Kids born to USCitizens abroad

[sridhy_ny 0]

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

[Otto 83]

As a US citizen, you should file a Report of Birth Abroad.

Complete instructions can be found here.

[edward toro 3]

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

Yes they will get U.S Citizenship. Contact the U.S embassy and they will tell you what you need to do and what docs. you need.

Important don't wait until your wife's interview to do all this, it will delay your wife's visa, (for a few weeks only though) but better do it now.

[sridhy_ny 0]

As a US citizen, you should file a Report of Birth Abroad.

Complete instructions can be found here.

Thanks for the information. I will check it out and will give a call to Mumbai Embassy tomorrow to know the exact info.

Thanks again.

[sridhy_ny 0]

Yes they will get U.S Citizenship. Contact the U.S embassy and they will tell you what you need to do and what docs. you need.

Important don't wait until your wife's interview to do all this, it will delay your wife's visa, (for a few weeks only though) but better do it now.

Thanks for the info. I am just collecting the info. Baby's due date is in around 6 1/2 months.

And we are planning to delay out travel plan to March 2011. My wife received packet 3 from Mumbai Embassy and we are not sending that.

If we send the signed forms, they will setup the interveiw in 2 months and we have to live in 6 months. But, we would like to stay until March 2011.

So, planning to delay this process ....In the mean while trying to collect info related to kids status ....

[john_and_marlene 162]

http://www.brianwilliamslaw.com/lawyer-att...08196CBB9E.html

If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least five years, at least two of which must have been after the age of 14.

[Otto 83]

http://www.brianwilliamslaw.com/lawyer-att...08196CBB9E.html

If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least five years, at least two of which must have been after the age of 14.

Excellent point.

[sridhy_ny 0]

http://www.brianwilliamslaw.com/lawyer-att...08196CBB9E.html

If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least five years, at least two of which must have been after the age of 14.

Yes. In our case, am US Citizen and got my citizenship in Nov, 2009. My wife is Indian citizen.

For 10yrs in total I stayed in USA (i.e H1-B 6years, Green card to citizenship - 4 yrs ) and after citizenship no physical stay ..

Does the rule says, after getting US Citizenship, one of the parent should have resided in USA or they just want to see whether one of these parent stayed in USA physically in USA for 5 yrs ( before or after USCitizenship ) ?

So, am I eligible to file ?

thx

sri

[payxibka 10,047]

......

Edited February 24, 2010 by payxibka

[sridhy_ny 0]

Yes. In our case, am US Citizen and got my citizenship in Nov, 2009. My wife is Indian citizen.

For 10yrs in total I stayed in USA (i.e H1-B 6years, Green card to citizenship - 4 yrs ) and after citizenship no physical stay ..

Does the rule says, after getting US Citizenship, one of the parent should have resided in USA or they just want to see whether one of these parent stayed in USA physically in USA for 5 yrs ( before or after USCitizenship ) ?

So, am I eligible to file ?

thx

sri

This is what I see on the USCIS website :

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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But, not clear whether this 5 years requirement is after receiving citizeship or not .... ???????????????????????

[john_and_marlene 162]

Yes. In our case, am US Citizen and got my citizenship in Nov, 2009. My wife is Indian citizen.

For 10yrs in total I stayed in USA (i.e H1-B 6years, Green card to citizenship - 4 yrs ) and after citizenship no physical stay ..

Does the rule says, after getting US Citizenship, one of the parent should have resided in USA or they just want to see whether one of these parent stayed in USA physically in USA for 5 yrs ( before or after USCitizenship ) ?

So, am I eligible to file ?

thx

sri

Rather than speculating, I think it's important to tell you I don't know the answer to that. I would check with the consulate if I were you.

[sridhy_ny 0]

Rather than speculating, I think it's important to tell you I don't know the answer to that. I would check with the consulate if I were you.

Thanks. I will call them tomorrow.

[sridhy_ny 0]

Thanks. I will call them tomorrow.

I called US Embassy, Mumbai today. They said, If I stayed 5 yrs in USA, then my kid will be granted US Citizenship. However, they have mentioned that I have to prove my physical requirements ( i.e Tax returns or social security statement for those years etc., ).. I am not sure how to collect them.

I think I have to search on google again ......

Thanks

Sri

[justashooter 430]

I called US Embassy, Mumbai today. They said, If I stayed 5 yrs in USA, then my kid will be granted US Citizenship. However, they have mentioned that I have to prove my physical requirements ( i.e Tax returns or social security statement for those years etc., ).. I am not sure how to collect them.

I think I have to search on google again ......

Thanks

Sri

your employment records are your best evidence of presence. surely you can contact your past employers and obtain notarised statement from each indicating your period and station of employment. rental records are also good, as are flight itineraries (prolly not saved and would have to be matched against your passport entry stamps). the internal revenue service can send you transcripts of past years taxes paid, but this is not evidence of presence. i worked for 5 years in china while being paid in USA.

[sridhy_ny 0]

your employment records are your best evidence of presence. surely you can contact your past employers and obtain notarised statement from each indicating your period and station of employment. rental records are also good, as are flight itineraries (prolly not saved and would have to be matched against your passport entry stamps). the internal revenue service can send you transcripts of past years taxes paid, but this is not evidence of presence. i worked for 5 years in china while being paid in USA.

Thanks for info.

It seems, it will be quite difficult to obtain rental receipts as I stayed in diff places owned by individuals.

I am working for the same client for past 10years (out of which from 2007 July to 2008 Oct in NY as full time employee and from 1999 to 2007July as a consultant through some NY consulting company and NJ consulting company ).

When I called they said, I can show my tax statements and social security statements. I think I have to request for social security statement ...

I have to call them again to find out what kind of documents are required exactly...

US has all our entry and exit dates....Howcome they need all these details again...very painful process ...

Thanks

Sri