Can minor renounce US citizenship ?

[fundoo158]

I am planning to go back to India for good.

I have a US born baby and still undecided about which passport I should go back with.

Haven't applied for US passport but haven't registered my daughter's birth yet with Indian consulate.

I can go back with US passport (considering that I might have to come back in future due to job assignments) + PIO card;

I want to know -- can minor renounce US citizenship @ US consulate in India ?

On this forum, I have seen ppl making statement that MINOR CANNOT renounce US citizenship and they can do so ONLY at the age of 18. HOWEVER.

". RENUNCIATION FOR MINOR CHILDREN/INCOMPETENTS

Citizenship is a status that is personal to the U.S. citizen. Therefore, parents may not renounce the citizenship of their minor children. Similarly, parents/legal guardians may not renounce the citizenship of individuals who are mentally incompetent. Minors seeking to renounce their U.S. citizenship must demonstrate to a consular officer that they are acting voluntarily and that they fully understand the implications/consequences attendant to the renunciation of U.S. citizenship.

[rayb]

Your statements below are somewhat contradictory of each other. You're asking if you can renounce your U.S. citizenship, yet you are alluding to possibility of returning to U.S. for future job assignments. You say that you have read on this forum that minors cannot renounce U.S. citizenship (I'm assuming you are a minor), but then cite a State Department statement that minors can renounce U.S. citizenship if a consular officer is satisfied with your understanding of the issues. The later means "maybe."

My advice is to put this out of your head for a few more years until your life is more stable and your goals are clearer.

As an aside, one might ask "Why?"

--Ray B

[fundoo158]

Your statements below are somewhat contradictory of each other. You're asking if you can renounce your U.S. citizenship, yet you are alluding to possibility of returning to U.S. for future job assignments. You say that you have read on this forum that minors cannot renounce U.S. citizenship (I'm assuming you are a minor), but then cite a State Department statement that minors can renounce U.S. citizenship if a consular officer is satisfied with your understanding of the issues. The later means "maybe."

My advice is to put this out of your head for a few more years until your life is more stable and your goals are clearer.

As an aside, one might ask "Why?"

--Ray B

Ray - I am indian citizen on H1 in US and I am not talking about me renouncing US citizenship. My daughter is US born.

I am talking about "She being able to renounce US citizenship once she turns 14-15". Whether this is possible or not?

[rayb]

I understand your question better now.

From the citations you provided, it appears that the renunciation can happen if a consular officer is convinced that the child is fully cognizant of her rights, etc. In my experience, most consular officers abroad will not exercise their authority to proceed with a renunciation from a child that age. Years ago, children born abroad of U.S. citizen parent(s), and still living abroad, had to chooseat age 18 which country citizenship to maintain. Since then the rules have changed and the subject of dual citizenship is interpreted a dozen different ways, depending on countries involved and reasons for not retaining U.S. citizenship.

--Ray B

Ray - I am indian citizen on H1 in US and I am not talking about me renouncing US citizenship. My daughter is US born.

I am talking about "She being able to renounce US citizenship once she turns 14-15". Whether this is possible or not?

[cafeconleche]

Essentially, she cannot renounce her US citizenship until she's no longer a minor, and you cannot do it for her either. Getting her a US passport and PIO is perfectly fine, and actually the only honest way to proceed. Remember, though, that the child will be treated as an NRI in India, and school fees will be appropriately higher.

[fundoo158]

Thanks All.

I guess Indian passport is the best bet

[cafeconleche]

Fine, but any time the child wants to enter the US, the game's over because a US passport will be required. But, by then, the child will at least have a PAN card and other papers that an Indian citizen has, and can, unlawfully, live as an Indian citizen in India as far as school fees are concerned. Take from that what you will.