Citzenship question a unique case

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andy505

Registered Users (C)
I have a unique case of citizenship here and want advice from experts.
An India born child, age 10 years gets his citizenship thru his parents who took US citizenship. After citizenship they went back to India. This Child at the age of 19 years, accepts Indian citizenship and peruses his career in IT sector in India. After some years he decides to come to USA. Can he file the H1 papers and get in USA? What would be implication in this case if he again tries for US Citizenship?
 
Did the son explicitly give up citizenship after he turned 18 ? There is a process by which he fills out a form, gives reason for giving up citizenship etc. Until that is done citizenship is not given up. Just getting an Indian passport does not mean US passport is invalid. If he has not explicitly given up his US citiznshp he may just be able to get a passport based on his earlier citizenship and use that passport to enter the US and work..

I am not a lawyer so please do more research on it....
 
AFAIK, India requires renouncing previous citizenship before acquiring Indian citizenship. So, I would assume he did renounce his US citizenship in front of a consul. Now, he needs to walk the usual path: H1B -> EBGC -> Naturalisation. Not a good time for that as economy is still down.

This member [andy505] has asked the same questions in at least two other threads. The subject revolves around the same idea: renounce US citizenship, acquire Indian citizenship, receive subsidised cheap Indian education, and then re-acquire US citizenship. I will not pass judgement on the ethical aspect of this question, but the whole idea will not be practical for sure. Re-acquiring US citizenship would take somewhere from 10 to N years counting from the time he is admitted to US on H1B visa.
 
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#1. Assuming that his parents are USC, could they not sponsor him for GC? This is just to discuss an alternate route rather than the timelines. Could this be initiated as soon as he renounces? ... CIS officer is going to go bonkers seeing this, but if it is legal, I guess it could be done.

The next question will be whether renouncement form, and application for his GC sponsor can be sent in the same envelope and processed sequentially?
[ Sorry, just having fun... ]

#2. If the OP is asking this question theoretically for future planning (rather than having already given up USC), you never know how the laws will be in 10 years time.
 
andy505 said:
I have a unique case of citizenship here and want advice from experts.
An India born child, age 10 years gets his citizenship thru his parents who took US citizenship. After citizenship they went back to India. This Child at the age of 19 years, accepts Indian citizenship and peruses his career in IT sector in India. After some years he decides to come to USA. Can he file the H1 papers and get in USA? What would be implication in this case if he again tries for US Citizenship?
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Did the child (or his parents acting for him) ever renounce his U.S. citizenship to the U.S. authorities? If not, he might still be a U.S. citizen, even if he, as you put it, "accepted" Indian citizenship at age 19.
 
andy505 said:
What would be implication in this case if he again tries for US Citizenship?
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Once US citizenship is officially renounced, it's irreversible.In other words you can't get US citizenship back once you give it up (except in limited cases).
 
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In India, IT sector education is not worth giving up US Citizenship. firstly, there are tons of universities/colleges which are cheaper to get education from. secondly, unless one goes to (or wants to/qualifies to) premier institutes like IIT, IIM, etc. they can use NRI quota. If one leaves premier institutes, there are tons of government sponsered universities/colleges where NRI quota is available and whole 4 years of education may cost $50,000. If one prefers to goto private university/college, it may cost around $100,000 for all four years.
If the intention is to save 50% of this amount by claiming to be Indian citizen, I would advise not to mess up your child's future. And if you are in IT, I am sure you make up this additional money in 4 years that your child is in college.
And lastly, if you are Indian and your child looks Indian, may be you can get by claiming him to be Indian citizen; you don't have to prove citizenship/legal status unless you want some other benefit. No eating cake and keeping it too.
 
TheRealCanadian said:
Parents cannot renounce citizenship on the child's behalf.
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Ah, yes, you are correct. Still, it is unclear from the OP's original post if the child in question ever formally renounced his U.S. citizenship to the U.S. consular authorities.
If not, then he is still a U.S. citizen.
 
Bobsmyth said:
Once US citizenship is officially renounced, it's irreversible.In other words you can't get US citizenship back once you give it up (except in limited cases).
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It is irreversible in the sense that you cannot directly revert to having citizenship. But as far as I know, it is still possible to regain citizenship by going through the usual visa/GC/naturalization process like what every other noncitizen would do. I don't see past renunciation listed as a permanent bar to naturalization.
 
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