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Baby Born in India for Naturalized parent and Green card parent

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  • Baby Born in India for Naturalized parent and Green card parent

    Hello all,

    I received my USC in Oct 2019 and we traveled to India in Jan 2020 and due to he pregnancy in this COVID situation/lock down and we did not travel back to US and stayed in India and we are also expecting a child while in India. My wife is a Green card holder.

    Is the baby born in India can get US passport ? or will the baby be an Indian Citizen and i need to obtain and Indian passport ?

    has anyone gone thru this process ? thanks

  • #2
    The baby will likely be both an Indian and a US citizen at birth.

    The baby is automatically an Indian citizen at birth due to being born in India to at least one Indian citizen parent, and the other parent is not an illegal migrant.

    In this case where the child is born outside the US to one US citizen parent and one alien parent, in wedlock, the child is automatically a US citizen at birth if the US citizen parent (you) had been physically present in the US in all your life before the baby's birth for a cumulative total of 5 years, including 2 years after you turned 14. Since you naturalized as a adult, you must have been a permanent resident for 5 years before you naturalized, and so it is very likely that, once you count the time you were in the US as a permanent resident, as well as before you were a permanent resident, and up to now, you have well more than 5 years (and all of it would be after you turned 14).

    As the child will be a US citizen at birth, you can get a CRBA and US passport for the child at any time. Getting a US passport may cause the Indian government to revoke the child's Indian citizenship.

    This is my personal opinion and is not to be construed as legal advice.

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