PIO or OCI card for USC child born to NRI parent

[Morningmist 76]

Has anyone applied for this? How does it work? also how long does it take?

I'm going to give birth here in the States in December and I might fly down to India for a wedding mid to late February. I would like to take my child along if it is safe and possible. Not sure yet. That would mean I need to apply for a passport and then a tourist visa for my child? Can a PIO or OCI card replace the tourist visa or is it in addition to it? I've no clue about the card so I'm trying to find out where to start.

[Harsh_77 718]

Don't apply for tourist visa, go for either PIO or OCI personally I would go for OCI it takes 4-5 weeks once you send the documents.

Once you have OCI card you do not need visa is it basically like have a GC for India.

Edited September 5, 2013 by Harsh_77

[Morningmist 76]

OK. And a US citizen who is of half Indian heritage will be eligible for the OCI? Or do both parents need to be Indian?

[Deep2009 18]

I believe that your kid can get PIO card not the OCI card.

I have couple of people here at work, their kids were born here, and were given POI card.

[Morningmist 76]

Ok. Thanks.

[Harsh_77 718]

your kid can get either one PIO or OCI kid would be eligible for both. Personally I think OCI is better and cheaper.

here is the comparison.

http://www.**.com/nri/pio-vs-oci.html

[Morningmist 76]

Thanks. I appreciate the help.

[newacct 688]

According to http://indiancitizenshiponline.nic.in/acquisition1.htm and http://indiancitizenshiponline.nic.in/citizenshipact1.htm

a child born to Indian citizen parents outside India has Indian citizenship, if the parents "declare that the minor does not hold passport of another country" (not sure if this means just at that time, or anytime in the future), and the birth is registered at an Indian consulate within one year.

I'm not sure exactly how declaring the child not having another country's passport would actually work, as U.S. law requires U.S. citizens to enter and exit the U.S. with a U.S. passport.

Edited September 6, 2013 by newacct

[Morningmist 76]

My husband is a US citizen by birth and if she is born here then she will be a US citizen by birth too. I don't think my husband is going to be OK making our child an Indian citizen since India doesn't accept dual citizenship not to mention he had almost every generation of his family serve in the US military, he is kind of patriotic.

"I'm not sure exactly how declaring the child not having another country's passport would actually work"

My parents had done that for my brother as he was born in Europe. Unlike the US, you don't automatically gain citizenship in some European countries by merely being born there. So it wasn't really hard to prove that he didn't have a foreign passport based on birth because the consulate members are well aware of what the local laws are.

[newacct 688]

My husband is a US citizen by birth and if she is born here then she will be a US citizen by birth too.

Well, anybody born in the U.S. is automatically a U.S. citizen.

I don't think my husband is going to be OK making our child an Indian citizen

I don't see anything that says your husband has anything to do with it. The child simply needs to be registered at a consulate, and have the parents "declare" that they don't have another passport (which is not a complicated question; they either have or don't have one). I guess your husband has to produce his passport; that's all he needs to do.

since India doesn't accept dual citizenship

A country cannot "not accept dual citizenship". That's a misconception. Each country decides who are its citizens. India only decides who are Indian citizens or who are not Indian citizens. The Indian law I linked to seems to be clear that the child is an Indian citizen, if registered and declared not to have foreign passport. It does not say that this is affected by any other citizenship the child might have automatically at birth.

Furthermore, http://indiancitizenshiponline.nic.in/citizenshipact1.htm says

(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.

So clearly it is possible for a minor to be a citizen of another country and a citizen of India at the same time.

http://www.cgisf.org/pdf/misc2.pdf seems to contain a form for the registration of birth for a child born in the U.S. to be an Indian citizen.

Edited September 13, 2013 by newacct

[Morningmist 76]

"A country cannot "not accept dual citizenship". That's a misconception. Each country decides who are its citizens. India only decides who are Indian citizens or who are not Indian citizens."

