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Can a kid born in India get US citizenship

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  • Can a kid born in India get US citizenship

    Background:
    Both Parents are Naturalised US Citizens. Move back to India.

    Questions:Can KID born in India be US citizen ?

    IF the answer is YES:
    How can the kid get a US passport ? What other things need to be done ?
    N-400 timeline
    DO : San Jose
    05/03/06 : mailed to CSC
    05/05/06 : N-400 Receive Date (Priority Date)
    05/10/06 : Check cashed
    05/17/06 : N-400 Notice Date
    06/01/06 : FP Notice Date
    06/09/06 : FP Appointment
    07/20/06 : Interview Notice Date
    09/18/06 : Interview Appointment
    10/18/06 : Oath

  • #2
    According to Sec. 301 (c) of the Immigration and Nationality Act the following person is a US citizen:

    a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person
    Since you were naturalized, you would have had to meet the residency requirement. Your spouse does too but that is besides the point.

    You should apply for a Consular Report of Birth Abroad (FS-240) (http://travel.state.gov/passport/get...first_828.html) for your child and also apply for his/her passport. Contact your US consulate in India to determine the procedure to be followed to obtain these documents.

    Comment


    • #3
      residence

      Does it mean residence in US as a US citizen. ?

      I am a US citizen and wife will become one in next few months.
      N-400 timeline
      DO : San Jose
      05/03/06 : mailed to CSC
      05/05/06 : N-400 Receive Date (Priority Date)
      05/10/06 : Check cashed
      05/17/06 : N-400 Notice Date
      06/01/06 : FP Notice Date
      06/09/06 : FP Appointment
      07/20/06 : Interview Notice Date
      09/18/06 : Interview Appointment
      10/18/06 : Oath

      Comment


      • #4
        Since the statute does not explicitly mention citizenship, the current interpretation is that either parent needs to have merely resided in the US at some point in his/her life. At any rate, assuming that you were naturalized in the US, you would still meet the narrower interpretation since the statute does not mention a specific time frame. Things are a little more complicated when only one of the two parents is a citizen.

        Comment


        • #5
          Originally posted by cp-gc
          I am a US citizen and wife will become one in next few months.
          I take it that the child will be born only after your wife acquires US citizenship.

          Comment


          • #6
            Only one parent have to be US citizen. Two of my kids were born overseas, my husband is a US Citizen but I'm not and both of my kids are US Citizens. Go to the embassy and bring all the documents that proof that your are in fact an US citizen. I suggest you call first to check what you need to bring with you on the date of your appointment.

            Comment


            • #7
              Derived citizenship laws have changed many times in the past 80 years. Check here for a quick summary of the current law. In particular note the differing requirements between one or both parents being citizens.
              USC 7/14/2006

              Comment


              • #8
                Originally posted by gordi9
                Only one parent have to be US citizen.
                True but there are more requirements of the citizen parent. Sec. 301 (g) applies in this case and it states that the following person is a citizen:

                a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;
                Things are a lot simpler when both parents are US citizens.

                Comment


                • #9
                  This is from the State Department website:
                  Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.
                  VSC/Arlington DO
                  N-400 Priority Date: 07/14/2004
                  Fingerprint: 01/13/2005
                  Interview: 06/08/2005
                  Lawsuit: 01/04/2006 USDC Eastern VA/Alexandria
                  Interview 2: 04/27/2006
                  Fingerprint 2: 04/27/2006
                  Oath: 05/05/2006

                  Be prepared to fight and stand-up for yourself or let others put your life on hold. The choice is yours.

                  Comment


                  • #10
                    Originally posted by cp-gc
                    Background:
                    Both Parents are Naturalised US Citizens. Move back to India.

                    Questions:Can KID born in India be US citizen ?

                    IF the answer is YES:
                    How can the kid get a US passport ? What other things need to be done ?
                    If the kid is born in India after Naturalization of both parents ( Both parents USC) , then the child is a USC at birth. All you have to do is to go to your nearest US Consulate, with child, its birth certificate , progressive photos of child, Naturalization certi of both parents, passports of both parents etc. Both parents and the child must go personally. They will give you the certi of citizenship right away , and you also apply for passport which will arrive later.

