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  • Passport For Us Born Baby -- Confusion

    Hi All,

    I need some help in terms of the following clarification. I read few of the thread which is not giving any conclusion for me. So I posted this thread. Please try to give me the information as much as possible.

    My daughter is born and she is two weeks old. I got the Birth Certificate. We have a plan to visit to INDIA at the end of the year. Both myself and my wife are INDIAN CITIZENS and am on H1B and my wife is on H4 visas.

    Here are the questions..

    1. What type of passport (INDIAN or US) is my daughter is eligible. If INDIAN PASSPORT then whom to approach? Please specify the exact details like url, email and contact details.

    2. What are the pros and cons of getting INDIAN passport

    3. What are the pros and cons of getting US passport

    4. If she is eligible for getting an INDIAN passport, how can I waive the US passport requirement.

    5. If my daughter is not eligible for INDIAN passport what needs to be done on this case.

    Please clarify the above details and greatly appreciated.

    Regards,
    Mohan.

  • #2
    Hai Rajkrish

    U can apply for USA passport. U can go to a post office here in USA and apply for the passport for ur child. U need to take a letter give in the hospital and ur passport and ur wifes passport and apply here. I think there are 2 options. if u pay more u will get the passport soon. if u pay less it will take more than 2 to 3 months. After getting the US passport go to the nearst Indian Embassy and apply for a PIO Card ( Person of Indian Origion ) for ur child. This card will be valid for 15years. So if ur child goes to india then it not be a problem if u have this card. And if u have PIO card ur child doesnt need any visa to travel to india.

    Some of my friends here have followed this procedure.

    Thanks & Regards

    Comment


    • #3
      Thanks Chowdary for your responsive reply.
      Does this mean I cannot apply for INDIAN Passport to get the benefit at INDIA for my daughter.

      Thanks and Regards,

      Comment


      • #4
        Originally posted by Rajkrish9
        Thanks Chowdary for your responsive reply.
        Does this mean I cannot apply for INDIAN Passport to get the benefit at INDIA for my daughter.

        Thanks and Regards,
        You can. Your Indian consulate can help you with that.

        The main problem is that the US will still consider the child a US citizen, so on future trips to the US, the US consulate will ask you to get the child a US passport and then Indian authorities would cancel the Indian passport. For details about that issue, see this other thread:



        Hope this helps,

        Tamtom

        Comment


        • #5
          Thanks Tamtom for your reply.

          Here is what I am getting confused again. I called the INDIAN Consulate, NEWYORK/WASHINGTON DC OFFICE and they said that I cannot get the INDIAN PASSPORT due to both the parents are INDIAN CITIZEN. Self is on H1B and my wife is on H4 Status. What they recommended is get the US passport and apply for PIO for my daughter.

          In the whole thread people got the INDIAN PASSPORT for the US born Kid and they successfully had the trip of US-INDIA-US. At the time of return the immigration officer says the need of US PASSPORT for the US born baby. All are fine. But the question arise to me is both the parents are INDIAN CITIZEN? -- This is the catchy point here. This is what I am more interested to know in micro level details.

          I don't need the name of the person.. Atleast I am interested to know which INDIAN CONSULATE has provided the INDIAN PASSPORT for the US born kid and both the parents are INDIAN CITIZEN. i.e., either both of them are on H1 or one H1 and H4 combination.

          What is the approach been taken.. In terms of form name for this criteria.
          What exactly we need to say to the consulate if at all I am not made the INDIAN consulate people to understand what I need. I would like to educate myself in this so as to achieve the objective.

          This what I am more interested to know.

          The below information is very clear in this url. Details are:



          My baby was born in America and I have his/her birth certificate. He/She also has an Indian passport and I have taken an appointment for him/her. Is this okay?

          No. U.S. law considers anyone born in the United States to be a U.S. Citizen and may not be issued a U.S. visa. If you are seeking assistance for the American born child, please enter the Consulate from the Cathedral Road entrance to go to the American Citizens Services Unit (ACS). Your child needs to get an American passport and will enter the U.S. on that document not the Indian passport.


