Common Frequently Asked Questions

Yes, it is necessary to fill out a new Form DS-160 for every visa application. Each of the visa interviews and visa types needs a separate DS-160 form.

Just after you submit the form DS-160, you should download and print the confirmation page, which contains the application ID. This is also a green light to schedule the interview for the visa application, as you need to bring this form along with you to the visa interview.

In case of denial, there is no formal process to appeal. All you need to do is fix the issues of denial and reapply. If you are not able to navigate the reasons for the denial, then you can also consider consulting with an immigration attorney.

The definition of an Indian student to be considered as an NRI or not is different for FEMA and ITD. As per FEMA, if an Indian student leaves India for studying abroad, he/she will be considered as an NRI, but for income tax purposes, to become an NRI, their residency status is important. Also, the days you have spent in India are considered.

For the residents of India, your income earned internationally will be taxed in India, regardless of whether you earn it inside or outside India. It is subject to the Indian Double Taxation Avoidance Agreements with countries abroad. If you are an NRI, then the income earned outside India will not be taxed in India.

If you do not have any earnings in India, then you are not liable to file the Income Tax Returns in India. If there is no taxable income, then there is no need to file ITRs.

An Aadhaar card is not compulsory for NRIs to file the ITR. The requirement of providing the details of the Aadhaar card is only for those individuals who have an Aadhaar card. As the NRIs are not residents of India, they are not eligible for the Aadhar card, so it is not mandatory for them. This rule applies to resident Indians.

The Income Tax Act allows the NRIs to file the belated return under section 139(4). In this way, the NRIs can regularize their taxes and file ITR even after the deadline. But for the late filing, there will be some extra charges for that, such as late filing fees, interest, and you will also lose some benefits.

In India, individuals and entities are only eligible to pay taxes if their income is within the income tax slabs. If your income is less than the basic exemption limit, then you are not entitled to pay taxes. Although you should fill out the ITR, as it serves as proof of your income to the Income Tax Department.

Yes, you can do this. There are no US tax implications on the money that you send from the sale of your Indian property to the US. Although it totally depends on the amount of money involved in this. In some cases, you may need to report this transaction by using IRS Form 3520.

Yes, there is a limit on the properties an NRI can sell in India and repatriate their funds. It is restricted to two residential properties.

The processing time for the NRI's repatriation request varies from one bank to another. In some banks, it takes about 2 working days, while in others, it can also take 7-15 business days for the submission and approval of your request.

A citizen of the US or a dependent of a US citizen is eligible for the repatriation of funds as per the US Repatriation Program. It also refers to the NRIs who transfer their income and asset proceeds out of India.

For NRIs of India, the meaning of Repatriable means the ability to send the funds freely from India to other foreign countries, which includes the principal amount and interest, while Non-Repatriable means the funds that are not allowed to freely move outside of India and are restricted.  The Repatriable accounts are generally linked to the NRE (Non-Resident External) accounts, and they don't have any limit for sending the money. The Non-Repatriable accounts are linked to the NRO (Non-Resident Ordinary) accounts, and they are restricted to transferring 1 million USD per financial year.

According to the FEMA regulations for NRO accounts, the principal amount of 1 million USD per financial year is allowed to be repatriated. You should keep in mind that there will be a TDS deducted from the interest earned on the NRO account.

You are not allowed to maintain NRE accounts after returning to India. You need to convert it into a resident savings account or transfer the funds into an RFC account.

The income earned in India by an NRI is liable to tax in India. The income that is earned outside India is not taxable in India.

The Exit Tax was levied under sections 115TD to 115TF of the Income Tax Act, 1961. It was imposed on the Accreted Income for trusts and institutions. It was introduced to address the merger, conversion, or dissolution of religious or charitable institutions that have previously experienced the tax-exempt status.

There are, as such, no penalties for not declaring the NRI status in India as per the guidelines of FEMA.

No, you cannot keep maintaining your NRI accounts after returning to India as per the RBI guidelines. You need to convert these NRI accounts into resident savings accounts.