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I am American citizen and my husband is from India if we have a child in India will it be American citizen?
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I am American citizen and my husband is from India if we have a child in India will it be American citizen?

I have two children now that are born in america and my husband also lives here he wants to move to india . I visited there a year ago for three months I really enjoyed it . We want to have more children . So can I have them in India and they still be American citizens?


    




lovethoseyankees
Rating
No -- it will be a citizen of India. It has to be born here. Or - you will have to apply for his/her citizenship.


my nightstick, your head
Yes, just make sure and bring all your paperwork and the birth certificate to the closest embassy or consulate office. I had this to do for all three of my girls born in Manila. It is really not hard if the staff there is good.


.Haleigha.
My dad has the same issue when he lived in another country and married my mom. They stayed there, have 10 kids. To make all of us american citizen, my dad went to the U.S embassy in that country to apply for citizenship for all kids. The embassy then sent an agent working for the us government to investigate if the kids are really theres. They call it naturalization. As long as one or both parents are american citizen, the kids can be american citizens. Of course there are back taxes in the other countries that you have to pay for for overstaying if you intended to stay there for more than six months i think.


HeddyS
Rating
If you have American citizenship then yes your children are American Citizens too. You will have to go to the American Embassy in India and fill papers, and you will get an American Born Abroad birth certificate. I am from America and my husband is British our daughter was born in Northern Ireland and that is what I had to do. We now live back in America.


Lori K
Rating
Yes. The birth of a child abroad to U.S. citizen parent(s) should be reported to the nearest U.S. Consulate or Embassy as soon after the birth as possible. To do this, the child's parent or legal guardian should file an Application for Consular Report of Birth Abroad of a Citizen of the United States of America (Form FS-579/SS-5). This form may also be used to apply for a Social Security Number for the child. A $65.00 fee is charged for reporting the birth.

The application must be supported by evidence to establish the child's U.S. citizenship. Usually, the following documents are needed:

1. the child's birth certificate;
2. evidence of the U.S. citizenship of the parent(s) such as a certified copy of a birth certificate, U.S. passport, or Certificate of Naturalization or Citizenship;
3. evidence of the parents' marriage, if applicable; and
4. affidavit(s) of the physical presence of the parent(s) in the United States.

Each document should be certified as a true copy of the original by the registrar of the office that issued the document. Other documents may be needed in some cases. Contact the nearest U.S. Embassy or Consulate for details on what evidence is needed.

When the application is approved, a Consular Report of Birth Abroad of a Citizen of the United States of America (Form FS-240) is given to the applicant. This document, known as the Consular Report of Birth, has the same value as proof of citizenship as the Certificate of Citizenship issued by the Immigration and Naturalization Service.

A Consular Report of Birth can be prepared only at a U.S. Embassy or Consulate overseas, and only if the person who is the subject of the report is under 18 years of age when the application is made. A person residing abroad who is now 18 years of age or over, and whose claim to U.S. citizenship has never been documented, should contact the nearest U.S. Embassy or Consulate for assistance in registering as a U.S. citizen.


Cherry
Rating
YES your child is an American Citizen because one parent is a Citizen, so the law says that any person who is a citizen of United Stated and has a kid born in any other country that child will have automatically the United States Citizenship! You can file a petition for your child in the US embassy so this child have a passport and everything in order,! good Luck To You.


GoYankees&Giants!
Yes, your child will be an American citizen.

The Child Citizenship Act, which became effective on February 27, 2001,amended the Immigration and Nationality Act (INA) to provide U.S. citizenship to certain foreign-born children-including adopted children-of U.S. citizens. Specifically, these children include:

-Orphans with a full and final adoption abroad or adoption finalized in the U.S.,

-Biological or legitimated children,

-Certain children born out of wedlock to a mother who naturalizes, and

-Adopted children meeting the two-year custody requirement.

When in doubt, call USCIS:

1-800-375-5283.


♥♥The Queen Has Spoken♥♥
Rating
It is a fact that any child born to an American Parent IS in fact an American Citizen. You will need to submit the birth certificate and certain documentation to the American Consulate in India

You will need to provide your passport, your marriage certificate, photos for a passport for the child and what ever monetary fees associated.


Michelle M
Rating
"Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)."

The above quote is from...
http://www.usconstitution.net/consttop_citi.html

It also details other definitions of what it means to be a "natural born citizen."

You will probably also have to make sure all the proper paperwork is filled out. The US isn't going to automatically recognize someone born outside the US without proof. India will also have its own rules as to the citizenship of that child.


Mandy B
Rating
You will need to file paperwork, but your child will have dual-citizenship of both countires.


Ida Slapter
Nope. If you've already visited there and liked it why did you ask if you should move there.


All Libs R Turds!
you will have to naturalize the ones born in India, unless both you and your husband are US citizens and in good standing!


McCain Palin '08
Rating
no, if you want them to be US citizens, they have to be born in the U.S.!


jademotoko
Rating
If you have the child in India then the child will be classified on their birth certificate as being an Indian Citizen.
My friend is Indian and lives in England but her parents had her in Ireland, so she is Irish on her Passport and on her Birth Certificate.


Mr. Wiseguy
not unless he's/she's born at the US embassy


Jess
No if they are born in India they will be citizens of India. However they can later have dual citizenship or American citizenship but I think the process is a bit long. I would say come to the US to have your baby if you want it to be an American citizen.


ED Lolington
Rating
The child will have Dual-Citizenship (Citizenship to both nations).


Aliyah
Rating
If they were born in American,Than yes.


Vladyc
NO...


Steups
No

It will be of INDIAN nationality until you take it to America and make it a naturalized citizen.


Lola
no.


Tack
I don't think so.

http://immigration.findlaw.com/immigration/immigration-citizenship-naturalization/immigration-citizenship-naturalization-dual.html


Cutcc
Rating
hmmm, I think your child has to be born in America, but don't take my word for it, I'm still a kid.


unreal
No he will have to be naturalize. He needed to be born in the USA. And he can not have two citizenships. He will need to be either American or Indian.


Precious
Rating
Umm, no actually I think they have to be born in america to be considered a citizen.


Mom of two!
Rating
No. You are a citizen of the country in which you are born.


MATTHEW B
no the child has to be born in the U.s. to be a citizen





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