Actually yes they can "cannot" accept dual citizenship for their own citizens. You can be a dual citizen of US and Ireland for example and stay in India or visit India on a tourist visa. BUT you cannot be a US citizen AND an Indian citizen and use either passport to enter the country. You have to renounce Indian citizenship within a few months if you get US citizenship. That's why India has the PIO and OCI card. To get around this fact. I don't know why you are arguing this.

" The Indian law I linked to seems to be clear that the child is an Indian citizen, if registered and declared not to have foreign passport. It does not say that this is affected by any other citizenship the child might have automatically at birth."

OK. so you are saying that my child could potentially have 2 passports until she turns 18?

[gundas 1]

Do you have a US Passport or Indian Passport? If US, do you have OCI Card? I was born in the US and my wife was born in India, our daughter was born in April and I just applied for OCI card for her last month.

Your child can not have 2 passports (one US and other Indian). Only US passport and OCI card and visa for Inida.

[Morningmist 76]

Thanks. I have Indian passport and US GC. Husband is American and child will be American too.

[RADZ7 0]

I have following queries and can someone help me on the following points:- Sorry for spelling error one of the alphabet is not working on my keyboard using alphabet 'S' to replace it

01. I am a Naturalised USA Citisen and holding a USA Passport since 2006.

02. I have a minor daughter 13 years old born in India and holding a Green Card since March 21, 2013.

03. My minor daughter came to USA on IR2 visa and got her green card in USA in March 2013 and

she stayed with me in USA for 70 days and now she came back to India to continue her studies.

04. I am given to understand since my daughter is minor in age and having a green card she automatically

becomes USA citisen based on my USA status as the Father is a Naturalised USA citisen inspite of

my daughter born in India prior to me i.e. Father becoming USA citisen after her birth.

My daughter born in India in 2001 when the father was not USA citisen and holding green card

Father became USA Naturalised Citisen on December 2006 and holding USA Passport after the birth of Minor child.

05. My question now is can the Father apply for USA Passport in USA Consulate in Mumbai for the minor child of

13 years holding Green card and presently staying and studying in Mumbai based on the status of the Father

since Mother is Indian Passport holder but having greencard. The child does not have Certificate of Citienship/Naturalisation as yet.

Is this child eligible to apply for USA Passport based on Father USA Citisenship in USA Consulate in Mumbai India

in presence of Mother and Father.

It will be appreciated if some help and guidance is given to me how to proceed with this case.

[newacct 688]

I have following queries and can someone help me on the following points:- Sorry for spelling error one of the alphabet is not working on my keyboard using alphabet 'S' to replace it

01. I am a Naturalised USA Citisen and holding a USA Passport since 2006.

02. I have a minor daughter 13 years old born in India and holding a Green Card since March 21, 2013.

03. My minor daughter came to USA on IR2 visa and got her green card in USA in March 2013 and

she stayed with me in USA for 70 days and now she came back to India to continue her studies.

04. I am given to understand since my daughter is minor in age and having a green card she automatically

becomes USA citisen based on my USA status as the Father is a Naturalised USA citisen inspite of

my daughter born in India prior to me i.e. Father becoming USA citisen after her birth.

My daughter born in India in 2001 when the father was not USA citisen and holding green card

Father became USA Naturalised Citisen on December 2006 and holding USA Passport after the birth of Minor child.

05. My question now is can the Father apply for USA Passport in USA Consulate in Mumbai for the minor child of

13 years holding Green card and presently staying and studying in Mumbai based on the status of the Father

since Mother is Indian Passport holder but having greencard. The child does not have Certificate of Citienship/Naturalisation as yet.

Is this child eligible to apply for USA Passport based on Father USA Citisenship in USA Consulate in Mumbai India

in presence of Mother and Father.

It will be appreciated if some help and guidance is given to me how to proceed with this case.

Yes, your daughter is a U.S. citizen, and can apply for a U.S. passport. (Technically your daughter should have gotten a U.S. passport before leaving the U.S., since U.S. law requires U.S. citizens to leave the U.S. on a U.S. passport; but this is not a big deal.) You will need your proof of U.S. citizenship, her green card, and maybe proof that she lived with you in the U.S.