                    Comment


                    • #11
                      My question:

                      Does the physical presence rule for inherited citizenship (from 1 USC parent) only include physical presence after citizenship is obtained? I asked a lawyer this question (while he wasn't on the clock) and his response was "no one has ever asked me that before".

                      The reason I ask is that my daughter became a US Citizen with the naturalization of my wife last June 1. She has been pretty much physically present in the US for the last 15 years. She will turn 18 in the spring, and may leave the US to go to University next fall. I'm curious if she's already met the physical presence rules for her off-spring (assuming she meets someone at school and settles down to have a family).

                      Anyone know the answer to this?

                      Comment


                      • #12
                        I think her kid can qualify for expedited naturalization based on your/or your wife's citizenship (grandparent rule). Check this out.

                        IF YOU AND THE CHILD ARE RESIDING ABROAD, THE CHILD MAY BE ELIGIBLE FOR EXPEDITIOUS NATURALIZATION IF YOUR PARENT, THE CHILD'S U.S. CITIZEN GRANDPARENT, WAS PHYSICALLY PRESENT IN THE UNITED STATES FOR A PERIOD TOTALING 5 YEARS, 2 AFTER THE AGE OF 14. THE GRANDPARENT CAN BE LIVING OR DECEASED AT THE TIME OF THE APPLICATION. IF DECEASED, THE GRANDPARENT MUST HAVE BEEN A CITIZEN PRIOR TO THE CHILD'S BIRTH AND AT THE TIME OF THE GRANDPARENT'S DEATH.

                        Q. I WILL BE LIVING ABROAD WITH MY FAMILY FOR SOME TIME. HOW DO I APPLY FOR EXPEDITIOUS NATURALIZATION FOR MY CHILD USING THE "GRANDPARENT" PROCEDURE?

                        A. COMPLETE AND FILE BCIS FORMS N-600 - APPLICATION FOR CERTIFICATE OF CITIZENSHIP AND N-600/N-643 SUPPLEMENT A - APPLICATION FOR TRANSMISSION OF CITIZENSHIP THROUGH A GRANDPARENT. SEND FORM N-600, N-600/N-643 SUPPLEMENT A, SUPPORTING DOCUMENTS AND THE REQUIRED FEE TO ONE OF THE 51 BCIS FIELD OFFICES IN THE UNITED STATES . FOR INFORMATION ABOUT HOW TO OBTAIN BCIS FORMS CLICK HERE OR CALL 1-800-870-3676.

                        BCIS WILL DETERMINE WHETHER YOUR CHILD IS ELIGIBLE AND APPROVE THE APPLICATION, THEN FORWARD YOU A LETTER AND NATURALIZATION APPOINTMENT DATE. YOU PRESENT THE BCIS APPROVAL AND APPOINTMENT LETTER TO THE U.S. EMBASSY OR CONSULATE.

                        THE U.S. EMBASSY OR CONSULATE WILL ISSUE THE CHILD A B-2 VISA. THIS PROCEDURE ALLOWS PARENTS TO MAKE A ONE STOP VISIT TO THE UNITED STATES FOR THE PURPOSES OF NATURALIZING THEIR CHILD AS A U.S. CITIZEN.

                        Q. CAN I USE MY PARENTS' (THE CHILD'S U.S. CITIZEN GRANDPARENTS') PHYSICAL PRESENCE IN THE UNITED STATES TO JUST APPLY FOR A U.S. PASSPORT AND FOREIGN SERVICE REPORT OF BIRTH OF THE U.S. CITIZEN ABROAD AND AVOID THE VISA AND NATURALIZATION PROCESS?

