Immigration Question

My wife and I are both Indian citizens with green cards. We have a son
who was born in California. Since the Indian embassy does not annotate
the mother's passport for a child any more, we are required to get a
passport for him so that he can travel with us to India and back.
Which passport should we get, Indian or American, since he is eligible
for both?

As far as I can see, if he gets an American passport, we will have to
get an Indian visa for travel to India (we can get a multi-year,
multi-entry visa to reduce the hassle); if he gets an Indian passport,
he will need some sort of an American visa to travel back to the US.
Dual citizenship for Indians is still a work-in-progress. There is
also an emotional aspect to this: I WANT him to get an Indian passport
-- unless it causes major hassles for travelling back and forth to
India.

What can be the possible downsides of getting a US Passport for him
down the road? His rights in India or here? If you have been through a
similar situation, please help. Thanks.

Chris Parker

Originally posted by Immigration Question
    > As far as I
can see, if he gets an American passport, we will have to get an Indian
visa for travel to India (we can get a multi-year,
    > multi-entry visa to
reduce the hassle); if he gets an Indian passport, he will need some
sort of an American visa to travel back to the US.
    >
Get both
passports, no visas.

U.S. passport can be used as his "permit to re-
enter the U.S."


CP

Crg14624

Originally posted by Immigration Question
    > My wife and I
are both Indian citizens with green cards. We have a son
    > who was born
in California. Since the Indian embassy does not annotate
    > the mother's
passport for a child any more, we are required to get a
    > passport for
him so that he can travel with us to India and back.
    > Which passport
should we get, Indian or American, since he is eligible
    > for both?
    >
As far as I can see, if he gets an American passport, we will have to
get an Indian visa for travel to India (we can get a multi-year,
    > multi-
entry visa to reduce the hassle); if he gets an Indian passport,
    > he
will need some sort of an American visa to travel back to the US.
    > Dual
citizenship for Indians is still a work-in-progress. There is
    > also an
emotional aspect to this: I WANT him to get an Indian passport
    > --
unless it causes major hassles for travelling back and forth to
    > India.

    >
    > What can be the possible downsides of getting a US Passport for
him
    > down the road? His rights in India or here? If you have been
through a
    > similar situation, please help. Thanks.

US
citizens, can't get U.S. visas for any reason. It doesn't seem like
you're embracing your new homeland.

Joachim Feise

Immigration Question wrote on 4/5/2004 14:46:

    > My wife and I are both Indian citizens with green cards. We have a son
    > who was born in California. Since the Indian embassy does not annotate
    > the mother's passport for a child any more, we are required to get a
    > passport for him so that he can travel with us to India and back.
    > Which passport should we get, Indian or American, since he is eligible
    > for both?

A US citizen needs to have a US passport to enter the US.
That pretty much settles it.

    > As far as I can see, if he gets an American passport, we will have to
    > get an Indian visa for travel to India (we can get a multi-year,
    > multi-entry visa to reduce the hassle); if he gets an Indian passport,
    > he will need some sort of an American visa to travel back to the US.

Not possible by definition. A US citizen can not get a visa. Visas are
for foreigners, by definition.

    > Dual citizenship for Indians is still a work-in-progress. There is
    > also an emotional aspect to this: I WANT him to get an Indian passport
    > -- unless it causes major hassles for travelling back and forth to
    > India.

Sorry, but if you want him to be able to travel back to the US, you will
have to get a US passport for him.
Blame the Indian government for not getting their act together...

-Joe

Joachim Feise

Chris Parker wrote on 4/5/2004 15:08:

    > Originally posted by Immigration Question
    >
    >>As far as I
    >
    > can see, if he gets an American passport, we will have to get an Indian
    > visa for travel to India (we can get a multi-year,
    >
    >>multi-entry visa to
    >
    > reduce the hassle); if he gets an Indian passport, he will need some
    > sort of an American visa to travel back to the US.
    >
    >>
    >
    > Get both
    > passports

India doesn't allow that at this point.

    > U.S. passport can be used as his "permit to re-
    > enter the U.S."

A US passport actually *has* to be used by a US citizen to enter the US
(with the exception of children, under 12, I think, who can be listed
in their parents' foreign passport, but India apparently doesn't allow
that anymore, either...)

-Joe

Chris Parker

    > > Get both passports

    > India doesn't allow that at this point.

