Is this the way India wants to treat its Overseas Citizens??
Connecticut/Ahmedabad, 20 March, 2011

Save us from government Red tape

Traveling from America to India is not always a good experience for many. But meeting relatives in India, having Pani puri here, or doing darshan of Shri Somnath or Dakor just make us forget about the problems we face during journey, and the problems we face during immigration or at custom counters at the airport.

However here is a sad and somewhat horrible story of America based Gujarati family. They travelled to India, and reached here but they were sent back to America from the airport itself! Presented below is a worth reading narration of experience that America based young Gujarati Janak Parekh and his family underwent through. Praying that such incident don’t happen with anyone in future, and hoping that the government rectify its system immediately, we are presenting the narration as it is in Mr. Parekh’s words:

Me and my wife are proud overseas citizens of India. We became overseas citizens of India in 2006-2007 based on our Canadian citizenship. We already travelled once until now based on lifelong visa provided on passport. This is to narrate our horrible experience in first week of February 2011 with our 4 year old daughter. This was our attempt to see our family and friends after 4 years of gap. We became US Citizens in 2010. US and Canada allow dual citizenship. So at the time of our travel we were travelling on our US passport. We reached Mumbai Airport after 24 hours of long journey. At the airport the immigration officer checked our documents and denied us entry to India. The reason they were giving was: We were having our lifelong visa sticker on expired Canadian Passport and were traveling on US Passport. As per guidelines on website, there was no violation as MOIA and OCI websites clearly at more than one places says that you have to carry the passport having lifelong visa sticker. You can carry the expired passport having lifelong visa, as the visa is LIFELONG. So we had valid US Passport, valid LIFELONG visa and valid OCI Card(showing our official identity issued by Government of India). All 3 has photographs and names. But still they denied us entry to India.

Ordeal at Mumbai airport:

As a law abiding person, we informed them that we are Overseas Citizens of India and we have Certificate of Registration for all of us. They confiscated those documents (which looks like Indian Passport having Satyamev Jayate symbol issued by Government of India) from us. Even after examining them, they said they can not allow us entry in India, because the LIFELONG India visa sticker is required on current US Passport. Please note that this is contrary to what is posted on the following 2 web sites.

http://mha.nic.in/pdfs/oci-faq.pdf

https://passport.gov.in/oci/FAQ.pdf

-We requested them to verify our OCI status in their database. They did not respond.
-We further requested them to provide us an opportunity to present whatever documents they needed within reasonable time. Again, they did not respond.
-We are law abiding family travelling with a 4 year old daughter and we requested them to show us a solution since we had travelled all the way from USA. Once again, there was no response.
-We requested them to talk to higher authority but they did not permit us.
-We requested them to verify our LIFELONG visa validity. They did not respond.
-We requested them to look up the page where above highlighted rule is stated on the website.
-We explained that that based on the CGI NewYork Office web site we believe that we are in compliance with the law. The Response: Somebody has misguided you.
-After about 1 ½ hours they told us that we will have to go back to New York where we started our journey. We had a 4 year old daughter with us, completely tired after long journey.
-Within few minutes, they called Qatar Airways officials and handed over all passports to them. We were escorted back to the gate of the plane and forced to take the return flight back to New York at 5:00 am!!!!

Please note the following:

1. My daughter and Wife’s passports having Immigration clearance stamp were endorsed as cancelled.
2. My passport does not have any proof of entry/Immigration denial stamp.
3. We don’t have any kind of letter why we were refused entry into India.
4. Our passports were handed over to Qatar Airways officials, and were only given back to us in New York.
5. At Doha Airport we were not in possession of our documents. We were at the mercy of Qatar Airways ground officials who were in possession of all our documents. We were scared of losing
our important documents (Passports etc.); additionally all three of us, including our four years old daughter, literary had to run after the Qatar Airways officials wherever they went. The documents were changing hands frequently.
6. Upon landing in New York, US Immigration officers were surprised to see no proof of denial.

