Is it possible to get a indian passport for a child born in US without applying for a US citizenship?

Question

Iam expecting our child in jan'07,We wnat our child to get indian passport and citizenship without any restrictions like a normal indian child.we r not concerned about american citizenship.What is the criteria to follow? I am in US now and medically have problems to travel bac to india now.please advice

Answer 1

US law says that every American citizen must use a US passport to enter and leave the country. If your child is born in the US, he or she will automatically be a US citizen; you don't apply for citizenship, you only apply for a passport.

That said, if you don't want to apply for the US passport, DHS will probably not stop an American-born infant leaving the country on an Indian passport.

Remember, as a further complication, that India does not recognize dual citizenship.

Answer 2

Just an educated guess here.

I would advise contacting the consulate office (India). Just google it, your find the links and contact numbers you need.

Regardless of whether you want to excersise your childs dual citizenship is a mute point. But, I believe I understand your reasons for not wanting to do this.

Answer 3

You will need your Indian passports, marriage certificate, long-form birth certificate (lists citizenship of the parents), baby, baby's hospital records, baby's passport photos. Go to nearest Indian consulate after the birth, register birth to Indian citizens while abroad, get baby's Indian passport. Take baby home. Complication: if baby born in US, baby is also US citizen - dual national! Baby needs US passport to exit and/or enter US. Baby becomes subject to US income taxes on all income from all sources worldwide! Baby also subject to reporting foreign bank & financial accounts (FBAR), as well as the new Form 8938) to report all foreign assets. Parents must fulfill baby's obligations until baby is adult! So, say you go home and open stockbrokerage account in baby's name to save up baby's future college fund. It is US taxable! It is also reportable. $50,000 fine for failure to report when & as required. You do NOT want to get baby stuck in the US tax trap! IRS is actively pursuing US-born to foreign parents who took baby home, as well as US expats living & working abroad. Lots of Indians thought they were doing baby (& often themselves) a big favor getting it born in US. But now they are pursued by IRS for back taxes, interest, penalties, and felony charges of tax evasion, tax fraud, etc! Super-bad move by the parents. That's NO gift or benefit for baby! Instead, it can mean arrest on arrival if they ever return to US, and they pursue US citizens in foreign countries, too. Better: since you will be returning to India, hurry home as fast as possible while you can still fly & have baby in India. Get baby's dependent visa on your L visa, bring baby to US until you head home. Keep baby out of the US tax trap.