Foreign Born Child - How long to make him a US citizen?

[rgoswami]

Hello,

I am a US Citizen and my wife is an Indian Citizen. We are expecting to have a child soon and the birthplace will be in India. My question is - how long do we have to make the child a US citizen and what is the criterea?

Context:
- I was born and raised in the US and spent 28 years living and working in the US. I moved to India several years ago to be with my wife. I remain a US citizen. Both of my parents are US citizens.
- We are considering making our child an Indian citizen at birth due to tax benfits (not electing for automatic US citizenship). If, however, we later decide it would be beneficial for the child to become a US citizen, is this possible and what are the requirements?

You advice would be greatly appreciated. Thank you in advance.

[newacct]

Hello,

I am a US Citizen and my wife is an Indian Citizen. We are expecting to have a child soon and the birthplace will be in India. My question is - how long do we have to make the child a US citizen and what is the criterea?

Context:
- I was born and raised in the US and spent 28 years living and working in the US. I moved to India several years ago to be with my wife. I remain a US citizen. Both of my parents are US citizens.
- We are considering making our child an Indian citizen at birth due to tax benfits (not electing for automatic US citizenship). If, however, we later decide it would be beneficial for the child to become a US citizen, is this possible and what are the requirements?

You advice would be greatly appreciated. Thank you in advance.

Assuming your child is born in wedlock (which I assume is the case because you say "wife" which implies that the two of you are married), your child will automatically and involuntarily be a US citizen at birth. There is no "electing" -- it is automatic -- you have no choice in the matter. A child who is born abroad in wedlock after 1986 to one US citizen parent and one alien parent is automatically a US citizen at birth if the US citizen parent was physically present in the US for a cumulative total of 5 years before the child's birth, including 2 years after turning 14 (which you satisfy). You cannot renounce the child's US citizenship for him/her and he/she cannot renounce it either until he/she is at least 16 or so.

The child will also be automatically and involuntarily an Indian citizen at birth. Under India's Citizenship Act, a child born in India to an Indian citizen parent, where the other parent is not an illegal migrant, is automatically an Indian citizen "by birth" at birth. There is no provision in the Citizenship Act for an Indian citizen "by birth" to automatically lose Indian citizenship at any age for not renouncing other citizenships, so presumably your child can keep both citizenships forever, if he/she does not get a US passport. However, if he/she gets a foreign passport like a US passport, the Indian government could determine that he/she has lost Indian citizenship.

[ember]

Assuming your child is born in wedlock (which I assume is the case because you say "wife" which implies that the two of you are married), your child will automatically and involuntarily be a US citizen at birth. There is no "electing" -- it is automatic -- you have no choice in the matter. A child who is born abroad in wedlock after 1986 to one US citizen parent and one alien parent is automatically a US citizen at birth if the US citizen parent was physically present in the US for a cumulative total of 5 years before the child's birth, including 2 years after turning 14 (which you satisfy). You cannot renounce the child's US citizenship for him/her and he/she cannot renounce it either until he/she is at least 16 or so.

The child will also be automatically and involuntarily an Indian citizen at birth. Under India's Citizenship Act, a child born in India to an Indian citizen parent, where the other parent is not an illegal migrant, is automatically an Indian citizen "by birth" at birth. There is no provision in the Citizenship Act for an Indian citizen "by birth" to automatically lose Indian citizenship at any age for not renouncing other citizenships, so presumably your child can keep both citizenships forever, if he/she does not get a US passport. However, if he/she gets a foreign passport like a US passport, the Indian government could determine that he/she has lost Indian citizenship.

This ^^

And just to add to that, US recognizes dual citizenship so you cannot "choose" to renounce your child's US citizenship by getting him/her an Indian passport.

[lg18lg]

Your child will recieve an automatic US Citizen.. after birth, you and your wife should go to US Embassy in India and have your child registered.
I am not a lawyer, but i do have friends that had this happen..