Is this a legal method to get OCI for US born child (Both parents Indian citizens)
- Thread starter rpranesh
- Start date
According to my reading, the keyword here is minor - as long as both parents have Indian citizenship, a minor child cannot apply for OCI. After attaining adulthood, based on parents' Indian origins, he/she should be eligible for OCI. (Standard disclaimer: I am not a lawyer, etc.
)If you have got childbirth recorded with Indian embassy/consulate and got birth certificate from Indian embassy/consulate then child can get Indian passport. I dont know why you need Indian passport for the Child who is by Birth US citizen. you can get PIO Card for Child and it is valid for 15 years and it can be Renewed again for 15 years in US or in India. The child will have US passport and with PIO card can visit India and can remain in India. Children under 16 years of age on Visa or PIO dont need to registar with any department in India
According to my reading, the keyword here is minor - as long as both parents have Indian citizenship, a minor child cannot apply for OCI. After attaining adulthood, based on parents' Indian origins, he/she should be eligible for OCI. (Standard disclaimer: I am not a lawyer, etc.
Once any parent becomes US citizen the Child can get OCI.
Yes, that goes without saying. I was talking about the situation where both parents continue to retain Indian citizenship.
ginnu,
my questions is not why should the child get Indian citizenship if US born. Since US born child cannot get OCI (if both parents are Indian citizens), I was wondering if we get Indian passport for the child first, then apply for US passports (Indian citizen relinquished), then use the Indian passport of the child to get OCI (instead of PIO).
This is sort of hypothetical question as I applied and got PIO for my new born baby. I was wondering whether I should have done this.
my questions is not why should the child get Indian citizenship if US born. Since US born child cannot get OCI (if both parents are Indian citizens), I was wondering if we get Indian passport for the child first, then apply for US passports (Indian citizen relinquished), then use the Indian passport of the child to get OCI (instead of PIO).
This is sort of hypothetical question as I applied and got PIO for my new born baby. I was wondering whether I should have done this.
-----child under 16 with Visa or PIO dont need registration. PIO is valid for 15 years and if getting expired one can renew in US or in India
http://www.immigrationindia.nic.in
Read the Registration Req.
Children below 16 years of age do not require Registration, on any type of VISA
http://www.immigrationindia.nic.in
Read the Registration Req.
Children below 16 years of age do not require Registration, on any type of VISA
---------------------- if the child has US passport and got POI that is OK. US passport will expire in 5 years and when the child gets new US passport his Passport number will change (Now his/her PIO Card has Present US passport number on it) once you get new US passport after 5 years then get that passport number Endorsed on Child PIO card from India consulate (they created this to get extra fees)
OR
keep the expired and new passport with you when travel to India
Ginnu, see below and also the link. This is ambiguous.
"(ii) Foreigners visiting India on any other category of long-term visa which is valid for more than 180 days, are required to register only if they intend to stay in India for more than 180 days continuously during a particular visit. This registration can be done anytime within 180 days of arrival in India. "
http://residential.appolice.gov.in/faq.aspx#_6.5_Queries on Children
"(ii) Foreigners visiting India on any other category of long-term visa which is valid for more than 180 days, are required to register only if they intend to stay in India for more than 180 days continuously during a particular visit. This registration can be done anytime within 180 days of arrival in India. "
http://residential.appolice.gov.in/faq.aspx#_6.5_Queries on Children
you can contact
Bureau of Immigration, Government of India.
Contact No: 011-26711384
Read the Andhra pradesh Police Link:
http://residential.appolice.gov.in/registrationofforeigners.aspx
1.0 REGISTRATION OF FOREIGNERS :
Government of India has entrusted all the State (Provincial) Governments with the functions of regulating entry, presence and departure of foreigners.
Foreigners should submit their online filling application along with the required documents to the FRO, Cyberabad. For the foreigners holding visas valid upto 180 days registration and leave India permission are not required. Foreigners having visas for more than 180 days should get themselves registered within 14 days of arrival in the limits of Cyberabad Police Commissionerate. However, Pakistani nationals should report their arrival within 24 hrs. and all Afghan nationals are required to register themselves within 7 days of arrival in Cyberabad irrespective of their visa validity. Delay in registration will make them liable for a penalty of US 30 $ each at State Bank of Hyderabad, Gruhakalpa Branch, Nampally, Hyderabad.
Extension of visa beyond 180 days will require registration. Children below 16 years of age are exempted from registration. However, they are required to obtain residential permit and extension of stay. Foreigners having special endorsements in their visas do not require registration and departure clearance for visits upto six months/ 180 days, but registration and leave India permission are required if their stay exceeds six months/ 180 days.
