Q.888 US born baby to Indian

Parents returning to India . . .

Hello Mr Chand, I am an Indian Citizen on F1 working in a company in Phoenix, Arizona living with my wife. we are expecting a baby in a month or two from now. I am confused as different forums are giving different info. Kindly clarify my questions below. 1. I am trying to get my H1 through my company and if not, I might go back to India in a year. But the child will be born in US. He is a natural US citizen and if I apply a US passport and take an OCI for him, can he move back to India with us and study there without any issues? 2. How does this scenario affect his schooling fees. 3. At 18, ,if he wishes, can he become a US citizen then? Also, are there any problems of having an OCI and staying/studying in India for that long? 4. If he decides to forego the US citizen ship, can he abandon his US citizenship and apply for a new Indian passport? Please let me know the advantages and disadvantages of US/Indian passport for a US born baby. Thanks, Pavan. Answer: Regarding your questions: 1. Yes, you can apply for a US passport for your newborn child, get OCI and child can study in India. 2. School fee in India for US born children is discussed in an article titled ‘School Fee in India for OCI and NRI Children’ to view article visit: http://nriinformation.com/articles4/schools _india.htm 3. Since you plan on taking your child to India after getting a US passport and OCI. The question of becoming a US citizen at age 18 does not arise as the child would already have a US passport and be a natural born US citizen living in India on the basis of OCI. Overseas Citizen of India (OCI) is a lifelong visa so length of stay in India should not be a problem. 4. You can apply for a Indian passport when returning to India for your child only if you decide not to apply for a US passport. Then once the child reaches age of maturity, decide whether to renounce US citizenship and continue as Indian citizen or apply for a US passport. A US born child is always considered to be a US citizen until US citizenship is renounced, since a child cannot renounce US citizenship, on reaching age of majority they can decide to opt for either US or Indian citizenship. If Indian citizenship is the choice then US citizenship must be renounced as dual citizenship is not allowed. Do not confuse OCI with dual citizenship, it is simply a lifelong visa available to foreigners of Indian origin. Advantages & disadvantages of US/Indian passport for a US born baby is discussed in a separate article on this website, see question/answer number 453.