PDA

View Full Version : Citizenship of my child


Jomiabilash
09-04-2013, 10:17 AM
Hi,

I am currently on an L2 and am planning on having my baby here in the US. I gathered information about applying for an Indian passport for my child through the embassy by submitting a notarized birth certificate. This process makes my child an Indian citizen. But by Birth the child is an American citizen ,but does not have a US passport since India does not allow for dual citizenship.

Now in the event that I travel to India with my child on an Indian passport ,what are the complications involved for my kid while re-entering the US while the child is still a MINOR with an Indian passport but technically being a US citizen?

saketkapur
09-04-2013, 11:11 AM
Why are you over complicating things. Get your child a US Passport and apply for a PIO card with the Indian consulate. That way he retains his American citizenship and can still travel to India without issues.
There is also an OCI card which is better because that gives long term stay in India easy but not sure if your child will qualify for the same.
Check the Indian consulate's website for detailed information.

TeddyKoochu
09-04-2013, 11:33 AM
When your child is born in USA you have 2 options
1) Take up US Citizenship by applying for a US passport
2) Take up Indian citizenship by applying for Indian Passport since the parents are Indian citizens the child is eligible for Indian Citizenship.

Now you have to choose one of the 2 options by getting a Indian passport you are efectively letting go US citizenship for now. Child has the option till the age of 18 to choose his / her country of citizenship. You can't get both passports for the child, Iam not sure how dual citizenship works for countries where its applicable but you can still legally hold only 1 passport at a time (I maybe wrong on this).

For now if you choose US passport / citizenship child gets PIO card after 18 years age child gets OCI card, they donít give PIO before 18 because right now the child can have a Indian passport.

So if you want your child to be a US citizen apply for US passport and PIO after you get the childís birth certificate and SSN.

Jomiabilash
09-04-2013, 12:10 PM
Thanks for the answers...

I am aware of the details regd. to have to choose between one citizenship because India dos not recognize dual citizenship... The reason I am dwindling between the actual decision is 'coz my Visa expires in Jan 2014. My baby will be born before that.. In the event that I apply for a US passport and my Visa gets rejected, I will have to go back to India with an NRI child on an Indian salary ... If I take an Indian passport for the child and I get my visa renewed , then the child cannot have a US passport .If I were to leave the US with the baby's Indian passport, re-entering US is the next catch since my baby is technically a US citizen and will require a US passport...

So.. bottom line.., my visa status is the deciding factor for me, but I don't want to compromise my child's future....

keyurpatel80
09-04-2013, 12:59 PM
Thanks for the answers...

I am aware of the details regd. to have to choose between one citizenship because India dos not recognize dual citizenship... The reason I am dwindling between the actual decision is 'coz my Visa expires in Jan 2014. My baby will be born before that.. In the event that I apply for a US passport and my Visa gets rejected, I will have to go back to India with an NRI child on an Indian salary ... If I take an Indian passport for the child and I get my visa renewed , then the child cannot have a US passport .If I were to leave the US with the baby's Indian passport, re-entering US is the next catch since my baby is technically a US citizen and will require a US passport...

So.. bottom line.., my visa status is the deciding factor for me, but I don't want to compromise my child's future....

As far as I know, US will not let your child enter with Indian passport since he/she is US citizen. so they will force you to apply for US passport and let he/she enter in US.

so applying for US passport is best option for you.

ds37
09-04-2013, 01:20 PM
As far as I know, US will not let your child enter with Indian passport since he/she is US citizen. so they will force you to apply for US passport and let he/she enter in US.

so applying for US passport is best option for you.

As Teddy rightly said. once you opt for indian passport child is no longer a US citizen. He does have an option to get the US citizen. So when you come back with child having an Indian passport he will be treated as Indian Citizen (He will need the visa H4/L2/B2 depending upon your status.) So Better get the US passport and PIO. IF you have to leave in hurry you can get US passport in 3 days and Visa in 2 days. Any way It's your call.

DS

bpratap
09-04-2013, 01:28 PM
What is the rationale behind applying Indian Passport for your US born Kid ?

I presume like most of the people who are here on H1B/L1, its a dilemma, whether to stay in US or go back to India some time. and most of us end up staying here in US.

Correct me if I m wrong,
If the US born kid is having Indian Passport, he/she will consume 1 more Green Card from the limited quota of Green Card available to people from India, when his/her GC is applied as a dependent of the parents. Already GC backlogs are getting longer and longer, do you want to waste few more, when the kid is already eligible for US Citizenship ?

I have couple of aquaintences who have applied from Indian passport for their kids, as they thought its better to get GC together as family than Kids having US Citizenship. Their thought process was, if the kid is going back to India sometime in the future, they may have to pay NRI fee when they get admission in any professional colleges. (which is atleast 18yrs from DOB). this Idea seems to be dumb in my view point.
1. Most of us will end up living in US, else you and me wont be in this forum
2. IF by any chance, they had to move back to India, and have to get admission to Professional Colleges at age 18 ? he/she have an option to choose if he want to have Indian Citizenship or USC. also in future they can apply for Indian Passport, as the parents are/were Indian Citizens.

My recomendation is to apply for US passport and take PIO card. that way the Kid dont have problems traveling/living in India if need be.

krishmunn
09-04-2013, 01:30 PM
As Teddy rightly said. once you opt for indian passport child is no longer a US citizen. He does have an option to get the US citizen. So when you come back with child having an Indian passport he will be treated as Indian Citizen (He will need the visa H4/L2/B2 depending upon your status.)
DS

That's not right. The child will NEVER get a US Visa. the child remains a USC.
If OP decides to come back to US with the child, OP will need to apply for a US Passport at a consulate in India and use the US Passport for travel. The Indian PAssport need to be surrendered after obtaining US Passport

doreenam
09-04-2013, 03:24 PM
The child will not need a US visa, but need US residency - Green Card.

saketkapur
09-04-2013, 04:08 PM
As someone rightly mentioned: It takes 3 days to get a US passport under the expedited Service option:

Minors Under Age 16 (http://travel.state.gov/passport/get/minors/minors_834.html)

Passport Fees (http://travel.state.gov/passport/fees/fees_837.html)


My kids PIO card took 2 weeks to come. If your kid will be born in the US, I am pretty sure you won't be on a flight back home next day. If you are going to be in the US for the next couple of months then stop taxing your brain so much and apply for the 2 documents asap after birth.

Have fun with your baby and don't stress too much.

krishmunn
09-04-2013, 06:23 PM
The child will not need a US visa, but need US residency - Green Card.

Nope! The child will need a US Passport to enter US. It can be obtained from US consulate

mk6803
09-05-2013, 05:11 PM
As someone rightly mentioned: It takes 3 days to get a US passport under the expedited Service option:

Minors Under Age 16 (http://travel.state.gov/passport/get/minors/minors_834.html)

Passport Fees (http://travel.state.gov/passport/fees/fees_837.html)


My kids PIO card took 2 weeks to come. If your kid will be born in the US, I am pretty sure you won't be on a flight back home next day. If you are going to be in the US for the next couple of months then stop taxing your brain so much and apply for the 2 documents asap after birth.

Have fun with your baby and don't stress too much.

We got the US passport for our younger one at Philadelphia in 2-3 hours when he was 10 days old and had not yet received his SSN. Just ensure that your documents are in order and things will be smooth.