USA Visa for USA born Kid


pacificjak

Recommended Posts

 My child was born in USA ,while we were on H1-H4 Visa.We took Indian passport for my US born kid and now we are back in India. We are travelling again to USA and looking to find ways to get USA H-4 Visa for my USA born Kid. I was aware that USA embassy does not issue visa to USA born kid and only way is to get USA passport. Untill now I was not clear how Indian government will treat this situation where minor having Indian and USA passport . I came across this link on timesofindia where a Indian diplomat(Devyani-Khobragade) has employed this trick successfully.  I am not sure how to handle this situation. The child has the right to travel to USA and no government should put restrictions

 

http://timesofindia.indiatimes.com/india/With-India-US-ties-on-an-upswing-Devyani-Khobragade-finds-herself-abandoned/articleshow/45465051.cms

 

"Under extant Indian laws, my children are entitled to dual citizenship until 18 years of age. As their father is an American national, as per US laws, my children are also US citizens and will remain so unless they decide to renounce that citizenship after acquiring an appropriate age. They had to acquire US passports despite having Indian passports as the only travel document available to my children to travel to the US. No country gives visas to their own citizens. Therefore, the US passports were being used by them only as a visa/travel document to visit the US. This is permissible and even advised by FRRO"

Link to comment

I was surprised at her statement. Indian law as far as I know does not allow dual citizenship. Having two passports of different nationalities is an offense. Anyhow you know what type of person she is, what offense she committed in US and how she ran away from justice. I would suggest you to approach US consulate and ask for a US passport for your kid. Surrender your kid's Indian passport to Indian passport authorities.

Link to comment

“The Indian Citizenship Act, 1955, does not allow dual citizenship. Holding Indian passport/acquiring Indian passport/travelling on Indian passport after acquisition of foreign citizenship constitutes an offence under the Indian Passport Act, 1967, and attracts penalties. The Government of India has prescribed imposition of penalty on a graded scale, depending on number of trips made on Indian passport after acquiring foreign nationality, for the violation of Passport Rules and retention of Indian Passport for more than 3 years after acquiring of foreign nationality.”

 

Her children are in clear violation of passport act of India. Do not follow footsteps of an offender who willfully dodged justice and now being investigated in India for a scam.

Link to comment

The child has to get a US passport to travel to the US.

That means the Indian citizenship becomes invalid, and the Indian passport can not be used anymore.

 

My understanding is that under some strange "don't ask, don't tell" rule, the child can have both US and Indian citizenship up to the 18th birthday, but only if the child does not have a US passport.

Link to comment

The child has to get a US passport to travel to the US.

That means the Indian citizenship becomes invalid, and the Indian passport can not be used anymore.

 

My understanding is that under some strange "don't ask, don't tell" rule, the child can have both US and Indian citizenship up to the 18th birthday, but only if the child does not have a US passport.

JoeF, correct me if I am wrong. This strange stand is taken not by India but by other foreign countries. I have seen some cases in UK. But, according to Indian law it is not allowed.

Link to comment

JoeF, correct me if I am wrong. This strange stand is taken not by India but by other foreign countries. I have seen some cases in UK. But, according to Indian law it is not allowed.

 

I don't know Indian law, I just picked that up in forums.

The UK has changed their laws a few years back so that somebody born in the UK is not necessarily automatically a British citizen.

But somebody born in the US to UK parents would have both US and UK citizenship, and can keep that for life. Same with at least all the other big countries in the EU.

Link to comment

see latest news about that Khobragade lady, GOI has taken action against her for not disclosing  American citizenship of her daughters. Do not believe fraud people like her. Now for not disclosing that her children have US passports she is facing a vigilance inquiry over the issue,

Now you know how successfully she has applied the "trick".

Link to comment

see latest news about that Khobragade lady, GOI has taken action against her for not disclosing  American citizenship of her daughters. Do not believe fraud people like her. Now for not disclosing that her children have US passports she is facing a vigilance inquiry over the issue,

Now you know how successfully she has applied the "trick".

 

The funny thing is of course that lots of people from India believed her when the accusations of mistreatment of her maid came out.

