As an International legal consultant based out of the United States, I often come across a disheartening situation the Indian-Origin Americans especially the older citizens face. It’s their oblivion of the Indian law that impedes people from holding a dual citizenship i.e.failure to surrender the Indian passport as soon as one becomes a US citizen. Though this act stems from a deep love for their country, it is a serious misstep under the Indian Law. From my experience in the FOKANA International as the Legal Chairperson, I’ve come across dozens of innocents facing legal implications for inadvertently failing to surrender their Indian passports on time.
Let’s take a look at what Law has to say!
Under The Indian Citizenship Act, 1955, and its related rules, the legal position is unambiguous: Section 9 explicitly states that any Indian citizen who voluntarily acquires citizenship of another country automatically ceases to be an Indian citizen. This means that holding an Indian passport after becoming a foreign citizen is illegal. The Ministry of External Affairs rules reinforce this: once you’re a U.S. citizen, your Indian passport must be surrendered immediately.
The Unprecedented consequences of “Delayed Surrender”
Ignoring this legal obligation can lead to a host of unnecessary troubles:
- Financial Penalties: The Indian Consulate can impose fines ranging from $250 to $500 or more.
- OCI application Hurdles: You might face difficulties or even rejections when applying for your Overseas Citizen of India (OCI) card. The surrender certificate is a mandatory document for OCI processing.
- Travel Complications: Imagine the embarrassment and frustration of delays or denials at immigration checkpoints when traveling to or from India, all because you’re carrying an invalid Indian passport.
Simple Steps, Significant Protection
The good news is that the process is straightforward and can be completed entirely from the U.S. You don’t need to travel to India. Just remember these key facts:
- Apply for passport surrender BEFORE applying for OCI cards.
- The surrender certificate is essential for your OCI application.
How We Can Help You?
At Themis Associates, we specialize in making this process seamless and stress-free. We assist with:
- Indian passport surrender applications
- OCI cards processing
- Preparing and reviewing VFS Global (Atlanta) documents
- Providing end-to-end assistance from Florida or any state in the U.S.
We’ve helped hundreds of clients, particularly older Indian-Americans, navigate this requirement without confusion.
A Call to Action for Our Community
If you or a family member became a U.S. citizen but have not yet surrendered your Indian passport, now is the time to act. This isn’t just a bureaucratic technicality; it’s a legal requirement that, if ignored, can lead to unavoidable penalties and stress.
Let’s ensure you and your loved ones are in full compliance with the law, protecting your future travels and legal standing.
Ready to take action?
- DM us the word “SURRENDER”
- Or book a consultation directly with our office.
Themis Associates – Trusted Legal Help for the Indian Community in the USA.
