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Child born in India but is US citizen

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  • Child born in India but is US citizen

    A baby is born in India as the mother is waiting for her Immigrant visa. The child is a US citizen and gets US passport from US embassy in India. Do we need to apply for a tourist or any Indian visa for the child while in India or the 2 year old can stay without an Indian visa. Will it be a problem when child has to come to the US?

  • #2
    According to India's Citizenship Act, a child born in India to at least one Indian citizen parent, where the other parent is not an illegal migrant, is automatically an Indian citizen at birth, and does not lose their Indian citizenship at any age even if they do not renounce their other nationalities. As an Indian citizen, they do not need to (and can't) get an Indian visa. It's unclear whether getting a US passport affects it.

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

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    • #3
      Unless they get an Indian passort, they will need a visa. It's variously called the U visa or the OCI. It's applied to the non-Indian passport to allow them perpetual entry privileges.. Note if the person has US citizenship, it is required that they use the US passport when entering the US.

      There's a specific Indian forum down the page a bit that questions like this would be better asked in.

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