Visa & Citizenship for US born baby

[ksr2008]

Please help me in knowing the information.

If a baby is born in US to Indian Citizenship parents, by law of US, baby is going to get US citizenship.

Now, how to get the baby's Indian citizenship. Don't minding to give up US citizenship for the baby as he is going study in India for rest of the years.
How about his studies till 12th class. Will all the public school will treat the baby as NRI?

Appreciate your reply. My concern here is for education for the baby, nothing else...

[karkri]

Get a PIO card for the baby. The baby won't be an NRI. He is neither non-resident nor an Indian. When living in India, he will be a resident foreigner of Indian Origin, having a PIO card.

I believe PIO's & OCI's are treated on par with NRI's in several matters.

[onlooker]

Please help me in knowing the information.

If a baby is born in US to Indian Citizenship parents, by law of US, baby is going to get US citizenship.

Now, how to get the baby's Indian citizenship. Don't minding to give up US citizenship for the baby as he is going study in India for rest of the years.
How about his studies till 12th class. Will all the public school will treat the baby as NRI?

Appreciate your reply. My concern here is for education for the baby, nothing else...

If you plan to get Indian Citizenship for your child, you need to go to your Indian Consulate register his/her birth as an Indian citizen and apply for an Indian passport. Parents will also need to sign a affidavict stating that the kid holds no other country's (i.e USA) passport (don't cheat, your kid might suffer the consequences). Once you do this, your child would be considered an Indian citizen by descend. NRI status (as far as I know) is determined by place and length of abode and not place of birth. So as long as the kid resides in India, he/she will be treated as a normal Indian citizen.

However by birth he/she is a US citizen. I assume that India would be okay with this as long as your child does not get any document suggesting that he/she has taken up the citizenship of the US (eg passport). I did read somewhere that such minors should revoke their right for the 2nd citizenship when they turn 18. I am not sure if this is true (anyway this is at the age of 18 so there is a lot of time left).

The immediate problem is, to exit or enter the US he/she would require a US passport. I think (not sure) the exit checks are not so strict (as it's the traveller's and flight personnel's headache). So a flight to India would be ok with an Indian passport. But there is this law in place and God forbid but if they don't let your kid exit you might've to surrender the Indian passport and get a US passport + visa/PIO for your kid.

Re-entry to US is very difficult (if not impossible) for US citizens without a US passport. This is because US counsulates will not issue visas on foreign passports of persons born in US and will ask the person to apply for a US passport. The US doesn't care if the kids hold an Indian passport but unfortunately the viceversa isn't true. So if you get a US passport you need to surrender the Indian passport and get a visa/PIO card for your kid (in order to stay in India).

All this is based on research, you might however want to verify this with the respective competent authorities