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  • Indian Parents and US born babies

    I am blessed with a baby boy during the end of 2007. He was born in Houston, TX. Now the concern is our return journey back to the base, India.
    I am working on H1. My wife is on H4. We do not have any intention to settle / stay back here permanently.

    I have got my son's birth certificate. I haven;t applied his passport.

    1. Can we get an Indian passport for the baby while he is in the US or only US Passport?
    2. If Indian passport, does he need to obtain a visa for our rest our stay, hopefully till June sometime.
    3. If only US Passport, shall I provide the Indian address as permanent address in the US passport application?

    Once we obtain the US passport and PIO card, we would go back to India.
    1. Will he ever become Indian citizen or what would be the procedure to obtain citizenship?
    2. Once we obtain Indian citizenship, would he be able to join government jobs, like defense services or administartive services?
    3. Will he be given a visa by US authorities to come to US after he obtains Indian citizenship?

    If he continues on US Citizenship
    1. How long he can stay using the PIO card?
    2. Can he be added to any of our bank accounts or can he have an account on his own?
    3. Can we buy a land or house on his name?

    Am totally confused and worried about the next steps as people are simply asking,'why did you let him born here?'.

    Your experience, suggestions / advise would be of great help.

    Thank youin advance.

  • #2
    Haven't applied for passport:
    1. He can get an Indian passport or a US passport, but not both.
    2. No. His US birth certificate is proof of his legal right to be in the US.
    3. Unlike the Indian passport, the US passport does not print the holder's permanent address. When applying, you need to give an address they can use to mail you the passport. That would be a US address.

    After getting passport:
    1. If you get him a US passport, he can become an Indian citizen later by renouncing US citizenship at age 18 and applying for Indian citizenship.
    2. If he becomes an Indian citizen, he will have the full rights including all forms of employment, etc.
    3. If you get him an Indian passport, the US still considers him a citizen until he reaches a mature age and renounces US citizenship. So he would not need a visa for travel to the US. He would need a US passport. If he gets it, he's expected to cancel the Indian passport at that time.

    After getting PIO card:
    1. The validity of a PIO card is 15 years. After that, he can renew it (assuming the PIO status still exists at that time). He can remain in India for that period.
    2. PIO card holder can have NRI-type bank accounts.
    3. PIO card holder can own non-agricultural property.

    We got the Indian passport for our US-born daughter. I'll take questions by private message or email via the forum.

    Comment


    • #3
      tamtom,
      That was news to me that you could get an indian pp for a usborn child. Thank you. But I dont understand why you would do that. You mentioned that if the child has to travel to usa, there is no need for a visa, but still he/she would need a US pp, which makes India pp invalid....I am not able to understand the benefits of getting an indian pp for a usborn child. I have 2 children and they both have usa pp, but then I never knew this was an option to begin with... Thank you.

      Comment


      • #4
        I want to make sure that if i got Indian pp for US born baby than baby will lose citizenship of US, and mean while she will get All indian rights?

        Also Can you guide me how to get indian PP For US born baby? Since i am trying to catch indian embessy people no body recieves call,

        Please guide me since I want to send baby and mom to india ASAP,

        Thanks in advacne,



        Originally posted by pusarindia
        tamtom,
        That was news to me that you could get an indian pp for a usborn child. Thank you. But I dont understand why you would do that. You mentioned that if the child has to travel to usa, there is no need for a visa, but still he/she would need a US pp, which makes India pp invalid....I am not able to understand the benefits of getting an indian pp for a usborn child. I have 2 children and they both have usa pp, but then I never knew this was an option to begin with... Thank you.

        Comment


        • #5
          Late reply

          Hello Mitesh,

          I hope you still are looking for an answer.

          It is very straight forward to get an Indian passport for a kid born to at least one Indian parent.

          1. Get the US birth certificate.
          2. DO NOT APPLY FOR US passport.
          3. Register the birth with the Indian embassy (consulate)
          4. Apply for Indian passport.
          3 & 4 can be done together. The forms can be found on the consulate's website. The documents required are:

          1. Properly filled in application.
          2. Photographs of the infant.
          3. Thumb impression of the infant.
          4. Declaration signed by both parents.
          5. Birth certificate (Original & Photocopy)
          6. Photocopy of both parents' passport.
          7. Appropriate fee.

          Thats it. Send everything to the consulate & you should get the passport in 3 to 5 weeks time. I hope this helps.

          Thanks.

