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Manish Bagdi
Last Updated 01 Oct 2024
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Legal Responsibilities of US Visa Holders from India

Understanding the legal responsibilities is important for those starting the exciting journey of living and working in the United States. If you’re a visa holder from India, staying informed about the rules and regulations governing your stay is essential. Whether you’re on a student visa, work visa, or even have a Green Card, following the legal responsibilities of US visa holders from India is necessary to maintain your status and ensure a smooth experience in the US.

In this blog, we'll explain the key legal responsibilities, including the US immigration rules for Green Card holders and India residency rules you should keep in mind.

1. Maintaining Legal Status

The most important responsibility for any US visa holder is keeping your legal status. This means you must follow the conditions of your visa. For example, if you're on an H1B work visa, you need to keep working for the employer who sponsored your visa. Similarly, student visa holders (F-1 or M-1) must stay enrolled in their educational program.

Not meeting these conditions can result in losing your legal status, which may lead to deportation or trouble extending or renewing your visa. Regularly check your visa expiration dates and apply for extensions or renewals before your current visa expires.

2. Follow the US Immigration Rules for Green Card Holders

If you're lucky enough to have a Green Card (permanent residency), your legal responsibilities don’t go away. Green Card holders must follow US immigration rules for Green Card holders, which include several important duties:

  • Residency Requirement: Green Card holders need to live in the US most of the time. You can't stay outside the US for long periods without permission. If you're gone for over six months, you may be questioned when you return, and staying out of the country for over a year could cause you to lose your permanent residency status.
  • Paying Taxes: Green Card holders must file and pay US taxes, even if you have income from India or other countries. It's important to understand how the US tax system works to avoid any legal trouble.
  • Renewal: Green Cards are usually valid for 10 years. Make sure to renew it before it expires. Not doing so could cause legal issues when travelling or applying for jobs.

3. Following India Residency Rules

If you’re a US visa holder from India, it’s important to be aware of India residency rules. Depending on how long you’ve been living outside India, your residency status may change, which can affect your tax responsibilities in India. The two key categories to understand are:

  • Resident Indian: If you live in India for at least 182 days during a financial year, you are classified as a Resident Indian. As a Resident Indian, your global income is taxable in India.
  • Non-Resident Indian (NRI): If you spend less than 182 days in India during the financial year, you will be classified as an NRI. As an NRI, only the income earned in India is taxable, not your global income.

Many US visa holders from India may find themselves in the NRI category due to their extended stays in the US. Understanding these India residency rules is key to staying in line with tax laws in both countries.

4. Reporting Changes

Visa holders are legally required to report any changes in their personal information to the US immigration authorities. This includes changes in your address, employment, or marital status. Failing to report such changes could lead to violations of your visa terms.

For example, Green Card holders must inform US Citizenship and Immigration Services (USCIS) about any change of address within 10 days of moving. Similarly, if you're on a work visa and switch employers, you must notify the relevant authorities to update your visa status.

5. Obeying US Laws

All US visa holders must follow national, state, and local laws. You are expected to obey the laws of the US just like any citizen. Any criminal activity, including minor offenses like traffic violations, can have serious consequences for your visa status. In extreme cases, you could face deportation if found guilty of a serious crime.

Conclusion

As a US visa holder from India, it’s important to understand the legal responsibilities of US visa holders from India to avoid any legal issues. Whether you’re following India residency rules or meeting US immigration rules for Green Card holders, staying informed and following the regulations ensures a smoother experience in the US.

By keeping up with these legal responsibilities, you can focus on enjoying your time in the US while maintaining a secure immigration status. Remember to stay informed about both your US visa and Indian residency status, and ensure you're following the laws in both countries. For further information on USA visas for Indians, it's recommended to consult with immigration professionals or reliable online resources.