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Indian citizen with American spouse: child eligible for OCI?

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  • Indian citizen with American spouse: child eligible for OCI?

    I am an Indian citizen in the US. My wife is US-born, and is a citizen of USA. We have a child who's also an American citizen. My wife has a PIO card. From my understanding, my child is eligible for a PIO card, but not an OCI card. Is this correct?

    Thanks!

  • #2
    Your child must be eligible for OCI.

    Comment


    • #3
      Originally posted by milli View Post
      Your child must be eligible for OCI.
      Thanks for the reply. Is this because we satisfy the requirements from this web site??

      A new OCI card for a minor applicant who DOES NOT hold a PIO card is given to the child or grandchild of a non-Indian National who:
      • Was eligible to become a citizen of India on January 26, 1950 or later, or
      • Was a citizen of India on, or at any time after, January 26, 1950, or
      • Belonged to a territory that became part of India after August 15, 1947.
      • Non US passport holders who hold a temporary visa such as B1/B2 are not eligible.
      • Any one who is or has ever been a citizen of Pakistan or Bangladesh is not eligible for OCI status.
      Technically we satisfy all the above requirements and also the requirement that If both parents are Indian citizens, the minor applicant should apply for a PIO instead (only one of us is an Indian citizen). The confusion is regarding the bold part from the requirements above. I was, and still am, a citizen of India on, or at any time after, January 26, 1950. The intent here seems to be that OCI is for a minor whose parent/grandparent was a citizen of India, but is not anymore.

      Am I correct in my understanding?

      Thanks!

      Comment


      • #4
        if you have a valid and usable indian passport (that means the you only have an indian passport only) the child can apply on the basis that his/her parent is indian and is eligible for OCI. from the information provided the other parent is an USA born with only an usa passport (never had indian citizenship). the child can send his/her birth cert with the highlighted area of the indian parent(Indian passport).

        Comment


        • #5
          Originally posted by someone27 View Post
          if you have a valid and usable indian passport (that means the you only have an indian passport only) the child can apply on the basis that his/her parent is indian and is eligible for OCI. from the information provided the other parent is an USA born with only an usa passport (never had indian citizenship). the child can send his/her birth cert with the highlighted area of the indian parent(Indian passport).
          OK, thanks for the clarification. OCI it is then.

          Comment

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