Will OCI card cover previous visa overstay during exit?
I am a U.S. citizen. In August 2021, I entered India on an e-business visa, which expired in August 2022. I received an OCI card in May 2022, about two months after overstaying my e-business visa. I am planning to return to the U.S. soon. Will immigration authorities raise any issues due to the overstay, even though I now hold an OCI card?
Dear Client, Under section 14 of the Foreigner Act read along with rule 7 of the Registration of Foreigners Rules, overstaying after the expiry of visa constitutes an offence punishable with imprisonment for a term extending up to 5 years and shall also be liable to fine. Since it constitutes a criminal offence, it is most likely to cause you trouble with the immigration authorities. The OCI card does not retrospectively apply in this case, and hence you’ll have to comply the overstay penalty to do away with future complications. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
Since you overstayed your visa before getting your OCI card, immigration may ask about it when you leave. Usually, if there’s no major violation, they will just charge a fine. To avoid any last-minute trouble, visit the local FRRO or immigration office before your departure and clear any dues. For further legal assistance contact us on our helpline number.
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