US to India Travel on Indian Passport for Infant Born in US

[sunnyb]

Hi,
We have our baby due in next few weeks. We are planning to apply Indian passport for the baby here at Indian Consulate. Information which we have so far suggests that we can apply and get an Indian passport for the baby by registering the birth at Indian Mission and applying for the passport at the same time.

Since the baby will be born in US, he will be a US citizen by law and hence US gov will not give visa on baby's Indian Passport. In this case when we travel out from US to India can there be any issue at the flight boarding because baby's passport will be blank, off-course we'll carry the birth certificate issued by US gov to prove that baby is born in US and hence there is no visa in passport.

I have read a few cases online where people claim to travel from US to India without any issue in such cases. We are planning to move back to India so we are not bothered about re-entry into US and that's why we are choosing Indian Passport for the baby.

Are there any parents in the forum who have opted for Indian Passport for their baby born in the US recently? If anyone has similar experience, please share.

Any other feed back/suggestion/information is also appreciated.

Thanks,
Sunny.

[visak]

You shouldn't have any issues travelling from US to India on Indian passport. Entry requirements are verified only for the destination country, in this case India and Indian passport is enough to enter. If baby ever need to come back to the US, birth certificate can be used to apply for US passport at US consulate in India and renounce Indian passport after getting US passport. You can also double check with airlines to make sure there are changes that I am not aware of.

[proonindiandoc]

Hi,
We have our baby due in next few weeks. We are planning to apply Indian passport for the baby here at Indian Consulate. Information which we have so far suggests that we can apply and get an Indian passport for the baby by registering the birth at Indian Mission and applying for the passport at the same time.

Since the baby will be born in US, he will be a US citizen by law and hence US gov will not give visa on baby's Indian Passport. In this case when we travel out from US to India can there be any issue at the flight boarding because baby's passport will be blank, off-course we'll carry the birth certificate issued by US gov to prove that baby is born in US and hence there is no visa in passport.

I have read a few cases online where people claim to travel from US to India without any issue in such cases. We are planning to move back to India so we are not bothered about re-entry into US and that's why we are choosing Indian Passport for the baby.

Are there any parents in the forum who have opted for Indian Passport for their baby born in the US recently? If anyone has similar experience, please share.

Any other feed back/suggestion/information is also appreciated.

Thanks,
Sunny.

I do see few of the cases from my visa clients, would be no issues if baby registered to Indian Embassy as born abroad. I would recommend you have your new born baby for renunciation of U.S citizen because India is not allowing carry dual citizenship.

[newacct]

The US has no exit checks, no matter if you leave by air, sea, or land. Anyone can leave the US, regardless of their status, as long as they can enter the destination country.

[proonindiandoc]

The US has no exit checks, no matter if you leave by air, sea, or land. Anyone can leave the US, regardless of their status, as long as they can enter the destination country.

Yes, you are right, but the problem is from the Indian Government. If the child born oversea, and choose to carry Indian passport, he/she must renounce the U.S citizenship because Indian Government not allowing carry dual Citizenship. Now the problem is, if Applicant illegally carry Indian passport as Dual citizenship, may fine him/her up to $2500 penalty.

[newacct]

Yes, you are right, but the problem is from the Indian Government. If the child born oversea, and choose to carry Indian passport, he/she must renounce the U.S citizenship because Indian Government not allowing carry dual Citizenship. Now the problem is, if Applicant illegally carry Indian passport as Dual citizenship, may fine him/her up to $2500 penalty.

No, that's wrong. Indian law says the child is an Indian citizen at birth if the parents register the child within one year of birth, declaring that the child does not hold a foreign passport. This is regardless of whether the child has foreign nationalities at birth or not. And in fact, it is legally impossible for a young child to renounce US citizenship (this is true for many other countries as well).

And a country cannot "not allowing carry dual Citizenship". That doesn't make any sense. Each country determines by its law who are its own nationals. If multiple countries' laws say that a person has their respective nationalities, then the person has multiple nationality. This is not an action, so cannot be "allowed" or "not allowed". A country only has say over whether a person has its nationality, and not whether it has any other countries. Indian law provides for this child to have Indian citizenship with the conditions defined in the law, which do not depend on whether the child has foreign nationalities. Indian law provides for many cases where a person will have Indian citizenship and foreign nationality at the same time. For example, 1) a person born abroad who has an Indian parent, who is registered within one year of birth as provided in the law, has Indian citizenship. The child can also automatically have other nationalities at birth from the other parent, and/or from the country of birth. In fact, Indian law specifically provides for such a person with dual nationality to lose Indian citizenship if they do not renounce other nationalities within 6 months of age of majority, so obviously it is expected in Indian law that such people can have multiple nationality. Another example is 2) a person born in India to an Indian parent may have another nationality at birth from the other parent. In this case, Indian law does not provide for the person to lose Indian citizenship at any age even if they do not renounce other nationalities.

