AHMEDABAD: The Gujarat high court ordered the government to issue a passport to 18-year-old Vatsal Brahmbhatt, who needs it badly for immigration purposes and for further studies in the US after his passport expired in 2009 due to him overstaying in the US.
The authority, the Indian Embassy in Chicago refused to renew his passport and the government insisted that the teen should return India first to get a new passport because after going to the US in 2008 on a visitor’s visa, he overstayed illegally. Brahmbhatt has been living with his grandparents since 2008 as their ward and completed his schooling in Illinois. He wanted admission to college, but did not have any document to establish his identity. The lack of his Indian passport was a hurdle in the immigration process initiated by his grandfather.
According to case details as narrated in the HC order, Brahmbhatt’s grandfather, Dineshchandra, had gone to the US in 2005 on the immigration process initiated by his daughter. He became a US citizen in 2010. Meanwhile, his son Mitulkumar, daughter-in-law and grandson, Vatsal, visited the US on visitor visas in 2008. Brahmbhatt’s parents returned, but his grandparents kept the child with him in the US and insisted that he would complete his studies there. The grandparents decided to adopt him in the absence of his valid identity proof. Brahmbhatt’s passport, obtained when he was one year old, expired in 2009.
In 2012, Dineshchandra applied for immigration for his son’s family. As the family was waiting for their visa call, Brahmbhatt approached the Indian Embassy for renewal of his passport, but was refused. Later, the Indian authorities insisted on his return.
Brahmbhatt’s grandfather and father approached the high court last year. They argued that I-797C is in the name of his father and the child is a derivative beneficiary and is entitled to the same immigration benefits. Since he resides in the US, he has only filed the I-485 form for Adjustment of Status is the USA and thereafter will be extended the benefit of a green card.
Before the court, the government argued that it would only be a visa notice and the status or benefit of immigration has not been accorded yet.
After hearing the case, Justice Vipul Pancholi agreed with the petitioners’ arguments and ordered the government and its outsourcing agency to issue him a passport within four weeks after accepting the necessary fees.