Q713. Need Advice | Pros & cons

of returning to India from USA . . .

Question: Re: Need Advice To answer to your question , I was on L1 from 2011 till this November , continuing on same role and place on H1B.Before that I was in UK on work permit for ~3 yrs. One more request. For each point below can you say YES/NO ..I just want to be sure I have exact details before I take any decision. Thank you for your time !! Answer: Regarding your questions: • Indian Citizen Can represent country in any field? / Yes • Would place of birth be a problem ? Would he/she be treated as NRI ? / No o While some are of the opinion that only a natural born citizen of India should be eligible to hold office of President, Vice President and Prime Minister. This is not currently the law. A controversy was raised several years back at the prospect of Sonia Gandhi becoming the Prime Minister of India keeping in mind that she was not born in India and had acquired Indian citizenship. The Indian Constitution would need to be amended to enforce such a rule. Currently the requirement for such posts is to be an Indian citizen regardless of how Indian citizenship was obtained. So the place of birth of your daughter should not be a problem should you decide to return to India. • Cannot travel to US as US will not issue a VISA (as he/she is a US citizen by birth) until he takes up US citizenship/passport, I am assuming he/she can travel to any other country. / Yes* o * Any child who is born in USA has a claim to U.S. citizenship. according to USA rules, those who have a claim to U.S. citizenship must enter and depart the United States on a valid U.S. passport. They are not supposed to enter the United States on a foreign passport with a visa, or visa free under the Visa Waiver Program. US government will not issue a visa to one of their own citizen’s • Usual schooling fees (no NRI quota as such ?) / Yes | Would he/she be treated as NRI ? / No • Can take-up US citizenship at the of 18 if he/she wants to. / Yes&No see below: o *Unless US citizenship is formally renounced, US born persons remain US citizens. So technically while your baby may hold an Indian passport and not have a US passport, as far as the United States is concerned your baby will always be a US citizen. On reaching the age of majority, then the child can renounce US citizenship or get a US passport in which case Indian citizenship will have to be renounced. Even though USA allows dual citizenship, India does not. • With US passport , Kid is US citizen / Is US citizen even without US passport. Read the previous paragraph* • India Schooling wherever applicable would be under NRI quota. / No. Holding Indian passport and living in India makes the person a resident, not NRI. • Cannot represent India in any field as he/she is US citizen / Yes o With OCI visa can do almost anything , however some restrictions do apply, such as not being allowed to vote in Indian elections or hold political office etc. • Cannot take-up any government job as he/she is US citizen / Yes • Enjoy access to multiple countries / Yes Since baby would travel with Indian passport. US passport holders are allowed visa free entry to many countries.