US Born with indian passport

[kspec]

Hi, my baby was born in US and i got a indian passport for her because we are planning to go back to india for good. Will this affect her in any way coming to US Later. can she apply for a US passport from india and enter US with a US passport in the future when she is 18 yrs.

 

Thanks

 

[JoeF]

Hi, my baby was born in US and i got a indian passport for her because we are planning to go back to india for good. Will this affect her in any way coming to US Later. can she apply for a US passport from india and enter US with a US passport in the future when she is 18 yrs.

 

Thanks

Getting a US passport would be the only option for the child if the child wants to travel to the US at any point in the future.

It is my understanding that at that point, the Indian passport would become invalid.

[kspec]

thanks joef for the prompt reply.

 

At that point is the birth certificate enough to get the passport.

 

Also is it ok for her to enter india with indian passport and exit india with US passport i think india has immigration on entry and exit.

 

thanks again

[kspec]

I meant is birth certificate enough to get the US passport from india.

 

thanks

Kannan

[cap-gap]

 

Also is it ok for her to enter india with indian passport and exit india with US passport i think india has immigration on entry and exit.

 

don't push it..as soon as somebody obtains other PP, indian PP should be surrendered otherwise it is a criminal offense...

 

PS: who knows how the rules are going to change in 18 years..

[simar]

Hi, my baby was born in US and i got a indian passport for her because we are planning to go back to india for good. Will this affect her in any way coming to US Later. can she apply for a US passport from india and enter US with a US passport in the future when she is 18 yrs.

 

Thanks

How did your child got Indian passport since born in US?  Kids born in US are US citizens by birth.... and there is no dual citizenship procedure of US with India....

[jairichi]

How did your child got Indian passport since born in US?  Kids born in US are US citizens by birth.... and there is no dual citizenship procedure of US with India....

I agree that there is no dual citizenship between US and India. By birth the baby is an US citizen. But, at birth the parents decide which citizenship they want for their baby and apply for a passport of that nationality.

[nineballs]

I think the problem is how do you find out the citizenship. as per US laws, the baby born on US land will always be a US citizen, even if he acquires Indian citizenship from his parents. Acquiring Indian passport doesn't stop the US born baby to be a US citizen.

And, as per Indian laws, India considers citizenship by passport. So, a new born in US with Indian passport is considered Indian citizen but a Indian baby born in US with US passport is considered US citizen. This is because India does not allow dual citizenship.

However, a baby born in US with Indian passport is a US citizen from US perspective and Indian citizen from Indian perspective. From US perspective, you can have a US passport and Indian passport at the same time but from India perspective, you must surrender one of them. Hope it helps.

[JoeF]

I agree that there is no dual citizenship between US and India. By birth the baby is an US citizen. But, at birth the parents decide which citizenship they want for their baby and apply for a passport of that nationality.

No, the parents can NOT decide that.

A child born in the US is ALWAYS a US citizen, if the parents like it or not.

India just has some weird "don't ask don't tell" policy which in certain instances allows a minor US citizen to get an Indian passport.

[chakrakr]

I fail to understand why people who have no clue about Indian law try to act as an expert in this area.   India does not have any Don't ask Don't Tell policy .

India does recognize  foreign citizenship of a child but mandates that a Indian Passport can be issued only if the child does not posses a foreign passport. 

Here is the text from Indian Citizenship Act (http://mha.nic.in/pdfs/ic_act55.pdf) --

(1A) A minor who is a citizen of India by virtue of this section (note from poster --- they are referring to minor who got citizenship by descent) and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of attaining full age

 

It is definitely not more weired than the US Naturalization Oath where one is required to say "I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state or sovereignty,"   while knowing fully well that the person might be possesing alliagnce to anothe country (Dual Citizenship)

[cap-gap]

India just has some weird "don't ask don't tell" policy 

absolutely not!! if one has ever applied for US passport, it should be absolutely disclosed and indian PP will be denied to such person..not revealing such information is criminal offense..

[cap-gap]

And, as per Indian laws, India considers citizenship by passport.

not really..for a person born in india and living india it is not necessary to have PP to prove indian citizenship..

[nineballs]

not really..for a person born in india and living india it is not necessary to have PP to prove indian citizenship..

I thought it was a given. I was, of course, talking w.r.t. immigration.

[JoeF]

I fail to understand why people who have no clue about Indian law try to act as an expert in this area.   India does not have any Don't ask Don't Tell policy .

India does recognize  foreign citizenship of a child but mandates that a Indian Passport can be issued only if the child does not posses a foreign passport. 

Here is the text from Indian Citizenship Act (http://mha.nic.in/pdfs/ic_act55.pdf) --

(1A) A minor who is a citizen of India by virtue of this section (note from poster --- they are referring to minor who got citizenship by descent) and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of attaining full age

 

It is definitely not more weired than the US Naturalization Oath where one is required to say "I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state or sovereignty,"   while knowing fully well that the person might be possesing alliagnce to anothe country (Dual Citizenship)

I fail to understand why you fail to understand things...

This "mandates that a Indian Passport can be issued only if the child does not posses a foreign passport" *IS* the weird "don't ask don't tell" policy that I am talking about.

If a US citizen, even a US citizen child travels out of the US, the US citizen needs to have a US passport.

Such a person can then not get an Indian passport, unless the parents lie about it.

[chakrakr]

I fail to understand why you fail to understand things...

This "mandates that a Indian Passport can be issued only if the child does not posses a foreign passport" *IS* the weird "don't ask don't tell" policy that I am talking about.

If a US citizen, even a US citizen child travels out of the US, the US citizen needs to have a US passport.

Such a person can then not get an Indian passport, unless the parents lie about it.

 

There is NOTHING weird in this  policy.   The policy is IF you did not apply for a foreign passport you can apply for a Indian Passport.   It is probably just like your seeing "fishy" syndrome.

