US Visa to US Born child to Indian parents

[piyushmehta]

Hello All,
My wife is about to deliver a baby in USA. We both are Indian. I read many blogs and came to know that baby can have Indian Passport if I won't get his US Passport or I can get his PIO card and we can accept Indian citizenship after 18 years. I have two questions -

1. If we get Indian passport from Indian consulate in USA, Will baby get USA Visa?
2. If we get USA Passport and PIO Card now and if after his 18 years of age we accept his Indian Citizenship. Can he get USA Visa to travel to USA? or He will never able to visit USA?

Any help is highly appreciated.

-Piyush

[cafeconleche]

The baby will NOT get a US visa because the baby is and will remain a US citizen until he decides when he turns 18 whether he wants to remain a US citizen or not. You have no choice but to get him a US passport and an Indian visa, PIO or OCI. When he turns 18, he can choose to renounce US citizenship and get Indian citizenship in India, after which he will have to qualify for a US visa just like all non-citizens. The fact that he renounced US citizenship will most likely be a good indication that he is does not have immigrant intent.

Many register the child at the Indian embassy or consulate, get it a passport, and then get a US passport. This is illegal, but you might not get caught. You can fly to India, where the child will most likely be treated as an Indian citizen, and as long as he goes abroad via a third country where both Indians and Americans don't need a visa, he could get away with it. This is NOT AT ALL RECOMMENDED.

[chika25]

PIO QUERY my l1-b visa expired but have valid i-94...

The baby will NOT get a US visa because the baby is and will remain a US citizen until he decides when he turns 18 whether he wants to remain a US citizen or not. You have no choice but to get him a US passport and an Indian visa, PIO or OCI. When he turns 18, he can choose to renounce US citizenship and get Indian citizenship in India, after which he will have to qualify for a US visa just like all non-citizens. The fact that he renounced US citizenship will most likely be a good indication that he is does not have immigrant intent.

Many register the child at the Indian embassy or consulate, get it a passport, and then get a US passport. This is illegal, but you might not get caught. You can fly to India, where the child will most likely be treated as an Indian citizen, and as long as he goes abroad via a third country where both Indians and Americans don't need a visa, he could get away with it. This is NOT AT ALL RECOMMENDED.

Here's a link to a similar discussion: http://forums.immigration.com/showth...this-situation

Hi admin,

is it mandatory to have valid visa status to get PIO for india or valid i-94 or work permit should be good please clarify?

thanks