Q725. USA born child traveling to India passport . . .
Question: Hi Mr. Virendar,
I read the information in http://nriinformation.com/nri_questions5/faqpage133.htm and found it really useful.
My husband is on a H1B visa and I am on a H4 visa. We are both indian citizens.
We are expecting a child and are planning on applying for an indian passport.
However, we will need to travel with the child to India and back to US, since my husband is on assignment in New York.
Q1. If we apply for an Indian passport for our baby, what visa will she require to travel to India? Is US birth certificate enough?
Q2. Will she be considered an Indian citizen once she has an Indian passport?
Q3. If we have to bring our baby back to US, will we need to apply for a US passport for her and give up her indian citizenship?
Q4. If we don't bring her back to US and retain her Indian passport, will she be able to choose if she wants a US CITIZENSHIP
once she becomes 18 years old?
Thanks,
Valerie Rodrigues
Answer: Regarding your questions:
1.
If you apply for an Indian passport for your USA born child, then your child will not require a visa to travel to India as she
would hold an Indian passport.
2.
Once your child has an Indian passport, all benefits associated with Indian citizenship will be available to the child.
3.
If your baby travels to India on an Indian passport, then to return to USA, she would require a visa, this becomes a
problem as US government will not issue a visa to one of their own citizens. Every person born in the United States is a
citizen of the United States and the only way to give up US citizenship is the renounce it. Babies cannot renounce their
citizenship until age of majority. The only way to return would perhaps be to get a US passport, unless you can convince
the US consulate in India to issue a entry visa which may not be as easy as it sounds.
4.
Yes. On reaching age of majority, your daughter can decide to give up Indian citizenship and opt for a US passport.
Generally the US would always consider anyone born in USA to be a US citizen until they voluntarily renounce US
citizenship. Keep your child’s birth certificate safe!
Note: Since the PIO card now has a lifelong validity, in the event you decide to get a US passport for your child, getting a PIO
card might be an option for you to explore.
Disclaimer: Information provided is for general knowledge only and should not be deemed to be professional advice. For professional advice kindly consult a professional
accountant, immigration advisor or the Indian consulate. Rules and regulations do change from time to time. Please note that in case of any variation between what has been
stated on this website and the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail.
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