A few years ago, a member in our BacktoIndia WhatsApp community asked a question that sparked one of the longest discussions I’ve seen.
“My wife is expecting. We’re in the US on H1B. Should we plan to have the baby here, or should we go back to India?”
Within hours, over 200 messages. Parents sharing their experiences. Some said the US-born citizenship was “the best gift” they gave their child. Others said it created more confusion than clarity, especially when they moved back to India.
The truth? It’s not black and white.
There are real, tangible benefits to having a child born in the USA. But there are also responsibilities and complications that most people don’t talk about.
I have a US-born son myself. So I’ve lived this – the paperwork, the decisions, the trade-offs. And through our community, I’ve seen hundreds of families navigate this.
Here’s what you actually need to know.
How US Citizenship Works for Babies Born in America
The 14th Amendment to the US Constitution grants citizenship to anyone born on American soil. This is called “birthright citizenship” or jus soli (Latin for “right of the soil”).
It doesn’t matter what visa the parents are on. H1B, L1, F1, B1/B2, or even if undocumented. If the baby is born in the US, the child is a US citizen.
This has been the law since 1868. The Supreme Court confirmed it in the landmark United States v. Wong Kim Ark case in 1898.
An important update for 2026: President Trump signed an executive order in January 2025 attempting to limit birthright citizenship for children of certain non-citizen parents. However, this order has been blocked by multiple federal courts and has never been enforced. The Supreme Court is expected to hear oral arguments in the case (Barbara v. Trump) on April 1, 2026, with a ruling expected by summer 2026. Every court that has reviewed this executive order so far has found it unconstitutional.
As of now, birthright citizenship remains the law. But this is a developing situation worth monitoring closely.
The Key Benefits
1. US Citizenship and One of the World’s Most Powerful Passports
Your US-born child is automatically a citizen of the United States.
This means they hold one of the strongest passports in the world – with visa-free or visa-on-arrival access to over 180 countries. Compare that to an Indian passport, which offers visa-free access to about 60 countries.
For a family that values global mobility, this is significant.
Your child can live, work, and study anywhere in the US without ever needing a visa, work permit, or sponsorship. No H1B lottery. No green card wait. None of the immigration anxiety that so many of us in the NRI community have experienced firsthand.
2. Access to US Education and Financial Aid
As a US citizen, your child can:
- Attend public schools anywhere in the US for free (K-12)
- Pay in-state tuition at state universities (a massive saving – often $20,000-$30,000 less per year compared to international student fees)
- Apply for federal financial aid (FAFSA), grants, and scholarships that are only available to US citizens and permanent residents
- Access federal student loans at lower interest rates
This is one of the biggest practical advantages. International students pay 2-3x more than citizens for the same education at the same university. Your child won’t have to deal with that.
3. OCI Card – The Bridge to India
India doesn’t allow dual citizenship. So your US-born child cannot be both an Indian citizen and a US citizen at the same time.
But they can get an Overseas Citizen of India (OCI) card. This is essentially a lifelong visa to India with many benefits:
- Multiple entry, lifelong visa-free travel to India
- No need to register with FRRO (Foreigners Regional Registration Office) regardless of length of stay
- Right to own property in India (except agricultural and plantation land)
- Parity with NRIs in economic, financial, and educational matters
- Domestic airfare rates within India
- Same entry fees as Indian citizens at national monuments, parks, and museums
The OCI card application process takes time – often 3-6 months. So start early if you’re planning to travel to India with your child.
One thing to know: the OCI card needs to be re-issued when your child gets a new passport (under age 18, US passports are valid for 5 years). Make sure you understand the OCI transfer process to avoid delays.
4. Your Child Can Sponsor Your Green Card at Age 21
This is a benefit that matters most to parents on temporary visas like H1B or L1.
Once your US citizen child turns 21, they can petition for your green card under the “immediate relative” category. This is the fastest family-based immigration category because there is no annual cap and no waiting list for visa numbers.
Current processing times for immediate relatives are roughly 8-15 months.
