Can she stay for longer than 180 days after applying for OCI

[minglevi 0]

I am asking about a US citizen elderly family member.

She is in India since May 29th 2019 so she there for about 150 days ...Due to various medical issues she could not apply for OCI or

could not renounce Indian citizen or surrender Indian passport.

 

Now on her etourist visa page it says 'Continuous stay during each visit should not exceed 180 days'

 

I believe she will not get OCI within 30 days even if she applies today correct? How long it takes to get OCI card if application is filed from India itself?

Also does she need renunciation certificate before she can apply for OCI?

 

So my question is ..if she applies for OCI ..can she legally overstay .i.e. more than 180 days while waiting for OCI card to arrive ?

[9000miles 46]

Getting a tourist visa converted in a city with actual FRRO is very difficult, can't even imagine a city where just normal police handle it. The limited time left to apply for OCI opens yourself up to "trouble" ($$) in front of whomever you are applying before. I would advise taking your relative out of country for several days and return to India. Do not stay over 180 days on a tourist visa, as this could very well get your relative blacklisted and your relative will not be able to exit India easily (must get exit visa from FRRO, plus any other penalties). Many people spend a long time on tourist visa up to their limit, leave India for a few days, and return without issue.

 

If you have issues with OCI, I would also recommend investigating an entry visa, and if it applies, apply at your relatives place of permanent residence as it may better apply to your relatives situation - this visa can be registered with FRRO to allow stay greater than 180 days (so long as your relative's hosts can prove they can financially support her and that all documents are in order).

 

I say the above from experience as an American citizen trying to receive residency for myself to stay in India while awaiting my spouses American immigration processing to complete.

 

Can't speak more on renouncing citizenship or surrendering passport.