Citizenship by birth

[jllag1]

My wife and I are indian citizens and US PR. Recently we had a baby born here in US. I understand that she is a US citizen by birth. I am wondering about her Indian citizenship. The way I read the indian law, we have to register her at a indian consulate within 1 year of her birth for her to acquire her indian passport. Am I correct in this understanding? What happens if we don't register her? Will she permanantly loose her right to indian citizenship or can she assert her indian citizenship at age 18?

I looked up the form to register here. In that the parents have to certify that we have NOT applied for her american passport. We have not YET applied for her american passport (waiting on official birth cert). So technically, we can certify under oath that she has not applied for US passport. Should we register her, apply for her US passport and than give up the indian citizenship, so that at age 18, she has the option of getting it back? ( I know 99% that she will always be an american, but I like keeping the options open for my kid).

Any ideas will be appreciated. Thanks.

 

[danni]

Congratulations on your baby!

I'm really not sure, so probably shouldn't respond, but I think the US assumes your daughter is American until she's 18 (no matter what else). Then, since the US doesn't recognize dual citizenship, if she holds on to another country's citizenship OR chooses another country's citizenship, then she would lose her US cit.

It sounds like she will lose her chance for Indian cit. if you don't register her within one year. I would suggest holding off getting her a US passport and follow the rules for India if you want to register her there. Then you are allowing her to make a choice when she's 18. Good luck!

 

[backroady]

The U.S. recognizes dual citizenship. The above post is incorrect.

 

[csc092000]

IMO get her US passport and apply for OCI (Sort of dual citizenship) for your kid.

 

[Sand Diego]

I'm really not sure, so probably shouldn't respond, but I think the US assumes your daughter is American until she's 18 (no matter what else). Then, since the US doesn't recognize dual citizenship, if she holds on to another country's citizenship OR chooses another country's citizenship, then she would lose her US cit.

It sounds like she will lose her chance for Indian cit. if you don't register her within one year. I would suggest holding off getting her a US passport and follow the rules for India if you want to register her there. Then you are allowing her to make a choice when she's 18. Good luck!

WRONG. The US accepts and recognizes dual citizenship. There is no loss of US citizenship just for holding or using another citizenship except in very rare cases (e.g., done with the intention to relinquish US citizenship).

The issue here is with Indian law. Check the mega thread on the subject: http://boards.immigration.com/showthread.php?t=140033

 

[jllag1]

All right, thanks. I think I will first register her with indian consulate and than apply for her US passport (so that I don't have to lie on the application). Once I apply for her US passport, I can invalidate her indian passport and at 18, she can decide for herself what she wants to do.

 

[tamtom]

jilag1 wrote:

<<Once I apply for her US passport, I can invalidate her indian passport and at 18, she can decide for herself what she wants to do.>>

As far as I understand, if you invalidate her Indian passport, she cannot automatically recover Indian citizenship at 18. She would have to spend a certain amount of time in India living as a foreigner first, then after meeting the residency requirements, she can again apply for Indian citizenship by registration. It is not given back to her immediately or automatically.

 

[sam_c]

All right, thanks. I think I will first register her with indian consulate and than apply for her US passport (so that I don't have to lie on the application). Once I apply for her US passport, I can invalidate her indian passport and at 18, she can decide for herself what she wants to do.

Under the US constitution your daughter became a US citizen at birth and applying or not applying for her US passport does not change that fact. There are lots of Americans who don't have a passport but that does not mean they are not US citizens. The same is applicable to your daughter. So please keep that in mind when filling out forms at the Indian consulate - my guess is that since she's a US citizen (if you indicated otherwise on the application, that's incorrect) they'll not grant her an Indian passport.

Also, you as parents cannot take away her US citizenship - the law does not permit it as far as I understand. Only she herself can renounce her US citizenship when she is 18. Not sure how this plays out w.r.t. dual citizenship, etc.

Sam

 

[tamtom]

So please keep that in mind when filling out forms at the Indian consulate - my guess is that since she's a US citizen (if you indicated otherwise on the application, that's incorrect) they'll not grant her an Indian passport.

sam_c,

India only objects to the other citizenship if it is "voluntarily acquired". You can fill out the form and state that the child has "involuntarily acquired" U.S. citizenship, and they should still grant the Indian passport. At least, the Indian consulate has told us that they routinely grant Indian passports to children of Indian citizens born in the U.S.

 

[sg_orl]

All right, thanks. I think I will first register her with indian consulate and than apply for her US passport (so that I don't have to lie on the application). Once I apply for her US passport, I can invalidate her indian passport and at 18, she can decide for herself what she wants to do.

You are unncessarily complicating things. You don't need to register with Indian Consulate. She is an american by birth. Get her an american passport and may be a PIO Card or OCI (Overseas Indian Citizenship) to travel to India or even education in India.

If she decides to acquire FULL Indian citizenship, she can move to India after turning 18, live there for a year as an OCI and then apply to become Indian citizen. At this time she cannot hold FULL citizenships to both US and India. India does NOT recognize FULL DUAL CITIZENSHIP. Since Indian does act on piecemeal basis, who know what the laws or rules will be in another 17 ro 18 year!