India or US

[abaner]

Senior Members your valuable input is required. Appreciate your fedaback.

What is the Status of a Baby born in India to a GC dad & H1 mom, does that Baby need a passport to return to US- what would be the Babys' procedure to get the GC or US Citizenship ?
Does that baby need a H4 visa or can he/she come to us abased on moms' H1 ?

Does having a Baby in US expedites the moms' GC ?

[quark4]

Senior Members your valuable input is required. Appreciate your fedaback.

I'm not a senior member, so you're free to ignore my advice :)

What is the Status of a Baby born in India to a GC dad & H1 mom,

This baby is simply an Indian citizen by descent. He has no connection to the US.

does that Baby need a passport to return to US-

Yes. The baby needs an Indian passport and a US visa. You can get him an immigrant visa (minor child of permanent resident -- F2 category) or H4 (dependent of H1 holder). I suspect that if you apply for his H4, the consular officer may not like the fact that the baby's father is already a PR.

Currently the wait time for F2-category GC is 5 years.


what would be the Babys' procedure to get the GC or US Citizenship ?

If you apply for immigrant visa in F2 category, that *is* the green card. If you apply for H4, his status would adjust when your wife's employment-based GC is approved. (Instead, if she chooses to get a family-based GC once you become a US citizen, well, you can get your baby a GC too.)

In either case, once the baby gets a GC, he can file for US citizenship after 5 yrs. I'm sure his finger prints will be teeny-tiny and his signature will be cute!

Good luck with the birth.