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Immigration Issues/US Born child from Indian citizen


Hi Ajay,

I have a H1-B Visa and my wife is on H4 dependant visa.My wife is expecting a child within one to two months.I want to take Indian citizenship for my kid because i want to return back india as i am working here as a software professional.But whenever its required i can come again if it is required for another 1 to 2 years.

I have so many confusion fro baby who will be born here.

1.Can i apply for Indian citizenship,for US born child?
2.Can I apply for Indian Passport and dependant visa for US born child?
3.If i will get the Indian passport and dependant visa stamped then when i will come again US then i will apply for the Work permit visa (H1-B) so at that time my kid will get a dependant visa(H4) or not?
As I heard about that who is born in US has to apply the US passport to the US consulate in India if the kid is coming US again.
If the kid will apply for the US passport then kid can enter US then how the kid will return back again after 1,2 years as the kid will come with US passport and returning to India as there will be no visa.

Thanks in advance.

Thanks and Regards,
Rupak Pradhan

Dear Rupak:
For proper information on the issue, I would suggest you speak with an officer at the Indian consulate in your area or check online.  However, please note that - Child born in US is a citizen of US by birth and India does not permit dual citizenship - so the child born in US will be US citizen and not Indian citizen.  

For a US citizen of Indian origin you may opt for OCI/PIO cards or visa to India and for an Indian to travel to US you may need a visa or a dependent visa.  

Hope to have answered all your queries; for details, please contact Indian Consulate.

Best wishes,

Note: Our main are of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas (H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation.  This communication, though, does not constitute “legal advice”, nor does it form an attorney-client relationship.  

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

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LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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