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Citizenship Questions: US born child of Indian parents.

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  • Citizenship Questions: US born child of Indian parents.

    Hi All,
    I am a citizen of INDIA and in USA currently on H1 visa and have my current employment till mid of next year.
    Me and my wife are expecting a kid in October this year and if I understand it correctly, the kid will be US citizen by birth.

    I plan to go back to India and next year and have no concrete plans of returning back in recent years. I am OK to have my kid born here as long as its not a concern for non-indian kids of Indian parents, living in India

    1.) Are there some issues in cases like these where the child is US citizen and living in India.
    2.) Does the child will have any issues living in India in terms of period/ length of stay and is it capped anyhow to a certain length.
    3.) Are there some issues in education for non-Indian born nationals with Indian parents.
    4.) Finally, is it suggestive to NOT have birth in US since I can terminate my employment (don't prefer though) and leave for India before my kid's birth if there are concerns that we can foresee.

    Thanks in advance.

  • #2
    First, note that you can choose to register the child as an Indian citizen at an Indian consulate within 1 year of birth.

    If you register the child as an Indian citizen, he/she will have both US and Indian citizenship until age 18.5. To avoid losing Indian citizenship, he/she should not get a US passport, which, since he/she is a US citizen, would make it hard to return to the US if he/she leaves. As an Indian citizen, there should be no issues regarding length of stay or other rights in India.

    If you do not register the child as an Indian citizen, he/she will only have US citizenship, and you can get OCI for him/her. OCI should also not have issues with rights in India.

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

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