US Born Child to H1B Indian Parents

[ankit_jain]

I hope someone can answer this query.

I am on H1B visa and my wife on H4 dependent visa staying in Chicago.
My wife is pregnant and we had few concerns for the child being born in US.

1) After the child's birth, we will be moving back to India. So will the child be treated as an NRI or Indian citizen ?
2) I read in the forums that we shouldn't get US passport, instead get Indian Passport. Is this correct ? Does the child still have the right to choose after 18 yrs which citizenship he/she needs ?
3) We will have to book a flight ticket for the new born child. So without US passport can he still travel ? Do I have to apply for Indian Passport for the child while in US and then travel to India ? If yes then only Indian Passport is enough or do I have to take some Visa as well for the child ?

Would really appreciate any help!

[ankit_jain]

Anybody any light on the posted query ?

[newacct]

1) After the child's birth, we will be moving back to India. So will the child be treated as an NRI or Indian citizen ?

It's your choice. Under Indian law, the child is an Indian citizen if registered within 1 year of birth at an Indian consulate, with you declaring that the child does not hold a foreign passport.

2) I read in the forums that we shouldn't get US passport, instead get Indian Passport. Is this correct ? Does the child still have the right to choose after 18 yrs which citizenship he/she needs ?

As above, the child is an Indian citizen if you choose to register him/her. Under Indian law, an Indian citizen by descent will lose Indian citizenship if they do not renounce their other nationalities by 6 months after the age of majority.

As your child is a US citizen, he/she is required by US law to enter the US with a US passport. (There are some exceptions where US citizen children entering by land don't need a US passport, but I am assuming you probably won't be entering by land every time.) Indian citizenship rules presume that someone with a foreign passport has voluntarily acquired a foreign nationality, and thus will automatically cause loss of Indian citizenship. So basically, your child cannot come back to the US or they will have to lose Indian citizenship.

3) We will have to book a flight ticket for the new born child. So without US passport can he still travel ? Do I have to apply for Indian Passport for the child while in US and then travel to India ? If yes then only Indian Passport is enough or do I have to take some Visa as well for the child ?

The child will need some passport to enter the destination country (India). The US has no exit checks, and anyone can leave the US at any time as long as they can enter the destination country.

[galdin_lam]

Same situaton..

Ankit, Am on the same situation?? Were you able to apply for Indian passport finally?

I hope someone can answer this query.

I am on H1B visa and my wife on H4 dependent visa staying in Chicago.
My wife is pregnant and we had few concerns for the child being born in US.

1) After the child's birth, we will be moving back to India. So will the child be treated as an NRI or Indian citizen ?
2) I read in the forums that we shouldn't get US passport, instead get Indian Passport. Is this correct ? Does the child still have the right to choose after 18 yrs which citizenship he/she needs ?
3) We will have to book a flight ticket for the new born child. So without US passport can he still travel ? Do I have to apply for Indian Passport for the child while in US and then travel to India ? If yes then only Indian Passport is enough or do I have to take some Visa as well for the child ?

Would really appreciate any help!

[ankit_jain]

Ankit, Am on the same situation?? Were you able to apply for Indian passport finally?

I applied for US passport and took Indian Visa and traveled to India with my kid.

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Hi Ankit - Indian Visa means you had applied for OCI Card?
i will be in same boat later this year 2021' and next year 2022' i will be returning back to india and don't know whether i will return USA on other visa category in near future. I need to ask: If i apply for Indian passport for my USA born Kid and move back to India, Can my kid return to USA on any other dependent visa category say L2/H4?
I have checked on some forums and people said that if Kid is USA Born and holding Indian Passport then kid can't reenter USA until he/she turn 18Years of age?