karthikonh1 Posted August 16, 2017 Report Share Posted August 16, 2017 Hello, My son was born in the USA but as you know as per Indian law, we can't hold both US passport and Indian passport. We would like to get a Indian passport for him as we would like to move to India in the near future and also not sure I can afford the cost of his studies as NRI until he turns 18 years old. 1. If I get Indian passport for my US born, can he get US visa (dependent visa) to enter US until we move back to India? 2. I would appreciate and would be helpful, if you are able to provide the benefit of having US citizenship or Indian Citizenship. Please advise. Thanks in advance Quote Link to comment
pontevecchio Posted August 16, 2017 Report Share Posted August 16, 2017 Based on jus Solis, he is an US Citizen. He cannot realistically get an US Visa . Any solution would mean he cannot visit the USA till he is adult . Why would you bother about the situation 15 years down the line? What about OCI which would make the child's visits to India easier while holding an American Passport. Sitting on the fence can be injurious to ones health. Obviously if your American Earnings could be duplicated in India, it would make it unlikely that you would migrate. A question for an Immigration lawyer here and in India as to the best approach. Quote Link to comment
JoeF Posted August 16, 2017 Report Share Posted August 16, 2017 He can NOT get a US visa. As per US laws, he is a US citizen, even if he doesn't have a US passport, and visas are only for non-US citizens. US citizens need a US passport to enter the US. Quote Link to comment
karthikonh1 Posted August 17, 2017 Author Report Share Posted August 17, 2017 Thanks JoeF and pontevecchio for your response. I understand he is US citizen by birth, but I am little confused about the below situation. One of my neighbor's son born in the US but looks like he got Indian passport in the USA and got an dependent visa (L2) and entered into US couple of times. As far as I heard, most of them got US passport and OCI to visit India. Hence the above situation confused me as everyone would like to get citizenship of their host country if they want to move permanently. please share your thoughts if you have any. Thanks in advance Quote Link to comment
pontevecchio Posted August 17, 2017 Report Share Posted August 17, 2017 Why not talk to that neighbor? Quote Link to comment
JoeF Posted August 17, 2017 Report Share Posted August 17, 2017 A US citizen can not get a US visa. If this kid really got a US visa, then the parents must have used a fake birth certificate, falsely claiming the child was not born in the US. Quote Link to comment
Shurap1 Posted August 17, 2017 Report Share Posted August 17, 2017 I think your son will need to renounce US citizenship and apply for India citizenship to get Indian Passport. Once this done, he should be able to apply for US visa. Just wondering if you had firm mind of returning back to India, why have you not planned child birth in India? You could have avoided all this hassle. Quote Link to comment
JoeF Posted August 17, 2017 Report Share Posted August 17, 2017 4 hours ago, Shurap1 said: I think your son will need to renounce US citizenship and apply for India citizenship to get Indian Passport. Once this done, he should be able to apply for US visa. Just wondering if you had firm mind of returning back to India, why have you not planned child birth in India? You could have avoided all this hassle. It is not possible for a minor to renounce US Citizenship, nor can the parents do that. Once the child turns 18 the child can make the decision by himself to renounce or not renounce US Citizenship. Quote Link to comment
pontevecchio Posted August 17, 2017 Report Share Posted August 17, 2017 By all means discuss this with a lawyer. The basic fact is he can get an Indian Passport and not return here till he is adult. The GOI adopts the pragmatic approach to this matter by basically ignoring the requirement that an Indian Citizen cannot have double citizenship in cases such as these. Please let us know what happens eventually. Quote Link to comment
karthikonh1 Posted August 19, 2017 Author Report Share Posted August 19, 2017 (edited) Thanks guys for your responses. I have checked with local USCIS office as well to make it clear myself and avoid future issues. This is what I learned from my overall study. US born child 1. can get Indian passport (by registering birth + declaring, the child does not hold any foreign passport) and leave US but he can't reenter with it 2. can't be issued any US visa as he is US citizen by birth (https://in.usembassy.gov/u-s-citizen-services/passports/frequently-asked-questions/) 3. can reenter US with US passport, but he need to lose Indian citizenship and passport 4. if someone wants to move to India and no plan to come back to USA, they may go for Indian passport. Once the child turns 18, he/she may decide which one he/she want 5. if someone wants to reenter US after visiting India, then US passport + OCI is the option Edited August 19, 2017 by karthikonh1 Quote Link to comment
pontevecchio Posted September 13, 2017 Report Share Posted September 13, 2017 To set the fact straight, 1. True. It is the Indian Governments remit. The USCIS does not influence Indian Law. 2. True. 3. NOT TRUE. It is the INDIAN government which does not allow double citizenship. The USA is fine with that. 4. Again none of the USCIS business. You have been asking questions to USCIS which were best directed at the Indian Embassy. 5. A straightforward INDIAN 10 year visa takes care of returning. This is what we do and we were Indian Citizens who Naturalized in the USA. As an Indian Citizen your recourse would be to seek guidance from the Indian Embassy. Quote Link to comment
debuggsingh Posted April 16, 2020 Report Share Posted April 16, 2020 So once the child is Born in US, and gets an Indian Passport while living in US, he doesn't need any Visa still ? He can stay in USA with an Indian passport ? Quote Link to comment
newacct Posted April 19, 2020 Report Share Posted April 19, 2020 On 4/16/2020 at 3:03 PM, debuggsingh said: So once the child is Born in US, and gets an Indian Passport while living in US, he doesn't need any Visa still ? He can stay in USA with an Indian passport ? The child is a US citizen, and can stay in the US indefinitely. Quote Link to comment
pontevecchio Posted April 30, 2020 Report Share Posted April 30, 2020 debuggsingh needs to provide actual facts to avoid GIGO. Maybe start another thread with specifics. Quote Link to comment
JoeF Posted May 1, 2020 Report Share Posted May 1, 2020 (edited) On 4/19/2020 at 2:04 PM, newacct said: The child is a US citizen, and can stay in the US indefinitely. Yeah, that has been explained over and over, in this thread and others... 14th Amendment to the US Constitution. A child born in the US under US jurisdiction (that excludes children of diplomats) is a US citizen. Getting a passport from another country does not change that fact. Edited May 1, 2020 by JoeF Quote Link to comment
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