US Citizenship for Child Born in India

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cp-gc

Registered Users (C)
Hi Folks,

Me and my spouse are both US Citizens. We became US citizens last year.
We have one child born in US.

We plan to return to India for a few years. If we have a second child in India, will the child be a US Citizen ?

If Yes, I have one more question.

Once the child gets a US Passport in India, do we need to apply for a Indian VISA / PIO ?

Please advise.
 
yes and yes

Hi,

Yes your child born in India will be US citizen as both of you are US citizens.

Yes you need to apply for PIO/OCI for your child.

Regards
 
Yes your children born in India are US citizens. To get US passport for your child you need the following :

If you claim citizenship through birth abroad to two U.S. citizen parents:
Your kid's foreign birth certificate,
Parent’s marriage certificate, AND
Proof of citizenship of your U.S. parents and an affidavit of your U.S. citizen parents showing all periods and places of residence of physical presence in the United States and abroad before your birth.
 
showing all periods and places of residence of physical presence in the United States and abroad before your birth
Click to expand...

So basically the saga of keeping track of all your travels into and out of the U.S. does NOT end even after you get your U.S. citizenship?

Why doesn't someone simply invent (and the governments around the world use) a writable RFID passport or card that simply logs all of this data instead of relying on those unreadable passport stamps that people get subjected to trying to read/decipher?

Or if the U.S. government logs this data on their computer networks, there should simply be a service to allow people to request a log by paying a small fee. I wonder if all the I-94 and other travels into and out of the country are logged and can be retrieved?
 
Oh please, no RFID chip!!!

For me just an arrival and departure stamp would do, but then I never get a departure one in the US and never get my passport stamped in the EU.

Governments do enough harmful things with personal data, so do private firms.

I really don't want to have a messed up credit history because of that!

Amazing that the US doesn't have a data protection law or doesn't care about it.
The last time I checked Credit Card data has to be stored encrypted, but that doesn't seem to be always the case - considering recent data theft cases.
 
jc8018 said:
Yes your children born in India are US citizens. To get US passport for your child you need the following :

If you claim citizenship through birth abroad to two U.S. citizen parents:
Your kid's foreign birth certificate,
Parent’s marriage certificate, AND
Proof of citizenship of your U.S. parents and an affidavit of your U.S. citizen parents showing all periods and places of residence of physical presence in the United States and abroad before your birth.
Click to expand...

I fail to see why that would be required, when the derived citizenship in this instance would be unconditional based on BOTH the parents being USCs. A period of US residence is only required when citizenship is being derived through one USC parent.

http://travel.state.gov/law/info/info_609.html

nyarcher said:
What happens if the mom is US citizen only?

Thanks.
Click to expand...

See the above link.
 
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boatbod said:
I fail to see why that would be required, when the derived citizenship in this instance would be unconditional based on BOTH the parents being USCs. A period of US residence is only required when citizenship is being derived through one USC parent.

http://travel.state.gov/law/info/info_609.html
Click to expand...
But the very link you posted says at least one of the parents must have resided in the US prior to the child's birth.
 
<duh>Oh yes, indeed it does.</duh>

Having conceded that point, I guess I'll make the obvious statement that since the OP naturalized, it might be reasonable to presume he already met the non-specific US residency requirement.
 
boatbod said:
<duh>Oh yes, indeed it does.</duh>

Having conceded that point, I guess I'll make the obvious statement that since the OP naturalized, it might be reasonable to presume he already met the non-specific US residency requirement.
Click to expand...

I think Boatbod is correct in that the time limit does not apply if both parents a US citizens. Yes one must have lived in the U.S., however no time limit. So if one provide a SSA statement with the certificate of birth abroad application, it will suffice. Also providing one or two tax returns or transcripts would also suffice. This is actually the best situation to be in - being born abroad to two citizen parents.

Birth Abroad to Two U.S. Citizen Parents in Wedlock: A child born abroad to two U.S. citizen parents acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA). One of the parents MUST have resided in the U.S. prior to the child's birth. No specific period of time for such prior residence is required.
 
WHat after you get US Passport for kid

So looks like the Child will be a US Citizen.

3 Questions:


1. Say the US Passport arrives when the kid is 6 months. From 0-6 months was the child technically a Indian Citizen ?

2. After child get US passport, one needs to apply for PIO/OCI etc. This may take 2 months or so.. what is the status of the child during that time ?

3. When the child needs to leave India for the first time, the child US passport will ofcourse have "no stamp" of entry to India since the child was born in India. Will this be an issues ? Do we need to do something once the PIO/OCI arrives.

Thanks
 
cp-gc said:
1. Say the US Passport arrives when the kid is 6 months. From 0-6 months was the child technically a Indian Citizen ?
Click to expand...
The child would be a US citizen since birth, even you don't apply for a passport for him/her. The passport is just a document proving citizenship that already exists; the start of citizenship is not tied to the existence or lack thereof of the passport. However, I can't comment on the rules for Indian citizenship.
 
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Anyone knows the answers to below.

So looks like the Child will be a US Citizen.

3 Questions:


1. Say the US Passport arrives when the kid is 6 months. From 0-6 months was the child technically a Indian Citizen ?

2. After child get US passport, one needs to apply for PIO/OCI etc. This may take 2 months or so.. what is the status of the child during that time ?

3. When the child needs to leave India for the first time, the child US passport will ofcourse have "no stamp" of entry to India since the child was born in India. Will this be an issues ? Do we need to do something once the PIO/OCI arrives.

Thanks
 
cp-gc,

I am in the same boat as you.

1. Child is not an Indian Citizen. Because parent(s) are USC. Although, paper work is not present.

For Q2 I have a guess -
2. You are concerned if the presence of USC should be reported to the authorities or not. There is 6 months period to report, so it should not be a concern.

Q3 - I never thought about this situation. Thanks you pointed it out. I sent an email to Chicago consulate to check the child status. I will let post the reply if I hear anything.

I have sent an email last week to Chennai consulate to check how long it takes to get the passport and SS #. This is the link http://chennai.usconsulate.gov/birth_abroad.html
 
india_2_US said:
cp-gc,

I am in the same boat as you.

1. Child is not an Indian Citizen. Because parent(s) are USC. Although, paper work is not present.
Click to expand...

If you are in the USA, can you send me your number via a private message.
Question : How is the child living in India without Indian VISA. ?

india_2_US said:
For Q2 I have a guess -
2. You are concerned if the presence of USC should be reported to the authorities or not. There is 6 months period to report, so it should not be a concern.
Click to expand...

No - I am talking about the US Citizen child living in India without any Indian VISA from birth till he / she gets PIO/OCI ? Will that be an issues

india_2_US said:
Q3 - I never thought about this situation. Thanks you pointed it out. I sent an email to Chicago consulate to check the child status. I will let post the reply if I hear anything.
Click to expand...

Thanks , let me know
I have sent an email last week to Chennai consulate to check how long it takes to get the passport and SS #. This is the link http://chennai.usconsulate.gov/birth_abroad.html[/QUOTE]
 
Responses

Indian Consulate at Chicago response -

"OCI/PIO cards are issued to facilitate travel to India. Secondly visa for US is required by non-us passport holders. Since your child will be holding a US passport, no visa is required to enter USA. For stay in India kindly seek necessary information from your nearest FRRO/FRO."

US Consulate at Chennai response -

Contents of the page http://chennai.usconsulate.gov/birth_abroad.html and attachment of DS2029 form.

cp-gc, I will PM you with my number.
 
india 2 US

I called you on the number, but I think someone else answered.. please call me back.. I am not sure if I have the right number
 
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