Born in the USA? The Problem of Two Citizenships

[Ray]

Born in the USA? The Problem of Two Citizenships

Swati & Shekhar Rao (names changed on request) are in New Jersey in the US and expecting their first child – while Shekhar, an IT programmer, is on a H1B work visa, Swati is on a dependent H4. The big question on both their minds is whether their child, who is expected early next year, should have Indian or US citizenship.

The child born in the US will be issued a birth certificate in America and would almost automatically become a US citizen without much paperwork.

However, for the Raos, who are likely to return to India after about a year, when Shekhar's assignment gets over, this could pose problems. If they initiate the process for getting a US passport for their baby, s/he would not be an Indian citizen and would require a visa or PIO/OCI card to enter India and not enjoy all rights that Indian citizens enjoy. And, in that case, the child would have to decide on turning 18 whether to opt for Indian citizenship or continue as an American citizen.

This could lead to complications in future, an example being Mumbai immigration lawyer Poorvi Chothani's client, a high net worth businessman, who is being sued by his son because the father had got US citizenship by birth for him.

The Rao couple is now faced with many questions – would it have been better for them to have had their child in India? Would they end up paying huge school and college fees for their child, an American citizen, after they return to India? Was there any way in which they could opt for Indian citizenship for the child born in the US?

Ranjit Malhotra, an advocate specialising in comparative immigration and nationality laws, is of the opinion that it is important for Indian parents who are overseas when their children are born to find out in advance what the citizenship laws of that foreign jurisdiction are and what the implications would be for the family.

"For many foreign jurisdictions, a child born to Indian parents on a work visa in a foreign country will not automatically be guaranteed citizenship or nationality of that particular host country. For instance, for a child to acquire British nationality, either of the parents should be a British citizen whilst the birth of the child took place in the UK or alternatively, either of the parents should be settled in the UK," Mr Malhotra said.

But while pointing out that children of Indian parents born overseas may not automatically acquire the nationality of their host countries, in cases when they do acquire citizenship rights when parents are working overseas, the downside is that parents will have to apply for a visa for the minor child when they come to India, Mr Malhotra said. "If the child is an overseas citizen, then there are issues regarding mandatory registration with the foreigner registration authorities after the stay extends beyond a period of 180 days. Sometimes, this can be very complicated and cumbersome in terms of extensions on account of bureaucratic delays," he added.

Often parents, who are in the US on work permits, would like to opt for US citizenship for their children because of the advantages that American passport holders enjoy. "US passports allow access to the American economic and other opportunities. It also allows visa-free travel to more than 160 countries. So Indians in the US on work permits often eagerly obtain US citizenship and passports for their children who are born in the US.

Most of them do not even examine the long-term implications of this," says Chothani.

"This is because once you are a US citizen you have to pay income tax to the US on your global income no matter where you live. Further, if this individual were to give up American citizenship s/he may be subject to an expatriation tax on worldwide assets levied on wealth valued at a mark-to-market value at the time of expatriation. For instance, a person living in a multi-million dollar house, with no intention of wanting to sell it, might end up paying a tax on this property at the time of expatriation," she adds.
Times Of India | Blogs

Quite a conundrum.

What are the comments/take of Indians who have gone abroad or have foreign citizenship on this issue?

We would be interested to know.

 

[Kshatriya87]

Good read. I am going through this dilemma currently. My nephew in USA is now 6 months old. Born there. Don't know what path to choose for him.

 

[pmaitra]

If the parents are Indian citizens, the child should be an Indian citizen at birth.

If the parents become US citizens before the child is born, then the child can be a US citizen. Otherwise, it is a dangerous gamble that could lead to a family being torn apart due to split citizenship.

I would request our resident law expert @sayareakd Sir, to advise this thread on how Indians living in a foreign country can have their children born abroad registered as Indian citizens.

 

[Singh]

No conundrum. American citizenship.

 

[Energon]

If the parents do not intend to live in the United States it is pointless for the child to have a US citizenship. They should either have the child in India or file for an Indian citizenship at the nearest Indian consulate if they decide to have the child in the US.

This problem highlights yet again why the US immigration policies are in need of serious reform. It only makes sense to bestow American citizenship to children born on US soil if at least one of the parents happens to be a US citizen or a permanent resident. Children born to parents who do not fall into either one of these categories must obtain citizenship from the home country of the parents.

 

[Syd]

When I was a schoolboy in Kenya, one of my classmates in boarding school was in a similar position. His parents, resident in neighbouring Uganda had been sent to the US for his father to do a PhD in Chemistry. He was sent by his employer Mahadvani Ltd. which was the largest private employer in Udanda. His parents were Indian citizens. He was born in the US about six months into his parents' stay there after which they returned to Uganda. The time was circa 1949 or 1950 well before Uganda or Kenya even dreamed of independence.

Later when we were at boarding school in the mid 1960s both countries had been independent for a few years, and were squeezing out Asians and Europeans by making it difficult for Asian and European school leavers to go to University or work. We both left Africa, me for the UK and my friend for the US. I am still in touch with him; he now lives in LA.

 

[Zebra]

The parents should get Indian passport for the new born by applying it here. IMO.

BLS Inernational Services Ltd->

If they like the baby can get US citizenship or else they are free to get Indian passport.

