The child is automatically born American because USA allows citizenship via birth for babies (most countries will require you to have at least one parent holding nationality (or the equivelent of Permanent Residence/Green Card) to qualify.
The problem is India does not allow dual citizenship so they may require you to sign away the babies' American citizenship if you want the child to have Indian citizenship. You might be better off getting the child an American passport and a PIO card (people of Indian origin) which will give the child some rights in India (see link for details).
2007-11-21 20:19:25
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answer #1
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answered by Acyla 6
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The baby is automatically a citizen. The 14th amendment makes anyone born in the United States a citizen at birth. If the parents are here on a visa, they aren't going to get deported. The baby can apply for a passport immediately but check with a Post Office to get all details.
2007-11-21 19:22:17
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answer #2
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answered by fw_gadget 2
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Anyone born in the US (except those whose parents are present on diplomatic passports) falls under the case of Jus Soli, which means "right of birth". This effectively enables that the recently-born may apply for US citizenship, regardless of the parents' nationality.
To obtain citizenship, a certified original record of the birth (from the hospital) must be acquired, and several forms must be filled out - all of which should be able to be obtained from the local US post office.
The newborn is normally ALSO eligible for citizenship in other nations through Jus Sanguinis, or "right of descent". In this case, the newborn may be able to obtain citizenship in the same nation(s) that recognize the parents as citizens.
EDIT: And for those out there who think that obtaining citizenship by "right of birth" should be abolished ... that means that EVERYONE born in the US (regardless of parentage) would have to apply for citizenship depending on the parents' nationalities (i.e. BOTH parents, not just ONE!).
2007-11-21 18:09:05
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answer #3
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answered by CanTexan 6
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Get a birth certificate from the place of birth. This establishes US citizenship. Your local post office has the information and forms you need to apply for a passport.
2007-11-21 17:59:11
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answer #4
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answered by davidmi711 7
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All babies born in US are citizens. Tjough since the parents are visiting from India, the baby may be able to get dual citizenship.
2007-11-21 17:58:01
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answer #5
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answered by Erika 7
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The US has an old law that grants citizenship by birth. It needs to be changed.
2007-11-21 20:14:23
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answer #6
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answered by Anonymous
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James is right... The law was never intended to be used for Legal or Illegal aliens that are in the U.S. for a time. It was only meant to be used for the slaves and their children. The US Supreme Court judge misused his authority to make that decision. It goes against our Constitution.
2007-11-21 18:14:50
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answer #7
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answered by Eric R 6
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That law was origially intended for slaves in the Southern U.S.
2007-11-21 18:10:28
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answer #8
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answered by Anonymous
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