Hi Rajiv Ji,
I have a peculiar situation here .My Conditional Green Card is valid till 30th Sept 2017 . My wife(US Citizen) is Pregnant & her due date is around October 1st 2016. Due to unforseen circumstances ( my current employment being temporary , Health Insurance etc ) , Iam exploring Options of whether my Wife's Pregnancy Delivery could be done in India or in USA .
I had the few questions for you.
1) If the Future baby is born in India( I send my wife to India around Tenative 1st Aug or 1st July 2016) , will the baby be a US Citizen by Birth as per CRPA (Consular Report of Birth Abroad (CRBA) ) as per the following links .
http://hyderabad.usconsulate.gov/reporting_births_abroad_and_citizenship.html
Proof of the U.S. citizen parent's physical presence in the U.S. (This is not required if BOTH parents are U.S. citizens.) For children born to one U.S. citizen and one foreign national, the U.S. citizen parent will need to show five years of physical presence in the U.S., two of which must be after the age of 14. Examples of items that show physical presence are school transcripts, income tax returns with Form W-2, Social Security earnings history, pay receipts, passport entry/exit stamps in current and previous passports, etc.
>>>>DO NOT POST LINKS TO NON GOVERNMENT SITES
Born Outside United States: If the child is born outside of United States then its US citizenship is dependent on the parents' status of citizenship. A child can become a US citizen by birth if:
One parent or both the parents were United States citizens at the time of the child's birth.
The child is born to one parent who is a US citizen and who must have lived at least 5 years in the US before the child was born, and at least 2 of those years should have been after the parent's 14th birthday.
these are my wife's Trips between USA & India when she was a GC Holder.
May 14th 2008(came to USA for first time ) - June 22th 2008 (till in USA )
June 30th 2009(admitted to USA) - 19th Aug 2011 (till in USA )
after 8 + months came back to USA on May 3rd 2012 -
May 3rd 2012 - 10th Oct 2013 ( was in USA b/n these dates)
April 07 2014 admitted to USA again ; Became US citizen in November 2014 ;
** (My wife's first 2 trips outside USA since she got GC were for more than 6 months & 3rd trip was for less than 6 months)
2) Ir-respective of whether future baby is born in USA or in India ,
do you see any other issues/constraints for me(Conditional GC) at the time of me removing Conditions on my Green Card.
Your Advise is Greatly Appreciated.
Sameer