Passport for New born child for Indian parents in USA

[arunchennai]

I am in L1 A visa. My wife is in L2 visa.
Our first daughter born in India & she too have L2 visa. We all are in USA for last 2.5 years. We have applied for Green Card through my corporate in EB1 category. May get the GC in 1 year.

My wife is giving birth to our second daughter in USA in Sep 2017. Could you please clarify my below queries with respect to citizenship of my expectant second
daughter.

Case 1:
My second daughter is getting born in USA, getting a US passport + OCI Card for India entries. If I settle back in India after 2-3 years from USA,

i) Can my second daughter apply for Indian passport by renouncing the US passport even before her 18 years of age ? or do she need to wait till her 18 years of age

for applying Indian passport in India as NRI paying higher educational fees.
ii) What are the other drawbacks (like applying for Indian government institutions, etc) if she is in India with US passport + OCI Card ?

Case 2:
If my new born second daughter is getting an Indian passport at Indian Consulate, USA after getting born in USA,

i) should she apply for a US L2 visa ? Will the US government issue US visa for a child born in USA with an Indian passport ?
ii) If she settle back in India after 2-3 years in USA with an Indian passport, should she get a US visa to return back to USA if required ? Please clarify.


General query:
Which card (OCI or PIO) should I take for a US born Indian child if she is applying for a US passport?

[newacct]

I am in L1 A visa. My wife is in L2 visa.
Our first daughter born in India & she too have L2 visa. We all are in USA for last 2.5 years. We have applied for Green Card through my corporate in EB1 category. May get the GC in 1 year.

My wife is giving birth to our second daughter in USA in Sep 2017. Could you please clarify my below queries with respect to citizenship of my expectant second
daughter.

Case 1:
My second daughter is getting born in USA, getting a US passport + OCI Card for India entries. If I settle back in India after 2-3 years from USA,

i) Can my second daughter apply for Indian passport by renouncing the US passport even before her 18 years of age ? or do she need to wait till her 18 years of age

A young child cannot renounce US citizenship, because it is assumed they do not have the maturity and understanding to make the decision voluntary, and it is assumed they are acting under the influence of a parent so it is not voluntary. She does not need to be 18, but US policy generally regards children under 16 as unable to have the maturity to renounce voluntarily. Even if she is old enough, they will need to make the determination that she is not acting under someone else's influence before they will let her renounce.

for applying Indian passport in India as NRI paying higher educational fees.
ii) What are the other drawbacks (like applying for Indian government institutions, etc) if she is in India with US passport + OCI Card ?

I don't know.

Case 2:
If my new born second daughter is getting an Indian passport at Indian Consulate, USA after getting born in USA,

i) should she apply for a US L2 visa ? Will the US government issue US visa for a child born in USA with an Indian passport ?

No, as she is born in the US, she is automatically and involuntarily a US citizen at birth. A US citizen cannot get a US visa or get a US nonimmigrant status.

ii) If she settle back in India after 2-3 years in USA with an Indian passport, should she get a US visa to return back to USA if required ? Please clarify.

No, again, as she is a US citizen, she cannot get a US visa. She can only get a US passport to go back to the US (which will cause loss of Indian citizenship). Or maybe she can try to fly to Canada or Mexico and cross into the US by land with her US birth certificate without a US passport.

[arunchennai]

Thank You for your kind comments.