US born Indian kid - regarding

G

gcwanted_new

Registered Users (C)
Hello,
We obtained Indian passport for our 6 months old baby, who was born in USA. Now, how does this baby travel back and forth between India and USA? What kind of visa that USA issues for this situation?

We are GC holders, can we apply greencard for this baby?

Will there be any prpblem, in future, if the baby (who will then be an adult), wishes to obtain US passport?


Thanks,
GcWanted
 
If the child is born in US, the child obtains US citizenship by birth. Just take the birth certificate to your nearest postoffice and apply for US passport.

Once you get the passport, you need to apply for Indian visa.
 
Last edited by a moderator:
Hi,

Isn't a baby born in the U.S. automatically a U.S. citizen?
Do you know of any resource for rules about U.S./Indian citizenship options for babies born in U.S/India?

Which option offers more choices for the baby, later on?
 
detail ...

Sorry if my post was not clear.

We know that the baby by birth is a US citizen. But, We wanted the baby to be Indian until the kid decides otherwise.

Now, does USA issue visa for such kids?

Thanks,
GcWanted.
 
I think you made things little more complicated but that's a matter of personal preference.

I have a co-worker whose son is born US citizen and he got 10 year visa to India. (she's a GC holder)
She says the other way around the children do not need a visa if they're traveling "on their parent's passports".

Visa requirements do change quite often, especially these days. Even if you get an actual answer on this forum I'd strongly recommend you check with the State Department about the most up to date rules.
 
Re: Re: detail ...

Originally posted by JoeF
What you want is irrelevant. The child is a US citizen, if you like it or not.
Click to expand...

JoeF,

Just out of curiosity.... the original poster claims they got an Indian passport for the child. Wouldn't the child loose the US Citizenship at that point?

I know this a very complex subject there may not be a simple answer to my question... I'm just curious.
 
I am not sure, But I believe the child has dual citizenship until 18. At which point the child (an adult, then), would/should denounce one of them.
 
So, the kid can enter US showing its Indian passport along with US citizenship certificate? Will the indian autorities at Indian emigration counters (at indian airport) allow the baby to board the flight?

Thanks,
GcWanted.
 
Originally posted by gcwanted_new
So, the kid can enter US showing its Indian passport along with US citizenship certificate? Will the indian autorities at Indian emigration counters (at indian airport) allow the baby to board the flight?

Thanks,
GcWanted.
Click to expand...

Your child is a US Citizen and you should get him/her a US Passport and present it at the port of entry to the United States. The Birth Certificate alone will not work.

The fact that you got your child an Indian passport may/may not be legal under the Indian law. I don't know.
 
Thanks George.

One thing I am sure is obtaining indian passport for the baby was legal. We presented our (both parent's) original passport along with baby's US birth certificate.

GcWanted.
 
Originally posted by gcwanted_new
Thanks George.

One thing I am sure is obtaining indian passport for the baby was legal. We presented our (both parent's) original passport along with baby's US birth certificate.

GcWanted.
Click to expand...

GcWanted,

I didn't mean to accuse you of doing anything illegal and I'm sorry if my post sounded that way.
Frankly, I know very little about India's citizenship laws besides the very limited info I got from my co-worker. Good luck!

- George
 
puzzle for you all!

India no longer allows kids on parents' passports, so kid needs own passport

US citizenship can only be renounced by a wilful statement in front of a government officer after the age of 18. simply getting another citizenship does not automatically cancel US citizenship.

it is a different matter whether you choose to get a document proving US citizenship or not. you still remain a citizen.

while leaving/entering the US, all US citizens are required to use US passports or the 'parents foreign passport with US birth cert option - which is not possible for Indians now.

US visas - immigrant/non-immigrant are not issued to US citizens

indian passports require an oath that at the time of issue, you did not hold or had applied for any other passport. it also states that if you apply for another passport later, you have to surrender your indian passport.

while leaving india, the immigration officer will check to see whether you have a visa for the country you are headed for.

****************

subject to the above set of inconsistent rules, the puzzle is:

how does an indian parents' baby born in the US retain indian citizenship/passport AND make a trip from US-India-US?

any solutions, anyone? LEGAL ones of course

and some don't ask-don't tell ones :D
 
India allows citizenship for this case

Hi,
I became very curious about this case. This is interesting.
At the ministry of home affairs for India, http://mha.nic.in/citi.htm, you can go to "Synopsis Of Act" to find ways one can get Indian citizenship. The third para is

" By Descent (section 4)

A person born outside India on or after 26th January 1950 but before 10th December 1992 is a citizen of India by descent, if his father was a citizen of India at the time of his birth. A person born outside India on or after 10th December 1992, is considered as a citizen of India if either of his parents is a citizen of India at the time of his birth. "

Well, India does consider him as Indian, US considers him american, and India does not have dual-citizenship. I do not know if he should get Indian visa or US visa, as surely he cannot keep and use both passports.
 
India allows dual citizenship...

I think India allows dual citizenship. India started dual citizenship only for some particular countries like USA and on January 16th issued dual citizenships to NRI's (not all but VIPs only) residing out of India.
 
Hi phillydude

Hi Phillydude,
The info link u sent might be old one. I saw the news in Indian news papers that Prime Minister Vajpayee approved the dual citizenship effected from Jan, 26 2003. On Republic day of 2003, Vajpayee and Advani issued dual citizenships to few NRI indians. You can enquire it.
 
Hi gcwanted_new

Hey gcwanted_new,
You surely have touched on a controversial topic, and I think that only a lawyer or BCIS can provide you with accurate answer.
I do agree with JoeF. Your son might not qualify for any visa category when you apply for one, they may find out that he was born here, and might be asked to get US passport instead. Once he gets US passport, his Indian passport does get cancelled.
Can BCIS ask him to stay in India till he's 18, if he wants to keep his Indian passport ????
Can you let us know your expereince when you try to apply for his visa or when he travels to US?
 
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