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A Child of One US Citizen Parent (Born Abroad) in India a US Citizen?

Location: Santa Clara, CA

I am a US citizen. My wife is an Indian citizen. I’ve been in the US for 10 years and I became a US citizen 1 year back. If we go back to India this year and my wife gives birth to our child in India, does our child become a US citizen?

Looking forward to get a reply!

A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions 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.

Mr. Smith is an attorney with over 25 years of immigration experience with complex immigration issues and successful filings. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Smith’s statement above does not create an attorney/client relationship.

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