                        A. NO. THE TECHNICAL CORRECTION ACT OF 1994 DID NOT AMEND SECTION 301(G) OF THE IMMIGRATION AND NATIONALITY ACT REGARDING ACQUISITION OF U.S. CITIZENSHIP OF CHILDREN BORN ABROAD. SECTION 322 INA CREATED A PROCEDURE FOR EXPEDITIOUS NATURALIZATION OF AN ALIEN CHILD BORN TO A U.S. CITIZEN PARENT.

                        Q. ARE THERE ANY TIME LIMITS FOR THE APPLICATION?

                        FOR THE NATURALIZATION BENEFIT TO BE GRANTED, THE APPLICATION MUST BE FILED, ADJUDICATED AND APPROVED BY BCIS, WITH THE OATH OF ALLEGIANCE ADMINISTERED BEFORE THE CHILD'S 18 TH BIRTHDAY.
                        F1 Visa (Mumbai, IN):June 1998
                        1st US Entry:Aug 1998
                        F1 OPT Priority:March 2000
                        F1 OPT Approval:June 2000
                        H1B Priority:Nov 2000
                        H1B Approval:Feb 2001
                        H1B Visa (CJ, Mex):May 2001
                        I140/I485/I765 Priority:Nov 2002 (EB2-NIW, India) (TSC)
                        I140/I765 Approval:June 2003
                        I485 FP:June 2003
                        H1B Ext Priority:Aug 2003
                        I485 Approval:Sept 2003
                        H1B Withdrawal (W/O Prej):Dec 2003
                        N400 Priority:July 2008 (SAT, TX DO)
                        N400 FP:July 2008
                        N400 Interview/Approval:Oct 2008
                        N400 Oath (DONE DEAL):Oct 2008

                        Comment


                        • #13
                          Sorry, I did not read your question thoroughly. I think her kid will automatically qualify for US citizenship as she has 5 years of stay (2 years after age 14). Nowhere does it say that the stay has to be as a US Citizen. If the DOS creates a problem, I am sure it can be litigated. Is there any court precedent for this?
                          F1 Visa (Mumbai, IN):June 1998
                          1st US Entry:Aug 1998
                          F1 OPT Priority:March 2000
                          F1 OPT Approval:June 2000
                          H1B Priority:Nov 2000
                          H1B Approval:Feb 2001
                          H1B Visa (CJ, Mex):May 2001
                          I140/I485/I765 Priority:Nov 2002 (EB2-NIW, India) (TSC)
                          I140/I765 Approval:June 2003
                          I485 FP:June 2003
                          H1B Ext Priority:Aug 2003
                          I485 Approval:Sept 2003
                          H1B Withdrawal (W/O Prej):Dec 2003
                          N400 Priority:July 2008 (SAT, TX DO)
                          N400 FP:July 2008
                          N400 Interview/Approval:Oct 2008
                          N400 Oath (DONE DEAL):Oct 2008

                          Comment


                          • #14
                            Originally posted by Flydog
                            My question:

                            Does the physical presence rule for inherited citizenship (from 1 USC parent) only include physical presence after citizenship is obtained? I asked a lawyer this question (while he wasn't on the clock) and his response was "no one has ever asked me that before".

                            The reason I ask is that my daughter became a US Citizen with the naturalization of my wife last June 1. She has been pretty much physically present in the US for the last 15 years. She will turn 18 in the spring, and may leave the US to go to University next fall. I'm curious if she's already met the physical presence rules for her off-spring (assuming she meets someone at school and settles down to have a family).

                            Anyone know the answer to this?
                            Flydog,
                            Let me ask if I understand your problem quite correctly.
                            1. Is your 17 yrs old daughter a USC already based on your wife's Naturalization ( case of derived Citizenship ) ? If that is so , then there is no further reqirements of any short to be met with now.
                            2.The physical presence requirement is for the USC parents in case of Derived Citizenship and NOT for the beificiary child!
                            3.Also in such case , the law does not clearly say that the physical presence of USC parent has to be only as USC or as LPR or under any other status. So I would think such stay can be under any legal status and not necessarily as USC only.
                            4. Does this answer your question? If I have not understood your problem correctly , pl. explain.

                            Comment

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