US Born with indian passport

[JoeF]

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 :)

Sure, India can do their laws as they see fit.

As can the USA.

And that means that a child born in the US traveling out of the US needs a US passport. No but or if.

If India doesn't want to give an Indian passport to the child then, that's India's prerogative. However, that doesn't mean that the parents can violate US law when they travel out of the US with the child.

 

The bottom line is that it is not practical to get an Indian passport for the child. It would just be a waste of money. The parents have to get a US passport for the child when want to travel with the child out of the US, which invalidates the Indian passport. Getting an Indian passport for the child would only be practical if the parents don't travel with the child out of the US until the child turns 18...

[nineballs]

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..

The point I am trying to make is that India says that it doesn't allow dual citizenship and then on the other hand issues Indian passports to US born kids to Indian parents (who haven't yet applied US passport).

If India seriously doesn't allow dual citizenship, then they should take a firm stand on whether or not they will issue Indian passports to kids born outside of India to Indian parents.

 

Why does acquiring US passport restrict kids to acquire Indian passport? If India considers them as Indian citizens, they should issue Indian passport nonetheless. Acquiring or not acquiring US passport, doesn't change the fact that the kids born in the US are US citizens.

 

Kids, born in the US, to Indian parents continue to remain US citizens. But for some weird reasons, they can only get Indian passports if they don't get a US passport.

 

I could digest this fact but then to add to this problem, if the Indian parents don't get any passport for one year, and they don't register their kid with Indian consulate within 6 months of child's birth, India doesn't issue those kids any passport. - Now, did you know that cap-gap? India will not consider those kids as their citizens because their parents didn't register them within 6 months of their birth. They will have to be 18 years to apply for their Indian passports (if they wish to). - Did you know this too?

 

Whereas, US doesn't have any such rule. Once a child is born in the US, he continues to be a US citizen, whether he registers or not, acquires some passport or not.

[chakrakr]

Sure, India can do their laws as they see fit.

As can the USA.

And that means that a child born in the US traveling out of the US needs a US passport. No but or if.

 

It is upto US to enforce its law.  It is childish that a US Citizen is unable to make its own Government enforce a law and asking others to change law.  Fix your home mate

[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.

 

You do not even know laws of US (does WARN ring a bell :) ) nor do you know how to read CFRs and cross reference those to Code .  And you claim to know the law of EVERY country of world !!  Even  a seasoned lawyer will   not make that claim --- but you are God you know everything .... its just that you want everyone to believe all your words no matter how illogical it is. 

[cap-gap]

 

Whereas, US doesn't have any such rule. Once a child is born in the US, he continues to be a US citizen, whether he registers or not, acquires some passport or not.

i know all the rules you mentioned and can comprehend the logic behind why the rules are in place...

 

like I said already, India does not follow rules made by US(i hope u know why)..all India cares about is the rights& actions of the individual applying for indian PP..thats why those rules make perfect sense..if you dont follow those rules, that means you have 'other' intentions..

[chakrakr]

The point I am trying to make is that India says that it doesn't allow dual citizenship and then on the other hand issues Indian passports to US born kids to Indian parents (who haven't yet applied US passport).

If India seriously doesn't allow dual citizenship, then they should take a firm stand on whether or not they will issue Indian passports to kids born outside of India to Indian parents.

OK ,  let's assume India takes a "firm stand"  that it will not issue Indian PAssport to kids born outside of India.  Than what happens to the kids born in EU countries ?  In Middle East ? Africa ?  .... jus soli is practiced by just about 30 odd countries and in all other countries ,  these children will be stateless.  

 

Coming to multiple passport -- India explicitly prohibits someone to carry multiple Passport.  Carrying multiple Passport has proved to be a security threat in India (recall D company) .  In case you do not know, India  has a very high security risk from external factors and has every right to set and enforce laws to protect the country.  

 

" if the Indian parents don't get any passport for one year, and they don't register their kid with Indian consulate within 6 months of child's birth, India doesn't issue those kids any passport."

 

 

Not quite right.   The birth has to be registered within 1 year (NOT 6 months) .  Passport can be issued anytime as long as the child never had a foreign passport (no 1 year limit). 

 

 

 

"Whereas, US doesn't have any such rule. Once a child is born in the US, he continues to be a US citizen, whether he registers or not, acquires some passport or not"

 

 

True .  But US is a different country with different rules.   What about (say)  UK -- a child born in UK is not a UK citizen .  Are you and your cohorts going gung ho why UK (and about 150+ other countries)  do not grant citizenship by birth ?

[chakrakr]

@nineballs:  You are saying "US doesn't have any such rule. Once a child is born in the US, he continues to be a US citizen ...."  

 

Do you want all Indian rules to  mimic US rules.  How about starting with this -- All Indian Citizens will have to pay tax in India on their World Wide income ?  Are you with me ?

[JoeF]

@nineballs:  You are saying "US doesn't have any such rule. Once a child is born in the US, he continues to be a US citizen ...."  

 

Do you want all Indian rules to  mimic US rules.  How about starting with this -- All Indian Citizens will have to pay tax in India on their World Wide income ?  Are you with me ?

