Question on new USA born child Visa/stauts of Indian parents

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chennaiboy

Registered Users (C)
I'm on L1 Visa and my wife is in L2 Visa status in USA. Our child will be born next month and aFter my child born in USA, I'll get INDIAN Passport for him.

But then does he need to go to India back immediately and get US Visa and re-enter the country, or he is just allowed to stay here in USA without any Visa/L2 petition? or else How this will be done?

Pls help me in clarifying this.

Thankingyou again for your valuable time.


p.s: (I'm not bothered about DUAL citizienship at present and I want my child to have only INDIAN passport/citizenship)
 
Hello JoeF,

Here's the information from below Indian Consulate that states that child can get Indian Passport, as the childs parents being Indian citizens. (This is same way like when a child born outside USA to parents of USA citizens, the child gets US passport and becomes US citizen)

So in that case, when my child gets Indian passport, there must be some way to get L2 or some legal way of staying inside USA.

Hope you agree to my point.

Do you know any details further

Thanks,

Chennaiboy

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As per the existing instructions of Government of India, your child can either get an Indian passport or US passport . In no circumstances, he can hold the two passports. If he gets a US passport, he needs to apply for a visa for travel to India.
Regards,
D.B. Bhati
Vice Consul (Cons.)

----- Original Message -----


Sir,

Me and my wife are in L1-Visa and L2-Visa status respectively. For our new born child, can we have Indian passport. If so, can he have US passport also together (I undestand that presently Dual citzienship is not allowed, but he is born in USA to parents of Indian citizen).

If in case only US passport is allowed, when we move back to India permenately, does he can get India passport?

Pls help in me in clarfiying this.

Thankyou for you valuable time.

Yours truly,

---------------------------------
 
Last edited by a moderator:
Chennaiboy,
u can get Indian passport in the Indian embassy in US. But a child born in US is a US citizen.
My frind had this idea - it was 2 yrs back. They got an Indan passport for their kid - US born - in US. But when they applied for visa in India (during their Indian visit_- the US embassy in India returned the passport without stamping saying that the kid born in US is a US citizen and asked them to get a US pasport at the embassy in India itslf.
So my friend returned the Indian passport in India and got the US passport - also they had to get a visa for staying in India as they had got the US passport in India.
So finally the kid came to US with US passport. So it is better to get US passport - else u have to go through unnecessary hardships.
 
Thanks badobo and JoeF

one question comes to my mind immediately is, once I get US passport for my child and when I plan to move to India permanately (another 2 years from now), do I have keep taking visa for my child every 180 days??? (because even PIO card says that the PIO holder can stay only for 180 days contiously) Isn't that ridiculous ??

Or is there any other option/way??
 
Originally posted by badobo
Chennaiboy,
u can get Indian passport in the Indian embassy in US. But a child born in US is a US citizen.
My frind had this idea - it was 2 yrs back. They got an Indan passport for their kid - US born - in US. .
Click to expand...

Badabo,

Pls can u explain/give information on what details ur friend had furnished for getting Indian passport. (They do ask for childs legal status/visa status)

so how do they the child L2 or H4 in ur friends case (even my employer immigration people doesn't know this)

This info will really help me.
 
Hi chennaiboy,
1. If u get a PIO card - it is valid for 15 yrs.

2. It is not necessary that each visit is valid for 180 days only. If u stay for more than 180 days u need to register. Check the PIO information in the folowing site.

http://www.indianconsulate-sf.org/

3. Also the Indian govt has passed law regarding dual citizenship - though it will take some time for it to come into effect.

4. Are u sure u want to go for a Indian passport - because in that case ur child cannot come into US again with an Indian pasport - if he exists US.

5. To get an Indian passport u have to show proof of birth - submit a photo copy of the birth certificate along with the parents passports. U will get a new Indian passport after 3 days.

6. On the whole it is better to get US passport for US born kid. Get a PIO card. Later when dual citizenship is in effect get Indian passport.
 
U just have to show ur legal status - ur valid visa stamp in passport. They ask for ur passports to verify that the parents are Indians.
 
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From the US website


http://www.immigration.gov/graphics/services/natz/citizen.htm

Certain individuals born outside of the United States are born citizens because of their parents, according to the principle of jus sanguinis (which holds that the country of citizenship of a child is the same as that of his / her parents). The U.S. Congress is responsible for enacting laws that determine how citizenship is conveyed by a U.S. citizen parent or parents according to the principle of jus sanguinis. These laws are contained in the Immigration and Nationality Act.
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Hi JoeF,

I agreed with your points. But the information above from the US website says about the "principle of jus sangunis". So why it is not applicable the same way that a child born inside USA for foriegn nationals is not a Citizen of that country, but USA citizen?

Any ideas

Thanks,

Chennaiboy
 
What happens to the mother?

If a child born here is a US citizen, say the mother is on a visa of some sort and it's about to expire, what happens then?

Dose she have to return to her native country after having gotten the child a passport, or does INS have some provison for the mother?
 
There is no provision for the parent to continue to stay in US even after visa gets expired.
But when the US born kid turns 21, he/she can sponser the parent to immigrate to US using family based immigration.
 
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