This is very different from the employment-based green card route, where Indians often wait 10+ years due to per-country limits.
A few things to keep in mind though:
- Your child must be at least 21 years old to sponsor you
- They need to show they can financially support you (income above federal poverty guidelines)
- They need to sign an affidavit of support
- If you’re outside the US at the time of filing, you’ll go through consular processing
This is a long-term benefit – 21 years is a long wait. But for parents who may not get a green card through employment, this path exists.
5. Lifetime Right to Work in the US
Your child will never need work authorization, an employment visa, or a sponsorship letter from any employer. They can work for any company, start any business, or freelance without restrictions.
They can also work for the US federal government and hold security clearances – jobs that are only open to US citizens.
In a world where H1B visa holders spend years worrying about their immigration status, this freedom is something many NRI parents value deeply.
6. Social Security and Medicare Benefits
As a US citizen, your child is eligible for Social Security benefits and Medicare coverage once they reach retirement age – provided they’ve worked and paid into the system for the required number of years (typically 10 years or 40 quarters).
These are long-term safety nets that provide retirement income and healthcare in old age.
7. Voting Rights and Civic Participation
US citizens can vote in federal, state, and local elections. They can run for public office (except President, which requires being a natural-born citizen – which a US-born child is). They can serve on juries and participate fully in civic life.
8. Consular Protection Worldwide
A US passport means your child has access to US embassy and consulate services in over 170 countries. In case of emergencies, natural disasters, or political crises abroad, US citizens receive priority assistance from the State Department.
The Other Side – Challenges and Considerations
This is where most guides stop. But I want to be honest with you, because our community believes in sharing the full picture.
1. US Tax Obligations – For Life
This is the biggest practical downside, and most parents don’t think about it when their baby is born.
The United States taxes its citizens on worldwide income, regardless of where they live.
If your US-born child moves to India and never goes back to the US, they are still legally required to:
- File US tax returns every year once their income exceeds the filing threshold
- Report worldwide income to the IRS
- File FBAR (Foreign Bank Account Reports) if their foreign accounts exceed $10,000 at any point during the year
- Comply with FATCA reporting requirements
This is a lifelong obligation that comes with real costs – both in terms of tax payments and the expense of hiring cross-border tax professionals.
I’ve seen this catch families off guard in our community. A child who grew up entirely in India, earning Indian income, suddenly discovers at 25 that they should have been filing US tax returns all along.
The good news is that the DTAA (Double Taxation Avoidance Agreement) between India and the US helps avoid paying tax twice on the same income. But the filing obligation still exists.
2. No Dual Citizenship with India
India does not allow dual citizenship. Full stop.
This means your US-born child cannot hold both an Indian and US passport simultaneously.
Many parents face a choice:
Option A: Get a US passport + OCI card This is what most families do. The child is a US citizen with an OCI card for India.
Option B: Get an Indian passport (by not applying for US passport) Some parents choose to register the birth with the Indian consulate and get an Indian passport instead. This requires signing a declaration that the child does not hold a US passport.
But here’s the thing – the child is still a US citizen by birth regardless of whether you apply for a US passport or not. Not having a US passport doesn’t cancel their citizenship. It just means they don’t have the document.
When the child turns 18, they’ll need to decide which citizenship to keep. If they want Indian citizenship, they’ll need to formally renounce US citizenship. If they want to keep US citizenship, they continue with OCI status for India.
India does not recognize dual citizenship – this is unlikely to change anytime soon.
3. Higher Fees in Indian Schools and Colleges
If your child holds a US passport and OCI card and you move back to India, education costs can be a surprise.
- Many private schools in India charge higher fees for OCI/foreign passport holders
- For college admissions, your child may fall under the NRI/OCI quota – which comes with significantly higher fees (sometimes 3-5x the regular fees)
- In government colleges, OCI holders may not be eligible for state-quota seats (rules vary by state)
- For medical admissions through NEET, OCI holders can appear for the exam but may only be eligible for NRI/OCI quota seats with higher fees
That said, international schools in India typically don’t differentiate between passport types for fee purposes.
