Please Explain me

K

kalimmigration

Registered Users (C)
We had a baby four months back. So he is a US citizen. We are indian citizens and waiting for green card. I like to know what my baby is eligible for. Is he eligible for OCI, PIO or dual citizen ship. I think we do not have dual citizenship yet.
 
There is no real dual citizenship yet. But people are calling OCI as dual citizenship because of some similarity.

Your child can get OCI when he/she is 18 or above. However, for now the maximum is PIO or a tourist visa.
 
unable to comprehend...

Minor children of Indian parents can loose their citizen ship but not eligible for OCI? I don't understand the logic..
 
See to get an OCI one cannot be an Indian Citizen. So the issue of losing Indian citizenship should be clear.

India does not have dual citizenship. The OCI program only states that some priviledges similar to that citizens will be given to NRI's.

Of these are the ability to work, own business, own land which is inheritted etc.

Since none of these are relevant to a baby until the age of 18, you have two choices that is PIO and tourist visa for a child with US passport.

Why people call OCI as dual citizenship, I am sure it is because it is the closest to dual citizenship in other countries. But remember Indian constitution does not allow dual citizenship.
 
makes no sense at all

the reqmt of only PIO card and no OCI for an Indian kid born overseas is the most ugly and perverse rule-making exercise ever undertaken. note that i maintain this is a rule-making exercise, not a law, as the law assures citizenship by descent. in other words, this rule is constitutionally illegal and will in due course be challenged in court and reversed.

ok, so my cousin (born in US and married to a non-Indian, both holding US passports and not even PIO cards) can have OCI kids. but i, an indian by birth working for an indian company, married to an indian by birth, having paid taxes in india can only have PIO kids????!!!!! damn that crap. its a load of bullshit.
 
rohufish said:
the reqmt of only PIO card and no OCI for an Indian kid born overseas is the most ugly and perverse rule-making exercise ever undertaken. note that i maintain this is a rule-making exercise, not a law, as the law assures citizenship by descent. in other words, this rule is constitutionally illegal and will in due course be challenged in court and reversed.

ok, so my cousin (born in US and married to a non-Indian, both holding US passports and not even PIO cards) can have OCI kids. but i, an indian by birth working for an indian company, married to an indian by birth, having paid taxes in india can only have PIO kids????!!!!! damn that crap. its a load of bullshit.
Click to expand...

Your cousin's kid may or may not be eligible for OCI (your cousin's dad would be the deciding factor).And they too will be allowed to get an OCI only after they turn 18.
If you really think about it this does make sense because
1.Children born to Indian parents remain eligible in some form for Indian citizenship until they turn the age of 18 (Of course taking a non indian passport does complicate things greatly)
2. OCI does not offer any extra benefit as far as children go .PIO also offers no/one time FRRO registration.Land benefit ,Parity with NRI's etc do not hold much water as far as minors go.
3.The cost.You get your kid a PIO card at the age of 4 (use tourist visa till then) and convert it to an OCI when he/she turns 18.You have saved $100 right there.
 
rohufish said:
the reqmt of only PIO card and no OCI for an Indian kid born overseas is the most ugly and perverse rule-making exercise ever undertaken. note that i maintain this is a rule-making exercise, not a law, as the law assures citizenship by descent. in other words, this rule is constitutionally illegal and will in due course be challenged in court and reversed.

ok, so my cousin (born in US and married to a non-Indian, both holding US passports and not even PIO cards) can have OCI kids. but i, an indian by birth working for an indian company, married to an indian by birth, having paid taxes in india can only have PIO kids????!!!!! damn that crap. its a load of bullshit.
Click to expand...

Your cousin's kid may or may not be eligible for OCI (your cousin's dad would be the deciding factor).And they too will be allowed to get an OCI only after they turn 18.
If you really think about it this does make sense because
1.Children born to Indian parents remain eligible in some form for Indian citizenship until they turn the age of 18 (Of course taking a non indian passport does complicate things greatly)
2. OCI does not offer any extra benefit as far as children go .PIO also offers no/one time FRRO registration.Land benefit ,Parity with NRI's etc do not hold much water as far as minors go.
3.The cost.You get your kid a PIO card at the age of 4 (use tourist visa till then) and convert it to an OCI when he/she turns 18.You have saved $100 right there.
 
rohufish said:
the reqmt of only PIO card and no OCI for an Indian kid born overseas is the most ugly and perverse rule-making exercise ever undertaken. note that i maintain this is a rule-making exercise, not a law, as the law assures citizenship by descent. in other words, this rule is constitutionally illegal and will in due course be challenged in court and reversed.

ok, so my cousin (born in US and married to a non-Indian, both holding US passports and not even PIO cards) can have OCI kids. but i, an indian by birth working for an indian company, married to an indian by birth, having paid taxes in india can only have PIO kids????!!!!! damn that crap. its a load of bullshit.
Click to expand...

