OCI Apply for Newborn (BotParents are on Visa in US) - Question on Address Proof

[vikky789]

Hi All,

we need to apply for OCI to our Newborn kid. Me and my wife are on Visa in Usa. wife is on dependent visa.
Question on Address Proof document. Electricity bill and Apartment Lease is on my Name. my wife name is not there in any of them except on her bank statement. Is one Parent address proof doc is enough for Minor OCI application? or do they need both parents address proof doc. can i just say or write on paper saying that my wife is staying with me in my apartment in case if they need both parents address? my wife and kid has india trip in next 3 months so don't have time. please let me know. Thanks.

[inadmissible]

Wouldn't it be easier to just get the baby an Indian passport through the consulate?

[vikky789]

Hi All,

we need to apply for OCI to our Newborn kid. Me and my wife are on Visa in Usa. wife is on dependent visa.
Question on Address Proof document. Electricity bill and Apartment Lease is on my Name. my wife name is not there in any of them except on her bank statement. Is one Parent address proof doc is enough for Minor OCI application? or do they need both parents address proof doc. can i just say or write on paper saying that my wife is staying with me in my apartment in case if they need both parents address? my wife and kid has india trip in next 3 months so don't have time. please let me know. Thanks.

Can any one answer

[miiki]

Wouldn't it be easier to just get the baby an Indian passport through the consulate?

They probably want to keep the child's US Citizenship.

[newacct]

Wouldn't it be easier to just get the baby an Indian passport through the consulate?

That would only work if the child does not intend to return to the US after the first time they leave, as it will be very difficult for a US citizen to travel to the US without a US passport (entering by land through Canada or Mexico would probably be the only ways), and getting a US passport would cause loss of Indian citizenship.

They probably want to keep the child's US Citizenship.

The child's US citizenship would be kept regardless. A young child cannot renounce US citizenship.

[vikky789]

Hi All,

we need to apply for OCI to our Newborn kid. Me and my wife are on Visa in Usa. wife is on dependent visa.
Question on Address Proof document. Electricity bill and Apartment Lease is on my Name. my wife name is not there in any of them except on her bank statement. Is one Parent address proof doc enough for Minor OCI application? or do they need both parents address proof doc. can i just say or write on paper saying that my wife is staying with me in my apartment in case if they need both parents address? my wife and kid have india trip so don't have time. please let me know. Thanks.

Should both parents has address proof doc for minor OCI application? my wife is not added in any of the bills. Isn't father address good enough?

[Liberty48]

One parent's address proof is enough

Hi All,

we need to apply for OCI to our Newborn kid. Me and my wife are on Visa in Usa. wife is on dependent visa.
Question on Address Proof document. Electricity bill and Apartment Lease is on my Name. my wife name is not there in any of them except on her bank statement. Is one Parent address proof doc is enough for Minor OCI application? or do they need both parents address proof doc. can i just say or write on paper saying that my wife is staying with me in my apartment in case if they need both parents address? my wife and kid has india trip in next 3 months so don't have time. please let me know. Thanks.

I attached electric bill that had only my wife's name for my kid's OCI and received OCI.

[SSAN]

That would only work if the child does not intend to return to the US after the first time they leave, as it will be very difficult for a US citizen to travel to the US without a US passport (entering by land through Canada or Mexico would probably be the only ways), and getting a US passport would cause loss of Indian citizenship.



The child's US citizenship would be kept regardless. A young child cannot renounce US citizenship.

Is this information mentions on any (US / India) immigration site? I am also looking to apply for Indian passport for my US born kids.

[inadmissible]

That would only work if the child does not intend to return to the US after the first time they leave, as it will be very difficult for a US citizen to travel to the US without a US passport (entering by land through Canada or Mexico would probably be the only ways), and getting a US passport would cause loss of Indian citizenship

I agree it would be difficult for the child to return to the United States without some day obtaining a US passport, but that option is always available them regardless of age

However, I disagree with the remark that obtaining a US passport would cause a loss of Indian citizenship, at least in this context of a child who acquired that US citizenship involuntarily. Sure, Article 9 of the Constitution proscribes a loss of Indian citizenship for anyone who voluntarily obtains the citizenship of another country. Also, section 20 of the Passport Act 1967 prohibits someone who isn't an Indian national (even one who has involuntarily lost his Indian citizenship by voluntarily acquiring another citizenship) from renewing/obtaining/using an Indian passport. However, these don't quite apply to a US-born child of Indian parents.

What is pertinent to an Indian dual-citizen minor is the conditional prohibition on multiple passports, section 13 of the Passport Rules 1980 (code of federal regulations implementing Passport Act statute of Congress)

A person holding a passport or travel document shall not be entitled to another passport or travel document unless he surrenders to the passport authority the passport or travel document already held by him: Provided that separate passports and travel documents may be issued to the same person in respect to different countries of different countries if it is necessary to so to do for facilitating his visits to such countries.

(This is the provision that under which various Indian nationals are granted official passports, diplomatic passports, and haj pilgrim travel documents despite such nationals already holding an ordinary passport)

It is permissible under Indian law for a dual-citizen child to have another passport as long as they do not also possess an Indian passport. Such a child can surrender an existing Indian passport then obtain another passport

Indian law specifies that such a child loses his Indian nationality if he doesn't renounce his other citizenship within 6 months of turning 18 years of age. However, this applies regardless whether they ever apply for a Indian passport or not, whether they ever apply for a foreign passport or not.

...

It is very easy for a US born child with an Indian passport to live in India as if he is Indian, as well as live in the United States at any time as if he is American;
It is quite difficult for anyone without an Indian passport to live in India as if he is Indian. OCI->IN'natz isn't really available until the child well past school age

[newacct]

However, I disagree with the remark that obtaining a US passport would cause a loss of Indian citizenship, at least in this context of a child who acquired that US citizenship involuntarily. Sure, Article 9 of the Constitution proscribes a loss of Indian citizenship for anyone who voluntarily obtains the citizenship of another country. Also, section 20 of the Passport Act 1967 prohibits someone who isn't an Indian national (even one who has involuntarily lost his Indian citizenship by voluntarily acquiring another citizenship) from renewing/obtaining/using an Indian passport. However, these don't quite apply to a US-born child of Indian parents.

This is based on the Citizenship Rules 2009, Schedule III, item 3: "3. The fact that a citizen of India has obtained on any date a passport from the Government of any other country shall be conclusive proof of his having voluntarily acquired the citizenship of that country before that date. " So even though, logically, the child having a US passport doesn't mean they acquired US citizenship voluntarily, it seems that Indian law will consider it to have been acquired voluntarily. At least that's my reading.