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Indian Born US citizen of US citizen parent

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  • Indian Born US citizen of US citizen parent

    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?

  • #2
    You don't have to live in the US for 5 years after getting US citizenship.
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    • #3
      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? If not how long does it take for the child to get his/her citizenship after applying, and whats the process for applying, should the child come to US on greencard and then his/her parent apply for child's citizenship in US or can it applied even in India, should one of the parents be residing in Us at the time applying for child's citizenship?

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      • #4
        If both husband and wife are permanent residents, and if a child is born to permanent
        resident mother, a child is also permanent resident, if certain conditions are met.
        A child must be brought to the US on mother's first return trip, before the child
        is 2 years of age. A visa is not required for child. Carry child's birth certificate.
        Appropriate paperwork will be processed at the port of entry, based on the mother's permanent resident status. The child gets a GC upon entry. There are detailed posts on the forum on this subject. Look for it.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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        • #5
          based on your situation, as you mentioned your wife is on H1 and you are permanent resident, if your wife delivers a baby before you become citizen.
          In that case your child born in India doesn't qualify for GC or US citizenship.
          but your child does qualify for H4 dependant visa. once he arrives in USA, and after you become citizen, he will automatically become US citizen.

          but as you said you will apply your citizenship next year, then you have a long way to go.

          my personal opinion is that your wife should deliver a baby in US, but it's your choice.

          good luck

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