          Please enlighten my query and it would be nice to have with micro level details.

          Thanks and Regards,

          Comment


          • #6
            Check this out. It clearly says you can apply for a child who was born for indian citizens
            http://www.cgisf.org/visa/indian_services.html#pptchild

            I think follks at the other consulate just gave you a suggestion of getting US passport considering all the hassles mentioned in the other thread.

            This is extensively discussed in the other thread. I do not think you would get any more information than that.

            Personally I would just get the US passport and OCI for the child. If you have plans of going to India for good(in the near future) may be you can try getting the indian passport. But until then whenever you travel out of the country, there is always an issue of getting stopped for not having the US passport for your child.

            Comment


            • #7
              Originally posted by Rajkrish9
              Thanks Tamtom for your reply.

              Here is what I am getting confused again. I called the INDIAN Consulate, NEWYORK/WASHINGTON DC OFFICE and they said that I cannot get the INDIAN PASSPORT due to both the parents are INDIAN CITIZEN. Self is on H1B and my wife is on H4 Status. What they recommended is get the US passport and apply for PIO for my daughter.
              Absolutely wrong. You cannot get OCI for the child, but you CAN get the Indian passport. We now know lots of people who have done it (thanks, forum)!

              Originally posted by Rajkrish9
              In the whole thread people got the INDIAN PASSPORT for the US born Kid and they successfully had the trip of US-INDIA-US. At the time of return the immigration officer says the need of US PASSPORT for the US born baby. All are fine. But the question arise to me is both the parents are INDIAN CITIZEN? -- This is the catchy point here. This is what I am more interested to know in micro level details.
              Yes, we know cases where both parents are Indian citizens, and the child got an Indian passport. But as we discussed in the other thread, it might be hard to keep the Indian passport if the child needs to make another trip to the US.

              Originally posted by Rajkrish9
              I don't need the name of the person.. Atleast I am interested to know which INDIAN CONSULATE has provided the INDIAN PASSPORT for the US born kid and both the parents are INDIAN CITIZEN. i.e., either both of them are on H1 or one H1 and H4 combination.
              As far as I know, all consulates in the US follow the same rule. In fact, the idea that some consulate could create its own non-standard rule is astounding - although we have heard that the one in Toronto, Canada is refusing to issue Indian passports to Canadian-born children....

              What is the approach been taken.. In terms of form name for this criteria.
              What exactly we need to say to the consulate if at all I am not made the INDIAN consulate people to understand what I need. I would like to educate myself in this so as to achieve the objective.

              This what I am more interested to know.
              Download the forms for passport application for child, fill them out, and submit them to your Indian consulate along with the supporting evidence (notarised copies of parents' passports, child's birth certificate, parents' no objection declaration, etc.) and pay the fee.

              Getting the Indian passport is the easy part. The hard part is making more trips to the US without losing it.

              Hope this helps,

              Tamtom

              Comment


              • #8
                sorry i thought parents were US citizens(I got mixed up reading two threads). Yes you can not get OCI for your child.

                Comment


                • #9
                  I too have similar question.

                  I have decided to get Indian passport for my US born daughter. I am on L-1 Visa.

                  1. Is this possible to get Indian passport?

                  2. If she gets Indian passport, is she still legal status here? based on the birth certificate?

                  3. Would US not stop us from leaving the country if we just carry her Indian passport and US birth certificate at the airport when leaving the country?

                  4. Can she get US passport any time in India? if needed?

                  I am aware that if we have to return to US, we will need to get US passport but I have no such plans at the moment.

                  Comment


                  • #10
                    1. Yes
                    2. Yes
                    3. No issues, no one will ask for BC even.
                    4. Yes, presenting her BC will be enough.

                    But once she goes to India that will be it she cannot go for vacations.

