Kids born to US Citizens abroad - What status he the new born kid will get ?

S

sridhy

Registered Users (C)
Hi,

Recently ( Nov 16th, 2009 ), I got my US Citizenship through naturalization. Last 2 years, am working as EXPAT in Mumbai, India for JPMorgan, USA.
Right now, my wife's immgrant visa is under process. I have few questions ..

What will be the status of the kids who born abroad (i.e India ..in my case ) to US Citizen father and mother with Indian citizenship.

Based on that, I want to plan few things ..

I heard, kids born to USC abroad will get US Citizenship and US Passport. Do I need to contact US Emabassy in India regarding this ?

or Do I need to file again immigrant visa for new born kid ( i.e green card ) similar to my wife ?


Please advice ....

Thanks
Sri
 
I think this is the case that applies to you:

"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."
 
Huracan said:
I think this is the case that applies to you:

"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."
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Hi,

I never stayed physically in USA after receiving my US Citizeship ( got citizenship on Nov 16, 2009 ). Since 18 months working as EXPAT in Mumbai, India for US Financial company. Planning to return in Jan 2011. However, I stayed in US from 1998 June to 2008 October (i.e On H1B and Green Card status ).
So, am I meeting the requirement ?
or do they need 5 years physical presence after getting US Citizenship ?

Pl advice.

Thx
Sri
 
Sri,
Since you turned citizen, have you upgraded your wife's petition to the non-quota immediate relative status?
[Edit: corrected in post below] Sounds like you might have to go the green card route for your child, but an IR petition will be processed much, much quicker since there are no quotas.

/s
 
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Your physical presence in the US for 10 years, even as a foreigner, counts for transmitting citizenship to a child born abroad (am I right?). So, your child CAN be issued a US passport after being issued a consular report of birth abroad.
 
My mistake- I double-checked and the time before and after naturalization count towards the physical presence requirement.
 
Last edited by a moderator:
I don't know how that works with India not allowing dual citizenship, though. I suppose you have to apply for OCI for the child?
 
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