US Passport + PIO(US Citizenship) or Register baby birth to India Consulate

[Ajay Narang]

After reading many blogs on this topic, gathering different opinions has put me in more confusion or dilemma what option i should go for.

I will highly highly appreciate your reply to below questions.

Brief - We are on L1/L2 and expecting baby in Jan,2015. Both me and my wife are Indian citizen.

Option 1 - To go with US Passport + PIO, henceforth US Citizenship
1. Will our baby have any problems in terms of education etc in India, when we go back. I am sure India colleges has few NRI seats and high fees but does that apply on schools too?

2. As per PIO rules, PIO holder staying in India for 7 year can opt for Indian Citizenship. Does that really hold valid for minor also? Since. India does not allow holding dual citizenship and US Law does not allow leaving US Citizenship until child reaches age of 18, so not sure how minor can obtain Indian Citizenship

Option 2 - Registering US born baby birth to Indian Consulate and apply for Indian Passport/ Taking Indian Citizenship
1. Isn't this contradictory to same law since in this case child will be holding Indian Citizenship and US Citizenship (though have not applied US passport but by birth US assume child to US Citizen until age of 18).
2. Even if this is allowed, can child stay in US without any problem since Indian passport will not and can not have Visa stamp.
3. Can child travel to India on Indian Passport + US Birth Certificate, without any issues? Though i understand he/she can not travel back to US since US will not grant Visa to him/her being US Citizen?
4. After going with this option will child ever has chance to opt/reject for US Citizenship when turned 18?

Option 3 Ofcors giving birth in India and get the visa stamp which I want least


Please help, we need to decide soon!

[tampaite]

Option 2 - Registering US born baby birth to Indian Consulate and apply for Indian Passport/ Taking Indian Citizenship
1. Isn't this contradictory to same law since in this case child will be holding Indian Citizenship and US Citizenship (though have not applied US passport but by birth US assume child to US Citizen until age of 18).
2. Even if this is allowed, can child stay in US without any problem since Indian passport will not and can not have Visa stamp.
3. Can child travel to India on Indian Passport + US Birth Certificate, without any issues? Though i understand he/she can not travel back to US since US will not grant Visa to him/her being US Citizen?
4. After going with this option will child ever has chance to opt/reject for US Citizenship when turned 18?

This is based on my knowledge.

1. If the minor child applies for Indian passport, it means you have effectively given up US citizenship.
2. Can stay but child will need to apply for Visa for travel.
3. No issue with travel outbound but you'll need to apply for Visa at US consulate as you are an Indian citizen(by virtue of having Indian passport)
4. No question of rejecting since you applied for Indian passport, not sure about opt-in for US citizenship but I think they can petition before turning 18.

EDIT: I see minors cannot give up their US citizenship unless they are 18 and older so it's best to contact a qualified attorney than immihelp

[soutdas]

Hello,

I did several research and talked to attorneys regarding this. One question for you:

1. Once you leave US, is there any chance of you coming back again to USA? If that is the case, then best way is to get a PIO done. This is simple because, when you travel with Indian passport and US birth Certificate, you are just hiding the fcat that your child by law is a US citizen. Now if you dont ever return back to USA, then it is the best option. However, if you have to come back again, then the child needs to get US passport, since US govt wont issue a Visa for it's own legal Citizen. That would mean you renouncing Indian Citizenship for the child.

So, if you are planning to return to USA, get PIO done.
if you are leaving for good and never coming back - Go for Indian passport.

be clear in what you are looking forward to. Also, as tampaite said - you may want to consider an attorney.

[Suresh Chahal]

I filed RTI on this topic and it come out that minor are allowed dual citizenship. So this is what I am going to do

1. Register birth at indian consulate thus claiming his Indian Citizenship
2. They will force you to apply for Indian Passport.
3. Now get US passport.

So basically your child would have 2 passports since he is dual citizen.

I have appealed with specific question as to where a child can have 2 passport. I am still waiting for response. I will update once i get that