[proonindiandoc]

No, that's wrong. Indian law says the child is an Indian citizen at birth if the parents register the child within one year of birth, declaring that the child does not hold a foreign passport. This is regardless of whether the child has foreign nationalities at birth or not. And in fact, it is legally impossible for a young child to renounce US citizenship (this is true for many other countries as well).

And a country cannot "not allowing carry dual Citizenship". That doesn't make any sense. Each country determines by its law who are its own nationals. If multiple countries' laws say that a person has their respective nationalities, then the person has multiple nationality. This is not an action, so cannot be "allowed" or "not allowed". A country only has say over whether a person has its nationality, and not whether it has any other countries. Indian law provides for this child to have Indian citizenship with the conditions defined in the law, which do not depend on whether the child has foreign nationalities. Indian law provides for many cases where a person will have Indian citizenship and foreign nationality at the same time. For example, 1) a person born abroad who has an Indian parent, who is registered within one year of birth as provided in the law, has Indian citizenship. The child can also automatically have other nationalities at birth from the other parent, and/or from the country of birth. In fact, Indian law specifically provides for such a person with dual nationality to lose Indian citizenship if they do not renounce other nationalities within 6 months of age of majority, so obviously it is expected in Indian law that such people can have multiple nationality. Another example is 2) a person born in India to an Indian parent may have another nationality at birth from the other parent. In this case, Indian law does not provide for the person to lose Indian citizenship at any age even if they do not renounce other nationalities.

Indian government clearly said not allowing carry dual citizenship, it is printed on the Indian passport. many of Asian Countries are not allowing carry dual citizen. the first statement, you said "Indian law says the child is an Indian citizen at birth if the parents register the child within one year of birth, declaring that the child does not hold a foreign passport. This is regardless of whether the child has foreign nationalities at birth or not.". It is true, but can you explain how come there are many of case, OCI or Visa applicant when they turn into 18 or adult, they apply OCI card, are they holding dual citizen? and they had been ask for charge Penalty, why?
I process over 5000 applications a year, and seen same amount of people, I study the materials for last 4 years, what the fact they look for supporting documents I am better than many people.

[josh36]

Hi,
We have our baby due in next few weeks. We are planning to apply Indian passport for the baby here at Indian Consulate. Information which we have so far suggests that we can apply and get an Indian passport for the baby by registering the birth at Indian Mission and applying for the passport at the same time.

Since the baby will be born in US, he will be a US citizen by law and hence US gov will not give visa on baby's Indian Passport. In this case when we travel out from US to India can there be any issue at the flight boarding because baby's passport will be blank, off-course we'll carry the birth certificate issued by US gov to prove that baby is born in US and hence there is no visa in passport.

I have read a few cases online where people claim to travel from US to India without any issue in such cases. We are planning to move back to India so we are not bothered about re-entry into US and that's why we are choosing Indian Passport for the baby.

Are there any parents in the forum who have opted for Indian Passport for their baby born in the US recently? If anyone has similar experience, please share.

Any other feed back/suggestion/information is also appreciated.

Thanks,
Sunny.

I am same boat, I am here on H1b, do I need to apply for H4 petition for my newborn in US with indian passport?

Thanks in advance!

[newacct]

I am same boat, I am here on H1b, do I need to apply for H4 petition for my newborn in US with indian passport?

Thanks in advance!

No. A child born in the US is a US citizen, and cannot have any kind of US visa or US nonimmigrant status.

[proonindiandoc]

No. A child born in the US is a US citizen, and cannot have any kind of US visa or US nonimmigrant status.

No, technically the baby is born as U.S citizen, but he can choose the nationality as the family. so the parents can apply the baby an Indian passport to return to their home country, and it is all legal

[newacct]

No, technically the baby is born as U.S citizen, but he can choose the nationality as the family. so the parents can apply the baby an Indian passport to return to their home country, and it is all legal

I didn't say the child doesn't have Indian citizenship or cannot get an Indian passport -- the child can have Indian citizenship and an Indian passport. But the child is still nevertheless a US citizen, and neither the child nor the family have any power to change that until the child grows up.

[proonindiandoc]

I didn't say the child doesn't have Indian citizenship or cannot get an Indian passport -- the child can have Indian citizenship and an Indian passport. But the child is still nevertheless a US citizen, and neither the child nor the family have any power to change that until the child grows up.

if the child obtain Indian passport, he/she must apply for US citizenship/passport when turning into 18 basis on his/her birth. before that time he/she is not considered as US citizenship because Indian Government is not allowing their citizens acquire dual citizenship

[newacct]

if the child obtain Indian passport, he/she must apply for US citizenship/passport when turning into 18 basis on his/her birth. before that time he/she is not considered as US citizenship because Indian Government is not allowing their citizens acquire dual citizenship

No. Who is some country's national or citizen is determined solely by the law of that country. US citizenship is solely a matter of US law; the Indian government has nothing to do with it. Just like Indian citizenship is solely a matter of Indian law; the US government has nothing to do with it.