i am a non immigrant, working in the USA.have good education ,decent earning and a cute wife.we are expecting a baby in spring 2016.?

Question

is it mandatory that the child should have US citizenship? or can i opt (for the baby) for the citizenship of my native country.i do not want to be in a situation where a person need / required to go through naturalisation procedure at later time,to get citizenship of either of the nations.any guidance or suggestions? which will be a lesser of the evils.

sunshine_mel · Answer

If the baby is born in the USA, it is automatically a US citizen, irrelevant of anything else.

Usually it will also automatically get the citizenship of its parents.

The child can choose to revoke citizenships at 18.

StephenWeinstein · Answer

You cannot opt for a child to be born in the USA not to have U.S. citizenship.

If you don't want the child to have U.S. citizenship, then you have to get your wife out of the U.S. in time for the baby to be born out of the U.S.

If the child is born in the U.S., then it has to start life as a U.S. citizen.  Depending on the laws of your home country, it might be a citizen of that country as well, or it might be only a citizen of the U.S.

ibu guru · Answer

Make sure your wife goes home to give birth.  Get a passport from your country of citizenship for baby, and a dependent visa under your employment visa.

If baby is born in US, it is a US citizen and can ONLY enter/exit US on US passport.  You would have to get baby's dual-nationality & passport from your country of citizenship to take baby home with you when your job ends.  Baby would be stuck in the US Tax Trap until it renounces US citizenship after it turns 18.  Then it gets hit with the Exit Tax in order to renounce.

Since you are only temporarily in the US, avoid complications & make sure your wife has the baby in your own country, NOT in the US.

Jeffrey · Answer

Check with what your country's rules are.  It may be possible for the baby to have dual citizenship just as Obama did.

? · Answer

You can have dual citizenship.  But, this might depend on the laws of your native country.  Your child will be a U.S. citizen unless he or she takes official steps specifically asking not to be a U.S. citizen.

webhead28 · Answer

Depends on what nationality you are and where you plan to raise your kid. Many countries allow dual citizenship so you may not have to choose.

Anonymous · Answer

if they don't tke up US citizenhip  then they cannot remain in the US 
depending on you nationality the child will have dual citizen

you had better get the spouse to file for you green card .... now ... once your visa is up  ,...you are out ...

i am a non immigrant, working in the USA.have good education ,decent earning and a cute wife.we are expecting a baby in spring 2016.?

7 Answers