Community › Forums › Legal Advice India › Detained in India for eVisa Overstay: Seeking Advice on Fine Appeal and Next Steps
- This topic has 18 replies, 5 voices, and was last updated 1 year, 5 months ago by
User_d675f4b0.
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WWisepanda8394
PARTICIPANT
January 14, 2025 at 1:12 pmI’m currently in a bit of a dilemma and could really use some advice or insights from anyone who might have faced a similar situation. I’m a tourist in India, and I’ve been traveling in and out of the country on my eVisa every six months for the past couple of years without any issues. I’ve done this five times and even have the stamps to prove it.
However, during my last attempt to leave India, things took a turn for the worse. I was detained and informed that I had overstayed my visa. They put me in a room where they checked my phone and laptop without my consent, asking me some rather strange questions, including whether I was from Pakistan and why a photo of a scooter spare part looked suspicious to them. It was a really bizarre experience.
When I explained that I had no idea about the rule stating I could only stay for six months within one calendar year, they didn’t seem to be sympathetic at all. They blamed me for not knowing the rules, which I honestly didn’t. I told them that I should have been stopped earlier if that is the rule.
Now, I’ve been informed that I need to go to the FRRO office to pay a hefty fine. I’m wondering if there’s any way to appeal this fine or if I can explain my situation and possibly get it reduced or waived. Has anyone faced something similar? Can I argue that I genuinely didn’t know about the six-month rule? Any advice or tips on how to navigate this situation would be greatly appreciated. -
MMegamaster2414
PARTICIPANT
January 14, 2025 at 1:38 pmExcuse that “I did not know” is not a legal defence per se. At most, it is an appeal to discretion of the Officer. So that is your best bet.You don’t know have regular legal protection from search and seizure at immigration/customs checkpoints.
You clearly know that you were abusing the system with “Visa runs”.
Just pay the fines, take your loss and move on.
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WWisepanda8394
OP
January 14, 2025 at 1:49 pmI adhered to the guidelines outlined in my passport visa stamp, which specify a maximum stay of 180 days per visit, and I stayed within those limits. Everything was fine until my most recent visit, and I genuinely acted out of ignorance.-
MMegamaster2414
PARTICIPANT
January 14, 2025 at 1:50 pmDoes not matter. As I said, ignorance is not a legal defence.
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UUser_d675f4b0
PARTICIPANT
January 15, 2025 at 4:09 pmThis guy is an LTTE OPERATIVE-
WWisepanda8394
OP
January 15, 2025 at 4:32 pmpls brow go watch some disney and tell you mom to heat up some milk
[https://www.reddit.com/r/TotalbyVerizon/comments/1g5dris/is_disney_plus_still_working/?utm_source=share&utm_medium=web3x&utm_name=web3xcss&utm_term=1&utm_content=share_button](https://www.reddit.com/r/TotalbyVerizon/comments/1g5dris/is_disney_plus_still_working/?utm_source=share&utm_medium=web3x&utm_name=web3xcss&utm_term=1&utm_content=share_button)-
UUser_d675f4b0
PARTICIPANT
January 15, 2025 at 4:36 pm:)) I know the pleasure of having parents. Did yours get shot by the Lankan army while they were running around with video cameras?-
WWisepanda8394
OP
January 15, 2025 at 4:41 pmwow did i trigger you..
so i got to you.. you weak.. do youself a favor drink that glas of milk and go to bed its past you bedtime, there is no disney at night-
UUser_d675f4b0
PARTICIPANT
January 15, 2025 at 4:46 pm:)) you are the one triggered and under investigation.
Let us know your name and location, I will personally file a FIR with NIA and get you arrested under UAPA act and also for violation of visa rules
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UUrbandude719
PARTICIPANT
January 14, 2025 at 5:20 pmNAL. How much is the fine?-
WWisepanda8394
OP
January 15, 2025 at 2:49 am1k usd
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WWisebear8536
PARTICIPANT
January 14, 2025 at 10:03 pmContinuous stay in India on each entry should not exceed 180 days.
> Maximum stay in India in one calendar year on an e-Tourist Visa or paper Tourist Visa or both, shall be restricted to 180 days.I have a paper Visa and E-Visa. Both say the same. 1 for a year, other for 5 years.
This is the exact wording from my Visas copied and pasted.If you plan to exceed the 180 days in calendar year on the 179th day you should have filed with FRRO.
Pay the fine and move on. This was your mistake/oversight.
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WWisepanda8394
OP
January 15, 2025 at 2:53 amWhat you all seem to misunderstand is that I adhered to the passport stamp that states no more than 180 days per visit. If I had followed the government’s guidelines, I would have exceeded that limit a long time ago. However, I was allowed to leave and re-enter India multiple times, which suggests that the immigration office shared my understanding of the rules. Therefore, it’s not my fault; it’s the immigration authorities who didn’t follow the regulations they were supposed to enforce.
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UUser_d675f4b0
PARTICIPANT
January 15, 2025 at 6:52 amDo you qualify for OCI?
What passport do you hold?-
WWisepanda8394
OP
January 15, 2025 at 9:14 amMy family has a long history of Indian descent, making it difficult to qualify for OCI. We originally come from Tamil Nadu but migrated to Sri Lanka many years ago, so OCI isn’t a viable solution for us, even though I have an Indian appearance.
my passport denmark-
UUser_d675f4b0
PARTICIPANT
January 15, 2025 at 1:14 pmHmm. Given the current environment, and past history of Europe, sri Lanka and India.My advice to you would be to pay the fine immediately, do not argue, leave and don’t come back ever.
Some smart govt officials can easily flag your travel patterns as concerning and possibly against the interests of India. If I was an official, I would have arrested you by now and sent you for intense interrogation for as long as possible.
You are lucky. So pay the fine and leave ASAP and do not come back ever.
Either you have been working in India without a proper visa hence so many frequent trips for such long durations, or you work for a foreign intelligence/NGO funded by Soros. Or you are engaging in illegal conversions.
All of them are punishable by law.
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WWisepanda8394
OP
January 15, 2025 at 1:47 pmAre you stupid?
Please get lost if you are not a lawyer
First of all, not doing anything illegal; my grandparent is from this country; you donkey, I speak the language; I will come back again by boat if I want to. if you love India, go fix the poor who sleep on the street, Oh wait, you are safe in your little house where you dont have to look at them, so u dont care
Also, have you heard of family sending money
or a saving?
dont come back ever, dude, dont go to school ever, Your education system is from the same people who looted the shit out of you and you still kissing their behind and loving there system. Remember, India has never really been a free country when the follow the way of western education
Stop acting like you own India when you have not done anything to help the one at the button.
i was in the intergation room from the airport; it wasnt an issue because i was innocent
I hope you get into interogation room yourself and you start to cry and ask to speak with your mama
you can take your advice and put it in the bin.-
UUser_d675f4b0
PARTICIPANT
January 15, 2025 at 2:26 pmHmm if your grandparents are from India why don’t you have OCI?
Why do you have to stay so long in India?Yeah you need to be arrested and interrogated and all your past visits need to be verified.
How do you support yourself when you are in India most of the time without work?
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UUser_d675f4b0
PARTICIPANT
January 15, 2025 at 4:13 pmI was right. This guy is an eelam operative. He gets funding for the eelam movement in sri Lanka and in return he aids in illegal conversion work in India.He should be arrested immediately.
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