Do the parents need Visa to revisit US if their child is US citizen?

[ProudNIndian]

Hi,

I am on L1 visa and my wife is on L2 visa right now. We both are Indian citizens and we are expecting our first child to be born in early March 2010. As I understand, on birth the child will get the US citizenship by default and we are planning to have US passport for him/her and OCI card for baby after birth and would be returning back to India in May 2010. Our visa are due by December 2012.

However the important question answer to which I could not find any where is what happens to such parents who are not US citizen but have a child who is US citizen and wants to travel to US having no visa (after current visa expires in Dec 2012)? How do we handle this situation?

Please advise.

Thanks in advance.

[shervin143]

Just because the child is born in U.S doesn't grant the parents any special permission to visit U.S without a visa. Unless you are a citizen of U.S or hold a GC, you need a visa to enter U.S. The U.S born child can sponsor GC for the parents when he/she turns 18 years. Family based GC will take about 12 year.

[immihelp]

What shervin is saying is almost correct.

Just few corrections:
Before the child can sponsor, the child has to be 21 years of age. After that, child can sponsor parents as immediate relatives (IR) and that currently takes around 1 year or less.

Until then, having a U.S. citizen does not give any special rights to enter or remain in the U.S. You will have to maintain your own status as if you had no U.S. citizen child.

[shervin143]

Thanks a lot for that information.

What shervin is saying is almost correct.

Just few corrections:
Before the child can sponsor, the child has to be 21 years of age. After that, child can sponsor parents as immediate relatives (IR) and that currently takes around 1 year or less.

Until then, having a U.S. citizen does not give any special rights to enter or remain in the U.S. You will have to maintain your own status as if you had no U.S. citizen child.

[DMX17]

I hope the wait time remains unchanged in 21 years!

[kabkaba]

You can apply for any visa (B1, H1, L1, F1, J1 etc.) if you qualify for it just like anybody else.

[abhayg4]

Hi OP,

One more clarification - your child is not eligible for OCI but he/she is eligible for PIO card.

Please refer FAQ section of OCI (Indian Consulates)


6. Are minor children whose both parents are Indian citizens eligible for OCI?
Answer : No. Foreign born minor children are not eligible for OCI if both the parents are Indian citizens holding Indian Passports.

Thanks and Regards,
Abhay

[ProudNIndian]

So that means, only after child becomes major he/she can apply for our Green Card. Prior to that, if child wants to travel to US, (s)he can travel alone or with some one else. Is that correct?

[Subramanya]

So that means, only after child becomes major he/she can apply for our Green Card. Prior to that, if child wants to travel to US, (s)he can travel alone or with some one else. Is that correct?

---- Yes He/She can travel alone or with someone else who has valid visa stamped on their Passport

Subramanya