 

 

 

   I suggest you better try to untangle the wired  Naturalization Oath of your adopted home land where you  say that you are renouncing all allegiance to any foreign Soverignty but still maintain citizenship (and hence allegiance)  to a foreign country.    Probably will be easier for you to understand since you possibly know a bit of law of your adopted homeland 

[chakrakr]

I fail to understand why you fail to understand things...

This "mandates that a Indian Passport can be issued only if the child does not posses a foreign passport" *IS* the weird "don't ask don't tell" policy that I am talking about.

If a US citizen, even a US citizen child travels out of the US, the US citizen needs to have a US passport.

Such a person can then not get an Indian passport, unless the parents lie about it.

 

 

BTW  I have one more suggestion for you .  If you have problem with some law of India  ,  be a citizen of India and work to change  it ... the same advice which you give to anyone who complains about US law .

[cap-gap]

 

This "mandates that a Indian Passport can be issued only if the child does not posses a foreign passport" *IS* the weird "don't ask don't tell" policy that I am talking about.

If a US citizen, even a US citizen child travels out of the US, the US citizen needs to have a US passport.

 

Such a person can then not get an Indian passport, unless the parents lie about it.

thousands of children born to indian surrogate mothers in India , on behalf of American parents(mostly same sex couples) are transported out of India on US passports....speak of hypocrisy!!!

 

There is no lie...the birth place is clearly noted on the Indian PP of the child leaving US..

[nineballs]

I fail to understand why you fail to understand things...

This "mandates that a Indian Passport can be issued only if the child does not posses a foreign passport" *IS* the weird "don't ask don't tell" policy that I am talking about.

If a US citizen, even a US citizen child travels out of the US, the US citizen needs to have a US passport.

Such a person can then not get an Indian passport, unless the parents lie about it.

I agree with you on this. I am an Indian citizen and agree that this mandate by the Indian government is weird.

On one hand, they say that India doesn't allow dual citizenship and on the other hand, they will issue Indian passport to kids born in the US to Indian parents, if they don't have the US passport, Clearly making those kids dual citizens. US never stops considering the US born kids as US citizens, just because they acquire Indian passport.

[JoeF]

thousands of children born to indian surrogate mothers in India , on behalf of American parents(mostly same sex couples) are transported out of India on US passports....speak of hypocrisy!!!

 

There is no lie...the birth place is clearly noted on the Indian PP of the child leaving US..

Huh?

What does that have to do with this issue here???

No arguments, eh???

 

A US citizen has to have a US passport when traveling out of the US. Are you really advocating that the parents break the law???

If the parents didn't want US citizenship for the child, they could have arranged for the birth to happen outside the US. The birth didn't just sneak up on them, after all...

Just call it what it is: trying to have the cake and eat it, too. Doesn't work.

[cap-gap]

I agree with you on this. I am an Indian citizen and agree that this mandate by the Indian government is weird.

don’t make conclusions without the knowledge of complete facts..one can claim right to citizenship by many ways..by birth, thru parents citizenship or even grandparents for that matter , or by marriage etc..

 

India is honoring the right of the child to claim indian citizenship based on child’s parents nationality even if the child is born outside the country…just as US gives citizenship to the child of same sex US citizens, born in India to an Indian surrogate mother..

 

India could not care less what US citizenship laws state..it only cares for the intent of the individual applying ofr citizenship..in this case parents of minor child..

[chakrakr]

I agree with you on this. I am an Indian citizen and agree that this mandate by the Indian government is weird.

On one hand, they say that India doesn't allow dual citizenship and on the other hand, they will issue Indian passport to kids born in the US to Indian parents, if they don't have the US passport, Clearly making those kids dual citizens. US never stops considering the US born kids as US citizens, just because they acquire Indian passport.

 

Did you ever read the Passport Act ? Probably you never even heard of it :)

 

India "recognizes" dual citizenship of the child (this is one of the exceptions) .     However,  it still enforces one passport policy.  

 

BTW,  they do not issue Indian Passport only to   "kids born in the US to Indian parents"  .  Indian issues passport to kids born in ANY foreign country to Indian Parents.   It has nothing to do with US  .  Any sovereign country doesnot and cannot frame its internal rules based on what happens in a foreign country. 

 

The policy largely help children born in most of the countries of the World including most EU nations where jus solis does not exist.  Per wiki,  "Jus soli is observed by a minority of the world's countries ......only 30 of 194 country observe jus soli".

 

If US want to enforce its passport law,  it is up to US.  

[chakrakr]

 

 

India could not care less what US citizenship laws state..it only cares for the intent of the individual applying ofr citizenship..in this case parents of minor child..

 

Exactly.  And if US cannot enforce its own Passport laws it makes little sense it is their problem. 

[chakrakr]

A US citizen has to have a US passport when traveling out of the US. Are you really advocating that the parents break the law???

 

Why don't you ask your lawmakers to enforce the law ?  Setup Emigration check and verify passport ?  If you cannot enforce your own internal law,  do not be a cry baby begging every other country to change their law.

[JoeF]

India is honoring the right of the child to claim indian citizenship based on child’s parents nationality even if the child is born outside the country

Not quite.

If they would do it like the US, they would not care if the child has a passport from some other country. That's how pretty much every other country does these things.

Until they do that, I continue to call it a weird "don't ask don't tell" policy.

[chakrakr]

Not quite.

If they would do it like the US, they would not care if the child has a passport from some other country. That's how pretty much every other country does these things.

Until they do that, I continue to call it a weird "don't ask don't tell" policy.

 

Anybody can say anything.  Does not mean India need to  listen  

 

BTW,   did you consider becoming an Indian Citizen and working towards changing the law to yoru liking :)