Q.916 Indian Citizenship for US born Kids now holding US Passports

Hello Sir Both My kids were born in USA and currently hold US passports and have been living in India for the past 5 years. They came to India on PIO and 10 months back switched to OCI. They have lived in India for the past one year without a break. The Kids are 10 and 6 year old respectively. Kindly clarify If I can apply Indian Citizenship for My Kids and get Indian passports? IF yes, should they renounce their US Citizenship immediately or should they wait until they turn 18? Also, what is the Procedure to do the same. Thanks Answer: You cannot apply for Indian citizenship for your kids as you they have already received US passports. Children born in the USA to Indian citizens can opt for Indian citizenship and get an Indian passport only if: 1. They do NOT get an American passport 2. Register their birth at Indian consulates in a timely manner. Once a child gets a US passport they have to wait until they reach the age of majority to renounce their US citizenship. In some circumstances US may allow renunciation by a minor if they determine that the minor fully understands the implication of renouncing US citizenship and is not doing so only to accommodate the wishes of parents! I think age 6 and 10 would be considered to be a bit too young to understand the implications of renunciation of citizenship. US born children who do not opt for US passports and get Indian passports are required renounce US citizenship on reaching age 18, if they wish to continue to keep their Indian citizenship. See Question 912 for additional information >>
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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. © Copyright 2006 Nriinformation.com
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Q.916 Indian Citizenship for US

born Kids now holding US

Passports

Hello Sir Both My kids were born in USA and currently hold US passports and have been living in India for the past 5 years. They came to India on PIO and 10 months back switched to OCI. They have lived in India for the past one year without a break. The Kids are 10 and 6 year old respectively. Kindly clarify If I can apply Indian Citizenship for My Kids and get Indian passports? IF yes, should they renounce their US Citizenship immediately or should they wait until they turn 18? Also, what is the Procedure to do the same. Thanks Answer: You cannot apply for Indian citizenship for your kids as you they have already received US passports. Children born in the USA to Indian citizens can opt for Indian citizenship and get an Indian passport only if: 1. They do NOT get an American passport 2. Register their birth at Indian consulates in a timely manner. Once a child gets a US passport they have to wait until they reach the age of majority to renounce their US citizenship. In some circumstances US may allow renunciation by a minor if they determine that the minor fully understands the implication of renouncing US citizenship and is not doing so only to accommodate the wishes of parents! I think age 6 and 10 would be considered to be a bit too young to understand the implications of renunciation of citizenship. US born children who do not opt for US passports and get Indian passports are required renounce US citizenship on reaching age 18, if they wish to continue to keep their Indian citizenship. See Question 912 for additional information >>
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