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Subject: Re: Pls provide info reg my kids US Citizenship Posted on: Sun, 18 Mar 2007 05:50:01 +0000 (UTC)

"meauxna" wrote:

> The OP wants to know how to get Indian citizenship for his
> child. India does not 'do' dual citizenship; presumably
> something will have to be done to shed the US citizenship
> *as far as India is concerned*.

My understanding of where the insurmountable problem will arise is
that India does not permit anyone -- not even a child -- to be in
possession of both an Indian passport and any other country's passport.

But if the child will be travelling back to the US, he/she will NEED
to have a US passport, since (as far as the US is concerned), he/she
is a US citizen. (Basically, the US couldn't care less about India's
rules against having both an Indian passport and a US passport.)

Note that the airlines all know about this US requirement, and if the
parents try to take their child back to the US at some future time
without a US passport, it is quite possible that the airline will
refuse to allow the child to board the flight (since his/her Indian
passport will presumably show he/she was born in the US, and he/she
would therefore be presumed to have US citizenship).

And there is no way, under US law, for parents to renounce a young
child's US citizenship on his/her behalf.

Now, some people are likely to point out that India recently adopted
a "limited" dual citizenship policy. However, AFAIK, this is a
second-class status, not equivalent to full Indian citizenship, and
it does not confer the right for the person in question to have an
Indian passport. It is still impermissible, under Indian law, for
anyone to have both a valid, unexpired Indian passport and also a
valid, unexpired passport from the US (or any other country).

Rich Wales richw@richw.org http://www.richw.org/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.