Foreigners have to pay a penalty equivalent amount in Indian rupees of US $ 30 (commission is excluded) for overstaying and not registering with the FRO within the stipulated period.
Residential Permit is issued at the time of registration, its validity being the period of stay specified in the visa. Residential permit is not compulsory for minors. However, when the minor requires extension of visa, he/ she has to obtain a residential permit. Applications for extension of the Residential Permit should be made to the Commissioner of Police Cyberabad / FRRO at least TWO months before its expiry.
As per the OCI requirements, one has to meet one of the conditions to be eligible.
1. Being eligible to become a citizen of India at the time of commencement of Indian Constitution i.e. 26.01.1950. OR
2. Belonging to a territory that became a part of India after 15.01.1947.
OR
3. Being a citizen of India on or after 26.01.1950.
As per my original question, if US born child (both Indian parents) get Indian passport first and then applies and gets US passport; would meet the requirement (3), wouldn't that US born child be eligible for OCI?
1. Being eligible to become a citizen of India at the time of commencement of Indian Constitution i.e. 26.01.1950. OR
2. Belonging to a territory that became a part of India after 15.01.1947.
OR
3. Being a citizen of India on or after 26.01.1950.
As per my original question, if US born child (both Indian parents) get Indian passport first and then applies and gets US passport; would meet the requirement (3), wouldn't that US born child be eligible for OCI?
Read the below link he did research on Citizenship or you can contact US and Indian Govt
http://www.richw.org/dualcit/faq.html
Ginnu,
The link does not specify about OCI (Since OCI is not a dual citizenship).
Only in the OCI FAQ does it say that Minor US born for both Indian parents are not eligible. Is there a specific law which prohibits this situation?
Technically if a child is born in the US to both Indian parents, the first few weeks until you apply and get for US passport, he/she is an Indian citizen as per Indian law. Only the act of applying for a US passport makes he/she lose Indian citizenship. The US born child should qualify for OCI (without having to take a round about way of applying for Indian passport to prove Indian citizenship). You do not need a passport to prove your citizenship. Passport in one of the way's to show a country's citizenship.
The problem with Indian consulate or in general bureaucrats is that they follow regulation more than the law. OCI was supposed to be Dual citizenship when it became a law, but it became a glorified green card when the bureaucrats implemented it.
The link does not specify about OCI (Since OCI is not a dual citizenship).
Only in the OCI FAQ does it say that Minor US born for both Indian parents are not eligible. Is there a specific law which prohibits this situation?
Technically if a child is born in the US to both Indian parents, the first few weeks until you apply and get for US passport, he/she is an Indian citizen as per Indian law. Only the act of applying for a US passport makes he/she lose Indian citizenship. The US born child should qualify for OCI (without having to take a round about way of applying for Indian passport to prove Indian citizenship). You do not need a passport to prove your citizenship. Passport in one of the way's to show a country's citizenship.
The problem with Indian consulate or in general bureaucrats is that they follow regulation more than the law. OCI was supposed to be Dual citizenship when it became a law, but it became a glorified green card when the bureaucrats implemented it.
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rpranesh,
I am not sure what the point of this argument and discussion is. A foreign-born minor child of Indian parents is eligible for PIO. When the child becomes adult (or if one or both parents take US citizenship) he/she will be eligible for OCI. Cost of minor's PIO + conversion fee to OCI is still less than fee for direct OCI. I think you are unnecessarily engaging people in a hypothetical and pointless discussion. There are many things for which Indian bureaucracy and officialdom can be blamed, but not this (IMHO).
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akgarg,
I agree that from a cost perspective PIO for a minor is cheaper than OCI (on a short term - 15 years). Also we are not sure whether the conversion fee would remain the same at the end of 15 years.
I am trying to understand on what basis (or law) does it prohibit US born children (of both Indian parents) from getting OCI.
hypothetical - yes, pointless - no.
I agree that from a cost perspective PIO for a minor is cheaper than OCI (on a short term - 15 years). Also we are not sure whether the conversion fee would remain the same at the end of 15 years.
I am trying to understand on what basis (or law) does it prohibit US born children (of both Indian parents) from getting OCI.
hypothetical - yes, pointless - no.
Since minor children of Indian parents are eligible for full Indian citizenship (+ passports), that's why. And in that case, why opt for something lesser like OCI? Since the child is US born, US citizenship can always be claimed any time during one's life, I don't know what your point is in this thread? I think you are just trying to have it both ways.
Foreigner spouses are eligible for PIO, but not OCI. Using your logic, one can argue, why not? I think PIO/OCI are privileges/facilities granted by GOI, and they are free to set any reasonable terms and conditions. And with respect to the point you are arguing, I don't see anything unreasonable in the terms set for OCI.
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