          Comment


          • #6
            Hi Sri,

            Is there a separate form for registering the birth of the child at Indian consulate.I found a form on the consulate website for obtaining birth certificate which needed me to fill in the First and Last names in PP.Is this the correct form i am looking at?Cos i would already have a US birth certificate for the child

            Thanks

            Comment


            • #7
              Birth Certificate

              Yes, the form is different. Please search on google for "Indian citizen birth registration form" followed by your Consulate e.g cgihouston. You should be able to find the appropriate form. This is not a birth certificate but it is a certificate for registration of birth of an Indian citizen. You will still have only the birth certificate from US and the registration of the birth of an Indian citizen from the consulate. I hope this helps.

              Comment


              • #8
                Thanks Sri..I checked the Houston CGI website and there seems to be a form for miscellaneous services (http://www.cgihouston.org/misc1.pdf) and my guess is that we'll have to use this form and fill up section 2 for registration of birth.Can you tell me if registration of birth and application for indian passport can be done at the same time by mail?

                Comment


                • #9
                  Yes, you can apply for both registration & passport at the same time. Send in both the forms together with the appropriate fee.

                  Comment


                  • #10
                    Best Option is US Passport with OCI

                    Congrats on the new arrival. To answer your questions:

                    FIRST SET OF QUESTIONS
                    1) You cannot get an Indian passport for your son as he is an Indian citizen. Get the US passport. It can be received in as less as 14 days with expedited processing.
                    2) N/A, as he can't get an Indian passport
                    3) "Permanent Address" is not a big issue. Write the same address as in on his birth certificate (or your current address if you have moved since he arrived)

                    2ND SET OF QUESTIONS
                    Note - Before going to India, it would be best if you get US passport and OCI (as against PIO card) for your son. PIO expires in 10 years, while OCI is lifelong. OCI takes 6-7 weeks, which is not much longer a wait than that for a PIO
                    1) If he becomes an OCI, he may be ultimately able to get Indian citizenship after explicitly renouncing his US citizenship. This needn't be done in a hurry though. The procedure can be found on immihelp if you look closely - otherwise simply call the Indian Consulate and pose them this question.
                    2) Yes, he will be able to serve in the Indian armed forces
                    3) For US visa, no special consideration should be expected as he will have given up US citizenship - he will have to endure the same process as others to get a US visa.

                    3RD SET OF QUESTIONS:
                    1) If he is a US Citizen with a PIO card, the latter will expire in 10 years. (As against this, if on OCI, he won't have to lift a finger)
                    2) OCIs can have any number of bank or investment accounts in India.
                    3) Yes, you can buy land/property in his name, as long as the land is non-agricultural.

                    In summary, no need to be confused. In my opinion, US Passport + OCI would be the best option. That way he can derive all benefits of being a US citizen, and for practical purposes will be able to live in India like an Indian because of the OCI status. [ As long one is OK to (a) not own a India passport (b) not own agricultural land in India (c) not run for govt jobs/positions in India and (d) not vote in elections. ]

                    Good luck.

                    Comment


                    • #11
                      Child born in India to a US citizen mom?

                      I am a US citizen (OCI card holder) and my husband is an Indian Citizen. Since marriage, we have settled in India (perhaps permanently). After much research on the issue, I came to know that our child will be eligible for both US citizenship and Indian citizenship, if he/she is born in India (US citizen because one parent is US citizen & Indian citizen because she will be born in India). We are thinking about getting a US passport and OCI card for the kid. Now my concern is about his/her education related expenses both at school and college level.

                      These question are directed to Sri (as you seem to know a lot about the matter, but inputs from other fellows are also appreciated):

                      1) Are we expected to pay NRI fee for his/her tution or Indian citizen fee? (I don't think it makes much sense if we are expected to pay NRI fee as my husband works in India and we have no income source from US).
                      2) I am also aware of the fact that once our child is 18, he/she must renounce one or the other citizenship. If he keeps US citizenship and gets OCI, would that make any difference for his college tution and future?
                      3) We don't have a kid yet. I am only planning ahead. So, would you recommend child birth in India or US knowing our situtation and concers?
                      Thanks for all the anticipated replies.

                      P.S.: I am loving it!! (my stay in India).

                      Comment


                      • #12
                        Hi

                        Dear All,
                        I blessed with a baby girl in Jan 2009 but currently we with my Daughter staying in India & there is no hope to come back to US atleast as of know.
                        I could come once i finish my some important work here going on & it might take another couple of years.
                        Could anyone help me out from the following questions.
                        1) Do My doughter need to come US atleast an interval of 2 years to
                        retain her US citizenship.
                        2) Or somehow can i get USA visa to stay with her in USA to retain her US citizen & care her there.

