Q625. USA government will not

issue visa to one of their own

citizens!

Question: Hi Sir, I was reading you post here on the procedures to make US born child, a Indian citizen. Now if I get a indian Passport for the US born child, when and how can i get the valid US visa on top of indian passport to make the Child's US stay legal? http://nriinformation.com/nri_questions5/faqpage133. htm Regards, Shreyas Answer: Babies born within USA are automatically considered to be US. Citizens by virtue of the 14th Amendment of the US Constitution. So even if someone opts for a Indian passport for their baby, the child would be a US citizen as far as the child’s status in US is considered. As far as getting a valid US visa on the child’s Indian passport is concerned, The United States Govt would probably not issue a visa to one of their own citizens! If a US citizen wants a US visa, then first they would have to renounce their US citizenship and then apply for a US visa. As minor children cannot renounce citizenship, a child would have to wait till they reach the age of majority to renounce US citizenship. Consider the following situations for further clarification: 1. Indian Parents of a USA born child opt to get an Indian passport for their child and do not apply for their child’s US passport. 2. If such a child continues to live in the United States, the child’s status would be legal as under US law, the child is still a US citizen by birth. 3. Child is taken to India, travels on Indian passport and hence no Indian visa is required. 4. Child, before reaching the age of majority, wants to return to USA, suppose only for a visit. This is where a unique situation is created! o Since the child has an Indian passport, a visa is normally required to visit USA. However, as the child is still considered to be a US citizen, a US visa will not be issued! o Child is not of major age, so cannot renounce US citizenship. The only alternative in such a scenario in my opinion would be to apply for a US passport for the child. This would mean giving up Indian passport and citizenship as India does not allow dual citizenship.