Changing From Indian Passpot To Australian Passport in USA
Nov 2nd 2009, 7:08 pm
#1
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Joined: Nov 2009
Posts: 6
Changing From Indian Passpot To Australian Passport in USA
Hi
I am Australian Citizen working on E3 Visa in USA and my wife is on E3D as dependent working in USA holding Indian Passport.
My wife is applying for Australian Citizenship. Once approved she will get Australian Passport. I would like to know what happens to her Legal Status in USA after she gets her Australian citizenship;
1) Does her E3D Visa becomes Invalid on the Indian Passport?
2) Does her EAD becomes Invalid or she can still continue to work in USA?
3) Does she have to leave USA once she accepts Australian Citizenship?
4) Does she have to apply for new E3D Visa and go out of USA?
5) Does she have to apply for new EAD?
I have called up USCIS and they are not able to provide any information regarding this. I will be calling Dept of State to get some information.
If any body have gone through the similar process, please provide or share your experience as it will be really helpful to finalise this process for us.
Thanks you very much for your help in advance.
Amit
I am Australian Citizen working on E3 Visa in USA and my wife is on E3D as dependent working in USA holding Indian Passport.
My wife is applying for Australian Citizenship. Once approved she will get Australian Passport. I would like to know what happens to her Legal Status in USA after she gets her Australian citizenship;
1) Does her E3D Visa becomes Invalid on the Indian Passport?
2) Does her EAD becomes Invalid or she can still continue to work in USA?
3) Does she have to leave USA once she accepts Australian Citizenship?
4) Does she have to apply for new E3D Visa and go out of USA?
5) Does she have to apply for new EAD?
I have called up USCIS and they are not able to provide any information regarding this. I will be calling Dept of State to get some information.
If any body have gone through the similar process, please provide or share your experience as it will be really helpful to finalise this process for us.
Thanks you very much for your help in advance.
Amit
Nov 2nd 2009, 7:14 pm
#2
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Joined: Sep 2002
Posts: 16,266
Re: Changing From Indian Passpot To Australian Passport in USA
Hi
I am Australian Citizen working on E3 Visa in USA and my wife is on E3D as dependent working in USA holding Indian Passport.
My wife is applying for Australian Citizenship. Once approved she will get Australian Passport. I would like to know what happens to her Legal Status in USA after she gets her Australian citizenship;
1) Does her E3D Visa becomes Invalid on the Indian Passport?
2) Does her EAD becomes Invalid or she can still continue to work in USA?
3) Does she have to leave USA once she accepts Australian Citizenship?
4) Does she have to apply for new E3D Visa and go out of USA?
5) Does she have to apply for new EAD?
I have called up USCIS and they are not able to provide any information regarding this. I will be calling Dept of State to get some information.
If any body have gone through the similar process, please provide or share your experience as it will be really helpful to finalise this process for us.
Thanks you very much for your help in advance.
Amit
I am Australian Citizen working on E3 Visa in USA and my wife is on E3D as dependent working in USA holding Indian Passport.
My wife is applying for Australian Citizenship. Once approved she will get Australian Passport. I would like to know what happens to her Legal Status in USA after she gets her Australian citizenship;
1) Does her E3D Visa becomes Invalid on the Indian Passport?
2) Does her EAD becomes Invalid or she can still continue to work in USA?
3) Does she have to leave USA once she accepts Australian Citizenship?
4) Does she have to apply for new E3D Visa and go out of USA?
5) Does she have to apply for new EAD?
I have called up USCIS and they are not able to provide any information regarding this. I will be calling Dept of State to get some information.
If any body have gone through the similar process, please provide or share your experience as it will be really helpful to finalise this process for us.
Thanks you very much for your help in advance.
Amit
Fascinating questions. Really.
Nov 2nd 2009, 7:14 pm
#3
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Location: Kentucky
Posts: 38,865
Re: Changing From Indian Passpot To Australian Passport in USA
1) Does her E3D Visa becomes Invalid on the Indian Passport?
