If I’m on H1B in US with my 6 years are completing in 9 months and my wife is expecting baby in 8 months, what are the options here for my baby?

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If I’m on H1B in US with my 6 years are completing in 9 months and my wife is expecting baby in 8 months, what are the options here for my baby?

Will he be a US citizen by default? Instead of US citizenship, can I apply for Indian citizenship? If my baby becomes US citizen, can I apply for citizenship on his behalf? In case of US Citizenship, does my baby needs Indian visa to go back with us to India when my visa expires?

Asked on December 12, 2012 under Immigration Law, North Dakota

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your child will be a US citizen by virtue of being born in the US.  As far as conferring Indian citizenship upon him, this is something you will need to inquire about through the Indian Embassy. As far as US citizenship for you and your wife, your child will only be able to petition for your permanent resident status once the child is 21 years of age.


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