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Can a kid born in India get US citizenship

Discussion in 'US Citizenship' started by cp-gc, Nov 4, 2006.

  1. cp-gc

    cp-gc Registered Users (C)

    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 ?
  2. C R S

    C R S Registered Users (C)

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

    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/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.
  3. cp-gc

    cp-gc Registered Users (C)

    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.
  4. C R S

    C R S Registered Users (C)

    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.
  5. C R S

    C R S Registered Users (C)

    I take it that the child will be born only after your wife acquires US citizenship.
  6. gordi9

    gordi9 Registered Users (C)

    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.
  7. boatbod

    boatbod Registered Users (C)

    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.
  8. C R S

    C R S Registered Users (C)

    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:

    Things are a lot simpler when both parents are US citizens.
  9. bashar82

    bashar82 Registered Users (C)

    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.
  10. Radni

    Radni Registered Users (C)

    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.
  11. Flydog

    Flydog Registered Users (C)

    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?
  12. jllag1

    jllag1 Registered Users (C)

    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.
  13. jllag1

    jllag1 Registered Users (C)

    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?
  14. Radni

    Radni Registered Users (C)

    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.

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