OCI in India

[jessica98762002]

I recently became a US citizan and also got my OCI cards (myself and my wife).
We have received a 3 year assignment to work in India and I am planning to relocate to India.
My wife is 5 months into pregnancy. What happens if my wife delivers a baby in India?
Can I apply OCI card for my new born in India after receiving the US passport there?

Is there a rule that we can only apply for OCI when we are away from the country?

 

[madh4]

Since both of you are USA citizen, the child will also be us citizen. You have to get birth certificate on FS-240 from nearest US consulate. After getting US passport for the child you can apply for OCI in India. Keep your old Indian passports and surrender certificates with you, as babus in India will be more difficult and you will wish you were in USA.

 

[rpranesh]

I was wondering, suppose if both the parents are OCI (US nationals) and have a baby in India and do not wish to get a US or Indian passport for a while (say some years), does the India constitution treat the baby as an IC or US national?

 

[vm1214]

I was wondering, suppose if both the parents are OCI (US nationals) and have a baby in India and do not wish to get a US or Indian passport for a while (say some years), does the India constitution treat the baby as an IC or US national?

They will treat the baby as your child, what ever rights and benefits they give you the same will be given to the child. The child has 18 years in his/her life to decide which citizenshipstatus to opt for, default is your's citizenship.

 

[ginnu]

Since both of you are USA citizen, the child will also be us citizen. You have to get birth certificate on FS-240 from nearest US consulate. After getting US passport for the child you can apply for OCI in India.
----- register the birth with US consulate, get US passport for Child then apply Entry Visa for child (you can apply through FRRO or directly with Delhi) once get Entry visa on child passport then apply OCI with Delhi directly or through nearest FRRO.
Keep your old Indian passports and surrender certificates with you, as
babus in India will be more difficult and you will wish you were in USA.
----------Babus in NYC Indian consulate and in India are same. in NYC they are not different then Babu who is in India.

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[rpranesh]

ginnu,
I understand that one can register the birth in India and get US passport, my question is what is the legal status of the child in India, if we do not do anything.

 

[madh4]

ginnu,
I understand that one can register the birth in India and get US passport, my question is what is the legal status of the child in India, if we do not do anything.

GOI will not issue a Indian PP to your child. The child is USA citizen

 

[ginnu]

ginnu,
I understand that one can register the birth in India and get US passport, my question is what is the legal status of the child in India, if we do not do anything.

By law child is US citizen and for stay in India child need Visa or PIO or OCI. if the child does not have Visa, PIO, OCI then child does not have status in India and may face problems in future.you must register child birth with US consulate get US Passport then apply for Entry Visa (Delhi or through FRRO) then apply OCI or PIO. They will not give OCI or PIO if the child don't apply for Entry Visa.
If you don't do anything and don't disclose that your or your wife are US citizen then Child birth can be registered in India with municipality as Indian Citizen (that will be illegal) and child can get Indian passport.I know a similar case that child was born in India(to USC) and parents got the child Indian Birth certificate and Indian Passport and child studied in India as Indian citizen. later child reached age 18 and then applied for US passport and got US passport and wanted to come to US for study. The person faced problems as the child was not responsible for applying Indian passport and her Parents had applied for her. some fine was paid to Ministry of home affairs.

** FYI many Bangladeshi enter India, pay 2000Rupees and get Ration Card then apply for Indian passport. In Mumbai more than 5 lakh Bengladeshi are staying illegally or with ration cards or with DL or with passports. many time they are caught and are deported back to Bangladesh and they again enter India.