NRI - US Born Child to H1B Indian Parents


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I hope someone can answer this query.


I am on H1B visa and my wife on H4 visa staying in Chicago.

My wife is pregnant and we had few concerns for the child being born in US. 


1) After the child's birth, we will be moving back to India. So will the child be treated as an NRI or Indian citizen ?

2) I read in the forums that we shouldn't get US passport, instead get Indian Passport. Is this correct ? Does the child still have the right to choose after 18 yrs which citizenship he/she needs if we get Indian Passport ?

3) We will have to book a flight ticket to India for the new born child. So without US passport can he still travel ? Do I have to apply for Indian Passport for the child while in US and then travel to India ? If yes then only Indian Passport is enough or do I have to take some Visa as well for the child ?


Would really appreciate any help!

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Yes, You get an Indian Passport for the child and your child will be Indian and not NRI though WHAT DIFFERENCE does it make? The world will be different when the child goes to College. You are an Indian Citizen and hence should get information from your Embassy and Lawyers dealing with this matter in India. You can get an Indian Passport for the child and not apply for AN US PASSPORT. Jus Solis says he will be able to apply for an US passport once Adult should he choose. I doubt he will want anything to do with the aftermath of TRUMP World.

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Above post is completely incorrect information.

If your child is born in USA then your child will not be allowed to travel to any country without USA passport and at least temporary visitor VISA.

If child is born in USA then next second onwards belongs to USA citizenship.

steps to follow:

1.  In the hospital itself you have to provide all the parents and new born baby name details then they will process and sent the information to county or any gov office who can provide date of birth certificate. For date of birthe certiifcate you have to apply in online. Hospital will provide those details.

2.  After you got Birth Certiifcate then you have to apply for US passport.

3. next either you an apply temporary visa or OCI card.

That's all.






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The previous post is ABSOLUTE rank errant nonsense.  Jus solis is not thrust upon somebody. Indian embassy guidelines let you have an Indian Passport for the child involved. Please stop your nonsense now when you have time. An Indian child born wherever and with an Indian Passport can ABSOLUTELY return to India. irresponsible AND untrue RESPONSES LEND NO CREDIBILIT TO THE FORUM.

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3 hours ago, sdpard said:

As per my understanding, you can choose for the child to have either Indian or US citizenship. But, if you want to go to US later or want to do anything related to US, child will need a US passport. Under US law, child is a US citizen.

The child is a US citizen. Nobody can change that except the child himself/herself when the child is an adult.

In particular, the parents can NOT choose the child's citizenship.

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  • 1 month later...

My husband and I were on H1b when our daughter was born here in US. We applied for Indian Passport and received it. You have to show that you did not take US Passport (Notarized Statement) here. I came on to H4 status after her born. We applied for H4 for her as well but it was rejected reason given she is US citizen and does not require visa. Upon discussing this matter with attorneys, we were  advised that she can chose US citizenship when she is adult (21) but she will have to give up Indian Passport as India does not allow dual citizenship. She's been living in India for last 5 years and her Indian passport was renewed in India also. This is very first hand experience.

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Actually, not totally correct.

What is correct is that under US law, the child is a US citizen. 14th Amendment to the US Constitution. A US citizen can never get a visa to the US nor does a US citizen need a US visa. A US citizen living abroad who wishes to travel to the US needs a US passport. That's why it isn't possible for your child to get an H4 visa.

When a US citizen is an adult (age 18 or older, not 21), the US citizen can in his or her free will give up US citizenship.

And India has this rather weird "don't ask don't tell" policy, where they ignore that a child born in the US is a US citizen, and just pretend that if the child doesn't have a US passport, somehow it is not a "real" US citizenship. Only with this "don't ask don't tell" stuff do they allow dual citizenship, by giving the child an Indian passport. It is my understanding that this rule only applies until the child turns 18, then the child would not be allowed to have dual citizenship anymore.

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