Child birth in India or USA?????(Few more questions)

[vijayk225]

Hi,

I am working on H1B visa in USA and my wife is on H4B. I still have 2 years left on
my visa and that can be extended for another 3 years.
My wife is pregnant and now we need to decide where to get the delivery done, India or usa.

Although I will be applying for the greencard but not sure if I get it OR
even if I get it, not sure if I will be planning to settle down here.
That will be based on the job situation after 5-6 years.

I have gone through some of the forum links and some of the questions has been
answered but I still have some doubts and queries.

If Child born in India

1. If I get the greencard, Do we need to pay extra fee for child education(Or other such things)
because he is not US citizen? Is it too high or reasonable difference?

2. When I get the citizenship of US, Will My wife and child will also become citizen?

3.What will be other things to consider when I get the citizenship and child born in India?


If Child born in USA

1. What benefits he will be getting as US citizen?

2. When I have green card and I still have some time to get the citizenship. During that time
when I am not citizen and my child is citizen of USA, what are the thing that I need to consider?

Thanks in Advance
VK

[cncd1]

Child born in India

Will need H4 visa.

For elementary & high school, there is no difference in cost of education. College is so far out as not an issue at this time.

You wife would need to apply for citizenship on her own; child under certain age can tag along with yours.

Child born in USA.

All rights of citizen. No different than if becomes citizen by naturalization except can become president of US if native born.

Cannot benefit you until age 21 when can petition you for green card. But if you are in the country legally, you will have received green card by employment long before that time.

Biggest disadvantage is if you return to India with US citizen child.

If you think you might return home to India in future, best option IMO is born there. India far more prejudiced about foreign born than US.

[vijayk225]

Thanks for your reply.
When you say "child under certain age can tag along with yours",
means based on my H1, he can be in US as dependent(H4) at certain age, right???

And when I become citizen and kid is minor, Can I also apply for kid's citizenship?

Thanks in Advance.
VK

[cncd1]

By tag along, I meant that if still considered a child by the USCIS, he would/could gain citizenship on the basis of your naturalization. Look at USCIS topic "Information for Parents of Foreign-Born Biological Children Residing in the U.S." regarding the Child Citizenship Act for the specifics.

Also, your child can be on H4 as long as he is under 21. He must convert to his own status when no longer eligible. Since you would likely have your citizenship determined before this became an issue, I would not see it as a major factor in your decision.

If your green card was in process and you were fully committed to remaining in US, it would be less of a concern for the baby being born in US. Given that you are uncertain about your future plans, you need to weigh the options and citizenship requirements and benefits in both countries. The US does not place citizen, PR, and guest worker children in different categories for education and those kind of benefits where other countries do give preferential treatment to citizens to the detriment of resident non-citizens.

Have a happy baby!

[vijayk225]

Thanks for the information. It is really helpful.