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OCI Card apply for New born Kid in USA/Houston (Parents on Visa in USA) - check list

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  • OCI Card apply for New born Kid in USA/Houston (Parents on Visa in USA) - check list

    Hi All,

    can you please let me know the process and Documents check list of current OCI card new application check list for new born baby in USA. Parents on H1 and H4 Visa.

    --
    Thanks

  • #2
    Congratulations on the little one

    You sure you don't want your child to have an Indian passport? They can always get a US passport later

    Comment


    • #3
      Originally posted by inadmissible View Post
      Congratulations on the little one

      You sure you don't want your child to have an Indian passport? They can always get a US passport later
      did not get it. kid is born in US and kid has travel plans to india so how can kid go to india without US passport and indian visa/OCI?

      Comment


      • #4
        Originally posted by inadmissible View Post
        Congratulations on the little one

        You sure you don't want your child to have an Indian passport? They can always get a US passport later
        can you please explain about it i am not aware of this. i thought we can only apply to US Passport if kid is born in USA. parents are on Visa. can kid get Indian passport when he/she born in USA? what should be Nationality of this kid?

        Comment


        • #5
          Originally posted by vikky789 View Post
          can you please explain about it i am not aware of this. i thought we can only apply to US Passport if kid is born in USA. parents are on Visa. can kid get Indian passport when he/she born in USA? what should be Nationality of this kid?
          Under Indian law, a child born outside India to at least one Indian citizen parent is an Indian citizen by descent if registered at an Indian consulate within 1 year of birth and the parent declares that the child does not hold a foreign passport. Such an Indian citizen by descent will lose Indian citizenship if they do not renounce other nationalities within 6 months of turning 18.

          So as long as the child is registered and does not get a US passport, the child has both US citizenship and Indian citizenship. However getting a US passport later will cause loss of Indian citizenship.

          The US does not have exit checks; the child will have no problems going to India on an Indian passport. The trouble is with returning to the US, because as a US citizen the child cannot get a US visa, and the only other document the child can get that will convince an airline to board them is a US passport, but getting a US passport will cause loss of the child's Indian citizenship. The only other option for returning to the US without a US passport is to first get a visa to Canada or Mexico and then cross by land into the US.

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            Originally posted by newacct View Post
            Under Indian law, a child born outside India to at least one Indian citizen parent is an Indian citizen by descent if registered at an Indian consulate within 1 year of birth and the parent declares that the child does not hold a foreign passport. Such an Indian citizen by descent will lose Indian citizenship if they do not renounce other nationalities within 6 months of turning 18.

            So as long as the child is registered and does not get a US passport, the child has both US citizenship and Indian citizenship. However getting a US passport later will cause loss of Indian citizenship.

            The US does not have exit checks; the child will have no problems going to India on an Indian passport. The trouble is with returning to the US, because as a US citizen the child cannot get a US visa, and the only other document the child can get that will convince an airline to board them is a US passport, but getting a US passport will cause loss of the child's Indian citizenship. The only other option for returning to the US without a US passport is to first get a visa to Canada or Mexico and then cross by land into the US.
            Thank you for very good information. my kid has to come back after few months india visit so i will go with USA passport with OCI card option. in case if kid goes to india in future to study there, does OCI card takes care of legal status in india? how long OCI card valid and can it be renewed in India?

            One more Question about Nationality. who ever born in USA (parents are indian citizens and working in usa on visa) are USC Nationality? or Is Nationality decided based on Ethnicity?

            Nationality, Citizenship are two different things right?

            Comment


            • #7
              Originally posted by vikky789 View Post
              One more Question about Nationality. who ever born in USA (parents are indian citizens and working in usa on visa) are USC Nationality? or Is Nationality decided based on Ethnicity?

              Nationality, Citizenship are two different things right?
              Some countries have a legal concept of "nationality" that is similar to, but not the same as, "citizenship". For example, all US citizens are US nationals, and most US nationals are US citizens but not all -- e.g. people born in American Samoa are US nationals but not US citizens. There are 6 categories of British nationals, only one of which is British citizen, etc. But for most countries, "citizenship" and "nationality" are the same thing, and they just have a single term for it.

              This may be different from what everyday people mean when they say "nationality" though; some people use it to mean something like "ethnicity".

              This is my personal opinion and is not to be construed as legal advice.

              Comment


              • #8
                Originally posted by newacct View Post
                Some countries have a legal concept of "nationality" that is similar to, but not the same as, "citizenship". For example, all US citizens are US nationals, and most US nationals are US citizens but not all -- e.g. people born in American Samoa are US nationals but not US citizens. There are 6 categories of British nationals, only one of which is British citizen, etc. But for most countries, "citizenship" and "nationality" are the same thing, and they just have a single term for it.

                This may be different from what everyday people mean when they say "nationality" though; some people use it to mean something like "ethnicity".
                i am born in india and grew up there. now i am on visa in usa. my Nationality in Indian passport says INDIAN. But what about my kid who is born in USA - is kid Nationality printed as USC in her US passport? or does it depends on parents ethnicity?

                Comment


                • #9
                  Originally posted by vikky789 View Post
                  i am born in india and grew up there. now i am on visa in usa. my Nationality in Indian passport says INDIAN. But what about my kid who is born in USA - is kid Nationality printed as USC in her US passport? or does it depends on parents ethnicity?
                  Yes, it will always say US nationality in a US passport, and Indian nationality in an Indian passport, etc.

                  This is my personal opinion and is not to be construed as legal advice.

                  Comment


                  • #10
                    can any one let me know complete documents check list for OCI apply for new born(in USA). both parents are indian citizens on Visa in USA.

                    Comment


                    • #11
                      Originally posted by vikky789 View Post
                      can any one let me know complete documents check list for OCI apply for new born(in USA). both parents are indian citizens on Visa in USA.
                      Best thing is go to CKGS site and enter KIDS info and other details. U will get checklist and process there it self.

                      Comment

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