I was reading this forum and came accross this thread. I do not understand why it has taken you guys so long to figur it out. I have 2 kids and both were born in the US and both carry Indian Passports. The kids have travelled to India about 3 to 4 times each. Before the first visit I called up INS and explained them my situation and they told me that as long as I have a valid ( Notrized) birth cirtificate showing that the child was born in the USA, I should not have an issue with the child entering the USA. Hope this helps.
Indian citizen baby born in US - have others had this situation?
- Thread starter tamtom
- Start date
worriedvery
Registered Users (C)
It would have helped people like me if I had joined the forum earlier and also if someone like you had replied earlier. The main reason for us to opt for US passport was this hassle with the travel. Many of us are genuinely interested in having Indian citizenship for our kids (the main reason being we plan to live in India and not America - and no other reason - nothing to do with ecomony, not to do with education opportunities - nothing), but are not able to retain it due to this problem. Not sure if there is any way to reverse this. I know there is an option of renouncing US citizenship at 18 and getting Indian passport. But, that takes time.
Do you know if your current arrangement of Indian passport and US birth certificate will work after the kids are 18 also?
To my understanding, till Jan 23, 2007 any US citizen could enter US ( air/land/water) by just showing the birth certificate as a proof of US citizenship. But from Jan 23, 2007 onwards the US gov. has come up with some strict passport rules. (ref. http://travel.state.gov/travel/cbpmc/cbpmc_2223.html). I would like to know if you (or any of your friends their kids) have taveled to US with your after the new travel requirements came into action.
Hi All,
I am facing a similar situation - baby to be born in US, returning to India soon after for long-term, wish for child to have a choice of citizenship when s/he's an adult, don't want to give up the Indian citizenship by ourselves.
From the messages posted above, I have figured that our best option is to have a US birth certificate (Notarized), Indian birth Certificate & Indian Passport from Indian Consulate. However, I am still looking for a few clarifications - esp in the light of new US Passport regulations for US Citizens & also since we may leave US within 2-3 months after the birth of the baby
Here are the questions :
- Will the US authorities let the US-born-but-not-US Passport holder baby to travel on an Indian Passport ?
- When the baby acquires the Indian Passport from the Indian Consulate, will it also require a Visa for the time it's in US ? ( We are here on a J category Visa)
- How long does it take to acquire the Indian Birth Certificate & Indian Passport from an Indian Consulate in US ( say NYC) ?
- Will the child necessarily require a US passport while returning to US ?
- If yes, will only the US birth Certificate suffice as proof to get the US Passport from a US consulate/embassy in India ?
- What is the last age beyond which the child can not apply for US Passport ?
I am facing a similar situation - baby to be born in US, returning to India soon after for long-term, wish for child to have a choice of citizenship when s/he's an adult, don't want to give up the Indian citizenship by ourselves.
From the messages posted above, I have figured that our best option is to have a US birth certificate (Notarized), Indian birth Certificate & Indian Passport from Indian Consulate. However, I am still looking for a few clarifications - esp in the light of new US Passport regulations for US Citizens & also since we may leave US within 2-3 months after the birth of the baby
Here are the questions :
- Will the US authorities let the US-born-but-not-US Passport holder baby to travel on an Indian Passport ?
- When the baby acquires the Indian Passport from the Indian Consulate, will it also require a Visa for the time it's in US ? ( We are here on a J category Visa)
- How long does it take to acquire the Indian Birth Certificate & Indian Passport from an Indian Consulate in US ( say NYC) ?
- Will the child necessarily require a US passport while returning to US ?
- If yes, will only the US birth Certificate suffice as proof to get the US Passport from a US consulate/embassy in India ?
- What is the last age beyond which the child can not apply for US Passport ?