                    Comment


                    • #11
                      Originally posted by waitin_toolong
                      1. Yes
                      2. Yes
                      3. No issues, no one will ask for BC even.
                      4. Yes, presenting her BC will be enough.

                      But once she goes to India that will be it she cannot go for vacations.
                      For 3, will they not ask for I-94 or something like that? Can we just want out using the Indian passport?

                      Also regd your comment, she cannot go for vacations...can you please explain...isn't the indian passport valid to travel anywhere? As for going back to US, i understand that US will insist on US passport at that time...then we will probably get one at that time...but have no plans for now as we intend to stay in india

                      Comment


                      • #12
                        US passport

                        If we get US passport for new born and PIO card, and say the new born will stay in India for more than 15 years and then can he apply for Indian passport at that time?

                        Thanks,
                        SKV

                        Comment


                        • #13
                          harshalb,

                          You should bring the child's US birth certificate on departure from the US. When they ask for I-94, you show that and point out the child was US-born, and they understand the child does not need an I-94.

                          As for vacations, it's up to each country whether to give a visa in the child's Indian passport. For example, our daughter got a visa to Singapore in her Indian passport, and we know another family with the same case that also got the US-born child a visa to Singapore in the Indian passport. But it's true that the US won't give a visa because the child is a US citizen.

                          Hope this clarifies,

                          Tamtom

                          Originally posted by harshalb
                          For 3, will they not ask for I-94 or something like that? Can we just want out using the Indian passport?

                          Also regd your comment, she cannot go for vacations...can you please explain...isn't the indian passport valid to travel anywhere? As for going back to US, i understand that US will insist on US passport at that time...then we will probably get one at that time...but have no plans for now as we intend to stay in india

                          Comment


                          • #14
                            update

                            Originally posted by tamtom
                            harshalb,

                            You should bring the child's US birth certificate on departure from the US. When they ask for I-94, you show that and point out the child was US-born, and they understand the child does not need an I-94.

                            Tamtom
                            Tamtom and harshalb,
                            we had some problems with this. the lady at the Lufthansa check-in counter initially didn't accept this logic for my US-born baby and insited for I-94. When I told that her the baby is US-born and shown the birth certificate, she didn;t show any interest and said we must have either a US or German visa for transit in frankfurt. however, the german consulate ppl had told me that the baby can travel on US birth certificate. So, I had to convince her a lot and then she went in to check with some senior person inside. she came out and told me that they are allowing this time but next time they defnitely need a german visa on the baby's passport. so it looks like not all the ppl at the check-in counters are in sync. I had taken a copy of the communication with german consulate but the airlines ppl didn't even bothered to look at it. so better be prepared for it. may be, flying with Air-India would not have these problems I guess.
                            Last edited by pgowda; 07-07-2008, 09:52 PM.

                            Comment


                            • #15
                              Hi,

                              My son has Indian Passport and US Birth Certificate. We recently travelled to India. Now he is in India and planning to come back to USA.
                              I understand that he won't get US visa. So what is the options to travel back to USA on Indian Passport and US Birth Certificate. Do they allow it? Which Airline or Port of entry is preferred?

                              Thanks

                              Originally posted by pgowda View Post
                              Tamtom and harshalb,
                              we had some problems with this. the lady at the Lufthansa check-in counter initially didn't accept this logic for my US-born baby and insited for I-94. When I told that her the baby is US-born and shown the birth certificate, she didn;t show any interest and said we must have either a US or German visa for transit in frankfurt. however, the german consulate ppl had told me that the baby can travel on US birth certificate. So, I had to convince her a lot and then she went in to check with some senior person inside. she came out and told me that they are allowing this time but next time they defnitely need a german visa on the baby's passport. so it looks like not all the ppl at the check-in counters are in sync. I had taken a copy of the communication with german consulate but the airlines ppl didn't even bothered to look at it. so better be prepared for it. may be, flying with Air-India would not have these problems I guess.
                              -------------------------------------------------------------------------------------------------------------
                              - This is not a legal advice. Please consult your attorney for legal advice.

                              Comment

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