Indian born new born of US citizen parent

D

Desi4ever

Registered Users (C)
I would be eligible to get my citizenship next year. My wife is on H1.Suppose my spouse delivers baby in India after i get my citizenship, will the new born baby automatically become US citizen or he /she will become US Greencard?
I read somewhere the below lines:

"people are born U.S. citizens if they are born in the United States or if they
are born to U.S. citizens:

(1) If you were born abroad to ONE U.S. citizen:
In most cases, you are a U.S. citizen if all of the following are true:
• One of your parents was a U.S. citizen when you were born;
• Your citizen parent lived at least 5 years in the United States before you
were born;"

Does this mean that i must have been in US for atleast 5 years after i get my citizenship or could it be 5 years even before i get my citizenship b( basically anytime 5 years in the US) so that my to be born baby in India would become US citizen, please advise?
 
Does this mean that i must have been in US for atleast 5 years after i get my citizenship or could it be 5 years even before i get my citizenship b( basically anytime 5 years in the US) so that my to be born baby in India would become US citizen, please advise?
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Before, after or right in time - does not matter. What does matter however, - presence is not enough. You must have lived, not must have been present.
 
This is an area that has always confused me. However, as it doesn't apply to me I haven't put much effort to understand if they mean 5 years total or 5 years as a citizen. I think I've read other people's opinion that is any combination of 5 years as resident/citizen.
 
I meant if i must have LIVED in US for 5 years as resident before getting my citizenship or do i have to LIVE in US as citizen for 5 years after getting citizenship so that irrespective of which ever country my baby would be born would get US citizenship just because his/her father is a citizen.Also what if child of US Resident (Green card holder) is born in India while his/her father is still on Greencard, does that child get his citizenship at the same time when his/her father becomes US citizen?
 
I meant if i must have LIVED in US for 5 years as resident before getting my citizenship or do i have to LIVE in US as citizen for 5 years after getting citizenship so that irrespective of which ever country my baby would be born would get US citizenship just because his/her father is a citizen.
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You do not have to live in the US as a citizen. 5 years combined in the US as LPR/US citizen is enough. Some other status could count too.

Also what if child of US Resident (Green card holder) is born in India while his/her father is still on Greencard, does that child get his citizenship at the same time when his/her father becomes US citizen?
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No. The child has to be admitted into the US as a GC holder first. Only then the law works like you say for him
 
If child is Green card holder and born in India ( assuming that child automatically becomes green card holder since one of the parent is a Green card holder), and his/her father then gets ciizenship, how long does it take ( processing time) for the child to get his/her citizenship.I understand that the process time is longer for parents or siblings
 
If child is Green card holder and born in India ( assuming that child automatically becomes green card holder since one of the parent is a Green card holder), and his/her father then gets ciizenship, how long does it take ( processing time) for the child to get his/her citizenship.I understand that the process time is longer for parents or siblings
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The child becomes a US citizen automatically at the latest of two dates:
1. Getting GC
2. Naturalization of the father.
 
Hypothetically speaking, wouldn't it be easier for that hypothetical child to be born in the US to obtain US citizenship? ;)
 
Desi4ever said:
If child is Green card holder and born in India ( assuming that child automatically becomes green card holder since one of the parent is a Green card holder), and his/her father then gets ciizenship, how long does it take ( processing time) for the child to get his/her citizenship.I understand that the process time is longer for parents or siblings
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Well, it shouldn't take too long.. just use N-600 for minor child(ren) once parents becomes US citizen. It depends on the DO (field office). See this link: https://egov.uscis.gov/cris/jsps/ptimes.jsp

If you are not sure about rules for minor child, it would be much easier if your child is born in USA. It would help saving time, costs, paperwork, and avoiding problems (verification issues, secondary inspection, birth certificate translation, etc).
 
Well, it shouldn't take too long.. just use N-600 for minor child(ren) once parents becomes US citizen.
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In order to apply for naturalization of the child from abroad, the child has to get visa B-2 to come to the US, naturalize and return back. Unless it is proven the child returns back to the native country after naturalization, B-2 will not be given.
 
