Our first child - Dilemma over his citizenship

[bristytristy]

We are about to have our first baby in Jul14, Naturally; we are very excited and happy. However, a persistent thought and dilemma surrounding the newborn’s citizenship has become a spoiler in our happiness. I know that I can’t have best of both the worlds, unless I am Miley Syrus, but I want to take some responsible decisions and not regret in time to come.

Our Background:

My wife and I are Indian citizens by birth and are in USA since last 4 years. I am on L1-B and my wife is on L2 and working.
I will max out in Dec 14. After Dec14, most likely we need to wrap up and head back to India. As we have strong commitments back home, we intend to settle down in India. Being in IT, we may need to travel frequently, but I don’t expect to stay here for longer period.

Now:

I have the option of applying for US Passport + OCI/PCI, but if I do so and on going back to India I have to educate my child as NRI and she cannot hold Govt Office or work as public servant because she will be US Citizen, I know she can change it once she is 18 years but I will still have to educate him as NRI till then.

Case I (Most likely): US passport + OCI/PIO

As I mentioned, we will most likely return to India and he will spend most of his initial 18 years in India.
1. God forbid, if something happens to both of us, what will happen to our child?
2. Can we make any investments/insurance for our son?
3. I understand that there will be cost implications for his higher studies in India, but what about initial 18 years. Will the expense be any different than that for children born in India?
4. Will the decision of renouncing/keeping US citizenship has to be taken by my son alone? Will he be interviewed alone or can we accompany him during the renunciation process.


Case II: Indian Passport + US Birth Certificate.

1. If we apply Indian Passport for child and if we ( with our son) need to travel to USA (for our Job) before he is 18, will there be any issues (as my son will be citizen by birth but hold Indian Passport).
2. Once he turns 18 (or before/after) - Can he renounce Indian Citizenship and apply for US Citizenship? If yes, will he have all rights in USA as US citizens (voting, public servant, govt official, etc)?
3. If NO to # 3, i,e; If he retains Indian Citizenship will he have all rights as Indian (voting, public servant, govt official, etc)?
4. If #3, I,e; He retains Indian Citizenship, Will he be able to travel to USA for higher studies and jobs.

[rayb]

Bristy,

Are you a U.S. citizen by birth or by Naturalization? If by Naturalization, how long ago did you obtain Naturalization? There is a minimum amount of Naturalized time for a parent to automatically pass on U.S. citizenship to a child, if the child is born abroad. Once in the U.S., however, with legal residency, a born-abroad child can apply for derivative citizenship.

With the above described criteria in mind, do any of your assumptios or questions change?

--Ray B

We are about to have our first baby in Jul14, Naturally; we are very excited and happy. However, a persistent thought and dilemma surrounding the newborn’s citizenship has become a spoiler in our happiness. I know that I can’t have best of both the worlds, unless I am Miley Syrus, but I want to take some responsible decisions and not regret in time to come.

Our Background:

My wife and I are Indian citizens by birth and are in USA since last 4 years. I am on L1-B and my wife is on L2 and working.
I will max out in Dec 14. After Dec14, most likely we need to wrap up and head back to India. As we have strong commitments back home, we intend to settle down in India. Being in IT, we may need to travel frequently, but I don’t expect to stay here for longer period.

Now:

I have the option of applying for US Passport + OCI/PCI, but if I do so and on going back to India I have to educate my child as NRI and she cannot hold Govt Office or work as public servant because she will be US Citizen, I know she can change it once she is 18 years but I will still have to educate him as NRI till then.

Case I (Most likely): US passport + OCI/PIO

As I mentioned, we will most likely return to India and he will spend most of his initial 18 years in India.
1. God forbid, if something happens to both of us, what will happen to our child?
2. Can we make any investments/insurance for our son?
3. I understand that there will be cost implications for his higher studies in India, but what about initial 18 years. Will the expense be any different than that for children born in India?
4. Will the decision of renouncing/keeping US citizenship has to be taken by my son alone? Will he be interviewed alone or can we accompany him during the renunciation process.


Case II: Indian Passport + US Birth Certificate.

1. If we apply Indian Passport for child and if we ( with our son) need to travel to USA (for our Job) before he is 18, will there be any issues (as my son will be citizen by birth but hold Indian Passport).
2. Once he turns 18 (or before/after) - Can he renounce Indian Citizenship and apply for US Citizenship? If yes, will he have all rights in USA as US citizens (voting, public servant, govt official, etc)?
3. If NO to # 3, i,e; If he retains Indian Citizenship will he have all rights as Indian (voting, public servant, govt official, etc)?
4. If #3, I,e; He retains Indian Citizenship, Will he be able to travel to USA for higher studies and jobs.

[raghvi]

Bristy,

Are you a U.S. citizen by birth or by Naturalization? If by Naturalization, how long ago did you obtain Naturalization? There is a minimum amount of Naturalized time for a parent to automatically pass on U.S. citizenship to a child, if the child is born abroad. Once in the U.S., however, with legal residency, a born-abroad child can apply for derivative citizenship.

With the above described criteria in mind, do any of your assumptios or questions change?

--Ray B

Ray, from what I understood from Bristy's post, he and his spouse arent citizens, they have been here for last 4 Years on L1/L2 visas and are expecting a baby.

They expect to go back to India within next few years and seems they are facing the same eternal question which many parents have faced and many about to be parents will keep facing; whether to keep Indian citizenship for the child or to get him/her the US citizenship.

Am afraid, it will be a dilemma and doesnt have a fool-proof-best-fit-for-all-solution. Its like gazing in the future 18-20 Years hence and trying to take a decision which will be beneficial at that time.

Bristy, the concerns you have highlighted and are very much genuine. There have been some interesting discussions in this forum some of which I am putting below. Again, they may not answer all your questions but give some food for thought and pointers.

http://www.immihelp.com/forum/showthread.php/117728-us-born-indian-citizen?p=319810#post319810

http://www.immihelp.com/forum/showthread.php/36212-US-born-children-education-in-India

http://www.immihelp.com/forum/showthread.php/118145-Can-minor-renounce-US-citizenship?p=319835#post319835

This is my opinion not legal advice.

[rayb]

Raghvi,

The original poster posted that he would have his own U.S. passport, which suggests he expected to obtain U.S. citizenship.

What wasn't clear from his message,however, is whether he knows for a certainty that the child will be BORN in the U.S.

--Ray B

Ray, from what I understood from Bristy's post, he and his spouse arent citizens, they have been here for last 4 Years on L1/L2 visas and are expecting a baby.

They expect to go back to India within next few years and seems they are facing the same eternal question which many parents have faced and many about to be parents will keep facing; whether to keep Indian citizenship for the child or to get him/her the US citizenship.

Am afraid, it will be a dilemma and doesnt have a fool-proof-best-fit-for-all-solution. Its like gazing in the future 18-20 Years hence and trying to take a decision which will be beneficial at that time.

Bristy, the concerns you have highlighted and are very much genuine. There have been some interesting discussions in this forum some of which I am putting below. Again, they may not answer all your questions but give some food for thought and pointers.

http://www.immihelp.com/forum/showthread.php/117728-us-born-indian-citizen?p=319810#post319810

http://www.immihelp.com/forum/showthread.php/36212-US-born-children-education-in-India

http://www.immihelp.com/forum/showthread.php/118145-Can-minor-renounce-US-citizenship?p=319835#post319835

This is my opinion not legal advice.