cyber_007a (.) 20 March 2016

(USA) Indian citizenship by descent

Hello All,

My baby is born in USA. We both parents are Indian Citizen. Instead of appying for US Passport/OCI, we are thinking to apply for Indian passport by registering birth at nearest Indian Consulate, so when we are back to India baby is considered Indian Citizen in all fields and also higher education does not need to be under NRI category.

Per Indian Citizenship Act - (Citizenship by descent) Section 4(1A) - "A minor who is a citizen of India by virtue of his section 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"

Does that mean baby will loose Indian Citizenship at 18 ? What exactly needs to be done to continue Indian Citizenship ? When we will apply for Indian Citizenship we are already giving declaration that baby does not hold passport of any other country. Same declaration needs to be given by baby when reaches age 18 ? If yes, where / how ? No process is documented by MHA regarding this.

Note : Baby aquires US citizenship involuntary due to birth in USA.

Any suggestions will be helpful to decide whether to go for Indian PP or US PP for baby

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6 Replies

cyber_007a (.) 21 March 2016

No one has any idea ?

Vijay Raj Mahajan (Advocate) 09 June 2016

You seems to be peculiar parents who want Indian citizenship for child born in USA. Best is to get him USA citizenship by birth, get him a US passport and apply for his OCI from Indian Embassy in USA. Why you worry about the NRI status and all for child mow. This child can always choose its citizenship at the age of 18 years, if he wants to continue as US citizens he need not seek Indian citizenship but if he chooses otherwise he need to give up its US citizenship and apply for Indian citizenship than. If you make him Indian citizen now, when he grows up he'll create hell for you for not allowing his natural US citizenship by birth. Keep these sentiments with you and need not impose them on your children. I advise you not only as lawyer but a senior parent good enough of your parents age.

cyber_007a (.) 09 June 2016

I dont think by getting India Citizenship by descent baby is giving up US Citizenship. Baby can always get US passport (But has to surrender Indian PP). It is just that one is keeping baby as Indian Citizen until they want.

Big question here is with Indian Citizenship Rule for section 4(1). Which says minor will cease to be Indian Citizen at 18 if not renounced antother Citizenship. If baby is not holding US PP at all then still baby cease to be Indian Citizen ? Baby has aquired US Citizenship involuntarily but has not applied for US PP. Not sure if India cares for Citizrenship acquired involuntarily

I am thinking as long as minor has not applied/obtained US PP they are safe and does not cease to be Indian Citizen at 18 (Even tho they reamin US Citizen involuntarily) and no further action needs to be taken to retain Indian Citizenship

Any thoughts ?

Ashok Thakur (Senior Lawyer and International Law Consultant) 20 November 2016

Whatever you are thinking on this issue is your Cyber thought that he or she can travel to India on your claim of Indian Citizenship without appropriate and valid Travel Document i.e., U.S. Passport as your Baby is a U.S. Citizen by birth by default.

Why did you not travel to India to gave him/her a birth to avoid your cyber thoughts. The Child could have been admitted by the United States based on your Permanent Legal Status.

Ashok Thakur, Esq. D.C., Florida and Federal Bar (USA)

Senir Advocate - Supreme Court of India, P.C. Canadian Bar Association, Ottawa.

AKTLawGroup@gmail.com