Queries on delivering the baby in US in terms of citizenship

I’ll be travelling next month on H1B to US along with my wife on H4 who’s 3 months pregnant. We don’t have any plans to deliver the baby in US, but considering this as the worst case scenario, how would thing turn out if we get the baby delivered in US in terms of US citizenship ? My concerns are:

1). Would the baby acquire the US citizenship once its born in US?

2). Can we acquire the Indian passport if we want to keep both citizenships? If yes, what are the docs and formalities required?

3). Would the baby be treated as an NRI if it acquires US citizenship and we come back to India after 2-3 years?

Please answer the above queries.


  1. Yes. A baby born in the US is a US citizen by default.

    1. India does not support dual citizenship and hence you cannot apply for Indian Passport for your new born.

    2. Your baby will not be NRI. NRI (Non Resident Indian) is an Indian citizen who is residing in another country.

    A person who is of Indian origin and a US citizen need to acquire POI (Person of Indian Origin) card.

    More info on POI - Travisa Outsourcing