USCIS Role in Delhi, India, in Processing Relative Petitions
Posted Jul 06, 2007
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There is a USCIS office in India, located at the U.S. Embassy in Delhi, subject to the jurisdiction of the Rome Immigration District Office. This USCIS office in Delhi is able to process certain types of applications and petitions that the USCIS processes in the United States. The option of using the USCIS in Delhi generally applies only to residents of India.
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Indian Residency Required for Delhi USCIS to Process I-130
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Since June 2006, the USCIS office in India required a U.S. citizen to submit evidence of resident status in India in order to have a I-130 processed. Previously, from June 2004 until May 2006, the USCIS simply allowed the U.S. citizen to show evidence of her/his residency in India for only 60 days in order to grant the filing of the I-130 petition and sponsor the spouse or other immediate relatives. Now the rules make it more difficult to establish one's residency in India.
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Evidence to Show Residency in India
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The USCIS requires a minimum of 90 days residency. In most cases, however, the U.S. citizen must show that s/he has been living in India for about six months or longer along, and produce other evidence of residency in India to avail him/herself of the faster processing by USCIS in Delhi.
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U.S. citizens can show residency when the U.S. passport has a long-term Indian visa, along with the Residential Permit and a Registration Report issued by the Government of India's Foreigners Regional Registration Office (FRRO). Additionally, one must show evidence of employment in India, payment of taxes in India, receipts for rental or other regular payments, like utility bills that show residency in a country. Finally, entry and exit stamps in one's passport would indicate the length of the stay in any visit to India, and this is given weight by the USCIS.
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Background on Indian Laws Dealing with Foreign Nationals
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There are two main pillars that establish the framework of laws and rules applying to any foreign national in India. These are Registration of Foreigners Act of 1939 and the Registration of Foreigners Rules of 1992.
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Any person entering India on a student visa, for employment, as a missionary, or for research, is expected to register with the FRRO in the particular region within 14 days of entering India, if her/his visa is valid for longer than 180 days, even if s/he departs India well within the 180 days.
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Any person traveling as a visitor to India, on a visa valid for 180 days or longer, is not required to register with FRRO if the visit does not last for more than 180 days in each trip. If the person ends up staying more than 180 days, then s/he must register within 180 days of entering India.
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Foreign nationals, who obtain visit visas valid for fewer than 180 days, or children under the age of 16 years, are not required to register with the FRRO in India.
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More stringent rules to register may apply for certain citizens within 24 hours of arrival in India or within seven days of entering India.
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Exemptions from Registration for OCIs
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Those who are registered as Overseas Citizens of India (OCIs) are exempt from the registration requirements outlined above. An OCI is a person who was eligible to become a citizen of India or was a citizen of India and that person's country allows or recognizes dual citizenship for its citizens. A citizen of Pakistan, Bangladesh, or any person not of Indian origin, who is married to a person of Indian origin, is not eligible to obtain OCI status. OCI status is for the lifetime of the individual and there is no need for any renewal of OCI status. Long-time MurthyDotCom and MurthyBulletin readers may recall our article about OCIs and the criteria for April 7, 2006, Overseas Citizenship of India - March 2006 Update.
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A Person of Indian Origin (PIO) who has a PIO card is also exempt from registration requirements, unless s/he resides in India for over 180 days in one visit. If the stay exceeds 180 days, then s/he is required to register within 30 days after the 180-day stay.
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Conclusion
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If one is not able to show residency in India, s/he will be required to file the I-130 petition for the relative from the applicable USCIS service center in the U.S., and likely will be subjected to the much longer processing times, applicable to the USCIS service centers. For more information, one can visit the website of the U.S. Embassy in Delhi regarding Delhi processing times and conditions that apply.