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  • Child born in US/Indian rights

    Enquiry is about our baby yet to be born and his/her citizenship. We both (me & my wife) are Indian citizens and expecting our first child in December this year. We are planning to move back to India in next 2 or 3 years for good.
    Our objective is to get the baby an Indian citizenship or would like him/her to have the same right that of a normal India-born citizen if he/she is born in US.

    If our child is born in USA and gets a US passport,

    1. Will he be able to get Indian citizenship when we move back to India in next 2-3 years? I read in Immihelp that after 7 years of residency In India based on PIO, baby can get the Indian citizenship. Is it correct or will he have to wait till he turns 18 to apply for Indian citizenship?

    2. If anytime in future he gets Indian citizenship, will he have the same rights/facilities as that of an India-born citizen? Like voting rights, running for public office, joining the Indian public services/government/defense jobs.

    Thanks,
    Jamis
    Last edited by jamis; 07-03-2011, 06:07 PM.

  • #2
    If you want Indian citizenship for your US born child, then why go through PIO stuff. Just register him at the nearest Indian Embassy and have them issue him an Indian passport. When he turns 18, he will have to chose one of the two citizenships. Until then he can enjoy both. But if you get him a PIO card along with US citizenship, he will have to pay international student fee in India and won't hold the same rights as an Indian citizen.
    or you can renounce your child's US citizenship as you'd be the parent.
    Last edited by speakamericano; 07-03-2011, 06:22 PM.

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    • #3
      Child born in US/Indian citizenship

      Hi,

      Based on my consultation with an US Immigartion lawyer, my understanding is

      A child born in US of Indian parents,
      • Can apply for Indian passport and citizenship in Indian consulates in US, if US passport is not applied for the chid.
      • Based on US birth certificate and Indian passport, the child can get a dependant visa in a US consulate if the parents have the workvisa like H1 or L1. For example H1-B parent can apply for H4 for the child in one of the US consulate in India.


      Please comment on my understanding.

      Thanks,
      Jam
      Last edited by jamis; 07-12-2011, 01:38 PM.

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