Guidelines of OCI on both websites:

(1)At more than 10 places it clearly says to carry the passport containing the LIFELONG visa sticker, even if they are different or expired.
(2)FAQ #25 clearly says that you have to carry expired passport to show the visa in addition to valid passport on which you are travelling. Because the validity of the visa is lifelong.
(3) In case of change of nationality you may seek to reissue the visa on new passport. But it is not MANDATORY to reissue the visa
(4)While trying to apply for reissuance of visa to new passport, with all our personal information is submitted, a new window pops up saying that it is not mandatory to reissue the passport.

To complain about this issue and to know the reason why we were sent back from Mumbai when we sent a certified letter to Consulate General of India, New York office. Next day, they called me on phone and let me know that it was system fault and situation like us (getting OCI based on Canadian nationality and travelling with US passport and nationality) were not envisaged.

Questions are:

-It was not our fault as OCI. We had been punished in spite of observing all the guidelines and because there is a loophole in OCI rule.
-Unfortunately, there is no personal letter from CGI, New York. Why? Because they are IAS officers and smarter than common man?
-If OCI system is at fault, whom should I complain? Especially when the IAS officers at Consulate General office are not replying. In USA, not everybody is rich. For employed family, they have
to wait for 3-4 years to save money and vacation to visit India. It hardly happens that the whole family can travel together. We lost our money around $4000 and vacation.
-I have sent an email complaint to more than 10 foreign secretaries/directors/officers in Ministry of Overseas Citizens. But even after 8 days, there is no reply from them.
-During the Pravasi Bharatiya Divas, the NRIs are urged to visit and contribute the economy of
India. They are even encouraged to come back and settle in India. The creation of the Ministry of
Overseas Indian affairs is to encourage the welfare of NRIs. Is this pure hearted???
-Is this the way, OCI is being treated after paying $275 fee per person for OCI???

Latest development

Also let me tell you the further development in this case: I had sent an email complaining above the issue to secretaries/director of Ministry of Overseas. http://www.moia.gov.in/inner_page.aspx?ID1=244

They did not reply me. But last week, when I called Yogeshwar Sangwan(Director of Diaspora Services of Ministry of Overseas Indian Affairs-Phone number 011-24197910). He asked me to talk to his colleague Mr Pradip Gupta(Phone Number:011-24197941) who is handling the whole issue. When I started talking him, he was knowing the whole issue and each and every fact of our case.He accepted that it was the loop hole left in OCI guideline. They have not imagined such case when the OCI guidelines were framed. Based on our case, they have referred it to modify the OCI guidelines to Minister.They have also intimated all Immigration ports to allow entry such cases until the rule/guidelines is changed by ministry.But when I asked the reimbursement of $3000. He said that it is not in their hand!!!!!!!!!!!!!!!!!! So, now in addition to Consulate General of India,NY office, Ministry of Overseas Indian Affairs also accepted that it was loophole in OCI. But nobody replies me in writing. Mr. Pradip Gupta also said SORRY but only on phone.

Updates in December 2012

Last year, we had an incident of India trip entry denial in February 2011. Since February 2011 to June 2011, I tried to contact on phone/by Letter/personally with secretaries of Ministry of Overseas Affairs/Home Minister Foreign Affairs/Consulate General of India, NY office. In this regard all above officials were telling us that it was a loophole in the system. After all phone calls,Letters and personal visits I lost the hope of getting money I lost for airfare. But on the afternoon of 5th of January 2012 Consulate General of India, New York Office called me and informed me to come to Consulate General Office,NY and collect the reimbursement. Accordingly on 9th January 2012, they reimbursed us a check for the air ticket fare amount $2865 (for all 3 of us) which was lost in that incident.

We believe that this is positive news and we need to spread.We thank the Almighty.Also we take opportunity to thank Shri Japanbhai Pathak (who very sensitively take up the matter), DESHGUJARAT and all of you for giving us strength and moral support during the difficult time we faced. SATYAMEVA JAYATE – Janak Parekh