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US born baby, is there a way to withdraw birth registration done at Indian consulate?

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  • US born baby, is there a way to withdraw birth registration done at Indian consulate?

    Our baby is born in US (to Indian parents GC holders), we did her birth registration at Indian consulate as we initially thought we will get Indian passport for her as we are planning to move back to India. However recently found out that, in future if she wants to come to US, it might be an issue, she will not get US visa on Indian passport as she will continue to be an US citizen by birth and they will ask for US passport for her to enter US. In this situation we have below questions -

    1. Is there a way to withdraw the birth registration at consulate? We haven't still applied for her Indian passport. Consulate is not able to guide on this so far. Is there a way?

    2. If it cannot be withdrawn, can we go ahead and apply for US passport and OCI card instead of Indian passport?

    3. If getting an OCI card becomes a problem (as the child's birth is already registered at Indian consulate), can we get US passport too along with Indian passport? In that case she will have option to visit US on US passport later. At age 18, she can decide which passport to keep/what citizenship to continue with? Will having both passports for a minor be a problem?

    4. Lastly, if there is no other option then getting an Indian passport and go back to India. Later can we get US passport for her from India showing her birth certificate?

    As we have to go back to India in next 2 months or so, any quick advice, suggestions on how to proceed are highly appreciated.
    Thank you,
    Jay

  • #2
    Short: 1 - Don't worry. 2 - Yes. 3 - Don't worry, once she gets a US passport, she can apply for OCI. 4 - Yes, but not sure if the birthright citizenship laws will change. Decide and settle everything before the travel (better), or travel as planned and deal with the situation when you decide what to do.
    ​

    Long:
    Keep the proof of US birth, including the birth certificate and any hospital records. I guess you have them. Also, keep records of both of your US residencies if you are planning to apply for US citizenship in the future*

    IMO, gaining back Indian citizenship may be easier after living there for a few years (laws may change) with OCI and/or proof of parent/grandparent residency. Keep records of these, too, for her. So, apply for a U.S. passport and renounce Indian citizenship within the stipulated timeframe.

    You can renounce her Indian citizenship at any time after getting US citizenship. If you don't have a passport, you could use the registration document you have. https://indiancitizenshiponline.nic.in/Renounce


    * You can apply for US citizenship in the future (based on the current laws) and renounce Indian citizenship. But, not sure how the rules will change in the future. Applying for a US passport now may be a good idea.

    Disclaimer: I'm not an attorney. Just advising based on experience. Research and decide what is best for you.

    Comment


    • #3
      Liberty48 Thank you so much for sharing your POV. Yes as you said, I intend to get an US passport and OCI card for my baby before I travel to India. As getting an US passport later from India might get tricky.

      The only thing I am concerned is that her Birth registration has been done in Indian consulate. Are you saying that will not cause any issues with getting the OCI card for my baby?
      We haven't applied for Indian passport so we cannot go for renunciation of Indian citizenship for her as Indian passport details are mandatory in the renunciation form (the link you shared).

      Pls let me know your thoughts.

      Comment


      • #4
        Your main concern arose because of the birth registration. That is why I suggested applying for the renunciation. When you apply for OCI, renounce her Indian citizenship and use the birth registration document in lieu of the passport. Give it a try. I haven't done it that way. I haven't heard this situation before. The best option is to email the consulate/embassy to confirm the correct procedure before applying for OCI.

        Comment


        • #5
          Liberty48 Thank you. As you said this is probably an unique case, even the Indian embassy is not able to give a proper answer. I will try again. I guess I will get the US passport first and apply for an OCI, then only I will know if its causing an issue and what is their guidance at that moment. As I am not having Indian passport, I am not doing anything wrong I suppose.

          Comment

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