Indian Citizenship for US Born Child (Benefits, Problems?)

US born kid is US citizen. Indian Embassy allows getting Indian passport but kid decides citizenship after turning 18. Parent cannot renounce kid's US citizenship.

Anil Gupta
  By Anil Gupta    Updated  27 Jul, 20


A child born in US is automatically eligible for US citizenship. Most Indian H1B workers are happy to see their newly born kid become citizen while they wait in long green card queues.

But, there are some people who think otherwise and instead want their kid to have Indian citizenship.

Note that by default:

  • The kid is a US citizen by birth even you explicitly apply for his Indian passport.
  • Passport is just a travel document and not proof of citizenship.

The process of getting Indian citizenship is easier if you do not apply for a US passport after your kid’s birth in the US. The procedure is a bit different if your kid has already got his/her US passport.

Do I need an Indian Visa for US born Child?

You need an Indian visa for a US-born child to travel to India if the kid has a US passport.

Can a US born kid get US visa?

The US-born kid is given US citizenship automatically.

US citizens do not need a US visa to travel to the US.

How can i get Indian Passport for US born kid?

The easiest way is to apply an Indian passport for your US-born kid after birth. Do not apply for a US passport.

The Indian passport is issued by the Indian embassy in the USA.

Can Indian Embassy Issue Indian Passport for US born Kid?

Indian embassy can issue Indian passport for US-born kid if parents sign a declaration that kid does not hold any other passport including a US passport.

Will US born kid need US visa to enter US?

If the US-born kid has an Indian passport, then he would need a US visa to enter the US.

If the child has a US passport, then there is no US visa required.

Note that airlines and Indian exit immigration checks will not let the child fly out of India unless they have a valid US visa or a US passport.

Do I need to register birth with Indian Consulate?

You should register your US-born kid’s birth with Indian consulate if you want an Indian passport for him.

How to get Indian Passport?

It is mandatory to register your child’s birth in the USA with the Indian embassy that has jurisdiction over your current residential address in the USA.

Example:

  • If you are living in California, then SFO Indian embassy will serve you.
  • Similarly, if you have a residence in Dallas, Texas, you should register the birth with Houston Indian Embassy.
  • The North-East states like Massachusetts, Vermont come under the jurisdiction of New York Indian Consulate.

You should start the new passport process on CKGS website as they are the official third party service provider for getting Indian passport.

CKGS Indian passport for minor born in USA
CKGS Indian passport for minor born in USA

Both the parents should sign a declaration of non-acquisition of a U.S nationality by the child and consent to issue of an Indian passport to the child.

This form will be provided by CKGS and you will it online while filling Passport application. You will just be required to print the already filled form and submit it with the passport application.

Documents required for Child’s Indian Passport:

In addition to the documents for a Passport Re-issue for Minor, you will need to submit the following documents:

  • Application Form duly filled in and countersigned by both parents.
  • Copy of the record of landing or immigration document/PR card of the parents.
  • Copy of the birth certificate of the child showing the names of the parents.
  • Affidavit for change in the appearance of the child.

Dual Citizenship – India & USA?

India does not support dual citizenship at this time.

Note that even though US-born kids can get US passport, they also get an option to choose either Indian or US citizenship as and when they turn 18.

Take US born Child to India

You can take your US-born child to India with a valid Indian passport. The Indian immigration will legally stamp the entry stamp.

The child can stay in India as long as they want as they have an Indian passport without needing to register with the Indian police station.

The child turns 18 and gets to decide if he wants US citizenship or not. The child, who is now an adult, can legally renounce US citizenship in the US consulate in India.

Imagine if the same person now wants to move to the US by marrying a US citizen. This person will have to file the US green card through family quota again.

US Citizenship

Pros

#1 Green Card Sponsorship

H1B and L visa workers from India face a long and unending backlog for US green cards.

Their US born kid, who becomes a citizen by birth can sponsor their H1B parent’s green card in the immediate family green card category after 21 years of age.

Note that immediate family members have no waiting and no need to keep checking the Family-based visa bulletin.

Cons

Why is US citizenship not a good option for a kid born in the US to Indian Parents?

Here are the things that people have considered in the past to explicitly give away their US citizenship.

#1 US Income Tax

You like it or not, US citizen has to pay income tax on his global income irrespective of their place of residence.

If your US citizen kid has moved out of the US or is in India, he will still be liable to pay US income taxes.

#2 NRI School, College fees in India

Since your kid is a US citizen, they have to pay higher fees in Indian schools and government colleges.

By default, he will be counted under the NRI quota at every state and central government institution.

He will also not be eligible for Indian government services and jobs.

#3 Expatriation Tax by US government

Your US citizen kid will have to pay tax on all his wealth if he wants to renounce his US citizenship after growing up.

This may only matter to kids who turn up millionaires after growing up though.

#4 Register for American military services

Your kid will have to be registered for American military services and if selected, he or she may have to perform mandatory services.




Author

Anil Gupta
  By Anil Gupta           

Recent discussion on forum

  1. ch_dinakar
    ch_dinakar

    Hello Anil,

    I appreciate you taking time to talk about this subject as there isn’t much information out there online on this subject. I however had a few questions i was hoping to find answers for. I was browsing through an indian embassy website and found a form that helps with the registration of Baby’s birth with the Indian embassy. There’s a section where it states “PLEASE REGISTER THE FOLLOWING CHILD/CHILDREN NAME(S) AND ISSUE BIRTH CERTIFICATE(S) TO THEM AS
    INDIAN CITIZENS.” and the link to the form.

    If i read it right, it allows for an indian citizen parent to get his/her child registered as an Indian Citizen.

    1. So, does it mean the baby going to acquire an Indian citizenship once she gets an Indian passport ?

    2. If that’s the case, is she therefore going to lose US citizenship ?

    3. Is the baby going to need a dependent H4 visa on her Indian passport to legally stay in the USA ?

    4. If she’s out of the country, does she need a US Visitor visa(B1/B2) to come back to the US ?

    Thank you


Comments are closed. Ask question on Forum