Baby to non-US parents

N

Nayaki

Registered Users (C)
Me and my husband are in US on L2 and L1 Visa respectively. We are expecting our baby in Feb 2007. And we are from India.

Questions:
1) Is our baby a US citizen since he/she is born in US?
2) What are the documents we should apply for after the baby is born?
3) Will there be any issues if I take the baby with me to India after 3 months?
4) Can I apply for OCI on behalf of the baby in India?

Thank you
 
If the baby is born in the US, it will be a US citizen by birth. We just had our first baby and the hospital said they take care of submitting all paperwork - we should receive birth certificate and SSN in the mail.

Naturally you will need to apply for baby's US passport once you receive the birth cert. This can be done at any large post office, and requires personal attendance of BOTH parents to give consent.

Sorry, can't comment on OCI.
 
my baby was born here

my baby wa born here and automatically bcomes american. she has her own passport......u need a visa if u go to india
 
Nayaki said:
Me and my husband are in US on L2 and L1 Visa respectively. We are expecting our baby in Feb 2007. And we are from India.

Questions:
1) Is our baby a US citizen since he/she is born in US?
2) What are the documents we should apply for after the baby is born?
3) Will there be any issues if I take the baby with me to India after 3 months?
4) Can I apply for OCI on behalf of the baby in India?

Thank you
Click to expand...

Just make sure that you don't register your kid with the indian consulate (you have to state under oath that you have not applied for US passport for your kid). If you do register your kid, he/she will become an indian citizen too (atleast in the eyes of indian govt) and he/she will also be a US citizen (in the eyes of US govt). Not registering your kid with indian consulate removes all ambiguties as to what you intend for your kid (want US citizenship and not indian). You can apply for OCI for your baby. Better apply here in US (easier than going through hassles in India).

Make sure your baby is born here, in our case, our parents wanted us to come to India to deliver. I wanted my kid to be US born citizen, did not want my kid to have any dealings with USCIS. Once a US born citizen, its cast in stone. Nobody can come after x amount of years and find mistakes in citizen application or stuff like that. Of course depends on your preference.
 
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3) Will there be any issues if I take the baby with me to India after 3 months?
--> Not as long as you have a visa/PIO card for the baby.
4) Can I apply for OCI on behalf of the baby in India?
--> Not sure. As per few posts in R2IClub, offices in India are refusing OCI to the kid stating one of the parents need to be US citizen. Not sure if NY consulate would do the same.
 
it is not really black & white.

the US will recognize the kid as a US citizen because of the birth in the US. the Indian government will like to recognize the kid as an Indian citizen because of the parent's nationality.

so it is possible that the Indian government can refuse to recognize the kid's US passport. However, I do think that is unlikely.
 
Nayaki said:
Me and my husband are in US on L2 and L1 Visa respectively. We are expecting our baby in Feb 2007. And we are from India.

Questions:
1) Is our baby a US citizen since he/she is born in US?
---------- yes, keep the baby name ready and in hospital you have to fill up the form for birth certificate and SSN card will come through mail, then you need to pay fees for the birth certificate, try to get 2-3 certified copies of birth certificate ( it will come from diffrent office not from hospital)
2) What are the documents we should apply for after the baby is born?
------ you need baby SSN, birth certificate and then US passport
3) Will there be any issues if I take the baby with me to India after 3 months?
--------- US passport of baby and Indian visa stamp or PIO card ( POI card may take 10-15 days) if you want apply OCI then it will take time(3-5 months) better get Indian visa stamp for PIO card check the time taken by your nearest Indian consulate site
4) Can I apply for OCI on behalf of the baby in India?
------------ yes you can if your stay in India is going to be 3-5 month ( take the copy of your spouse passport pages) also take the printout of forms for OCI and take the signature of your spouse on the forms.
Thank you
Click to expand...
 
nats06 said:
my baby wa born here and automatically bcomes american. she has her own passport......u need a visa if u go to india
Click to expand...

the OP does not need a visa to go to india. she is on L2 visa in US. hence she is not an US citizen
 
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