2) Does her EAD becomes Invalid...
... she can still continue to work in USA?
3) Does she have to leave USA once she accepts Australian Citizenship?
4) Does she have to apply for new E3D Visa and go out of USA?
5) Does she have to apply for new EAD?
Ian
Nov 2nd 2009, 7:21 pm
#4
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Joined: Nov 2009
Posts: 6
Re: Changing From Indian Passpot To Australian Passport in USA
Ian, Thank you for your quick response.
Are you saying that the Current Visa does not have anything to do with the Passport that it is stamped on. In this case once my wife gets Australian Citizenship her Indian Passport becomes Invalid.
Does the E3D visa stamped on Invalid Indian Passports stands valid?
Or
Valid any US Visa that is not expired is Valid on Invalid Passport?
Thanks
Amit
Are you saying that the Current Visa does not have anything to do with the Passport that it is stamped on. In this case once my wife gets Australian Citizenship her Indian Passport becomes Invalid.
Does the E3D visa stamped on Invalid Indian Passports stands valid?
Or
Valid any US Visa that is not expired is Valid on Invalid Passport?
Thanks
Amit
Nov 2nd 2009, 7:32 pm
#5
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Location: Kentucky
Posts: 38,865
Re: Changing From Indian Passpot To Australian Passport in USA
Ian
Nov 2nd 2009, 8:01 pm
#6
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Joined: Dec 2003
Location: Boston / Guipúzcoa
Posts: 718
Re: Changing From Indian Passpot To Australian Passport in USA
Her Indian passport becomes invalid? How positively medieval. Even if her passport is no longer valid, I believe her E3D "status" is still valid as is her EAD. If she leaves the US to travel, however, she will need to get a new E3D visa in her Australian passport before she can reenter the US.
Ian
Ian
- Eric S.
Nov 2nd 2009, 8:16 pm
#7
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Joined: Nov 2009
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Re: Changing From Indian Passpot To Australian Passport in USA
I just spoke to Dept of State in USA and they gave me the following information;
1) The Indian pasport will be Invalid once my wife takes Australian Citizenship
2) The E3D Visa and EAD will still be valid for her to work in USA.
3) She can still travel to and from USA and will have to carry her invalid Indian Passport since that carries the valid US Visa.
4) Once her Visa expires she will have to apply for new E3D Visa using Australian passport.
Thank you everyone for your help.
Amit
1) The Indian pasport will be Invalid once my wife takes Australian Citizenship
2) The E3D Visa and EAD will still be valid for her to work in USA.
3) She can still travel to and from USA and will have to carry her invalid Indian Passport since that carries the valid US Visa.
4) Once her Visa expires she will have to apply for new E3D Visa using Australian passport.
Thank you everyone for your help.
Amit
I think (don't quote me on this) that India is one of those countries that make you forfeit your citizenship when you take citizenship of another country. So I guess if she's losing her Indian citizenship, it makes sense that her Indian passport is no longer valid.
- Eric S.
- Eric S.
Nov 2nd 2009, 8:19 pm
#8
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Posts: 58,679
Re: Changing From Indian Passpot To Australian Passport in USA
Rene
Nov 2nd 2009, 8:31 pm
#9
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Joined: Jan 2004
Posts: 7,598
Re: Changing From Indian Passpot To Australian Passport in USA
Wait a minute.
The two passport solution where an old passport with the visa is used in conjunction with a new valid passport is only allowed when both documents indicate that the bearer is of the same nationality.
I'd say that if the Indian passport is invalidated that the person would need to have a new visa placed in their Australian passport prior to seeking to enter the US again.
