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Opinion needed: US born child for Indian parents.

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  • Opinion needed: US born child for Indian parents.

    Need suggestion from parents who are Indian citizens and their kids are US born. Please reply to me.

    My wife is expecting baby on Feb-2011. Both of us are Indian citizens and Indian passport holders. Our baby will be born in USA. Couple of points to clarify from parents who has similar situation:

    1. Is there a possibility to apply for Indian citizenship for my baby now only (I know at 18 yrs she will have the authority to choose USA or Indian citizenship)? Reason is we are planning to settle in India from next yr onwards and do not plan to come back to USA.
    2. If she applies for US passport now, I have seen in different forums that OCI cannot be applied if parents are Indian citizens. Is it true? Is there are exception to this?
    3. How much total time it takes to apply for SSN, Birth certificate, US Passport, PIO card?
    4. How much total time it takes to apply Indian passport (if it is a possibility)?
    5. Is this a way that we apply for US passport now (since I heard we can get within 2 weeks) and then once we go back to India, can we apply for Indian passport and citizenship for the baby?
    6. What are the disadvantages we will face in India if we have to settle there with US born child – like education, government jobs, etc?
    7. Can we apply PAN card for the child in India?
    8. Can the baby apply for different entrance exams after class 12?
    9. If incase we have to travel to USA for my project purpose, would US govt allow my baby to travel with Indian passport? Or I have to apply for baby’s US passport that time. If yes, then would my kid’s Indian passport will be void then?
    10. After 18 yrs, if baby chooses to keep Indian citizenship, can she choose to have USA citizenship at later point of time.
    11. Apart from SSN, US/ Indian Passport, PIO/ OCI Card, Birth cert; is there any other formality to complete before leaving USA.
    12. The days we will stay in USA in between her birth and before going back to India, do I need to have H4 visa for baby if I decline US citizenship now and get Indian passport for my baby.
    13. Is it feasible that now we will get her US passport and PIO and then after 7 yrs of stay in India we get her Indian citizenship? Is that an option?

    Please suggest me what are the pros and cons since we are worried now on whether to have US citizenship or Indian citizenship for our baby considering we will settle in India.
    Last edited by chakse; 12-01-2010, 01:51 AM. Reason: NA

  • #2
    There are plenty of threads on this forum with the answers to your questions.
    1. Yes. Just apply for an Indian Passport and do not apply for US passport.
    2. No OCI. Only PIO with US passport.
    3. Less than a month after birth everything can be taken care of except the PIO card which has a 3-6 weeks processing depending on the consulate.
    4. You can apply immediately after getting the Birth Certificate in a week.
    5. Nope. Once you get the US Pp, Indian PP will not be issued.
    6. NRI fees will apply even if you get Indian PP as most schools will ask for birth certificate.
    7. Isn't PAN only for income earning people? At least that is what I thoght. Never had one so can't comment on it.
    8. Really depends on the laws and provisions at that time.
    9. No. Has to apply for US PP as US DOS cannot issue a visa to a US Citizen by birth.
    10. No. Once they renounce US Citizenship, it will be difficult to get it again.
    11. None AFAIK.
    12. No. As far as US govt is concerned, the baby always is a US Citizen.
    13. Not possible.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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