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Giving birth to child in USA, Con's if I go back to India?

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  • Giving birth to child in USA, Con's if I go back to India?

    We are expecting a baby in few months, I gone thru many articles about pro's and cons's of giving birth in India vs USA both has benefits and as well as equal consequences if you don't have plans to stay in USA for long term due to visa restrictions. Let's come to the point, what if child is born in USA and applies for Indian passport to back to India. Does he/she still considered as NRI for educations fees?

    Appreciate your help!

    -Pankaj

  • #2
    You need to understand difference between Nationality & Citizenship.

    USA born child will be USA national & he cannot in his whole life change his nationality - he can take citizenship of India, but will remain USA national.

    I guess you already know the remaining pros & cons.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    Comment


    • #3
      Originally posted by Libra_14 View Post
      You need to understand difference between Nationality & Citizenship.

      USA born child will be USA national & he cannot in his whole life change his nationality - he can take citizenship of India, but will remain USA national.

      I guess you already know the remaining pros & cons.
      The difference between nationality and citizenship is not relevant here. The child will be both a US citizen and US national. Only people born in American Samoa are non-citizen US nationals. The child will remain a US citizen forever, unless and until he renounces it after he grows up. The will will also be an Indian citizen if the parents decide to register him at an Indian consulate before age 1.

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

      Comment


      • #4
        Originally posted by newacct View Post

        The difference between nationality and citizenship is not relevant here. The child will be both a US citizen and US national. Only people born in American Samoa are non-citizen US nationals. The child will remain a US citizen forever, unless and until he renounces it after he grows up. The will will also be an Indian citizen if the parents decide to register him at an Indian consulate before age 1.
        You are right newacct, but for India & for his question regarding education fee - the nationality & citizenship is relevant. Indian education system charges fee based on student's nationality (and not based on citizenship). I guess Pankaj still remember what he used to fill in his education application forms.
        - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

        Comment


        • #5
          Originally posted by Libra_14 View Post

          You are right newacct, but for India & for his question regarding education fee - the nationality & citizenship is relevant. Indian education system charges fee based on student's nationality (and not based on citizenship). I guess Pankaj still remember what he used to fill in his education application forms.
          Like I said, the child will be a US citizen, US national, Indian citizen, and Indian national (AFAIK India does not have non-citizen nationals -- all Indian nationals are Indian citizens). "Nationality" here refers to the legal relationship between a person and a country that allows the person to hold the country's passport, receive the country's consular protection, etc., and is almost identical to the legal term "citizenship", except for the few rare cases in a few countries of non-citizen nationals. Maybe you are using a different meaning of the word "nationality".

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

          Comment


          • #6
            I would be interested to understand more.

            Here is what I got from Quora on a quick google search:
            • Nationality VS Citizenship
            In this article we are going to discuss the contrasts between these two terms.
            • Meaning:
            Nationality is actually membership of the individual that demonstrates a man association with the state. Nationality implies that an individual is under the insurance of government for motivations behind global law. Basically it implies that an individual holds an international ID from that nation.
            Citizenship is actually the political status that expresses that the individual is perceived as citizen of nation. Citizenship implies that an individual have complete social and political rights to take an interest in the country. This implies the privilege to vote, the privilege to work, and the privilege to live in an area.
            • Represent:
            Nationality is the nation or a place where a person has taken his or her birth.
            Citizenship represents that an individual is enlisted as citizen by government of that nation.
            • More than one:
            In nationality, an individual cant have nationality of more than one country, as an individual can have nationality of only one nation.
            In citizenship, an individual can turn into a citizen of multiple nations as in this there is no limitation for individual.
            • Ways:
            In nationality, there two ways a person can have his or her nationality. One way is that either a person simply takes birth in that nation or a person can inherited from his or her parents.
            In citizenship, there are many ways to become citizen of any nation. These ways includes inheritance, birth, naturalization, marriage and so on.
            • Concept:
            Nationality is actually representing the concept of racial or ethnic.
            Citizenship is actually represents the concepts of juristic or legal.
            • Change:
            Nationality is the actually the place of birth so it cant change.
            Citizenship is obtained by the government of nation so it can be change.