I am traveling to India in 2 weeks. I will go to the Airport and enquire with the immigration people. Also if you read the web site it says " Beginning January 23, 2007, ALL persons, including U.S. citizens, traveling by air between the United States and Canada, Mexico, Central and South America, the Caribbean, and Bermuda will be required to present a valid passport, Air NEXUS card, or U.S. Coast Guard Merchant Mariner Document, or an Alien Registration Card, Form I-551, if applicable.". The point a valid passport was always required for travel between Indai and the USA. I will keep you posted.
I am traveling to India in 2 weeks. I will go to the Airport and enquire with the immigration people. Also if you read the web site it says " Beginning January 23, 2007, ALL persons, including U.S. citizens, traveling by air between the United States and Canada, Mexico, Central and South America, the Caribbean, and Bermuda will be required to present a valid passport, Air NEXUS card, or U.S. Coast Guard Merchant Mariner Document, or an Alien Registration Card, Form I-551, if applicable.". The point is that a valid passport was always required for travel between Indai and the USA. I will keep you posted.
I talked to the customs and border protection officer at the Detroit airport and was told that as long as the airlines accepts you they will respect you as a American citizan and will let you in with a Indian passport and the original Birth certificate.
OCI--not for child of Indian parents?
Tamtom,
Thanks for starting this thread--it has turned out to be very informative. Both of us, my wife and I, are Indian citizens, and are going to have a baby within few weeks in the US. After discussing, we thought that getting an OCI until the child is 18 years is perhaps the best thing to do as of now. However, when I visit this site (eligibility for minors), it appears that our child is not even eligible for an OCI. Are we missing something?
We plan to go back so the other option is getting a PIO, loose most opportunities that an Indian citizen enjoys, and inform the local authorities. The status will be similar to an NRI--do we have to keep notifying every 180 days or only once? How good is being an NRI w.r.t educational opportunities before XIIth (NTSE exams, national merit awards, etc.). What about multiple entry?
The third option: renounce US passport (that we use for the time being)and get Indian citizenship (passport). But then, if before 18 years, she decides to visit US (similar to your case), not having US passport is a problem again -- not so good.
Again, given the fact that we plan to go back and stay in India for larger portion of her 18 years, it may be worth giving up the US passport. My questions:
- Once renounced, if she later decides, can she get the US passport again?
- Even though the US passport is renounced, the citizenship (US) stays. when applying for Indian passport, that's legal. right?
Sorry for the long message. Given the depth of discussion going on here, we hope our questions will be speedily responded to here. Thanks, again.
Tamtom,
Thanks for starting this thread--it has turned out to be very informative. Both of us, my wife and I, are Indian citizens, and are going to have a baby within few weeks in the US. After discussing, we thought that getting an OCI until the child is 18 years is perhaps the best thing to do as of now. However, when I visit this site (eligibility for minors), it appears that our child is not even eligible for an OCI. Are we missing something?
We plan to go back so the other option is getting a PIO, loose most opportunities that an Indian citizen enjoys, and inform the local authorities. The status will be similar to an NRI--do we have to keep notifying every 180 days or only once? How good is being an NRI w.r.t educational opportunities before XIIth (NTSE exams, national merit awards, etc.). What about multiple entry?
The third option: renounce US passport (that we use for the time being)and get Indian citizenship (passport). But then, if before 18 years, she decides to visit US (similar to your case), not having US passport is a problem again -- not so good.
Again, given the fact that we plan to go back and stay in India for larger portion of her 18 years, it may be worth giving up the US passport. My questions:
- Once renounced, if she later decides, can she get the US passport again?
- Even though the US passport is renounced, the citizenship (US) stays. when applying for Indian passport, that's legal. right?
Sorry for the long message. Given the depth of discussion going on here, we hope our questions will be speedily responded to here. Thanks, again.
Last edited by a moderator:
Most of the discussion has centered on the fact that a child born in the US to Indian Citizen parents is eligible for Indian Citizenship and can obtain an Indian passport. However, this does make it difficult for the child to travel in and out of the US because he/she cannot get a US Visa on their Indian passport.
