Applyig Indian Passport for new born in USA

[tmlsuresh]

I am very new to USA and I am expecting my baby in the month of september 2017 and I would like to go with Indian Passport for my child and Would like to know how to get that Passport.

PS: I am currently in Connecticut state and Newyork is the nearest city to me

[phanime1]

Hi Suresh,
What did you end up doing? As far as I know, your new born cannot stay in USA without a visa or citizenship. USA does not grant "USA visa" for people who were born in USA. India does not accept dual citizenship. So I think your baby can't get an indian passport unless when he/she moves to India completely.

[newacct]

As far as I know, your new born cannot stay in USA without a visa or citizenship. USA does not grant "USA visa" for people who were born in USA.

This doesn't make sense. Of course the child born in the US is a US citizen. It's not a choice; even if the child doesn't want it, they cannot get rid of it until they grow up.

India does not accept dual citizenship.

No country "does not accept dual citizenship". India has a rule where an Indian citizen who voluntarily acquires a foreign nationality automatically loses Indian citizenship. Nobody is voluntarily acquiring a foreign nationality here. Indian rules also regards obtaining a foreign passport to be evidence of voluntarily acquiring a foreign nationality (even though it isn't), so the child cannot obtain a US passport without losing Indian citizenship.

So I think your baby can't get an indian passport unless when he/she moves to India completely.

Of course they can. According to Indian law, a child born abroad to at least one Indian parent is an Indian citizen if registered at an Indian consulate within 1 year of birth and the parent declares that the child does not have a foreign passport. "move to India completely" is not a requirement.

[inadmissible]

Congratulations Suresh on the upcoming baby

[phanime1]

This doesn't make sense. Of course the child born in the US is a US citizen. It's not a choice; even if the child doesn't want it, they cannot get rid of it until they grow up.

I'm new to this forum and I'm sorry if my response was ambiguous.

My understanding so far is for example, a baby is born in USA and moves to India. Parents decide to get an Indian passport for the baby (after meeting the requirements of giving up the USA passport). Now if that baby wants to visit USA, he/she either needs a USA passport or a USA visa. The baby doesn't have a USA passport and as per USA rules, the baby is a USA citizen and is not applicable to apply for any type of USA visa. So that baby is in a limbo as far as USA visit is concerned. Please correct me if I'm wrong.

I'd have to agree with you on the rest of your response because I'm not an expert.

[newacct]

after meeting the requirements of giving up the USA passport

It's not possible for a young child to lose US citizenship. I am not sure what you mean by "giving up" a passport.

Now if that baby wants to visit USA, he/she either needs a USA passport or a USA visa. The baby doesn't have a USA passport and as per USA rules, the baby is a USA citizen and is not applicable to apply for any type of USA visa. So that baby is in a limbo as far as USA visit is concerned.

The child is a US citizen and would generally use a US passport to enter the US. Again, I am not sure what you mean by "doesn't have a USA passport". If the child never applied for a US passport, or it was lost or expired, the child can just apply for a US passport at any time. Note that doing so will probably cause loss of Indian citizenship.

Another potential option would be to first travel by land to Canada or Mexico, and the cross into the US by land, because US citizens under 16 can enter the US by land or sea with just a US birth certificate (and also in general, a US citizen cannot be denied entry to the US even if they don't have the required documents, so as long as the person can prove US citizenship, if they show up at a land border, they will get in).

[tmlsuresh]

Of course they can. According to Indian law, a child born abroad to at least one Indian parent is an Indian citizen if registered at an Indian consulate within 1 year of birth and the parent declares that the child does not have a foreign passport. "move to India completely" is not a requirement.

In the above case, when we travel back to India with child's Indian passport.. how does visa work here.. by default passport will say he/she is Indian, while leaving how to exit out of USA without an valid Visa.. or they consider the baby as USA citizen by producing birth certificate...

Please correct me if am wrong.

[newacct]

In the above case, when we travel back to India with child's Indian passport.. how does visa work here.. by default passport will say he/she is Indian, while leaving how to exit out of USA without an valid Visa.. or they consider the baby as USA citizen by producing birth certificate...

Please correct me if am wrong.

The US has no exit checks. Anyone can leave the US freely at any time provided they can enter the destination country.