Our first baby - Dilemma for his citizenship

bristytristy

New Member
We are about to have our first baby in Jul14, Naturally; we are very excited and happy. However, a persistent thought and dilemma surrounding the newborn’s citizenship has become a spoiler in our happiness. I know that I can’t have best of both the worlds, unless I am Miley Syrus, but I want to take some responsible decisions and not regret in time to come.

Our Background:

My wife and I are Indian citizens by birth and are in USA since last 4 years. I am on L1-B and my wife is on L2 and working.
I will max out in Dec 14. After Dec14, most likely we need to wrap up and head back to India. As we have strong commitments back home, we intend to settle down in India. Being in IT, we may need to travel frequently, but I don’t expect to stay here for longer period.

Now:

I have the option of applying for US Passport + OCI/PCI, but if I do so and on going back to India I have to educate my child as NRI and she cannot hold Govt Office or work as public servant because she will be US Citizen, I know she can change it once she is 18 years but I will still have to educate him as NRI till then.

Case I (Most likely): US passport + OCI/PIO

As I mentioned, we will most likely return to India and he will spend most of his initial 18 years in India.
1. God forbid, if something happens to both of us, what will happen to our child?
2. Can we make any investments/insurance for our son?
3. I understand that there will be cost implications for his higher studies in India, but what about initial 18 years. Will the expense be any different than that for children born in India?
4. Will the decision of renouncing/keeping US citizenship has to be taken by my son alone? Will he be interviewed alone or can we accompany him during the renunciation process.


Case II: Indian Passport + US Birth Certificate.

1. If we apply Indian Passport for child and if we ( with our son) need to travel to USA (for our Job) before he is 18, will there be any issues (as my son will be citizen by birth but hold Indian Passport).
2. Once he turns 18 (or before/after) - Can he renounce Indian Citizenship and apply for US Citizenship? If yes, will he have all rights in USA as US citizens (voting, public servant, govt official, etc)?
3. If NO to # 3, i,e; If he retains Indian Citizenship will he have all rights as Indian (voting, public servant, govt official, etc)?
4. If #3, I,e; He retains Indian Citizenship, Will he be able to travel to USA for higher studies and jobs.
 
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Case II: Indian Passport + US Birth Certificate.

1. If we apply Indian Passport for child and if we ( with our son) need to travel to USA (for our Job) before he is 18, will there be any issues (as my son will be citizen by birth but hold Indian Passport).
2. Once he turns 18 (or before/after) - Can he renounce Indian Citizenship and apply for US Citizenship? If yes, will he have all rights in USA as US citizens (voting, public servant, govt official, etc)?
3. If NO to # 3, i,e; If he retains Indian Citizenship will he have all rights as Indian (voting, public servant, govt official, etc)?
4. If #3, I,e; He retains Indian Citizenship, Will he be able to travel to USA for higher studies and jobs.

I want to address Case II. Anyone born in the U.S. (other than children of diplomats having full diplomatic immunity) are automatically, and involuntarily, U.S. citizens at birth according to the U.S. constitution. He can never lose his U.S. citizenship involuntarily -- i.e. if he doesn't want to lose U.S. citizenship, he cannot lose it. He would have to renounce it to lose it, and parents cannot renounce it for their children; they have to do it themselves.

India allows you to register him as a Indian citizen as long as the parents declare that he does not hold the passport of another country (http://mha.nic.in/sites/upload_files/mha/files/pdf/ic_act55.pdf third page (page 5), near the bottom). However, U.S. law requires U.S. citizens to enter and leave the U.S. on a U.S. passport, so as a U.S. citizen, he will have trouble coming to the U.S. in the future unless he gets a U.S. passport (http://www.law.cornell.edu/uscode/text/8/1185#b). (Leaving the U.S. is okay, because there are no exit checks, even though it's still technically illegal, but coming here will be a problem.) But if he gets a U.S. passport, India will regard that as having lost Indian citizenship (http://mha.nic.in/sites/upload_files/mha/files/pdf/Citi_Rule-2009.pdf page 72, bottom). Furthermore, since he holds the citizenship of another country, he will lose his Indian citizenship at 6 months after attaining full age if he does not renounce his other citizenships (http://mha.nic.in/sites/upload_files/mha/files/pdf/ic_act55.pdf third page (page 5), bottom).

He will not have to "apply for US Citizenship", because he will already have U.S. citizenship, unless he renounced it.
 
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