You seem to equate citizenship with passport - it is not true. All passport holders are citizens, all citizens are not passport holders. A passport is a sufficient proof of citizenship but it is not a necessary proof of it. If your child is born in the US, he/she is a US Citizen and you cannot anything to change that whether or not you get him/her a US passport. Acquiring a US passport is an affirmative action that makes the child ineligible for Indian Citizenship until he/she is old enough to renounce US Citizenship (see below). To the best of my knowledge, there is no such thing as renouncing your passport. I guess you could "return" a passport to the state department. That, in itself has no impact on citizenship.
Section 349 of the Immigration and Nationality Act (INA) – located in 8 U.S.C. 1481 – governs the loss of US citizenship through voluntary personal action. Short of committing treason, taking a foreign government post requiring an oath, or pursuing other activities which would cause the Department of State to revoke your citizenship, the way to renounce US citizenship is to make a formal declaration.
Formal declaration to renounce US citizenship cannot be done within the United States or its territories. You must appear in person at a US consulate in another country and sign an oath of renunciation and hand over your US passport. You need to hold dual citizenship, even if only briefly, because the US is loathe to see people go without an official nationality.
There is not a huge difference between OCI and PIO except for the registration provision. If you choose to let your child remain a US Citizen, that is the small inconvenience you have to live with. I spoose he/she could become OCI at age 18.
The only course of action that is "reversible" is getting an Indian passport for the child. If and when the child needs to travel to the US, why not apply for a US passport at that time?
rk
Last edited by a moderator:
Triple Citizen
Registered Users (C)
Not to nitpick, but US passports are also issued to "US nationals". There is a difference between a US citizen and a US national.
KUMARPAPANNA
New Member
Hi I am working for a indian company, and my wife is carrying now.. i am planning to get my child's birth in US.. can anybody tell me what are the advantages also disadvantages .. Request you to reply frankly what ever it is.. Also since i work for a company my pay is very less here, if i get my wife here i am worried of her hospital expenses, I have CIGNA insurance provided by company.. can anybody has idea of how much it may cost.. thanks..
birth in the US
If you have insurance, it should be just copays for office visits, prescriptions, tests, etc. The cost should not be substantial and the quality of care (in general) is excellent. I am assuming you'll probably end up paying fr teh whole cost of care in India so I would guess you get better care for similar out-of-pocket expenses if you stay in the US.
Being born in the US makes your child an US citizen, this may turn out to be very beneficial if he/she pursues a college or other advanced education in the US.
If you have insurance, it should be just copays for office visits, prescriptions, tests, etc. The cost should not be substantial and the quality of care (in general) is excellent. I am assuming you'll probably end up paying fr teh whole cost of care in India so I would guess you get better care for similar out-of-pocket expenses if you stay in the US.
Being born in the US makes your child an US citizen, this may turn out to be very beneficial if he/she pursues a college or other advanced education in the US.
planetpluto
New Member
Again asking the same query
Hi,
Am againg asking the same query asked by roegrkint as i did not find an answer to the same: Specially interested in the bold part
=============
Both of us, my wife and I, are Indian citizens, and are going to have a baby within few weeks in the US. After discussing, we thought that getting an OCI until the child is 18 years is perhaps the best thing to do as of now. However, when I visit this site (http://www.indianembassy.org/newsite/oci.asp#Procedure for application%2
0as%20OCI) (eligibility for minors), it appears that our child is not even eligible for an OCI. Are we missing something?
We plan to go back so the other option is getting a PIO, loose most opportunities that an Indian citizen enjoys, and inform the local authorities. The status will be similar to an NRI--do we have to keep notifying every 180 days or only once? How good is being an NRI w.r.t educational opportunities before XIIth (NTSE exams, national merit awards, etc.). What about multiple entry?