 

[Zebra]

How Does One Become a US Citizen

How Does One Become a US Citizen by Birth?

A person can become a citizen of US by birth if certain conditions are fulfilled:

Born in the United States: The person was born in USA or in territories where United Stated has jurisdiction like, Puerto Rico, Guam, US Virgin Islands, and Northern Mariana Islands.
Born Outside United States: If the child is born outside of United States then its US citizenship is dependent on the parents' status of citizenship. A child can become a US citizen by birth if:
One parent or both the parents were United States citizens at the time of the child's birth.
The child is born to one parent who is a US citizen and who must have lived at least 5 years in the US before the child was born, and at least 2 of those years should have been after the parent's 14th birthday.
If the child was born before November 14, 1986, then the parent who is a US citizen should have lived in the US for at least 10 years before the birth of the child, and 5 of those years should have been after the parent's 14th birthday.

 

[Energon]

The parents should get Indian passport for the new born by applying it here. IMO.

BLS Inernational Services Ltd->

If they like the baby can get US citizenship or else they are free to get Indian passport.

In all likelihood BLS International will succeed in convincing the parents that the best thing they can do for their child is to get him/her an American citizenship. BLS is the embodiment of everything that's wrong with the Indian establishment... ineptitude, rudeness, idiocy, pathetic service, homicide inducing bureaucratic backlog, shabby ambient conditions, more ineptitude etc.

The only thing that deters me from visiting India more frequently is the obligatory visa application through an organization like BLS. Last year as I waited outside their office in a mid winter snow storm I saw a cohort of 18 people get on their cellphone and cancel their tour package to India. It was rather embarrassing to see people willing to forfeit hundreds of dollars in non refundable ticket fees rather than risking further dealings with any other Indian governmental authority ever again.

 

[Zebra]

In all likelihood BLS International will succeed in convincing the parents that the best thing they can do for their child is to get him/her an American citizenship. BLS is the embodiment of everything that's wrong with the Indian establishment... ineptitude, rudeness, idiocy, pathetic service, homicide inducing bureaucratic backlog, shabby ambient conditions, more ineptitude etc.

The only thing that deters me from visiting India more frequently is the obligatory visa application through an organization like BLS. Last year as I waited outside their office in a mid winter snow storm I saw a cohort of 18 people get on their cellphone and cancel their tour package to India. It was rather embarrassing to see people willing to forfeit hundreds of dollars in non refundable ticket fees rather than risking further dealings with any other Indian governmental authority ever again.

Visit Incredible India.

If you are not happy with BLS International then try this........https://indianvisaonline.gov.in/visa/.

This might help.......India Visa on Arrival and ETA: What You Should Know

 

[sgarg]

If the parents do not intend to live in the United States it is pointless for the child to have a US citizenship. They should either have the child in India or file for an Indian citizenship at the nearest Indian consulate if they decide to have the child in the US.

This problem highlights yet again why the US immigration policies are in need of serious reform. It only makes sense to bestow American citizenship to children born on US soil if at least one of the parents happens to be a US citizen or a permanent resident. Children born to parents who do not fall into either one of these categories must obtain citizenship from the home country of the parents.

I think the naturalization policy of USA is flawed. I agree that citizenship of child should be decided by citizenship of parents.

There are large number of children now who are born in USA but the parents have moved back to India.

 

[Ray]

If the parents are Indian citizens, the child should be an Indian citizen at birth.

If the parents become US citizens before the child is born, then the child can be a US citizen. Otherwise, it is a dangerous gamble that could lead to a family being torn apart due to split citizenship.

I would request our resident law expert @sayareakd Sir, to advise this thread on how Indians living in a foreign country can have their children born abroad registered as Indian citizens.

Devyani Khobargade is one example.

But she is a sharp cookie and a great manipulator.

Always wanting to milk the system all the way.

 

[RAM]

Well..if not a conundrum"¦whats it then.?

For instance..Me and my spouse decided to return to India renouncing British residentship after living there for a decade for our kid's future.

If YOU ARE IN UK

Pros-
Being in European union u can avail free education to children till 10th grade.
Structured and tailor made educational programs' for kids
Accessory health and welfare benefits
Visa free travel to EU and other select countries on British passport

Cones

Cultural deviations in par with Indian traditions n long term
Immigration and bureaucratic issues
Legal rights to inherited properties curtailed..

And so on"¦

Double citizenship is a mirage and watered down policy by the government. Legal riddles followOnce u land in India on a foreign passport with limited rights.

 

[Kshatriya87]

Still not clear what should I do with my nephew. Also, can someone clearly list out the problems faced if the parents are Indians and child is American?

 

[Wavve]

The problem of dual citizenship is relevant for many. I recently had to renounce my citizenship in order to obtain US citizenship. Now I draw up a green card. It was a difficult decision. Now I'm looking for information on the Internet. I found an interesting article What should I do if I have not received my green card in the mail? I really want to get US citizenship.

 

[Wisemarko]

Still not clear what should I do with my nephew. Also, can someone clearly list out the problems faced if the parents are Indians and child is American?

Parents have right to take their children to any country. Resident non-immigrants such as people on visa living in the US, can take their US born child to any country and reside. Most nations including India give option for citizenship to such children. However, once born in the US, one always has a right to be a US citizen. Your nephew can decide that on his own at age 18+.
Hope this helps.