US Born Child - Indian Passport

[mk26]

You only have one choice, either take US passport or Indian Passport, if you choose Indian passport then your will be somthing like yourself, which means he will need visa to enter US

On the other hand if you choose to take US passport then child considered as US citizen and needs Indian visa(PIO/OCI) to go to india..I am not sure how easy it will be for your child to get Indian passport in future.
In my case I chose to take US passport for my child ,even if I go back to India, my child will have PIO/OCI and can live in india and anytime can come to US.
So its all depends on you , but for sure you can't have two passport at the same time..that illeagal.

[ivgclive]

Originally Posted by vishwak

Hey ivgclive,

Do they have plans to change rules for US born babies (If parents are not US Citizens)....can you post any links please.

Once the 14th amendment looked like a ROCK and difficult to make s change.

But growing number of "top" heads against immigration population slowly started shaking it.

Now it looks like "not an impossible task" also they propagate as it has been "misunderstood (interpreted incorrectly)" and 14th AMD does not say all us born babies are us citizens.

Links, thousands in google. Search for "change 14th amendment us born babies" etc.

[frostrated]

Originally Posted by veni001

As a parent you can make a choice to apply for which passport for the child but you can not make a decision on his/her citizenship right. If the child is born is US he/she is US Citizen by birth and no US consulate will issue a VISA until he/she relinquishes once they turn 18. That's why Form DS-160(VISA application) ask for place of birth.

Bottom line: If some one is leaving for good to IND and want to apply for IND passport for their new born that's fine,unless otherwise applied for US passport for the child he/she can hold IND citizenship based on parents. But one can not travel back to US with IND passport until he/she turns 18 and makes a decision on US citizen ship. Unless any changes to 14th amendment one can not take away his/her child's birth right period.

If the child is born is US he/she is US Citizen by birth and no US consulate will issue a VISA until he/she relinquishes once they turn 18. That's why Form DS-160(VISA application) ask for place of birth.
When a child is born in the US, they do not automatically become US citizens. They have a choice if their parent(s) hold other citizenship. If the parent(s) choose to apply for citizenship of the country they hold passports to, then the child gets that citizenship and loses US citizenship. In the future, if the child wants US citizenship, the child will belong to the ROW quota. My cousins went through this process and so I know. Their parents came and settled here about 30+ years ago, and my cousins were born here. Even to this day, not all of them have US passports. Some of them still hold Indian passports as they have agri property.

[frostrated]

Originally Posted by ivgclive

Once the 14th amendment looked like a ROCK and difficult to make s change.

But growing number of "top" heads against immigration population slowly started shaking it.

Now it looks like "not an impossible task" also they propagate as it has been "misunderstood" and 14th AMD does not say all us born babies are us citizens.

Links, thousands in google. Search for "change 14th amendment us born babies" etc.

The 14th ammendment will not change. This is all election hoopla. Even if the congress changes the law, it has to be ratified by 3/4th of the states. What was very hot until a few weeks ago, is no longer in the news. American media has a very short attention span, and they will forget very soon. Yesterday the news was the 14th ammendment, today it is the mosque, and tomorrow it is going to be something totally different.

[veni001]

If the child is born is US he/she is US Citizen by birth and no US consulate will issue a VISA until he/she relinquishes once they turn 18. That's why Form DS-160(VISA application) ask for place of birth.[/i]
When a child is born in the US, they do not automatically become US citizens.

Who said that

They have a choice if their parent(s) hold other citizenship. If the parent(s) choose to apply for citizenship of the country they hold passports to, then the child gets that citizenship and loses US citizenship.

The child will not lose US citizenship right period, can get a US passport next day if applied.

In the future, if the child wants US citizenship, the child will belong to the ROW quota.

This is applicable only after relinquished their Citizenship and want to come back to US after that.

My cousins went through this process and so I know. Their parents came and settled here about 30+ years ago, and my cousins were born here. Even to this day, not all of them have US passports. Some of them still hold Indian passports as they have agri property.

[yomaan]

Well If you are American citizen (born ?) Indian embassy will not give you a passport.
As you need to provide your birth certificate there . I am sure indian embassy in US knows about 14th amendment.


in lighter vain .....
To those who suggest PIO card, do remember.
If you go back you kids once they are 15-16 will want to come to their "homeland" for under grad studies and ultimately settle here (It is easier to assimilate then in your thirties ).
So if your kids are born here and you do not want to live/die alone in your old age.Shelve your plans to go back ;-)

[Indylogic]

It seems there are multiple views on this topic with no one having the real expereince of actually going through it

My view is
1) A child born in US cannot lose US citizenship no matter what his/her parents want. My child will be a US citizen till the age of 18.
2) Indian government can believe that by applying Indian passport, the baby will cease to be a US citizen. This is a wrong assumption.
3) A US citizen can not leave US borders without having a passport (and if I take my baby out, i might get into trouble.)
4) Indian government would not allow me to get a US passport with the Indian passport although I can apply for a US passport any time and then apply for cancellation of Indian passport subsequently.

If I go by Indian consulate's direction, i can potentially get into trouble (point 3 above).v

Then why is Indian government allowing this service of allowing Indian parents to get Indian passport for their kid.

I am not trying to debate on which status is more comfortable to travel/ live in India/live in USA. I am trying to see if there is a legal issue in actually getting an Indian passport for the kid.

BTW - I think i will be in India very soon for good. My kid would most probably be growing in India throughout and I think it is a good idea to have get Indian citizenship.

Thanks once again everyone for opening up all the sides of the issue.

[shankha]

hi Indylogic,

Can you please let me know whether finally you are able to leave the USA without any hassle in the airport and reached India safely? I am assuming that finally you did India passport for your child.

[AR-Razorback]

Your son is a US citizen by birthright. Any time he would like he can request to the Department of State a Passport, or a Citizenship certificate (rarely used) to verify this, however for most practical cases persons born in the US are considered citizens and a Birth Certificate serves as sufficient evidence of citizenship.
While citizenship confers a right to be issued a passport, a passport does not grant citizenship to its bearer, it just gives indisputable evidence of his citizenship. Most US citizens will never request or be issued a passport, as this is only a travel document.

However, as an american citizen, he is bound by the laws of this country. Even if you hold dual citizenship, let's say american/south african, you cannot claim to be South African while in the US, and try to: evade taxes, evade drafts, claim consular protection, etc. as the US will only recognize you as a citizen and not a foreigner. Leaving or entering the US should be done on an American passport. And YES you can get into trouble, if you get involved with this.

Most countries allow the children of their citizens born abroad to be granted citizenship, if their parents apply for it. Some will require to renounce to the prior citizenship in order to get theirs, (Germany, India, Japan). However most countries, do not recognize the relinquishment of their citizenship, when it is done before a foreign authority.

You can have both passports issued to him, as US will not enforce a renunciation of it's citizenship to a foreign power, in this case India. And the US will not go and tell on your citizenship status to every other nation, and the indian government has no way to limit the US in extending you a passport (of course they can always take it from you).

I would recommend to follow the law, get him a us passport, leave the US, and then apply for an Indian one.