US Citizen Husband - Citizenship/Immigration related issues for wife and the baby

[kumsakthi]

I am a naturalized US citizen and my wife is a green card holder (based on marriage). I am continuosly residing in US from Aug 2010. My wife is pregnant.
Though we currently reside in US, we are thinking to have kid born in India around Jan-Feb 2016 timeframe and then have mother and baby back to US in mid 2016.

In order to make decision, we are looking at the pro's and con's of both the options (delivering baby in US vs. India)

One of the major parameter in the decision making is the immigration related issues for the my wife and baby.

Please advise
a. If the baby is eligible for US citizenship upon the birth. If so, do I need to apply for naturalization certificate (N600) for the baby, in order to apply US passport for the baby or can I go directly for obtaining the US passport for the baby, so that the baby can enter into US.

b. Can the baby get US passport from India itself easily and the Indian visa without any issues. If so, how long it will take to get the US passport.


From my wife's immigration (future citizenship) perspective.
a. How long my wife can be outside of US without having any issues to her green card/getting back to US/while applyting for her citizenship

Also please advise if it is better to have the baby born in US itself from the US immigration/citizenship perspective for the mother and baby.

[rayb]

Kumsakthi,

Without knowing how long you have been a naturalized U.S. citizen, it is not possible to say whether the child will be eligible to claim U.S. citizenship before coming to the U.S.

If the U.S. Embassy where you register birth sees that you have not had U.S. citizenship for at least 5 years (and the critieria may be more complicated than that), you will have to petition the child as an immigrant, then apply for his citizenship recognition after eh is in the U.S.

To avoid the "test" described above, my advice was to give birth in the U.S.

If your wife is outside the U.S. for 6 months or more, her Naturalization application will be adversely affected.

--Ray B

I am a naturalized US citizen and my wife is a green card holder (based on marriage). I am continuosly residing in US from Aug 2010. My wife is pregnant.
Though we currently reside in US, we are thinking to have kid born in India around Jan-Feb 2016 timeframe and then have mother and baby back to US in mid 2016.

In order to make decision, we are looking at the pro's and con's of both the options (delivering baby in US vs. India)

One of the major parameter in the decision making is the immigration related issues for the my wife and baby.

Please advise
a. If the baby is eligible for US citizenship upon the birth. If so, do I need to apply for naturalization certificate (N600) for the baby, in order to apply US passport for the baby or can I go directly for obtaining the US passport for the baby, so that the baby can enter into US.

b. Can the baby get US passport from India itself easily and the Indian visa without any issues. If so, how long it will take to get the US passport.


From my wife's immigration (future citizenship) perspective.
a. How long my wife can be outside of US without having any issues to her green card/getting back to US/while applyting for her citizenship

Also please advise if it is better to have the baby born in US itself from the US immigration/citizenship perspective for the mother and baby.

[kumsakthi]

Kumsakthi,

Without knowing how long you have been a naturalized U.S. citizen, it is not possible to say whether the child will be eligible to claim U.S. citizenship before coming to the U.S.

If the U.S. Embassy where you register birth sees that you have not had U.S. citizenship for at least 5 years (and the critieria may be more complicated than that), you will have to petition the child as an immigrant, then apply for his citizenship recognition after eh is in the U.S.

To avoid the "test" described above, my advice was to give birth in the U.S.


--Ray B

I got naturalized US citizenship in Sep 2006 but relocated to India from July 2009 to Aug 2010 and since Aug 2010, I am residing in US

Will I "pass the test"?

[inadmissible]

Congratulations on the upcoming baby!

A child born outside of the United States and its outlying possessions acquires citizenship at birth if at the time of birth:

* One parent is a foreign national and the other parent is a U.S. citizen; and

* The U.S. citizen parent was physically present in the United States for at least 5 years, including at least 2 years after 14 years of age.

Please reference the USCIS Policy Manual, Volume 12 (Nationality), Section H (Kids)

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter3.html