For higher education, this is an area where rules vary widely by state, institution, and year. Check specific college policies well in advance.
4. The Birthright Citizenship Legal Situation
As I mentioned earlier, there’s an ongoing legal challenge to birthright citizenship.
Here’s what’s happened so far:
- January 2025: President Trump signed Executive Order 14160 to restrict birthright citizenship for children born to non-citizens
- Multiple federal courts blocked the order, calling it unconstitutional
- June 2025: The Supreme Court limited the scope of nationwide injunctions (Trump v. CASA) but did not rule on constitutionality
- July 2025: A federal judge issued a new class-wide injunction protecting all affected children (Barbara v. Trump)
- December 2025: The Supreme Court agreed to hear the case
- April 2026: Oral arguments scheduled
The order targets children born to parents who are either unlawfully present or on temporary visas (like tourist visas) where neither parent is a citizen or permanent resident.
For most NRI parents on H1B, L1, or similar work visas – your children are NOT directly targeted by this executive order (since it specifically targets mothers without lawful status or on temporary presence without the father being a citizen or LPR). But the legal landscape is evolving, and it’s important to follow developments.
Every court that has examined this executive order has found it unconstitutional under the 14th Amendment. Legal experts widely expect the Supreme Court to uphold birthright citizenship, but nothing is certain until the ruling comes.
5. Paperwork and Document Management
Having a US-born child with connections to two countries means more paperwork than you’d expect:
- US passport (renew every 5 years for children under 16)
- OCI card (needs updating when passport changes)
- Social Security Number
- Consular Report of Birth Abroad (CRBA) – not needed for US-born children but relevant for children born abroad to US citizen parents
- Birth certificate with apostille for Indian documentation
- US tax filings once the child starts earning
If you plan to move back to India, add Aadhaar card application to this list. OCI holders can get an Aadhaar card – which is practically essential for daily life in India.
What Documents You Need After Your Baby is Born in the US
Here’s a step-by-step checklist:
Immediately after birth:
- [ ] Get the hospital birth certificate
- [ ] Apply for Social Security Number (usually done at the hospital itself)
- [ ] Get the official birth certificate from the county/state vital records office
Within the first few months:
- [ ] Apply for US passport for the baby at a passport acceptance facility or post office (both parents must be present)
- [ ] Apply for OCI card through the Indian consulate/embassy (if you want the child to have easy travel to India)
- [ ] Register the birth with the Indian consulate (optional, but useful for documentation)
If you choose the Indian passport route instead:
- [ ] Do NOT apply for a US passport first
- [ ] Register the birth with the Indian consulate
- [ ] Apply for an Indian passport through the Indian embassy/consulate with VFS Global
- [ ] Both parents sign a declaration of non-acquisition of US nationality
Important: Whichever route you choose, keep certified copies of all documents. Store them safely. You’ll need them more often than you think.
What Happens If You Move Back to India?
Many families in our community have moved back to India with US-born children. Here’s what their experience tells us.
Schools: Most private and international schools in Bangalore, Hyderabad, and other cities admit children regardless of passport type for K-12. The process is usually straightforward. Some schools may classify the child under “foreign national” category.
Daily life: With an OCI card and Aadhaar, your child can live a completely normal life in India. There are no restrictions on how long they can stay.
Cultural connection: This is something parents often worry about. Will my US-born child feel “Indian enough”? From what I’ve seen in our community – and from my own experience – kids adapt remarkably well. The earlier you move, the easier the transition. Our guide on how different daily life in India is compared to the US covers this in detail.
Health insurance: Your child won’t be covered under Indian government healthcare schemes automatically. Get a good medical insurance plan in place as soon as you arrive.
