Documents for a US Born Child with Indian passport to enter the US


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I have been in the US for 10 years. Last year, me and my wife got a US Green Card in EB-1 category. Both I and my wife are Indian citizens. We had a baby in April 2016 in the US and we have a US birth certificate and SSN for her.


We want her to  be an Indian citizen and registered her birth in the Indian Embassy to get an Indian passport for her.


We plan to visit India with the baby for a couple of months in Jun-July and return to US to resume my job. What documents do I need for the baby to enter the US?


Is there a way to get a green card for her? In which category should I apply?




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You will need to get the baby an US Passport. The baby is a US Citizen as things stand and will need an US Passport to enter the USA. It is a tad naïve to think in terms of a GC now.  The facility for getting an Indian Passport was meant for returning Indians. Once Adult, the baby can decide on Citizenship matters.

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To make it clear once again:

A child born in the US is a US citizen, as per the US Constitutions.

It doesn't matter if you get a passport from another country for the child, the child still is a US citizen.

A US citizen needs a US passport to enter the US.

Even if the US citizen has other passports as well, the US citizen needs to have a US passport to enter the US.

That's all there is to it.

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This doesn't make any sense. Your daughter is a US Citizen and you want to renounce that citizenship, so why you want her to have a GC now??


It doesn't work, anyway.

A parent can not renounce a child's US citizenship. The child, once 18 and an adult, can renounce his or her US citizenship if the child desires so.

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The OP is also advised to get legal advice from a Lawyer so that his doubts can be officially answered. Talk to the firm of Murthy. Obviously a government is not going to prosecute a baby for entering on an US Passport. Entering on a foreign passport is grounds for termination of US citizenship. Unfortunately the relevant person is a child. Did you actually bother to consult a Lawyer before or during the fact? Help yourself and at least talk to a Lawyer and LET US know in broad specifics what transpired about the Indian Passport.

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Entering on a foreign passport is grounds for termination of US citizenship.


Actually, no. That is simply not true. It will lead to delays, possibly days, until they can determine that the person is indeed a US citizen. It also would result in fines.

Losing US citizenship, in particular for a born US citizen, is pretty much near impossible.

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In this case, the airline wouldn't even let the child on board withouta US passport. The Indian passport doesn't have a visa, so that is out as well.

The ONLY option is to get a US passport for the child. Period.

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