264. Renounce US Citizenship to acquire Indian Citizenship
Q: Sir,
I am an Indian and my wife is a US citizen with an OCI card. In 2006 my kids (minors then and are still minors) migrated to the US and
applied for a US passport and were given a US passport. Since things did not work out for them well in the US they returned to India
immediately after getting their US Passport , on their return to India, they applied for an OCI card which have had since
then.
I am now keen that they revert to being an Indian citizen and carry an Indian Passport. What would be the procedure ??
Best Regards,
Sachin
A. To reclaim Indian Citizenship, the first step would be the renunciation of US citizenship.
To renounce US citizenship, signing an oath of renunciation is required and the person has to appear in person before a US
consular officer. In India this would be at the US Embassy.
Parents cannot renounce U.S. citizenship on behalf of their minor children.
A person under the age of eighteen must convince a U.S. diplomatic or consular officer that he/she:
fully understands the nature and consequences of the oath of renunciation, and
Is not subject to duress or undue influence, and is voluntarily seeking to renounce his/her U.S. citizenship.
As per Section 351 (b) of the Immigration & Nationality Act, an applicant who renounced his or her U.S. citizenship before the
age of eighteen can have that citizenship reinstated if he or she makes that desire known to the Department of State within six
months after attaining the age of eighteen.
Rules and regulations change periodically so check with the US authorities just in case some rules have changed.
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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