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If Indian citizen parents lose their jobs in US, then OCI cannot be applied. OCI needs both parents to present a valid H1B visa (or any valid US visa for 6 months).

  1. However if both parents lose jobs, can e-visa still be applied for new-born US citizen baby ?

  2. If visa is obtained, is it possible to visit India with a new born ? The reason I ask is parents don't have a job in the US, thus no way to return to the US. While every tourist visa needs a return ticket. Immigration may ask how will the baby return to the US after 90 days stay, what can we answer ?

Our plan is to convert tourist visa to entry visa in India and apply for OCI in India.

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    If both parents are full Indian citizens, is the child only USA citizen, and not also Indian citizen?
    – Willeke
    Oct 3, 2020 at 15:34
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    @Willeke India does not permit full dual citizenship, but it does have the OCI scheme where such people can live and work in India at will (but not vote, if I recall correctly).
    – Michael Hampton
    Oct 3, 2020 at 16:39
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    @MichaelHampton - Willeke brings up an interesting question. According to Wikipedia (yea, I know), a person born outside of the US to an Indian citizen is considered an Indian citizen if there birth is registered with the Indian Embassy, Consulate, or diplomatic mission within a year of the birth. This is dependent on the person not holding a passport from any other country. The one year rule can be waived under certain circumstances. And, only one parent needs to be an Indian citizen.
    – Dean F.
    Oct 4, 2020 at 0:10
  • I think what you're really asking is how to move back to India permanently with your newborn, which is off topic here. I'm moving your question to Expats.
    – JonathanReez
    Oct 5, 2020 at 4:48
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    @MichaelHampton but a child born in the US to Indian parents is a dual citizen until the parents apply for a US passport, or perhaps until the passport is issued. If that hasn't happened yet, it ought to be possible to get the child an Indian passport and take the child back to India as an Indian citizen. The parents can trigger the loss of Indian citizenship at any time by applying for a US passport on the child's behalf, or the child can renounce either citizenship after turning 18.
    – phoog
    Oct 5, 2020 at 12:25

1 Answer 1

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The easiest way to do this is to get a US Passport for the infant and apply for an Indian visa. You should be able to get one through the standard process. Note that India has restricted visa travel for non Indian nationals due to covid, so you may need a special visa, the Indian embassy would be able to help with that.

You can apply for OCI from India later if you prefer.

You can also apply for an Indian passport, but this is probably time consuming and you may not have time if you have to urgently leave the US.

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