Passport/Citizenship of US born children

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bta11

Registered Users (C)
Hello All,

I have some basic questions regarding the citizenship/passport related status of children born in the US to PR parents.

Specifically, my wife and I are from India and we got our GC through my employer about 3 years ago. We carry Indian passports. What is then the current status of our child born last year? i.e.

1. Is the child automatically a US citizen? If so, what needs to be done on this front (passport etc)?

2. If the child does not get a passport now, what is typcially the process of travelling with the child abroad? i.e. do we need to include the child in our passports (both or any one of us), get a US passport for the child

3. Is the child a US or Indian citizen now? And if an Indian citizen, can the child become a US citizen later and if so how?

I guess all these are very basic questions to most of you, but I would appreciate a detailed response to my specific questions. Hopefully, the reponses will also benefit other newbies like me into this immigration maze.

Thank you.
 
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I'll try to answer your questions. Some of them I don't have direct experience so I hope someone else can help.

Originally posted by bta11
Hello All,

I have some basic questions regarding the citizenship/passport related status of children born in the US to PR parents.

Specifically, my wife and I are from India and we got our GC through my employer about 3 years ago. We carry Indian passports. What is then the current status of our child born last year? i.e.

1. Is the child automatically a US citizen? If so, what needs to be done on this front (passport etc)?
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Yes, he is automatically a citizen. I believe the birth certificate is probably the only thing you need to get the passport for your child, besides pictures. I don't think you need to do anything else regarding your child's citizenship.



2. If the child does not get a passport now, what is typcially the process of travelling with the child abroad? i.e. do we need to include the child in our passports (both or any one of us), get a US passport for the child
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I think it is better you get your child's passport now. Your child is a US citizen and it is expected to come back to the US on a US passport. You may think about including your child in your Indian passport if that makes it easy for your child to enter that country.


3. Is the child a US or Indian citizen now? And if an Indian citizen, can the child become a US citizen later and if so how?
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The child is a US citizen now and forever unless your child decides to renounce the US citizenship later in life or the law changes in the future. I don't know the laws of India, but I have some friends who tell me it is either been already approved the double citizenshipe between US and India, talk to your consulate for more information.


I guess all these are very basic questions to most of you, but I would appreciate a detailed response to my specific questions. Hopefully, the reponses will also benefit other newbies like me into this immigration maze.

Thank you.
Click to expand...

I am not a lawyer, and this is not legal advice, this is just my opinion based on my reading of immigration law and seeing many postings in this board.

PS: I find it hard to believe that one year after the child is born you still don't know your child is US citizen ;)

Good luck.
 
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Originally posted by bta11


1. Is the child automatically a US citizen? If so, what needs to be done on this front (passport etc)?

You need the birth cert. and then go to the local license center they will direct you how to get one.

2. If the child does not get a passport now, what is typcially the process of travelling with the child abroad? i.e. do we need to include the child in our passports (both or any one of us), get a US passport for the child

Nobody can travel outside the country without passport. You need a passport and then visa. For the child you also need to get the indian visa from the local consulate.


Thank you.
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Parents's ID are needed for child's application for passport.
It is not that child's US citizenship depends upon parend's
ID but rathan than precaution against child abduction.
Sometimes both parent need to sign the application
form in person in
 
thanks all of you for the information.

however, Americanwannabe, can you please clarify what you were trying to say?
 
If you go to a passport office (usually a post office),
you better go there with your spouse. Sometimes
they don't accept the child's application unless
both parent sign it.
 
US passport

If your spouse cannot come to post-office, one declaration form for reasons absence (with your spous's signature)should be submitted alongwith pass-port application.
 
After getting the US passport for your child you have to obtain a PIO card or visitor visa to take your chile to India. I prefer PIO card over the visitor visa. The rules to apply Dual citizenship has not yet out. So wait for sometime if you dont need to travel to India with your child.
 
Travel with US born child outside country

I everyone. I am once again restarting this old thread and have a few new questions:

1. Does anyone know what is approximately the time required to get a US passport for a child born here? My daughter was born about 6 months ago and I want to know what is the total time required to get the passport and where is the place to get it? Also, are you supposed to take a standard "passport photo" of new born child for the passport or any photo will do!?

2. Any idea what is the current status of Dual Citenship between India and US?

3. Is is better to get a PIO card vs. a Visitor visa for India? Any thoughts?

Thanks again
 
Yes a photograph is required even for a baby it has to be ADIT style. Both of my sons were photographed when they were 6 months old for a US passport. You can apply at most post offices ( some require an appointment but others are walk in) Both parents' signatures are required. the processing takes around 2 weeks. You need to submit the original birth certificate which will be returned with the passport, by mail.
 
here are the details.

Just got the US passport for my son who is 2 months old, it took around 3 weeks. You should submit 2 identical photos, the size for photos should be 2" X 2" . Also make sure that the image size of chin to the top of head ( including hair ) should not be less than 1" or more than 1 - 3/8 inches. I used a digital camera to take my son's photos and used a photo printer to print the photos. If you don't have a photo printer go to any walmart and print the photos over there ( you will probably get 16 photos in a sheet ) for around 5 dollars. Also forgot to mention, when you go to the post office make sure that you take your son/daughter with you, they have a new rule where you have to bring the minor to the place of application, I went with my spouse first but then they asked us to come back with our son.
 
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Getting US passport later?

thanks everyone for the replies.

One other question particularly for folks from India. If we now instead get an Indian passport for our child, is it possible to get the US passport later if required and what are your thoughts about existing rules being modified in future regarding getting the US passport?

On the other hand, if the US passport is taken now, what is the process of getting Indian passport later? Any issues to watch out for?

Appreciate your feedback to these basic questions. Thanks
 
US law permits dual-citizenship, but Indian law does not. So here are some case studies:

1. If you get a US passport, you cannot get an Indian passport without renouncing your American citizenship.
2. If you get an Indian passport, you are still eligible for an America n passport. But the GOI does not allow dual citizenship, so you will have to forfeit the former.
3. You can wait until the Indian government passes the dual-citizenship bill. I don’t know how long it will take for this bill to pass.

My suggestion: if you are going to live in the US, an American passport is preferable. A PIO ID card should suffice for most reasons. It’s likely the Indian parliament will pass the dual-citizenship bill within a few years (although I wouldn’t bet my life on it).

Rgds,
sadiq
 
sadiq is right. The PIO card gives you most of the rights of Indian Citizenship excepting voting and running for elected political office.

Both my sons have PIO cards(US passports and citizenship) and we have had no problems with entering and departing India, business transactions, property wornership etc.,,
 
Thanks for the replies folks.

Related to the PIO card from India, some have suggested to get it instead of the Visa.

Does anyone know what the essential difference is between getting the visitor visa or the PIO card for my daughter after she gets her US passport?

What the pros and con between the two?
 
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