Hi,
Am againg asking the same query asked by roegrkint as i did not find an answer to the same: Specially interested in the bold part
=============
Both of us, my wife and I, are Indian citizens, and are going to have a baby within few weeks in the US. After discussing, we thought that getting an OCI until the child is 18 years is perhaps the best thing to do as of now. However, when I visit this site (http://www.indianembassy.org/newsite/oci.asp#Procedure for application%2
0as%20OCI) (eligibility for minors), it appears that our child is not even eligible for an OCI. Are we missing something?
We plan to go back so the other option is getting a PIO, loose most opportunities that an Indian citizen enjoys, and inform the local authorities. The status will be similar to an NRI--do we have to keep notifying every 180 days or only once? How good is being an NRI w.r.t educational opportunities before XIIth (NTSE exams, national merit awards, etc.). What about multiple entry?
sk_vignesh
New Member
Help to get OCI
I am an Indian came here to US on H1b. We have two babies born here in US. We are going back to India and settle there permanently. I want to get OCI for my two kids since I don’t want to go to police station every six months and sign. OCI application clearly states kids born outside India whose both parents hold Indian passport are not valid to apply OCI. Why is this partiality? I am damn irritated and tired with all these Indian stupid insane procedures. All these stupid procedures and reservation quota systems only Indian politicians can create. Please let me know is there any way out? I want to avoid going to police station and sign every six months like criminal if I get PIO for my children.
Thanks in Advance,
Ram
I am an Indian came here to US on H1b. We have two babies born here in US. We are going back to India and settle there permanently. I want to get OCI for my two kids since I don’t want to go to police station every six months and sign. OCI application clearly states kids born outside India whose both parents hold Indian passport are not valid to apply OCI. Why is this partiality? I am damn irritated and tired with all these Indian stupid insane procedures. All these stupid procedures and reservation quota systems only Indian politicians can create. Please let me know is there any way out? I want to avoid going to police station and sign every six months like criminal if I get PIO for my children.
Thanks in Advance,
Ram
The registration requirement for PIOs is NOT every six months. It is only one time registration and you need not repeat it as long as both the US Passport and the PIO card are valid. If any one of them expire, you need to re-register.
AFAIK, the registration procedure is simple. It is either in the FRRO office (In some places, the Police commissioner (or SP?) is given the extra responsibility of FRRO).
In fact, kids below age of 16 are not required to register (according to various GOI websites). But, there are instances of people registering kids below 16 years of age. It is sad, but true that these type of irregularities exist in our country.
Hope this helps...this is only talking about the procedure and not necessarily recommending any option!
AFAIK, the registration procedure is simple. It is either in the FRRO office (In some places, the Police commissioner (or SP?) is given the extra responsibility of FRRO).
In fact, kids below age of 16 are not required to register (according to various GOI websites). But, there are instances of people registering kids below 16 years of age. It is sad, but true that these type of irregularities exist in our country.
Hope this helps...this is only talking about the procedure and not necessarily recommending any option!
Ram... Do not worry
You can always give up the us passport for your kids and apply for Indian Passports and then you do not have to go thru the reg process. Also when the kids are 18 years old they have a choice of choosing the chitizenship they want. Hope this helps. If you want to keep your feet in both the boats then you have to go thru the reg process.
You can always give up the us passport for your kids and apply for Indian Passports and then you do not have to go thru the reg process. Also when the kids are 18 years old they have a choice of choosing the chitizenship they want. Hope this helps. If you want to keep your feet in both the boats then you have to go thru the reg process.
US born Baby status
If a child is born in US and both parents are Indian citizen,
and get Indian passport for child. Do we also need to get PIO card for child? and the child will be considered NRI in India? or What status will be child while staying in US & while staying in India?
Thanks
If a child is born in US and both parents are Indian citizen,
and get Indian passport for child. Do we also need to get PIO card for child? and the child will be considered NRI in India? or What status will be child while staying in US & while staying in India?
Thanks