                        Comment


                        • #13
                          Birth Certificate for child born in US to Indian Parents

                          Hi,

                          We are expecting our baby to arrive anytime within next couple of weeks.
                          I was just exploring the Birth Certificate form online for Alameda county and came up with this question. In the Application there is a mention about Mother Name and Last Name (Maiden). My wife's maiden last name was 'A' but I got it changed to 'B' in her passport before we moved to USA and all her legal documents now have the last name as 'B'.

                          Please help me out as to what should I be mentioning in Mother's Last Name (Maiden) in the Birth Certificate application form. Should I mention 'A' or 'B'?

                          Thanks in advance.

                          Comment


                          • #14
                            Best option is US Passport with OCI

                            Hi Paran96281,
                            I have a son who is close to 15 months now. I got his US birth certificate and US passport. Now I am planning to go back to India. I just started researching on various options - obtain indian passport vs PIO vs OCI. Not sure if there are other options available.

                            I checked the CGISF website, I found the following under "Not Eligible" section of OCI
                            "Foreign born minor children are not eligible for OCI if both the parents are Indian citizens holding Indian Passports."

                            I and my wife are both Indian citizens holding Indian Passports. So it sounds like this is not an option for my son. Am I interpreting it right? From your post it sounded like it is possible. Could you please clarify?

                            Also in your first answer under "FIRST SET OF QUESTIONS", did you mean to say - "You cannot get an Indian passport for your son as he is an Indian citizen. " or "... not an indian citizen"?

                            If at all OCI was an option, what about the Tution fees for his schooling in India. Will he be considered an NRI and be charged accordingly?

                            I really appreciate if anybody with deep knowledge in this area could respond to my queries.

                            Please accept my thanks in anticipation for your help.

                            Originally posted by paran96281 View Post
                            Congrats on the new arrival. To answer your questions:

                            FIRST SET OF QUESTIONS
                            1) You cannot get an Indian passport for your son as he is an Indian citizen. Get the US passport. It can be received in as less as 14 days with expedited processing.
                            2) N/A, as he can't get an Indian passport
                            3) "Permanent Address" is not a big issue. Write the same address as in on his birth certificate (or your current address if you have moved since he arrived)

                            2ND SET OF QUESTIONS
                            Note - Before going to India, it would be best if you get US passport and OCI (as against PIO card) for your son. PIO expires in 10 years, while OCI is lifelong. OCI takes 6-7 weeks, which is not much longer a wait than that for a PIO
                            1) If he becomes an OCI, he may be ultimately able to get Indian citizenship after explicitly renouncing his US citizenship. This needn't be done in a hurry though. The procedure can be found on immihelp if you look closely - otherwise simply call the Indian Consulate and pose them this question.
                            2) Yes, he will be able to serve in the Indian armed forces
                            3) For US visa, no special consideration should be expected as he will have given up US citizenship - he will have to endure the same process as others to get a US visa.

                            3RD SET OF QUESTIONS:
                            1) If he is a US Citizen with a PIO card, the latter will expire in 10 years. (As against this, if on OCI, he won't have to lift a finger)
                            2) OCIs can have any number of bank or investment accounts in India.
                            3) Yes, you can buy land/property in his name, as long as the land is non-agricultural.

                            In summary, no need to be confused. In my opinion, US Passport + OCI would be the best option. That way he can derive all benefits of being a US citizen, and for practical purposes will be able to live in India like an Indian because of the OCI status. [ As long one is OK to (a) not own a India passport (b) not own agricultural land in India (c) not run for govt jobs/positions in India and (d) not vote in elections. ]

                            Good luck.

                            Comment


                            • #15
                              US Passport and PIO/OCI for new born

                              Hi,
                              My baby will be born in August' 2010, and i am planning to send baby India.
                              1.) How long will it take to get US Passport for the baby?
                              2.) How long will the US Passport be valid?
                              3.) How long will it take to get PIO/OCI for the baby?
                              4.) Which one is better PIO/OCI?
                              5.) If the baby stays in India for more than 15 years, is it possible to renew/apply PIO in India?
                              Also can you suggest which is faster, better and convenient for the baby future (Indian Passport/US Passport)?

                              Thanks

                              Comment

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