Does my child qualify for citizenship at birth

#1
Hi
I am a naturalized US citizen. I can prove at least 8 years of physical presence in the US in the capacity of a H1-b visa holder and a green card holder.
My child was born in INDIA July2008, We (me and my spouse )were naturalized in Dec 2008.
Does she qualify for citizenship at birth

In addition since she resides with my spouse in india because of family responsibilities of taking care of elderly parents can I use the N600K




Regards
Danny
 

SusieQQQ

Well-Known Member
#2
If she was born before you became citizens, as you indicate, no. You would have had to be citizens and meet the requirements for passing on citizenship in a birth abroad, all before she was born.
 

newacct

Well-Known Member
#3
As SusieQQQ said, your child is not a US citizen at birth since neither of you were US citizens at the time of her birth.

There are two ways for her to get US citizenship, depending on if your family intends to stay residing outside the US or move to the US.

If you guys will move to the US, either you or your spouse would petition your child to immigrate with I-130. As an unmarried under-21 child of a US citizen, she would be in the Immediate Relative category with no wait for visa numbers. Once she enters the US on her immigrant visa, she immediately becomes a US permanent resident (green card holder), and she also immediately becomes a US citizen under INA 320 as a permanent resident under 18 living in the US with a US citizen parent.

If you guys will remain residing abroad, you can file N-600K for her to go through the INA 322 naturalization process. When it is approved, she would enter the US on a visitor visa to attend the interview and oath (though it might be waived for a child this young) and become a citizen.
 
#4
Thank you all for your prompt replies
If she enters the US during an academic year would it be okay to go back finish the academic year and come back will she still be eligible for INA 320
and what are the restrictions on such a green card (given at the time of entry)
 

newacct

Well-Known Member
#5
Thank you all for your prompt replies
If she enters the US during an academic year would it be okay to go back finish the academic year and come back will she still be eligible for INA 320
and what are the restrictions on such a green card (given at the time of entry)
There are no restrictions beyond that of any other green card holder.

She will automatically become a citizen under INA 320 when all the conditions are met, either on the first trip or the second (I am not sure whether she would be considered to be residing in the US on the first trip).
 

newacct

Well-Known Member
#7
Can she apply for a passport after she enters the US? or must she wait to get the green card and then apply
She should be able to apply for a US passport immediately after she enters the US. The immigrant visa, upon entry, turns into an I-551 valid for 1 year, which is equivalent to a green card for all purposes. So submitting her foreign passport (containing her immigrant visa which turned into I-551) plus her parent's proof of US citizenship plus her parents' marriage certificate showing custody, should be sufficient to prove her US citizenship. She should not need to wait for the physical green card.
 
#8
Thank you very much
if I understand correctly the ds-11 form we can apply for a passport without a SSN while declaring that we have not been issued one and in the renewal it can be updated after getting one. Did i understand correctly ?
 
Top