L1-B expiring in december and having baby in october

A

abcind

New Member
All,

My L1-B petition and i-94 is expiring in the last week of December. That will complete my maximum stay on L1-B. I cant extend it any more. We are having a baby in the 3rd week of October. That will give us 8 to 9 weeks to make arrangements for the baby travel to India.

Is 8 weeks enough for
1. getting birth certificate
2. applying and receiving passport and
3. applying and receiving PIO card?

Is there any rule saying if the process cant be completed in that period then the parents stay can be extended?

Any information on this is really appreciated.

Thanks
 
Hi

Yes you should be able to get a Birthcertificate, US passport & PIO card in 8-9 weeks....we had a similar situation where I had to travel with a 2.5 month old baby to India - got the birth certificate in 3 weeks after birth, applied passport within 10 days - got it back in 2 weeks. PIO card took one day at the Indian embassy in NYC. So starting from the birth all my baby's paperwork was ready in 8 weeks.
 
Hello abcind,

Since you are on L1-B & you are going back to India for good, or rather for an indefinite period of time, I have a sincere suggestion for you, hoping that either of you or your wife are Indian citizens.

As a child born to Indian citizen, your child is eligible to get Indian citizenship, that includes Indian passport. In this special case, India does allow dual citizenship. As a child born in US, the child is a US citizen as well. As the US citizenship was acquired INVOLUNTARILY, by birth, the child is also eligible for Indian citizenship without giving up his / her US citizenship. The process is very simple.

1. Get the US birth certificate & SSN.
2. Apply for Registration of birth of an Indian citizen overseas. You will use the Misc. service form available in the consulate website.
3. Apply for Indian passport for the baby along with the Registration application.
4. Send the appropriate fee, copies of both parents' passports.
5. Application form duly filled with photographs & parents' signature & child's thumb impression.

The entire process should not take more than 4 to 6 weeks time. You do not have to wait for the SSN to apply for Indian passport. As soon as you get the Birth Certificate, start the Indian passport & birth registration process & I got my daughter's passport in 2 weeks time.

If you ever decide to come back to the US, then you will have to give up the Indian passport & get the child a US passport from the US consulate in India. Until then, the child will be a dual citizen of both India & US. The child will be treated as a full Indian citizen without the NRI fees or quotas or any such restrictions. Once the child turns 18, he/she will have to decide as to which country's citizenship to retain. At the point, the child has to give up either the Indian or the US citizenship and retain the other.

This would be the best of both worlds for your kid. I hope this helps.

--Sridiculous
 
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