Your cousin's kid may or may not be eligible for OCI (your cousin's dad would be the deciding factor).And they too will be allowed to get an OCI only after they turn 18.
If you really think about it this does make sense because
1.Children born to Indian parents remain eligible in some form for Indian citizenship until they turn the age of 18 (Of course taking a non indian passport does complicate things greatly)
2. OCI does not offer any extra benefit as far as children go .PIO also offers no/one time FRRO registration.Land benefit ,Parity with NRI's etc do not hold much water as far as minors go.
3.The cost.You get your kid a PIO card at the age of 4 (use tourist visa till then) and convert it to an OCI when he/she turns 18.You have saved $100 right there.
 
India started OCI to attract foreign investment. In fact, I remember Vajpayee stating that as one of the reasons for OCI. Kids below 18 cannot and will not invest...right? So, they don't get OCI.

Yes, it is illogical...especially when you compare a Indian citizen who gave up his citizenship and Indian citizen who did not give up his citizenship...the rule looks absurd. But, that's how it is...at least until someone challenges it!
 
First of all, OCI itself is a misnomer. It is Overseas CITIZEN of India. But, see the benefits...it says PARITY with NRI!!! WOW, that's a big name! Nothing CITIZEN about it!!!
 
cousin example

mangal696,

you have your facts wrong. go read the rules in detail at the MHA website.

http://www.mha.nic.in/oci/faqs.pdf

REGARDLESS of who the spouse of my US-born indian origin cousin is (heck could even be my own real sibling, and the absurdity of this rule would be even more apparent), their kid is eligible for OCI. i.e. OCI eligibility derives from EITHER parent, not both.

also, this is not about saving $100 - for heaven's sake. this is about constitutional rights, civil rights.

how can the government screw the civil rights of kids of its own citizens, while giving rights to foreigner's kids???!!! what the hell do i pay indian taxes for and work for an indian company for then??? this is WRONG, it is ILLEGAL. someone just needs to challenge this in court, and the supreme court of india needs to fix this ludicrous nonsense.
 
tamtom

tamtom:

i posted in the thread you started - read my post. as you probably know, since you seem to have done your homework, it is possible for a US born indian kid to GET an indian passport. but IMPOSSIBLE to LEGALLY RETAIN it while DEPARTING the US - due to rule 1185.

i know you mention that no one asked at the exit check, but that means you got away with it, not that it is allowed.

so an indian kid, can not even ONCE see his/her homeland as an Indian citizen, according to the rules.
 
further ammo

there is a further case for a legal challenge:

those who obtained OCI cards for their US born kids before this PIO nonsense kicked in late last year, and those who are now stuck w PIO only option, are both entitled to equal treatment i am sure. i mean, just due to dumb luck, some people have these OCI cards for their kids. no law was changed in the interim. only babus changed the interpretation of the laws.

so, either these lucky OCI cards are now invalid, or the PIO cases are getting denied their OCI rights.

you cannot discriminate between two people who have the same fundamental rights under law.
 
tamtom said:
Children of Indian citizens, even if born in the US, are still eligible for Indian citizenship and Indian passports, on condition that they don't take US passports.

For a discussion of the issues involved, see http://www.immigrationportal.com/showthread.php?t=210962

--Tamtom
Click to expand...


Tamtom,
I read through the thread you referred to but unable to get anything conclusive on this topic. So appreciate some help in getting complete picture.
We are Indian citizen parents on L1/L2 expecting a baby by this year end. We already have a 3 year old child with Indian Passport. And we are planning to go back to India in a couple of years for good. In this scenario it is most logical to get an Indian Passport for the next baby as well. But just for getting Indian Passport, I dont want to send my wife to India for delivery.

Can I have the delivery in US itself and still get an Indian Passport applied for the baby without accepting a US passport?
In this case, as the place of birth would be US, will the baby have a problem applying for US visa in future?
 
mjayaram123, you can have the baby in the US and get it an Indian passport from the closest consulate. You will have to get a US visa stamp for the baby next time you visit India though foe the baby to enter US soil.
When the kid turns 18 s/he can claim US citizenship or continue with the Indian passport.
 
Hi aabbcc11,
US consulate in India will not grant a visa if a baby is born in US and you obtained a Indian Passport for the baby. They will consider the baby as US citizen and will ask you to apply for a US passport. The FAQ in consulate website says this clearly. Ofcourse this applies only if the parent wants to travel back to US with the baby. If there are no travel plans, then this would work.
 
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