I am a US Citizen. How and where do I apply for dual citizenship with India?
Note: I am a US Citizen by birth.
Answer:
First and foremost India does not allow dual nationality. when they talk about dual nationality its basically OCI Visa (Overseas Citizen of India) on your US passport. This has started some time in 2004.
You can be a foreign national of Indian origin with following conditions to qualify for an OCI visa.
OVERSEAS CITIZENSHIP
7A. Registration of overseas citizens of India.- The Central Government may, subject to such conditions and restrictions as may be prescribed, on an application made in this behalf, register as an overseas citizen of India-
(a) any person of full age and capacity,-
(i) who is citizen of another country, but was a citizen of India at the time of, or at any time after, the commencement of the
Constitution; or
(ii) who is citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the Constitution;or
(iii) who is citizen of another country, but belonged to a territory that become part of India after the 15th day of August, 1947; or
(iv) who is a child or a grand-child of such a citizen; or
(b) a person, who is a minor child of a person mentioned in clause (a):
Provided that no person, who is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as an overseas
citizen of India.
Advantages and disadvantages are -
7B. Conferment of rights on overseas citizens of India.- (1)
Notwithstanding anything contained in any other law for the time being in force, an overseas citizen of India shall be entitled to such rights other than the rights specified under sub-section(2) as the Central Government may, by notification in the Official Gazette, specify in this behalf.
(2) An overseas citizen of India shall not be entitled to the rights conferred on a citizen of India-
(a) under article 16 of the Constitution with regard to equality of opportunity in matters of public employment;
(b) under article 58 of the Constitution for election as President;
(c) under article 66 of the Constitution for election of Vice-President;
(d) under article 124 of the Constitution for appointment as a Judge of the Supreme Court;
(e) under article 217 of the Constitution for appointment as a Judge of the High Court;
(f) under section 16 of the Representation of the People Act, 1950(43 of 1950) in regard to registration as a voter;
(g) under sections 3 and 4 of the Representation of the People Act, 1951
(43 of 1951) with regard to the eligibility for being a member of the
House of the People or of the Council of States, as the case may be;
(h) under section 5, 5A and 6 of the Representation of the People Act,
1951 (43 of 1951) with regard to the eligibility for being a member of
the Legislative Assembly or a Legislative Council, as the case may
be, of a State;
(i) for appointment to public services and posts in connection with the
affairs of the Union or of any State except for appointment in such
services and posts as the Central Government may by special order in
that behalf specify.
(3) Every notification issued under sub-section (1) shall be laid before each House of Parliament.
If you need more help on this please visit the following link.
http://www.hcilondon.net/
GOOD LUCK
Regards
The United States does not allow dual citizenship.
.You can't. as the united states don't recognize duel citizenship !Having said that ,for children born in foreign countries to an American parent, they do recognize the child as an American citizen .While the child may hold two passports when entering the united states they are requested to use their American passport!
SOURCE. Married to a European,living in Europe,American embassy ! Two children born in Europe
I am not sure whether US recognizes dual citizenship, but India is planning to give dual citizenship to NRI in US and most of the countries of Europe, but this is yet to materialize.
The benefits,
Getting the citizenship allows you to own land and property, which is not allowed for foreigners.
U can apply for jobs, and higher studies under the govt. sector.
If your kids wish to study in India in IIT and IIMA, they dont have to apply by NRI quota, or as international candidates, in which the tuition fee is very high and limited seats.
Demerits,
I dont see any potential demerit if US dont have any problem with dual citizenship.
Ministry of Home Affairs, New Delhi 01
y?
To clarify the US side of it.
US does not recognize Dual Citizen status. This means that you must use your US passport to enter/leave US unless you formally renounce your US Citizenship, in writing at a US Embassy or Consulate or Immigration Office authorized to accept renunciation. It is generally advised that you do NOT renounce citizenship
If you renounce citizenship as part of the naturalization process in another country, US considers the renunciation to be non-voluntary and does not revoke citizenship based on that action. Only by filing the correct form with the government of the US is the action considered to be voluntary and binding.
Apply for Indian Citizenship as outlined in another answer here and if you are asked to tell the government of India that you freely renounce US citizenship, you may do so without affecting your status as a US Citizen.
The following from the State Dept. webpage gives the critical hint
" In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, ... and with the intention to give up U.S. citizenship."
The Immigration information post by website user , MyTend.com not guarantee correctness.
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