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Thread: Child birth abroad to one Citizen Parent.

  1. #1
    Hi, all,

    I have a question and I need little help. The situation is like this. I am US citizen since May 2006. My wife's I-130 is approved. We have one month old Child who is US citizen at birth because I am US citizen and I have been residing here in US since last 8 years. The Mumbai Embassy's web site has everything you need but not clear about it. I know the forms and procedure.

    The question is, Do I have to go there in person or my wife, who is natural parent of the child, can register his birth without me. Is there anything or any document that I have to sign so that she can register his birth and apply for passport.
    Any help will be greatly appreciated.

    Thanks a bunch.

    Chris

  2. #2
    Hi, all,

    I have a question and I need little help. The situation is like this. I am US citizen since May 2006. My wife's I-130 is approved. We have one month old Child who is US citizen at birth because I am US citizen and I have been residing here in US since last 8 years. The Mumbai Embassy's web site has everything you need but not clear about it. I know the forms and procedure.

    The question is, Do I have to go there in person or my wife, who is natural parent of the child, can register his birth without me. Is there anything or any document that I have to sign so that she can register his birth and apply for passport.
    Any help will be greatly appreciated.

    Thanks a bunch.

    Chris

  3. #3
    Why didn't the hospital register the baby? if the hospital register the baby already, then you don't need two parent to go and pick the birth certificate up, But be sure to bring and ID.
    Both parent should be present when you are applying for a child (under 16, both parent should be present) passport. If that is your ****d and it is on the birth cerificate. If its not on the birth certificate then whose ever name is on it have the right and must be present.
    Hope this help!

  4. #4
    Your wife alone can do this. She should take your Natarulization certificate's copy or your Passports copy along with your marriage cetificate to the US consulate for the registeration of birth. She can also call the US Embassy there in Bombay and ask them its easy.

  5. #5
    Thanks guys.

    The local Hospital did register his birth and it has my name as father. My wife can go there with my Naturalization certificate copy and Passport copy along with forms that I have filled up. I got the answer to my question. Now since she can go there alone, it will be easy.

    Thnaks a lot guys.

    Chris

  6. #6
    chichi: According to the Law you are unable to transmit the Citizenship to your child at this time.
    Since you are a Citizen from May 2006.
    In Mumbai we have a United States Consulate General, Embassy is in New Dehli.
    Your child is one month of age, He was born in India, according to Indian Law your wife can not transmit her Citizenship to the child. Indian Citizenship is transmitted through father and not through mother.
    Now see the US Law: if a child is born on or after November 15, 1986:
    Transmission Requirements: Citizen Parent physically present in US or possession 5 years prior to child's birth, two of which after age 14 .

    How you claimed that your child is a US citizen at birth?

    I would appreciate your response:

  7. #7
    As per Consulate site, the transmission requirements are here:

    http://mumbai.usconsulate.gov/transm...irements_.html

    It clearly says:

    Child born in wedlock to one U.S. citizen parent and one non-U.S. citizen parent on or after November 14, 1986: A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship provided the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child.

    Now I am US Citizen. My wife is Indian Citizen and I have been in US since 1998 with few months of visit back to India. I came here when I was 24...so my presence is after my age 14. (It is my age they are talking and not child's age). They have requirements of physical presence of five years not citizenship of 5 years here. I hope this clears your doubts that my son has claim of US Citizenship.

    If you have different information, let me know. That will only help me.
    Thanks,

    Chris

  8. #8
    You become a US Citizen in May 2006.
    Before May 2006 what was your status?

    If he you account your physical present in US as US Citizen have you completed 5 years?

    Birth Abroad To US Citizen Parent and Alien Parent>
    Citizen Parent physically Present in U.S. or possession 5 years prior to Child's birth two of which after the age 14.
    301(g) INA
    P.L. 99-653,
    P.L. 100-525
    How you will account the 5 years as US Citizen, When you said that you have become US Citizen in May 2006?
    How you will proof that you was a Citizen at the age of 14?

    Absences of less than 60 days in aggregate during 2 years period dose not break continuity.
    Citizen parents physically present two years ofter the age of 14.
    Please explain thanks.
    I do understand what you are trying to say, but the law is very clear.
    You have copied the law from US Citizen Services of the Consulate General's web page.
    You must be a US Citizen to cover the age 14 years that is the technical.

    You are lucky that you have only five years to met the requirements.
    According to the prior law You need 10 years physical present as US Citizen and 5 after the age of 14.
    I am not sure how the Vice-Consul or Consul will act on this matter, it all depends upon his/her experience and reading of the laws.
    Give it a try and let us know how did it work for the benefits of others.

  9. #9
    I think there is some misunderstanding. 5 years physical presence doesn't mean you have to be citizen 5 years. You need to be physically present for five years in legal PR status or citizen. I called the consulate and also the INS customer service and it is very clear that at the child's birth if the parent is US citizen and if the parent is physically present for 5 years prior to child's birth then he has claim to derivative citizenship. Tell me one thing, when you become citizen here, your children are not required to file or go to interview if they are under 18. WHY ????

    That is because they get the benefit of derivative citizenship from you. In same way, child of US Citizen borned after citizenship is automatic US Citizen.

    I hope this clears. I will keeep you posted. My wife's appointment is on 12th December in India and I have filled out the forms and notarized it here. I will let you all know what happens.

    Take care,

    Chris

  10. #10
    Adam,

    Did you find anything new regarding this matter ?

    Let me know because that will help me a lot.
    I again called the consulate in India and they said it will be alright. Let's see what happens on 12th December..

    Thanks,

    Chris

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