From the DOS Foreign Affairs Manual:
9 FAM 41.112 N6 VISA VALID IN EXPIRED PASSPORT
(CT:VISA-1138; 01-06-2009)
a. When a passport containing a valid visa expires, the expiration of the
passport has no effect on the validity of that visa. The holder, however,
shall be informed, at the time of application for admission, of the need for
a new or renewed passport.
b. The passport should be valid for a minimum period of 6 months from the
expiration date of the initial period of admission or contemplated period
of stay in the United States. The passport may be either the one in which
the visa stamp has been placed, or a new passport. Thus, an alien can
present two passports; one which fulfills the visa requirement and the
other the passport requirement. The alien's nationality, as indicated in
the new passport, must be the same as that shown in the passport
bearing the visa foil.
I'd contact the State Department again, ask them to take a look at 9 FAM 41.112 N6 and see if their advice is the same.
It was just updated less than a year ago, so they may not be familiar with the most recent guidance.
The two passport solution where an old passport with the visa is used in conjunction with a new valid passport is only allowed when both documents indicate that the bearer is of the same nationality.
I'd say that if the Indian passport is invalidated that the person would need to have a new visa placed in their Australian passport prior to seeking to enter the US again.
From the DOS Foreign Affairs Manual:
9 FAM 41.112 N6 VISA VALID IN EXPIRED PASSPORT
(CT:VISA-1138; 01-06-2009)
a. When a passport containing a valid visa expires, the expiration of the
passport has no effect on the validity of that visa. The holder, however,
shall be informed, at the time of application for admission, of the need for
a new or renewed passport.
b. The passport should be valid for a minimum period of 6 months from the
expiration date of the initial period of admission or contemplated period
of stay in the United States. The passport may be either the one in which
the visa stamp has been placed, or a new passport. Thus, an alien can
present two passports; one which fulfills the visa requirement and the
other the passport requirement. The alien's nationality, as indicated in
the new passport, must be the same as that shown in the passport
bearing the visa foil.
I'd contact the State Department again, ask them to take a look at 9 FAM 41.112 N6 and see if their advice is the same.
It was just updated less than a year ago, so they may not be familiar with the most recent guidance.
Nov 2nd 2009, 8:44 pm
#10
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Joined: Jul 2008
Location: East Bay Area
Posts: 2,192
Re: Changing From Indian Passpot To Australian Passport in USA
She will have an Australian Passport which will be the 'travel document'. She will also need the Indian PP (invalid and no long travel document but will have the visa stamp).
Ok - now the complication, well not so much complication but FYI. When she is approved Australian Citizenship and applies for a PP, she will have to get an Indian Visa every time she goes back home. NOW, the way out is the apply for OCI however when OCI application is done - it requires handing in the Indian PP which I am not sure if they return it back. Although you can make some affidavit and they may punch the Indian PP and hand it back. T his will mean you have Aussi PP and Indian PP (punched on the face of it but carrying US passport).
I assume (not sure) the renewal of E-3 (and E3D) will mean the new VISA will be then moved to the Australian PP - stand corrected.
Nov 2nd 2009, 10:03 pm
#11
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Joined: Nov 2009
Posts: 6
Re: Changing From Indian Passpot To Australian Passport in USA
I called the Dept Of State again and they told me to speak to Dept of Customer & Border at your port of entry which is Seattle since they are the one who descides who can come into US.
The person there said since the Indian passport will become invalid because India does not support dual citizenship her visa will also become invalid and they will not allow her to enter in US with a visa that is on invalid passport.
If India were to support dual citizenship then this would not have been a issue since the Indian Passport was valid.
She can still continue to stay in USA till her I-94 expires and work using EAD.
Thanks
Amit
The person there said since the Indian passport will become invalid because India does not support dual citizenship her visa will also become invalid and they will not allow her to enter in US with a visa that is on invalid passport.
If India were to support dual citizenship then this would not have been a issue since the Indian Passport was valid.
She can still continue to stay in USA till her I-94 expires and work using EAD.
Thanks
Amit
Wait a minute.
The two passport solution where an old passport with the visa is used in conjunction with a new valid passport is only allowed when both documents indicate that the bearer is of the same nationality.
I'd say that if the Indian passport is invalidated that the person would need to have a new visa placed in their Australian passport prior to seeking to enter the US again.
