This article was last updated and fact checked on April 28, 2025 by Mani Karthik.
When my cousin called me asking if she could keep her Indian passport after becoming a US citizen, I realized how confusing dual citizenship rules can be.
I faced the same questions during my own citizenship journey, wondering if I could maintain connections to both countries.
After navigating this complex topic myself and helping dozens of family members understand their options, I can clearly explain what’s possible and what’s not when it comes to dual citizenship between India and the USA.
In this article...
Quick Overview: Dual Citizenship Between India and USA
India does not permit dual citizenship under any circumstances. When you become a US citizen, you automatically lose your Indian citizenship.
However, former Indian citizens can apply for an Overseas Citizen of India (OCI) card, which provides many benefits similar to citizenship except voting rights and government employment.
The USA fully permits dual citizenship, allowing naturalized Americans to hold another passport if the other country permits it.
This creates a one way situation where Americans can obtain Indian citizenship but Indians cannot maintain their citizenship after becoming Americans.
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However there are other choices like these, as well.
Understanding Citizenship Laws in Both Countries
Indian Citizenship Law
India’s stance on dual citizenship is clear:
- The Constitution of India does not allow holding citizenship of another country simultaneously with Indian citizenship
- Automatically lose Indian citizenship upon acquiring citizenship of another country
- Must surrender Indian passport within 3 months of acquiring foreign citizenship
- Penalties exist for traveling on Indian passport after acquiring foreign citizenship
United States Citizenship Law
The US has a more permissive approach:
- No laws against holding citizenship in another country
- US citizens can acquire another nationality without losing American citizenship
- When naturalizing as a US citizen, you take an oath renouncing other allegiances, but this has no legal effect on other citizenships
- Can hold and use multiple passports (though must use US passport when entering the US)
💡 Pro Tip: If you’re planning to become a US citizen, start the OCI application process early. Gather all your required documents like your old Indian passport, birth certificate, and US naturalization certificate before your citizenship ceremony. This preparation will help you submit your OCI application immediately after becoming a US citizen, minimizing the gap in your ability to travel easily to India.
The Overseas Citizen of India (OCI) Option
Since true dual citizenship is not possible, the OCI card is the next best option:
What an OCI Card Provides:
- Multiple entry, lifelong visa to visit India
- Right to live and work in India indefinitely
- Parity with Indian citizens in economic, financial, and educational matters
- Ability to purchase non agricultural property in India
- Eligibility for all Indian educational institutions
What an OCI Card Does Not Provide:
- Voting rights in Indian elections
- Ability to hold public office in India
- Ability to purchase agricultural property
- Indian passport or full citizenship status
- Right to practice certain restricted professions
OCI Application Process:
- Surrender your Indian passport and obtain a surrender certificate
- Complete the online OCI application form
- Submit required documents (surrender certificate, US passport copy, etc.)
- Pay the application fee (approximately $275 in 2025)
- Track application status online
- Receive OCI card (processing takes 8 to 12 weeks)
Common Questions About Dual Citizenship Between India and USA
What happens to my Indian citizenship when I become a US citizen?
You automatically lose your Indian citizenship the moment you acquire US citizenship. Indian law does not recognize dual citizenship, so you must surrender your Indian passport and obtain a surrender certificate from the Indian consulate within three months of becoming a US citizen.
Can I travel to India on my Indian passport after getting US citizenship?
No, using your Indian passport after acquiring US citizenship is illegal under Indian law and can result in penalties including fines and potential legal issues. Once you become a US citizen, you should only travel to India using your US passport with a valid visa or OCI card.
If I’m a US citizen, can my children have dual citizenship?