All these people now have egg on their face.

I hope the next time people don't just automatically think the US authorities are wrong. They often turn out to be right, once the dust settles.

I remember that during the TVU case, the Indian government falsely claimed that all the people who signed up with that fraud were innocent... Of course they were not. They all knew that TVU was a fraud...

Link to comment

The funny thing is of course that lots of people from India believed her when the accusations of mistreatment of her maid came out.

All these people now have egg on their face.

I hope the next time people don't just automatically think the US authorities are wrong. They often turn out to be right, once the dust settles.

I remember that during the TVU case, the Indian government falsely claimed that all the people who signed up with that fraud were innocent... Of course they were not. They all knew that TVU was a fraud...

 

With due respect, the problem is not that people believed her or not, it was the way she was treated. An affront to a diplomat is usually perceived as an affront to the respective country. They could have simply arrested her and released her on her own recognizance. Or the US DoS could have declared her persona non grata, A grandstanding by the US Attorney was unwarranted and put diplomatic relations in unnecessary jeopardy, The whole episode did culminate with India PNG-ing a US diplomat and his spouse, withdrawing many (often unilateral) privileges to US diplomats and the resignation of the US ambassador to India. 

 

India could have also reacted a lot differently. At a minimum, as soon as the US authorities put forward some issues. she should have been recalled until the whole issue was settled. This would have made the resolution a whole lot easier and amicable. Interestingly, her current situation is also due to some remarks she made in the press about US that the Indian Ministry of Foreign Affairs though would jeopardize bilateral relations.

Link to comment

With due respect, the problem is not that people believed her or not, it was the way she was treated. An affront to a diplomat is usually perceived as an affront to the respective country. They could have simply arrested her and released her on her own recognizance. Or the US DoS could have declared her persona non grata, A grandstanding by the US Attorney was unwarranted and put diplomatic relations in unnecessary jeopardy, The whole episode did culminate with India PNG-ing a US diplomat and his spouse, withdrawing many (often unilateral) privileges to US diplomats and the resignation of the US ambassador to India. 

 

India could have also reacted a lot differently. At a minimum, as soon as the US authorities put forward some issues. she should have been recalled until the whole issue was settled. This would have made the resolution a whole lot easier and amicable. Interestingly, her current situation is also due to some remarks she made in the press about US that the Indian Ministry of Foreign Affairs though would jeopardize bilateral relations.

 

Ok, let's just say both sides could have handled the situation better...

Link to comment

With due respect, the problem is not that people believed her or not, it was the way she was treated. An affront to a diplomat is usually perceived as an affront to the respective country. They could have simply arrested her and released her on her own recognizance. Or the US DoS could have declared her persona non grata, A grandstanding by the US Attorney was unwarranted and put diplomatic relations in unnecessary jeopardy, The whole episode did culminate with India PNG-ing a US diplomat and his spouse, withdrawing many (often unilateral) privileges to US diplomats and the resignation of the US ambassador to India. 

 

India could have also reacted a lot differently. At a minimum, as soon as the US authorities put forward some issues. she should have been recalled until the whole issue was settled. This would have made the resolution a whole lot easier and amicable. Interestingly, her current situation is also due to some remarks she made in the press about US that the Indian Ministry of Foreign Affairs though would jeopardize bilateral relations.

What the US did was absolutely the good thing to do ( not concerned with diplomatic protocol). India reacted stupidly only because of the pull this lady had with former govt. Now that the tables have turned she should face the music.

When you are representing your country( diplomats, politicians, all officers) you should not give the slightest chance for fingers to be pointed at you as it reflects directly on the millions of countrymen here and paints us with the same brush.

Link to comment

Ok, let's just say both sides could have handled the situation better...

 

Exactly. What bothered me was that Indian government service rules clearly outline procedures for these kinds of cases: transfer the concerned officer to a similar position (no loss of pay, seniority etc) until the case if fully resolved. Well, just google the concerned official's name and the details will spill.

Link to comment
  • 1 month later...

Archived

This topic is now archived and is closed to further replies.