Getting Citizenship/OCI for my daughters. Help Please...

G

gv_usa

Registered Users (C)
Hi All,
I need answers to this questions for planning purpose.

I will become eligible to apply for USC in March 2012 . I have 2 daughters (aged 15 and 12) who are currently in green card. We are planning r2i (for now) and my daughters need to start school in India on Aug 1st week latest.

From what I know, it takes about 5 months for citizenship processing in Atlanta. My question is:

(1) Scenario 1: Assuming that I could get the USC by july, then I can apply for US passport for me and children, get Indian Visa for kids before July end. Is it possible for my kids to go to India and apply for OCI card in India.

(2) Scenario 2: If I am not able to get the USC by July, then my kids need to travel to India in Indian passport. Is it possible for me apply for US passport for my kids while they are in India. Also can I apply for OCI while they are in India.

Hope I am making sense to you all.

Thanks
 
Scenario 2 is not possible - your daughters can derive US citizenship from parent(s) only if they reside in the US with the newly naturalized parent(s). You cannot apply for their US passports in India.

Scenario 1 seems plausible if your citizenship application AND Indian visa application gets processed smoothly.
 
They need to be living in the US with you on the day or after you naturalize, in order derive citizenship through you under the Child Citizenship Act.

You or they moving to India could jeopardize that. If you want to avoid complications and possible denial of their US citizenship, they and you should not move outside the US before you have their US passport or N-600 approved.
 
Scenario 1 is completely fine. They can apply for OCI in India.

Scenario 2 is technically not allowed. However, maybe they can go ahead to India (you will be staying in the US for your citizenship), come back for a week or so around your oath ceremony (they were essentially on a trip to India, so they could still have been living with you), get a same-day US passport, and apply the rest of Scenario 1.
 
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