 

The fact is that a US-born child traveling out of the US has to have a US passport, and as such can NOT get an Indian passport.

Case closed.

[chakrakr]

The fact is that a US-born child traveling out of the US has to have a US passport, and as such can NOT get an Indian passport.

Case closed.

 

A US born child sure can get a Indian Passport.  That is per Indian law. When they are applying for a Indian Passport, the child has NOT obtained a US Passport.   No law is violated

 Whether you want to enforce a US law is your prerogative and you should lobby with your government for that.  

 

[JoeF]

The FACT is that a US-born child has to get a US passport when traveling out of the US.

And that means that said US-born child can NOT get an Indian passport once the child has traveled out of the US. If the parents got an Indian passport for the child before the child traveled out of the US, the Indian passport would become invalid as soon as the child gets the US passport required for the travel.

Period.

Anything else would be violation of laws. I do hope that you don't condone that.

[chakrakr]

The FACT is that a US-born child has to get a US passport when traveling out of the US.

And that means that said US-born child can NOT get an Indian passport once the child has traveled out of the US. If the parents got an Indian passport for the child before the child traveled out of the US, the Indian passport would become invalid as soon as the child gets the US passport required for the travel.

Period.

Anything else would be violation of laws. I do hope that you don't condone that.

 

What happened to your earlier argument "a US born child cannot get an Indian Passport" ? 

 

A law is ineffective till it is enforced.  One good example is speed limit.  While every freeway has speed limit (50, 65, 75 ) ,  rarely people stick to the limit.  It is VERY common to see people going 5 - 10  miles often even more over limit.    

 

Are these drivers (and that include you and I) violating law?   Sure.   So what would you say 90% of USCs are law breakers ? 

 

 

Does US enforce emigration check to validate if every USC is carrying a US passport ?  No . 

 

Also,   when parents of these children apply for a US Passport in a US consulate in India,  does US prosecute them ?  No.

 

That means,  the law is just on paper ... no one ever bother to enforce it.   Just like a speed limit of 55  in I-95  which I take from work where every person drives at least at 60  ,  many at 75 or more. 

 

So once again,   if you want to "fix" something,  put your zeal in enforcing the US law, where you will be (hopefully) heard,  rather than cribbing over law of another country. Every country makes law per their requirement and convenience rather than how it impacts another country. 

[JoeF]

The FACT is that a US-born child has to get a US passport when traveling out of the US.

And that means that said US-born child can NOT get an Indian passport once the child has traveled out of the US. If the parents got an Indian passport for the child before the child traveled out of the US, the Indian passport would become invalid as soon as the child gets the US passport required for the travel.

Period. End of story.

[JoeF]

The FACT is that a US-born child has to get a US passport when traveling out of the US.

And that means that said US-born child can NOT get an Indian passport once the child has traveled out of the US. If the parents got an Indian passport for the child before the child traveled out of the US, the Indian passport would become invalid as soon as the child gets the US passport required for the travel.

Period. End of story.

[chakrakr]

The FACT is that a US-born child has to get a US passport when traveling out of the US.

And that means that said US-born child can NOT get an Indian passport once the child has traveled out of the US. If the parents got an Indian passport for the child before the child traveled out of the US, the Indian passport would become invalid as soon as the child gets the US passport required for the travel.

Period. End of story.

I know you have some pet theories and think that repeating the same thing again and again will stop some rational and logical thoughts.

 

But,   the FACT is until and unless you enforce Passport check during exiting US,  people WILL continue to travel without having a US Passport.  If you are so passionate ,  fix your door first.  Otherwise it will just be a paper law like the speed limit in freeways which you often violate. A childish attack on other country's law does not help your cause.    I suggest stand in an International Airport and start checking passport of every passenger exiting.  That will probably give you some solace

[JoeF]

The FACT is that a US-born child has to get a US passport when traveling out of the US.

And that means that said US-born child can NOT get an Indian passport once the child has traveled out of the US. If the parents got an Indian passport for the child before the child traveled out of the US, the Indian passport would become invalid as soon as the child gets the US passport required for the travel.

Even if there is no enforcement, it doesn't mean that you can ignore the requirements.

Period. End of story.

[chakrakr]

The FACT is that a US-born child has to get a US passport when traveling out of the US.

And that means that said US-born child can NOT get an Indian passport once the child has traveled out of the US. If the parents got an Indian passport for the child before the child traveled out of the US, the Indian passport would become invalid as soon as the child gets the US passport required for the travel.

Even if there is no enforcement, it doesn't mean that you can ignore the requirements.

Period. End of story.

It is up to you if you want to keep your head buried under sand.

 

But ,  a child born in US to an Indian family  CAN and WILL travel using Indian Passport 

[JoeF]

The FACT is that a US-born child has to get a US passport when traveling out of the US.

And that means that said US-born child can NOT get an Indian passport once the child has traveled out of the US. If the parents got an Indian passport for the child before the child traveled out of the US, the Indian passport would become invalid as soon as the child gets the US passport required for the travel.

Even if there is no enforcement, it doesn't mean that you can ignore the requirements.

Period. End of story.

I find it sad that you encourage breaking the law.