From the DOS Foreign Affairs Manual:
9 FAM 41.112 N6 VISA VALID IN EXPIRED PASSPORT
(CT:VISA-1138; 01-06-2009)
a. When a passport containing a valid visa expires, the expiration of the
passport has no effect on the validity of that visa. The holder, however,
shall be informed, at the time of application for admission, of the need for
a new or renewed passport.
b. The passport should be valid for a minimum period of 6 months from the
expiration date of the initial period of admission or contemplated period
of stay in the United States. The passport may be either the one in which
the visa stamp has been placed, or a new passport. Thus, an alien can
present two passports; one which fulfills the visa requirement and the
other the passport requirement. The alien's nationality, as indicated in
the new passport, must be the same as that shown in the passport
bearing the visa foil.
I'd contact the State Department again, ask them to take a look at 9 FAM 41.112 N6 and see if their advice is the same.
It was just updated less than a year ago, so they may not be familiar with the most recent guidance.
The two passport solution where an old passport with the visa is used in conjunction with a new valid passport is only allowed when both documents indicate that the bearer is of the same nationality.
I'd say that if the Indian passport is invalidated that the person would need to have a new visa placed in their Australian passport prior to seeking to enter the US again.
From the DOS Foreign Affairs Manual:
9 FAM 41.112 N6 VISA VALID IN EXPIRED PASSPORT
(CT:VISA-1138; 01-06-2009)
a. When a passport containing a valid visa expires, the expiration of the
passport has no effect on the validity of that visa. The holder, however,
shall be informed, at the time of application for admission, of the need for
a new or renewed passport.
b. The passport should be valid for a minimum period of 6 months from the
expiration date of the initial period of admission or contemplated period
of stay in the United States. The passport may be either the one in which
the visa stamp has been placed, or a new passport. Thus, an alien can
present two passports; one which fulfills the visa requirement and the
other the passport requirement. The alien's nationality, as indicated in
the new passport, must be the same as that shown in the passport
bearing the visa foil.
I'd contact the State Department again, ask them to take a look at 9 FAM 41.112 N6 and see if their advice is the same.
It was just updated less than a year ago, so they may not be familiar with the most recent guidance.
Nov 2nd 2009, 10:07 pm
#12
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Location: Kentucky
Posts: 38,865
Re: Changing From Indian Passpot To Australian Passport in USA
Ian
Nov 2nd 2009, 11:19 pm
#13
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Changing From Indian Passpot To Australian Passport in USA
I called the Dept Of State again and they told me to speak to Dept of Customer & Border at your port of entry which is Seattle since they are the one who descides who can come into US.
The person there said since the Indian passport will become invalid because India does not support dual citizenship her visa will also become invalid and they will not allow her to enter in US with a visa that is on invalid passport.
If India were to support dual citizenship then this would not have been a issue since the Indian Passport was valid.
She can still continue to stay in USA till her I-94 expires and work using EAD.
Thanks
Amit
The person there said since the Indian passport will become invalid because India does not support dual citizenship her visa will also become invalid and they will not allow her to enter in US with a visa that is on invalid passport.
If India were to support dual citizenship then this would not have been a issue since the Indian Passport was valid.
She can still continue to stay in USA till her I-94 expires and work using EAD.
Thanks
Amit
I told you the issues were interesting. You are noting many of the same issues that popped up in my head.
Nov 3rd 2009, 12:50 am
#14
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Changing From Indian Passpot To Australian Passport in USA
I'm glad you got that settled. It could have been a serious problem and a significant expense if you attempted to enter without the correct documents.
Nov 3rd 2009, 1:20 am
#15
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Joined: Jun 2005
Location: Oz -> UK -> San Diego
Posts: 9,912
Re: Changing From Indian Passpot To Australian Passport in USA
Recent news story: http://news.rediff.com/report/2009/o...h-oci-card.htm
Last edited by Ozzidoc; Nov 3rd 2009 at 1:22 am.