returning back to India will require her to obtain a new visa, or an extension on the current one. I hope that this helped you and good luck. I forgot to add, that depending on what kind of visa she has, she will actually have to leave India and apply for the extension back in the USA. You can try to mail it out through a friend outside of the country, but it is not recommended.
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What happens if you overstay in India?
To put it simply, over staying in India beyond the visa date can lead to fine, an imprisonment of up to 5 years and even banishment from entering the country again. $500 penalty if overstay is for more than a period of 2 years.Can I exit India with expired visa?
If India Visa expire and been overstay in IndiaEntering India on any visa requires you to leave the Country before expiry of visa granted. To remain in Country beyond the visa condition can result in a legal trouble.What happens if you overstay a visa?
If you have more than 180 days of unlawful presence, meaning you overstayed your visa by 181 days or more, you will be barred from returning to the United States for a certain amount of time. If you were unlawfully present for between 180 and 365 days, you will be barred from entering the United States for three years.How long can foreigners stay in India?
i) Foreigners coming to India on tourist visas for 180 days or a shorter period. They can move about freely in the country, except to restricted/protected areas and prohibited places. ii) US nationals holding 10 years tourists/business visas, provided their continuous stay during each visit does not exceed 180 days.Impact Of Overstay In India FY 2020- 21
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Answer 2
** This is not an official answer, I may be wrong.
With OCI/PIO card, you can stay in India as long as you want. There was a rule after every 180 days, you need to register in local Police Station about extension of your stay, however since 2014 (with Modi Govt) they abolished the rule. However I dont have much idea about Tourist visa requirements for overstay.
Me/My wife(Malaysian citizen and Indian PIO card holder) traveled to India in 2013, we did overstay of little over 180 days, while returning back to the US, we were questioned and fined. Luckily we were little early at the airport, that we did not miss our flight for questioning and fine process.
I would suggest check all resources online, if needed apply for OCI/PIO card. OCI/PIO card mostly does not have overstay limitations.
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