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  • US Born Child

    Hi,
    I am on a green card in the USA, my child was born in Oklahoma USA in March 2022. I need info on the following.

    1) If i apply for an Indian Passport, can my child travel to India without anyother document such as OCI card or a visit visa?
    2) Will she still be a US citizen if she gains a Indian Passport?
    3) Is it possible for her to reenter USA, with the Indian Passport and a US birth certificate?



  • #2
    1. yes
    2. yes
    3. No airline will board her on a flight to the US with those documents. If she gets to Canada or Mexico then she can enter the US by land with her US birth certificate.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3

      so if i apply for an indian passport for my child, she would be able to travel to india with that. but how will she be able to re enter the US. as she would be a us citizen, she would not be provided with any sort of visa to the US right? so what are the options

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      • #4
        To clarify #3, if you are a US citizen, you must enter the country as one even if you have dual citizenship. If you enter other than a land crossing from Canada or Mexico, it requires a passport.
        This isn't at the airline's discretion (I know newacct didn't mean it that way, but I didn't want you to misunderstand him).

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        • #5
          So how can she reenter usa with an indian passport. as with an Indian Passport she wont be able to hold a US Passport also simultaneoulsy right?
          Last edited by phibin; 04-22-2022, 09:46 PM.

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          • #6
            As a US citizen, she is entitled to get a US passport at any time, at any age. She will lose her Indian citizenship if she doesn't renounce her other citizenships by age 18.5. As to whether getting a US passport before age 18.5 might affect her Indian citizenship or Indian passport, I can't give you a good answer on that.

            Without getting a US passport, the only realistic ways for her to enter the US are by land from Canada or Mexico.

            This is my personal opinion and is not to be construed as legal advice.

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            • #7
              First, a few facts
              1. India doesn't allow dual citizenship. You can be an Indian citizen and carry an Indian passport.
              2. If an Indian gains citizenship in any other country, he/she has to renounce Indian citizenship before returning to India, or even get a visa or OCI.
              3. US-born person can always gain US citizenship.


              1) If i apply for an Indian Passport, can my child travel to India without anyother document such as OCI card or a visit visa?
              Yes, also carry a birth certificate and parental proof.

              2) Will she still be a US citizen if she gains a Indian Passport?
              Not really, she can claim US citizenship but had to renounce Indian citizenship. If travel involves an airline, they will ask for a passport or visa for the destination.

              3) Is it possible for her to reenter USA, with the Indian Passport and a US birth certificate?
              Yes, she has to apply for a US visa. Alternatively, she can enter through the land from Mexico or Canada before turning 16, but then you will reveal her Indian citizenship. Things will get complicated.

              Comment


              • #8
                Originally posted by Liberty48 View Post
                Not really, she can claim US citizenship but had to renounce Indian citizenship.
                This is wrong. Someone born in the US is automatically and involuntarily a US citizen at birth, under US law. There is nothing to "claim"; neither the child nor the parents have any choice.

                Originally posted by Liberty48 View Post
                Yes, she has to apply for a US visa.
                She cannot apply for a US visa because she is a US citizen. US consulates cannot issue a US visa to someone who's clearly a US citizen.

                This is my personal opinion and is not to be construed as legal advice.

                Comment

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