Q.838 US born child in India with

Indian passport. Return to USA to

study

Question: I have following information for you, based on this what best advice you can give to get the solution I was in united states from 1991 to 1995 on J1 visa as Research Associate in US university with my family. During our stay in US my son is born in 1994, where we received birth certificate and SSN. I added my sons name in his Mothers passport from Indian consulate and based on this after my work completion in mid 1995 we came back to india. my son completed his schooling and college and wants to go US for higher studies. However he has now received Indian passport which mentions his citizenship as India as parents are being Indian citizen. pl advice whether he will require US visa or he can be treated as US citizen? if so what procedures needs to be followed. We have not done any procedure so far . your feedback and advice is appreciated Satish [January 17, 2016] Answer: Under United States law, U.S. citizenship is automatically granted to any person born in the United States. Citizenship by naturalization and citizenship by birth are two different things. Your son, as he was born in the United States continues to be a U.S. citizen by virtue of the 14th Amendment of the U.S. Constitution until he formally renounces his US citizenship. Since 1995 when you left USA and returned to India with your U.S. born child, things have changed considerably. • Minor children’s names can no longer be added to a parent’s passport. • In 1995 not many non-resident Indians had heard of the requirement of ‘Renunciation of Indian citizenship’ when they acquired foreign citizenship. Now Indian Consulates generally will not provide any consular service to former Indian citizens without seeing proof of renunciation. You have asked for feedback so here are some points that come to mind after reading your email. • U.S. visa is not for U.S citizens. As a citizen he does not need a U.S. Visa but a US Passport to enter the United States. o Place of birth information such as city & country of birth are questions asked on US Visa application forms. I believe as soon as the US consulate finds out your son was born in the United States they would not issue a visa to their own citizen. • To apply for a US Visa your son would have to first renounce his US Citizenship at the US Consulate. o Renunciation of US citizenship fee charged at US consulates in case your interested, is currently US$2,350 or almost 1.58 lakh Rupees. [was only $450 in 2014] • Your son could apply for a US passport based on his birth certificate. o Passport fee is US$110 at present. o If he plans to return to USA for higher education, U.S. citizenship may turn out to be of advantage to some extent as far as educational fees in the U.S. are concerned.

Leaving India with new U.S passport.

• In case your son opts to get a US passport, he would need an exit visa from the Indian authorities. This is because when leaving India, Immigration officer will look for the entry stamp on the passport before they stamp the exit on the passport. • Since India does not allow dual citizenship, in case the authorities realize that your son has an Indian passport, your son will have to renounce Indian citizenship and get his Indian passport canceled. Additional information: See question/answer #520 titled ‘ US born child living in India cannot get a US Visa . . .’