baby born in usa!! Can they get Indian passport

L

localmadras

Registered Users (C)
Hello,

Please advice.

If the baby is born in usa for Indian Parents (Perm Resi usa )

1) are they usa-citizens by birth

2) are they eligible for american-passports

3) are they indian-citizens by descent

4) are they eligible for indian-passport

5) can they have both usa & indian passports

6) do Parents have option to choose what passports they apply for the kids

7) do Parents have option to choose what citizenship kids might recieve


I know that, baby born for indian parents in U.K are not U.K citizens by BIRTH.
That means, baby is an indian citizen by descent & indian passports should be applied.

8) do the babies have flexibility in usa to be dual citizens (for a period of time maybe less that 18years of age) and carry two passport ?


Thanks in advance.
localmadras
 
ANS 1: YES

ANS 2: YES

US-born children born to Indian Parents can claim Indian Citizen Status by heritage ie. can travel and live in India. I am not sure whether they will be issued an Indian Passport until they decide to retain Indian Citizenship after 18 years of age. Until they are 18 years old, they can carry both nationalities. Once 18, they are forced to choose one or the other. 99% will choose to retain US Citizenship. I know of only one kid who gave up his US citizenship (was only born here and left for India while very young) at age 18.

My understanding is that UK-born children automatically become UK citizens by birth. Right? That’s the case in US and Canada.
 
India still does NOT allow dual citizenship but my understanding is that any child holding a foreign citizenship, born to Indian Parents are only required to relinquish one citizenship and retain the other at the age of 18 years.

With the "People of Indian Origin" (PIO) card, any foreign citizen (of Indian Origin) can obtain the right to live & work in India if she/he possess a PIO card. Kinda like an Indian Green Card. I think its a better deal than the 10-yr visa.

Hopefully, the PIO card will turn to dual citizenship shortly.
 
clarification

thanks for all info guys. Few more clarifications.


Until they are 18 years old, they can carry both nationalities.
Click to expand...

If they are not given Indian-passport, what is the proof-of indian-citizenship. Do we need to take a indian-visa for the kids to travel to india ?

Maybe under Indian law. Under US law, they are not forced to anything.
Click to expand...

Does that mean, there is no need to tell US that we have dual-citizenship.


Dual Citizenship on the way -----
Click to expand...
From my understanding, for travel purpose, the passport's dictate your country-of citizenship. My question, can we have two-passports one from US & one from India.
 
thank you so much...

this particular FAQ explains all the information i needed. Thank you so much all you guys.

COPIED from that URL...

# But it's against the law to have more than one passport, isn't it?

There is nothing in US law forbidding a US citizen to possess both a US passport and a foreign passport -- provided, of course, that the person really is a citizen of both countries.

Now, of course, it is possible that the other country in question may have objections to multiple passports. This is especially likely in cases where the other country does not permit dual citizenship -- and sometimes it could result in intractable situations, especially when children are involved (owing in part to the fact that US law makes no specific provisions for renunciation of US citizenship by young children).

India, for example, does not permit dual Indian/other citizenship and forbids an Indian citizen (even a child) to possess, be listed in, or use a passport from any other country but India. Since a child born in the US to Indian parents is automatically a US citizen under US law, an impossible situation could result if the parents wanted to get their child an Indian passport (or list him/her in a parent's passport) -- since current US passport regulations require the child to have a US passport in order to enter the US after he/she reaches age 12.

In practice, so I am told, Indian parents generally deal with this situation by not registering their US-born children as Indian citizens until and unless the child is going to be moving permanently back to India.

Even when possession of multiple passports is technically legal, it should be kept in mind that the border officials of some countries may not understand this fact and might even conclude that a traveller found to be carrying more than one passport is "obviously" planning to engage in some sort of criminal activity. Even US officials, in recent years, have been known to harass legitimate dual US/other citizens when they travel with multiple passports.

Hence, it is probably advisable not to travel with more than one passport at a time if at all possible. And if you are a dual US/other citizen living in the US, and your trip will start and finish in the US, it is almost certainly best to bring along only your US passport; you'll need it in any case when you return.

Of course, if your itinerary involves stops in both of your countries of citizenship, and each country happens to require you to present one of its own passports when you enter, you may not have a choice. If one or the other country permits some sort of alternative documentation as proof of citizenship at the border, it might be preferable to carry this in place of a passport from that country. For example, Canada offers a wallet-sized "Certificate of Canadian Citizenship" photo ID card, which can be used in place of a Canadian passport when travelling between Canada and the US.

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