Well that's a rather absurd suggestion since a US Citizen is obviously allowed to reside in the US indefinitely
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Than was not a suggestion, but rather precaution.
In case the terms of visa B-2 are violated and it is proven that is was done because of willfull misrepresentation (like in this case), the child could be denaturalized and banned from entering US.

Please do not come up with absurd comments in this thread.
 
raevsky said:
In order to apply for naturalization of the child from abroad, the child has to get visa B-2 to come to the US, naturalize and return back. Unless it is proven the child returns back to the native country after naturalization, B-2 will not be given.
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Getting a B2 to come to the US and naturalize would be a bad advice because the child cannot have the intent to immigrate on B2 visa. Likely B2 visa will be rejected at the consulate if the minor child intents to immigrate. H4 would be best. Since his wife is on H1 visa and H1 allows the dual intent, the child would get H4 if child applies for a separate passport. I am not sure if the child's name can be added to mother's passport which has H1 stamp.
 
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B-2 in order to get to the US to naturalize is the standard way to do naturalization, if the child does not want to immigrate. Thenafter getting naturalized the child leaves the US.

This way to naturalize is not an automatic way. This is a very special way, that starts with submitting N-600K http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD and continues with issuing B-2 visa to the applicant, so he comes to the US for the naturalization interview, and then leaves back to the native country
 
This way is an alternative to the other standard way, where the child wants to immigrate and live in the US as a US citizen. If the child uses the other standard way, he comes to the US, gets GC an the border, and citizenship at the same moment, if a parent is a US citizen. Then the child stays in the US.
 
The way N-600K -> B2 -> US citizenship -> native country cannot be substituted by
N-600K -> H4 -> US citizenship -> native country.

B2 for the purpose of naturalization is a necessary part of this process.
 
From what I've read on the USCIS website, a foreign born child can only become a USC if:

a) he/she is admitted as an immigrant into the US and
b) one of his/her parents is a USC

So, if the child enters as a B2, he/she cannot become an immediate USC until he/she gets a green card. The parents might as well file the immigrant visa for the child off the bat so that the child becomes eligible for the N600 as soon as the immigrant visa is activated.
 
As I said, there is another way to become a US citizen for a child who resides abroad. That is N-600K way (versus automatic naturalization for a GC holder child of US citizen). However, formal naturalization might be a necessary step here.
 
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raevsky said:
Than was not a suggestion, but rather precaution.
In case the terms of visa B-2 are violated and it is proven that is was done because of willfull misrepresentation (like in this case), the child could be denaturalized and banned from entering US.

Please do not come up with absurd comments in this thread.
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I respectfully suggest that you seem to be a bit confused with all those posts.

There are 3 ways for a child born abroad to become a US Citizen.
i. The child may be born a citizen, by virtue of the rules governing birth to one or more USC parents living abroad. Minimum physical presence rules may apply to the parent.

ii. The child may come to the US through one of the normal immigrant paths (e.g. I-130, DS-230) as an LPR, take up residence in the custody of one or more USC parents, and then automatically derive citizenship by virtue of the rules governing the Child Citizenship Act of 2000. If desired, the parents may apply for a certificate of citizenship by filing an N-600, although equally they can simply apply for the child's US passport.

iii. A non-citizen child and his USC parents permanently residing abroad can apply for the child's US citizenship through the N-600K process. If they do that, the child has to legally enter the US and be interviewed before citizenship can be granted. There appears to be no formally mandated method of entry, but a B-2 visa would appear to be appropriate in as much as the child is entering the country as a non-immigrant. The discussion of immigrant intent is erroneous, because the child is not seeking to immigrate to the US, they are simply there to participate in a citizenship interview and then resume living abroad with their USC parents.

There are important distinctions between an N-600 and an N-600K. In the case of an N-600, the child must have already been granted LPR, and the certificate only serves as proof of something the child automatically gained, while in the case of an N-600K, you are actually applying for citizenship for a non-immigrant. The N-600K is a discretionary benefit, the N-600 is not.
 
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