Children born in the USA automatically become US citizens regardless of their parents’ citizenship. If one or both parents are Indian citizens at the time of the child’s birth, the child may be eligible for Indian citizenship by descent. However, they must choose one citizenship upon turning 18, as India does not allow dual citizenship even for those born with it.
| Status | India’s Position | USA’s Position |
|---|---|---|
| Dual Citizenship | Not permitted | Fully permitted |
| Using Foreign Passport | Illegal after getting foreign citizenship | Legal with other country’s permission |
| Children Born Abroad | Can register as Indian citizens by descent | Can be US citizens if parents meet conditions |
Common Mistakes People Make Regarding Dual Citizenship
1. Using Indian Passport After US Naturalization
Many new US citizens continue using their Indian passport, unaware that their Indian citizenship automatically terminated upon US naturalization. This can lead to fines and legal complications.
2. Not Surrendering Indian Passport
Failing to formally surrender your Indian passport after US naturalization can result in penalties when applying for an OCI card or visiting India later. The surrender certificate is a required document for OCI applications.
3. Misunderstanding OCI Benefits and Limitations
Some people incorrectly believe the OCI card grants them full dual citizenship. Understanding its limitations regarding voting, public office, and certain property rights is important for making informed decisions.
4. Overlooking Tax Implications
US citizens must file US tax returns regardless of where they live or earn income. Many assume that giving up US connections eliminates tax obligations, but US citizenship creates lifelong tax filing requirements.
FAQs About India USA Dual Citizenship
Can I renounce my US citizenship and get my Indian citizenship back?
Yes, if you renounce your US citizenship, you can apply to restore your Indian citizenship, provided you meet the eligibility criteria. This process requires filing an application for Indian citizenship restoration and typically takes 6 to 12 months for approval.
Does getting a green card affect my Indian citizenship?
No, obtaining US permanent residency (green card) does not affect your Indian citizenship. You only lose Indian citizenship when you naturalize as a US citizen. As a green card holder, you remain an Indian citizen and should continue to use your Indian passport for international travel.
How does dual citizenship affect military service obligations?
Dual citizens may face competing military service obligations. However, since true dual citizenship is not possible between India and the US, this is not typically an issue. OCI cardholders are not subject to Indian military service requirements.
Can I hold political office in either country with dual citizenship?
As an OCI cardholder, you cannot hold political office in India. As a naturalized US citizen, you can hold most US political offices except for President, which requires natural born citizenship.
Do I need to file taxes in both countries?
As a US citizen, you must file US tax returns regardless of where you live. OCI cardholders are only taxed in India on income earned in India. The US India tax treaty helps prevent double taxation on the same income.
Bonus Tips for Managing Indian American Connections
Consider tax treaties. The US India tax treaty prevents double taxation but requires careful planning and possibly assistance from a tax professional familiar with both systems.
Maintain valid documentation. Keep your OCI card, surrender certificate, and US passport current and renewed well before expiration dates.
Create a document portfolio. Maintain digital and physical copies of all citizenship related documents in a secure, organized system.
Plan property ownership carefully. Understand restrictions on property ownership for OCI cardholders versus Indian citizens before making investments.
Research pension and social security benefits. Determine how your citizenship status affects retirement benefits from both countries.
💡 Pro Tip: If you frequently travel between the US and India, get a multiple year Indian visa in addition to your OCI application. The OCI process can take several months, but you can continue traveling with a standard visa while your OCI application is processing.
Key Takeaways About India USA Dual Citizenship
- True dual citizenship is not possible as India does not permit it
- You automatically lose Indian citizenship upon becoming a US citizen
- The OCI card provides most benefits of Indian citizenship except voting and political rights
- Surrender your Indian passport promptly after US naturalization to avoid penalties
- US citizens must always use their US passport when entering the US
- OCI status is not technically citizenship but provides lifetime visa free access to India
- Understanding the distinctions helps you maintain legal status in both countries
- Children born in the US to Indian parents face citizenship choices at adulthood
While true dual citizenship remains impossible between India and the USA, the OCI program offers a practical alternative that allows former Indian citizens to maintain strong connections with India while enjoying the benefits of US citizenship.
I hope this guide helps clarify your options for maintaining ties to both countries!
Whether you choose US citizenship with OCI status or decide to remain an Indian citizen with US permanent residency, understanding these rules helps you make the best decision for your unique situation. Safe travels between your two homes! ✈️
