Columbus Business Daily

What is the citizenship of an Indian child born in the United States?

A friend of mine is expecting a baby this December. He had few doubts about the citizenship of his child. He and his wife are Indian Citizens born in India. Both his and her parents are Indian Citizens by birth. They hold valid Indian Passports. They have been residing in the US for past 3 years and the child will be born in the United States. So the child by the virtue of lex soli be a citizen of the US Also the child by the virtue of lex sanguinis be a citizen of India my question is when the parents register the childs birth at an Indian Mission, the child gets his Indian Citizenship. But the application requires both the parents to declare that the child has not accquired another citizenship. Will this declaration be true? If so, will the child loose his US Citizenship? What happens when the child becomes a major. Will he be required to denounce one of his citizenship? What happens if the parents become a naturalized US Citizen in the future?

Public Comments

1. A US citizen
2. US Citizen
3. regardless of parents origin. if a child is born in the United States they are U.S. citizens
4. A US citizen. But if they go back to India, they can apply for dual citizenship.
5. US Citizen.
6. You are a citizen of the country in which you are born. Henceforth, the child would be an American citizen.
7. us citizen
8. The 14th Amendment of the U.S. Constitution guarantees citizenship at birth to almost all individuals born in the United States or in U.S. jurisdictions, according to the principle of jus soli. Certain individuals born in the United States, such as children of foreign heads of state or children of foreign diplomats, do not obtain U.S. citizenship under jus soli.
9. if they are born on American soil they are American Citizens. However it may be joint citizenship in which they will have to choose which one by the time they are 18.
10. The child will have dual citizenship. I think when it turns 18 it will have to choose, but I'm not sure of that last part. Definitely dual citizenship, though.
11. Once a child is born within the jurisdictional territory of the United States, by that very fact the child is an American citizen. That citizenship is valid unless and until the child renounces this or commits a serious crime against the United States. It is possible for a child to also hold citizenship in another country. The US recognizes only one citizenship per person. However, several other countries do recognize dual citizenship.
12. anybody bor in the u.s is a united states citizen
13. All persons born on US soil are American citizens. You need to ask a government office if that child can get its citizenship back if they give it up. Don't give up anything until you know the whole truth. Personally, I would keep the US citizenship.
14. Typically what happens in a situation like this is that the child will have dual citizenship until the age of majority. At age of majority the child will have to declare citizenship for one country or the other. I would believe that the application process should not be a problem because until the child declares citizenship, it has not been acquired, so the declaration should be true. Any child born here would automatically have citizenship here (regardless of the family's country of origin.) I'm not sure what happens if the parents become naturalized... best to check INS web site for that information.
15. He won't have acquired a new citizenship he was born US. The US recognizes dual and even more citizenship's no problem there. If as is likely India has the same legislation as Britain he will have no dual national problems there either. The child can't lose US c'ship unless he renounces it after 18, highly unlikely. Footnote, since the US does not actually like citizens born in the US having dual c'ship he will not be allowed to enter the US on an Indian or foreign passport where his naturalized parents will, which can be annoying if you let your US passport expire and expect to be able to travel on your other country's passport.
16. The child might well lose his citizenship in the US with such a declaration. In any event it is fraudulent (unless the parents are illegal and the Supreme Court ever rules that children of illegal immigrants are not citizens, which is technically still possible.) If the parents are here legally, the child definitely will have US citizenship, whatever other citizenship the child has. It is POSSIBLE that a statement by the parents now may not bind the child when older, but you need official advice on this, not advice from this board. In the US if you 'intentionally abandon or reject' your citizenship, you lose it. The question is whether the child's parents can do this on the child's behalf. The parent's naturalization won't have bearing on this issue unless you are saying they are willing to reject citizenship now and try for a family green card later (which really seems roundabout.)
17. the child is a US citizen as far as the child is born in the US. the declaration will not be true. maybe no i don't think he'll have to denounce one of his citizenships.nothing happens if he becomes a naturalized citizen in the future, though he is already a citizen since he was born in the US.
18. us citizen