            Last edited by Libra_14; 04-24-2019, 02:25 PM.
            - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

            Comment


            • #7
              Originally posted by Libra_14 View Post
              I would be interested to understand more.

              Here is what I got from Quora on a quick google search:
              • Nationality VS Citizenship
              In this article we are going to discuss the contrasts between these two terms.
              • Meaning:
              Nationality is actually membership of the individual that demonstrates a man association with the state. Nationality implies that an individual is under the insurance of government for motivations behind global law. Basically it implies that an individual holds an international ID from that nation.
              Citizenship is actually the political status that expresses that the individual is perceived as citizen of nation. Citizenship implies that an individual have complete social and political rights to take an interest in the country. This implies the privilege to vote, the privilege to work, and the privilege to live in an area.
              • Represent:
              Nationality is the nation or a place where a person has taken his or her birth.
              Citizenship represents that an individual is enlisted as citizen by government of that nation.
              • More than one:
              In nationality, an individual cant have nationality of more than one country, as an individual can have nationality of only one nation.
              In citizenship, an individual can turn into a citizen of multiple nations as in this there is no limitation for individual.
              • Ways:
              In nationality, there two ways a person can have his or her nationality. One way is that either a person simply takes birth in that nation or a person can inherited from his or her parents.
              In citizenship, there are many ways to become citizen of any nation. These ways includes inheritance, birth, naturalization, marriage and so on.
              • Concept:
              Nationality is actually representing the concept of racial or ethnic.
              Citizenship is actually represents the concepts of juristic or legal.
              • Change:
              Nationality is the actually the place of birth so it cant change.
              Citizenship is obtained by the government of nation so it can be change.
              Nope. This is not what "nationality" means in legal contexts. The legal term "nationality" means almost the same thing as "citizenship", except for rare cases where some countries have non-citizen nationals. Every citizen of a country is a national of that country, but in some countries not every national of the country is a citizen of the country. Nationality does NOT have anything to do with the place of birth, and CAN definitely change (be gained or lost). And you can definitely have more than one nationality -- anyone who has more than one "citizenship" by definition have more than one nationality.

              The main difference between "citizenship" and "nationality" is that "nationality" is what mostly matters for international contexts -- when you are outside the US, nobody really cares if you are a US citizen or a non-citizen US national -- in both cases, you have a US passport, and you are treated the same. "Citizenship" is mostly only relevant for domestic contexts, in determining things like the ability to participate in the political system.

              In English, sometimes the word "nationality" is also used to mean something like ethnicity; that is a different meaning of the word than the legal term "nationality".

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

              Comment


              • #8
                Originally posted by newacct View Post

                Nope. This is not what "nationality" means in legal contexts. The legal term "nationality" means almost the same thing as "citizenship", except for rare cases where some countries have non-citizen nationals. Every citizen of a country is a national of that country, but in some countries not every national of the country is a citizen of the country. Nationality does NOT have anything to do with the place of birth, and CAN definitely change (be gained or lost). And you can definitely have more than one nationality -- anyone who has more than one "citizenship" by definition have more than one nationality.

                The main difference between "citizenship" and "nationality" is that "nationality" is what mostly matters for international contexts -- when you are outside the US, nobody really cares if you are a US citizen or a non-citizen US national -- in both cases, you have a US passport, and you are treated the same. "Citizenship" is mostly only relevant for domestic contexts, in determining things like the ability to participate in the political system.

                In English, sometimes the word "nationality" is also used to mean something like ethnicity; that is a different meaning of the word than the legal term "nationality".
                You are talking about general definition & I was trying to answer Pankaj question.

                Nationality is what matters for "Indian education system" & the child will always be considered NRI - even if he surrender US passport & gets Indian passport.
                - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

                Comment

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