INDIA - Confirmation of Birth Nationality Required For All U.S.-Based Visa Applicants

  • India
  • 01/26/2010
  • Berry Appleman & Leiden LLP

As an update to BAL’s January 19 client alert (http://www.balglobal.com/resources_details.asp?newsid=1449&l1=News&l2=Global%20News&year=2010), please be advised that, effective today, Indian consular posts based in the United States are requiring U.S.-based applicants to evidence their birth nationalities.

U.S. national applicants who were born in the United States and who are filing Indian visa applications from within the United States must submit clear photocopies of their U.S. civil birth certificates evidencing both parents’ names (including mother’s maiden name) and the applicants’ dates of birth. A U.S. national applicant may no longer submit a photocopy of a university diploma in lieu of a birth certificate.

A non-U.S. national applicant who does not possess a civil birth certificate may provide an alternative document issued by a recognized government authority certifying the details of the applicant’s nationality, both parents’ names, and the applicant’s date of birth. Acceptable alternative documents include an old passport (the passport filed with the visa application will not suffice) or a school-leaving certificate (e.g., usually a certificate of secondary education).

Controlled nationals, such as Bangladeshi and Pakistani applicants, may be required to submit supplemental documentation in addition to that listed above. Controlled nationals may also be required to appear in person to file their visa applications. Persons of Indian Origin (PIO) may be required to submit proof that they have formally renounced Indian nationality prior to receiving Indian visas.

BAL Comment

As noted in our prior alert, India’s immigration regulations are changing with little or no advance public notice. BAL will be issuing further alerts as the Indian Ministry of Home Affairs and the Indian consular posts clarify their requirements for visa applicants. In the meantime, companies filing any visa applications with U.S.-based Indian consular posts are urged to delay filing until after securing the appropriate documentation reflecting each applicant’s nationality.


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