(USA) Indian citizenship by descent / Indian PP for US born baby

[cyber_007a]

Hi,

Our baby is born in USA. We both parents are Indian Citizen. Instead of applying for US Passport/OCI, we are thinking to apply for Indian passport by registering birth at nearest Indian Consulate, so when we are back to India baby is considered Indian Citizen in all fields and also higher education does not need to be under NRI quota. Also after 18, if baby wants to come to USA always can get US Passport and travel back. (We are not planning to come back to USA once we are gone to India, so we are not worried about baby's travel back to USA on Indian PP)

Didn't understand this clause --- Per Indian Citizenship Act - (Citizenship by descent) Section 4(1A) - "A minor who is a citizen of India by virtue of his section and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of attaining full age"

http://indiancitizenshiponline.nic.in/citizenshipact1.htm

Does that mean baby will cease Indian Citizenship at 18 automatically ? What exactly needs to be done to continue Indian Citizenship ? When we will apply for Indian Citizenship we are already giving declaration that baby does not hold passport of any other country. Same declaration needs to be given by baby when reaches age 18 ? If yes, which office has this provision ?

Note : Baby acquires US citizenship involuntary due to birth in USA. But what i know India considers holding PP of another country is as holding nationality of that country

Any suggestions will be helpful to decide how to proceed. Anyone already taken Indian Passport for baby born in USA please contact.

[radhamadhuri]

Hi,

Our baby is born in USA. We both parents are Indian Citizen. Instead of applying for US Passport/OCI, we are thinking to apply for Indian passport by registering birth at nearest Indian Consulate, so when we are back to India baby is considered Indian Citizen in all fields and also higher education does not need to be under NRI quota. Also after 18, if baby wants to come to USA always can get US Passport and travel back. (We are not planning to come back to USA once we are gone to India, so we are not worried about baby's travel back to USA on Indian PP)

Didn't understand this clause --- Per Indian Citizenship Act - (Citizenship by descent) Section 4(1A) - "A minor who is a citizen of India by virtue of his section and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of attaining full age"

http://indiancitizenshiponline.nic.in/citizenshipact1.htm

Does that mean baby will cease Indian Citizenship at 18 automatically ? What exactly needs to be done to continue Indian Citizenship ? When we will apply for Indian Citizenship we are already giving declaration that baby does not hold passport of any other country. Same declaration needs to be given by baby when reaches age 18 ? If yes, which office has this provision ?

Note : Baby acquires US citizenship involuntary due to birth in USA. But what i know India considers holding PP of another country is as holding nationality of that country

Any suggestions will be helpful to decide how to proceed. Anyone already taken Indian Passport for baby born in USA please contact.

You are seriously misunderstood. Anyone who born in US will become US Citizens automatically. If you are so concerned / like Indian citizenship here are the steps..

1. Apply for US Passport for your baby
2. Apply for OCI card for your baby
3. Wait 18 years until your baby become major
4. Let him/her relinqush the US citizenship and take Indianship
5. As a parent you have NO right to decide on their citizenship.

You should have planned properly so that your baby could have borned in India.

[sunrag1]

You are seriously misunderstood. Anyone who born in US will become US Citizens automatically. If you are so concerned / like Indian citizenship here are the steps..

1. Apply for US Passport for your baby
2. Apply for OCI card for your baby
3. Wait 18 years until your baby become major
4. Let him/her relinqush the US citizenship and take Indianship
5. As a parent you have NO right to decide on their citizenship.

You should have planned properly so that your baby could have borned in India.

No.. he is right..

One can register the birth in Indian consulate and take INDIAN passports (do not apply for US passport). But what will happen after 18 years, no one knows I guess..

[cyber_007a]

@radhamadhuri: You can get Indian Citizenship by registering birth of your child to nearest Indian Consulate and sametime applying for Indian PP (within first year and with special permission after 1 year). You need to provide declaration that baby does not hold PP of any other country. India considers Passport of another country as Citizenship (acquired voluntarily) so as long as you have not applied for US PP you are fine. On another side US does not have problem with dual Citizenship. If you are moving to India for good then this works fine and baby in future decides to come to US he/she can always get US PP in India at US Consulate, just that baby needs to surrender Indian PP (may be not if by that time India accepts dual Citizenship).

link for reference : http://indiancitizenshiponline.nic.i...enshipact1.htm

Only thing I am trying to understand as per Act is at age of 18 baby cease to be Indian Citizenship if he/she does not surrender other nationality. I think Indian GOV expecting baby to give declaration at 18 stating he/she does not hold any other PP. I could not find any procedure for that tho.

- - - Updated - - -

@radhamadhuri: You can get Indian Citizenship by registering birth of your child to nearest Indian Consulate and sametime applying for Indian PP (within first year and with special permission after 1 year). You need to provide declaration that baby does not hold PP of any other country. India considers Passport of another country as Citizenship (acquired voluntarily) so as long as you have not applied for US PP you are fine. On another side US does not have problem with dual Citizenship. If you are moving to India for good then this works fine and baby in future decides to come to US he/she can always get US PP in India at US Consulate, just that baby needs to surrender Indian PP (may be not if by that time India accepts dual Citizenship).

link for reference : http://indiancitizenshiponline.nic.in/citizenshipact1.htm

Only thing I am trying to understand as per Act is at age of 18 baby cease to be Indian Citizenship if he/she does not surrender other nationality. I think Indian GOV expecting baby to give declaration at 18 stating he/she does not hold any other PP. I could not find any procedure for that tho.

[cyber_007a]

people already opted for Indian PP for their baby...any comments on this ?

if there is any group of folks in this boat...please PM me.

[proonindiandoc]

people already opted for Indian PP for their baby...any comments on this ?

if there is any group of folks in this boat...please PM me.

i am agree with you that let the minor to choose after 18

[Jo Sood]

Hi,

Our baby is born in USA. We both parents are Indian Citizen. Instead of applying for US Passport/OCI, we are thinking to apply for Indian passport by registering birth at nearest Indian Consulate, so when we are back to India baby is considered Indian Citizen in all fields and also higher education does not need to be under NRI quota. Also after 18, if baby wants to come to USA always can get US Passport and travel back. (We are not planning to come back to USA once we are gone to India, so we are not worried about baby's travel back to USA on Indian PP)

Didn't understand this clause --- Per Indian Citizenship Act - (Citizenship by descent) Section 4(1A) - "A minor who is a citizen of India by virtue of his section and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of attaining full age"

http://indiancitizenshiponline.nic.in/citizenshipact1.htm

Does that mean baby will cease Indian Citizenship at 18 automatically ? What exactly needs to be done to continue Indian Citizenship ? When we will apply for Indian Citizenship we are already giving declaration that baby does not hold passport of any other country. Same declaration needs to be given by baby when reaches age 18 ? If yes, which office has this provision ?

Note : Baby acquires US citizenship involuntary due to birth in USA. But what i know India considers holding PP of another country is as holding nationality of that country

Any suggestions will be helpful to decide how to proceed. Anyone already taken Indian Passport for baby born in USA please contact.

Plenty of wrong advice on this thread.

You can have the birth of your child registered at an Indian consulate / embassy within one year of birth and simultaneously apply for an Indian passport for the child. The child is treated as a citizen by birth.

See this page http://indianconsulate.com/page/display/77/17

At the age of 18, under US law that child can choose to opt for a US passport - if so he or she will have to renounce Indian citizenship as per laws then in force (in the year 2034 ,assuming year of birth is 2016). The fact that under US law the child has this option has no bearing on the right to obtain an Indian passport. Plenty of people do this and it's not uncommon (despite how coveted the US passport might seem)

Hope this helps!