Summary Table: Key Benefits of US Citizenship for Indian Parents and Their Child
| Benefit | Advantages |
|---|---|
| US Citizenship | Visa-free travel, consular support, and full legal protections |
| Education Access | Scholarships, reduced tuition, high-quality public education |
| Live, Study, Work | Freedom to work without visas, explore career and business options |
| Family Sponsorship | Ability to sponsor parents and siblings after age 21 |
| Dual Citizenship (OCI) | Visa-free India travel, cultural connection, property ownership |
| Social Benefits | Access to Social Security and Medicare for future security |
| Flexible Career Options | Freedom to work or study in both the USA and India |
Common Questions Parents Ask
Can my US-born child get an Indian passport?
Yes, if both parents are Indian citizens. You register the birth with the Indian consulate and apply for an Indian passport. But remember – the child is still a US citizen by birth. At 18, they’ll need to choose one citizenship.
Does my child need a visa to enter India?
If they have a US passport, they need either an OCI card or an Indian visa. With an OCI card, they have lifelong visa-free travel to India. Without OCI, they’ll need to apply for a visa each time.
Can I get a green card faster because I have a US-born child?
No – not until the child turns 21. There is no immigration benefit while the child is a minor. The child must be at least 21 years old to petition for a parent’s green card.
What if we move back to India permanently? Should we renounce the child’s US citizenship?
This is a very personal decision. Most families in our community recommend keeping US citizenship at least until the child is old enough to decide for themselves (18+). The benefits – passport strength, education access, career flexibility – are hard to replicate once given up. The trade-off is the lifelong US tax filing obligation.
If both parents are Indian citizens on H1B, is the child Indian or American?
The child is a US citizen by birth (born on US soil). They’re also potentially eligible for Indian citizenship through their parents. But since India doesn’t allow dual citizenship, you’ll need to choose one. Most families opt for US citizenship + OCI.
Will the birthright citizenship executive order affect my child?
The executive order specifically targets children born to mothers who are unlawfully present or on temporary visas (like tourist visas) where the father is also not a citizen or LPR. For parents on lawful work visas like H1B or L1, this order doesn’t directly apply. And as of February 2026, the order has been blocked by courts and is not being enforced. The Supreme Court will hear arguments in April 2026.
A Quick Comparison – US Passport vs Indian Passport for Your Child
| Factor | US Passport | Indian Passport |
|---|---|---|
| Visa-free travel | 180+ countries | ~60 countries |
| Right to work in US | Yes, without restrictions | Needs visa/sponsorship |
| Right to live in India | Via OCI (lifelong) | Full citizen rights |
| US tax filing obligation | Yes, lifelong | No |
| Indian education fees | Higher (NRI/OCI quota) | Regular fees |
| Can vote in India | No | Yes |
| Can buy agricultural land in India | No | Yes |
| US Social Security/Medicare | Eligible | Not eligible |
| Green card sponsorship for parents | Yes, at age 21 | Not applicable |
My Personal Take
When our son was born in the US, we got him a US passport and an OCI card. It was the right decision for our family.
But I’ve seen families make the other choice too – and for good reasons.
The right answer depends on your specific situation: where you plan to live long-term, your financial situation, your career plans, and what opportunities you want your child to have.
What I will say is this – don’t make this decision based on what someone in a WhatsApp group told you once. Understand the full picture. Talk to families who’ve been through it. And if there are tax or legal implications, consult a professional.
Our return-to-India checklist can help you think through the bigger picture if you’re planning to move back with your family.
If you’re planning your move back, join our WhatsApp community at https://backtoindia.com/groups – 20,000+ NRIs helping each other with real, lived experience. It’s free and volunteer-run.
Disclaimer: This article is for informational purposes only. Immigration law, tax regulations, and government policies are subject to change. The birthright citizenship legal situation is evolving – please consult an immigration attorney for advice specific to your situation. For tax questions, consult a qualified cross-border tax professional.
Sources: US Constitution (14th Amendment), USCIS guidelines on immediate relatives, Supreme Court docket for Barbara v. Trump, Consulate General of India OCI FAQs, SCOTUSblog, and community experiences from BacktoIndia.com members.
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