Some Questions about US citizenship

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veena7282

New Member
Hello,

My Son ( 1 yr old ) is a US citizen but my Husband is h1B status. he finished his project. we came back to india.no idea about next travel to US.
How can I cancel my Son's US citizenship and make his an Indian citizen ?
or
What is the process of applying OCI card?

Else

Can we travel with my son's US citizenship?

Thanks,
 
veena7282 said:
Hello,

My Son ( 1 yr old ) is a US citizen but my Husband is h1B status. he finished his project. we came back to india.no idea about next travel to US.
How can I cancel my Son's US citizenship and make his an Indian citizen ?
or
What is the process of applying OCI card?

Else

Can we travel with my son's US citizenship?

Thanks,
Click to expand...

My suggestion would be NOT to cancel his US citizenship and wait till he is 18 years old and at that point he/you can choose whether to retain his US citizenship or to give that up and take Indian citizenship.

You should easily be able to apply for an OCI card from India itself (see OCI forum) once you have an address etc.

You will need a VISA to travel to US. Your sons US citizenship will have no bearing. Once he is an adult he could sponsor you both for a green card (as of now that takes less than a year) but no idea how fast it would be 20 years down the line.

I am not an expert this is just my opinion.
 
Your son is "NOT" eligible to apply for OCI card. One of the parents must be US Citizen to be able to apply for the OCI to their US born kids.

What do u think your son's status will be if you cancel his US Citizenship without acquiring another country's citizenship? You need to acquire Indian citizenship first before renouncing another country's citizenship. Your son is US Citizen by birth.

Only your son is eligible to travel (technically but not practically since he is only 1 yr old :) ) to US. But once he turns 18 (or 21 ..not sure which one exactly)..he can sponsor parents for US immigration.

Meanwhile you better have PIO card for your son rather than a Visa. PIO card lets you keep your son for unlimited time in India..while visa restricts somewhat...go and research more FIRST on the Indian Embassy websites for more info on the visa types..
 
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My suggestion would be NOT to cancel his US citizenship and wait till he is 18 years old and at that point he/you can choose whether to retain his US citizenship or to give that up and take Indian citizenship.
Click to expand...

I don't think the parents can cancel the citizenship of a minor. Only a adult can renounce their own citizenship.
 
milk said:
Your son is "NOT" eligible to apply for OCI card. One of the parents must be US Citizen to be able to apply for the OCI to their US born kids.
Click to expand...

Thanks for clarifying that Milk. I was unaware of the rule that one of the parent needs to be a US citizen for the child to apply for OCI. Any particular reason why they would have that requirement? Assuming that is correct (OP can reconfirm in the OCI forum), OP will need the PIO for the son instead and follow all rules while OP/son are in India (I believe there is some occasional police verifications etc. required).
 
NJOY_SCUBA said:
I don't think the parents can cancel the citizenship of a minor. Only a adult can renounce their own citizenship.
Click to expand...

But obvious! Hence the "he/you" in my statement since many 18 year olds in India rely on parents guidance to make that decision. Officially only an adult can make that decision for him/herself (hence the requirement to wait till the child turns 18/adult to make his own decision). Thanks
 
richmondva said:
Thanks for clarifying that Milk. I was unaware of the rule that one of the parent needs to be a US citizen for the child to apply for OCI. Any particular reason why they would have that requirement? Assuming that is correct (OP can reconfirm in the OCI forum), OP will need the PIO for the son instead and follow all rules while OP/son are in India (I believe there is some occasional police verifications etc. required).
Click to expand...
I am not sure why the Indian Govt designed that way...but it might be because the children's OCI is derived from Parent's citizenship..if both parents hold Indian citizenship, then OCI doesn't arise for them...so a child can not derive the same..my 2cents...but there may be a better explanation or reasons beyond this simple generic reason that I gave.
 
Why cancel US citizenship when you can get OCI card and have both benefits. With OCI card, you can plan anything for your son in India, property, education and almost all benefits
 
Jack,
Indian law states that in order to claim Indian Citizenship (Citizenship by descent) for being born outside India, the following conditions must be satisfied
1. Both or one of the parents must be Indians
2. Should not have applied for US citizenship (applying for US passport) is considered to be an act of applying for US citizenship
3. The child must be registered with the nearest Indian Consulate before first birthday.


Also it is big pain to get travel with an Indian Passport with a US city/state as place of birth. US would refuse to provide a Visa and India would refuse let kid hold US passport.
 
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