520. US born child living in India

Cannot get a US Visa . . .

Question: Hi Mr Chand, I work in US under a H1B, staying with my wife (H4). We are expecting a baby and she will deliver in couple of months. I am not interested in getting a US citizenship for my kid as I will leave back to India in mid 2014. Got a lot of useful info under the topic “453. Indian citizen giving birth in USA - Pros and Cons of US citizenship for newborn”. Below is the URL: Indian citizen giving birth in USA - NRI Information nriinformation.com/nri_questions5/faqpage133.htm In addition to the queries/ answers provided in this topic, I have few more queries: - If I get a Indian passport for my kid here in US, how long the kid can stay in US as the passport will not have a US Visa/ I 94. - Will there be any immigration issues when we go back to India. - After going back to India, is it possible to get US visa for the kid. Thanks & Regards, Karthik Kumaresan Answer: Regards to your three questions: Get a birth certificate for your baby. As per the 14th Amendment to the US Constitution. a US born child is a US citizen by birth, at least until the child reaches the age of majority and renounces US citizenship. US citizens don’t need a passport or visa to stay in USA. If you plan to go back to India with a Indian passport for the baby, I can’t see any problems. The answer to your third question as to whether your kid can get a US visa to return to USA and the answer is NO! The US government I doubt will issue a visa to one of their own citizens. As your child would still be a US citizen by birth, you will probably have to get a US passport for the child to return to the US if the child has to return before reaching the age of majority. The only way your child would be able to get a US visa would be if after age 18 the child renounces US citizenship.