Indian parents US born child

[veena_22]

Hello,

I need clarification regarding my newly born daughter in USA. My daughter was born MI,USA, myself and my wife are born Indians and we are here on L1 visa.

I have to go back to India on the last week of Sept 2010. I have few questions regarding my daughters status related to citizenship (I have referred all the forums before posting you this e-mail).

1. I understand that my daughter can have Indian Passport (applying in Chicago) if so how can she stay here till Sept as she will not have US Visa and will someone object travelling with Indian passport without US visa in USA?

2. If she has Indian Passport is she considered as Indian citizen in India?, which means does the educational institutes in India considers here citizenship as Indian and not NRI?

3. If she happen to take US passport and stay for more than 7 years in India is she considered as non-NRI?

Thanks
Naveen.K

[ssbreddy]

Needs to have US passport and either India Visa/OCI/PIO

I believe the baby is a US citizen and will need to have US passport to exit US. The baby needs to have either India Visa/OCI/PIO.

Please work fast on this as you are running out of time in this case.

Senior Members: Your thaughts please.

[txh1b]

1. No one will object to her having an Indian passport as you are Indian citizens, she can get it due to parents being of Indian origin. So, you can get Indian passport and travel. No issues.
2. The baby is a US Citizen by birth. So, if you use the Indian passport and travel and remain in India, she will be considered Indian citizen as long as she has the passport. Now consider the scenario that you have to travel back to US. As your daughter was a US born person and she is a citizen of US based on birth, US govt will not issue a visa for her on the indian passport. At that time, you would have to apply for a US passport to travel back to US for your daughter and renounce the Indian citizenship by returning the passport.
3. I don't understand this question.

[awalia]

2-You can travel to US with Indian passport and US birth certificate. Try Air-India for tickets. Don't go with BA.
3-US citizens can give up their citizenship after their 18th Birthday. You cannot cancel US passports till you turn 18years. US citizens by birth are not NRI's, but Foreign Nationals in India.

[veena_22]

Thank you for the replies they helped a lot

one question is still bugging me, my company books Air tickets for my family and they will book in Lufthansa which has a transit in Frankfurt (Germany). Does she will face any problems there as she is travelling from US with Indian passport with no visas or stamps on it.

I am just making sure everything I do should not create a problem later.

Again Thanks for your replies.

-Naveen

[Xkuger]

I would suggest that you get an OCI for your child as you will have the best of both worlds.

You can always choose to give either up when to get to a certain point and want to make a decision. As you know getting a US citizenship is difficult so I suggest keep that alive and you can decide later... if you really do not need it or gaining a considerable advantage of having a Indian citizenship.

I do know that as a Foreign national you also get preference (rather special quota to admission in IIT)... so weigh your options.

[awalia]

Someone in the forum wrote that Frankfort is ok for travel from India to US with Indian PP and US birth certificate. From US to India there are no issues, since pp is Indian.