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camden1102
camden1102 asks:
Q:

My wife is expecting baby in Mar-2011. Both of us are Indian citizens and Indian passport holders. Our baby will be born in USA. Both of us are workin

My wife is expecting baby in Mar-2011. Both of us are Indian citizens and Indian passport holders. Our baby will be born in USA. Both of us are working. Our Visa expires in july and we plan to renew but then go back home in 2012. This is how our job scene is. Few points to clarify from parents who has similar situation:

1. Is there a possibility to apply for Indian citizenship for my baby now only (I know at 18 yrs she will have the authority to choose USA or Indian citizenship)? Reason is we are planning to settle in India from next yr onwards and do not plan to come back to USA.
2. If she applies for US passport now, I have seen in different forums that OCI cannot be applied if parents are Indian citizens. Is it true? Is there are exception to this?
3. How much total time it takes to apply for SSN, Birth certificate, US Passport, PIO card?
4. How much total time it takes to apply Indian passport (if it is a possibility)?
5. Is this a way that we apply for US passport now (since I heard we can get within 2 weeks) and then once we go back to India, can we apply for Indian passport and citizenship for the baby?
6. What are the disadvantages we will face in India if we have to settle there with US born child – like education, government jobs, etc?
7. Can we apply PAN card for the child in India?
8. Can the baby apply for different entrance exams after class 12?
9. If incase we have to travel to USA for my project purpose, would US govt allow my baby to travel with
In Topics: Worldwide education issues
> 60 days ago

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Answers (1)

graham
graham writes:
I will preface my answer by saying that I'm not an expert on immigration issues, and that you should contact your embassy or an immigration lawyer.

If you would like your child to have be an Indian citizen, you have to register at the Indian embassy. Please see this link for more information:

http://www.cgisf.org/contents/view/87

If you go this route, you may (technically) need to obtain an H4 visa for your child assuming you have an H1B visa. You cannot, as it says, have applied for US citizenship for your child.

That said, as your child will be born in the US, they will automatically be eligible for US citizenship by birthright as specified in the 14th amendment of the constitution, regardless of the nationality of the parents. This means that you can apply for a US passport at any time, as you will have the US birth certificate. You can find more information about applying from the state departments site:

http://travel.state.gov/passport/get/minors/minors_834.html

the US allows for people to have dual nationality, however India does not.

I hope this helps.
> 60 days ago

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