India has nothing to do with it and doesn't need to know about it
either. India will only deal with the India passport. The U.S.
passport is just a travel document to re-enter the U.S. with.

    > > U.S. passport can be used as his "permit to re-
    > > enter the U.S."

    > A US passport actually *has* to be used by a US citizen to enter the US
    > (with the exception of children, under 12, I think, who can be listed
    > in their parents' foreign passport, but India apparently doesn't allow
    > that anymore, either...)

All children, including those under 12 can and must get their own U.S.
passport. Ridiculous, I agree, but that is the State Dept.
regulations.
You are correct, the U.S. passport is required to be used for
entering/exiting the U.S.


CP

Joachim Feise

Chris Parker said on 4/6/2004 6:36:

    >>>Get both passports
    >
    >
    >>India doesn't allow that at this point.
    >
    >
    > India has nothing to do with it and doesn't need to know about it
    > either. India will only deal with the India passport. The U.S.
    > passport is just a travel document to re-enter the U.S. with.

Are you advocating that the OP lies to the Indian authorities
about the kid having a US passport?

    >
    >
    >>>U.S. passport can be used as his "permit to re-
    >>>enter the U.S."
    >
    >
    >>A US passport actually *has* to be used by a US citizen to enter the US
    >>(with the exception of children, under 12, I think, who can be listed
    >>in their parents' foreign passport, but India apparently doesn't allow
    >>that anymore, either...)
    >
    >
    > All children, including those under 12 can and must get their own U.S.
    > passport. Ridiculous, I agree, but that is the State Dept.
    > regulations.

Wrong. 22 CFR 53.2 says something different:
"A U.S. citizen is not required to bear a valid passport to enter or
depart the United States:
[...]
(f) When he is a child under 12 years of age and is included in the
foreign passport of an alien parent; however, such child will be
required to provide evidence of his U.S. citizenship when entering the
United States;"

    > You are correct, the U.S. passport is required to be used for
    > entering/exiting the U.S.

Also, what I forgot to mention, a US passport is not required when
entering from adjacent countries.
See 22 CFR 53.2 again.

-Joe

Stuart

http://www.indianembassy.org/consula...itizenship.htm
According to the Indian Embassy there is a new law which means you can have
both passports. If you can you should get both. It will mean easy entry into
both India and the US. You might have to wait till June to make sure the law
passes first.




"Immigration Question" <> wrote in message
news:...
    > My wife and I are both Indian citizens with green cards. We have a son
    > who was born in California. Since the Indian embassy does not annotate
    > the mother's passport for a child any more, we are required to get a
    > passport for him so that he can travel with us to India and back.
    > Which passport should we get, Indian or American, since he is eligible
    > for both?
    > As far as I can see, if he gets an American passport, we will have to
    > get an Indian visa for travel to India (we can get a multi-year,
    > multi-entry visa to reduce the hassle); if he gets an Indian passport,
    > he will need some sort of an American visa to travel back to the US.
    > Dual citizenship for Indians is still a work-in-progress. There is
    > also an emotional aspect to this: I WANT him to get an Indian passport
    > -- unless it causes major hassles for travelling back and forth to
    > India.
    > What can be the possible downsides of getting a US Passport for him
    > down the road? His rights in India or here? If you have been through a
    > similar situation, please help. Thanks.

Joachim Feise

Stuart wrote on 4/6/2004 12:32:

    > http://www.indianembassy.org/consula...itizenship.htm
    > According to the Indian Embassy there is a new law which means you can have
    > both passports. If you can you should get both. It will mean easy entry into
    > both India and the US. You might have to wait till June to make sure the law
    > passes first.

My understanding is that this is not in effect at this point.
My Indian friends tell me that it also is more of a second-class citizenship,
not much more than a visa with another name...

-Joe

Chris Parker

Originally posted by Joachim Feise
    > Wrong. 22 CFR 53.2
says something different:
    > "A U.S. citizen is not required to bear a
valid passport to enter or
    > depart the United States:
    > [...]
    > (f)
When he is a child under 12 years of age and is included in the
foreign passport of an alien parent; however, such child will be
required to provide evidence of his U.S. citizenship when entering the
United States;"
    >
Okay, I can't argue with the regulations...
They can do that also.

However, the point I'm making is that the child
can get his/her own passport, even if under 12 years old (even if 6
months old as I understand it).


CP