Citizenship for child + accompanying child to live in USA

[cvsonline]

Hi

My kid was born in usa in 2003 and has an USA passport. Since 2009 i had to move to india with my kid due to issues in marriage. I had my green card, but i guess that ship has sailed as  i did not go back to USA in 5 yrs.

 

For extending my kid's passport validity,  last year went with my spouse to get it done. The next extension is due in another 4 years when my kid will be 15 years old.

 

I am currently thinking of filing for a divorce and I guess I will not be able to depend on my spouse to accompany me to extend the passport for my kid next time around.

 

if i get divorced, can i do that alone without needed my spouse?  Will this affect my kid's eligibillity for an US citizenship?

 

Even though my spouse is a US citizen and my kid was born there, I believe i have lost my eligibility for a green card since i have been out of country since 2009.

 

Is there any way, i can take my kid back to USA and live there? I used to work in USA on green card and am currently working in india.

 

 

[JoeF]

You can of course go with the kid to a US Consulate and get the passport extended. You don't need your spouse for that.

 

Having a US citizen child does not give the parents any immigration rights. Once the child is 21, the child could sponsor a GC for you.

You can of course go for an H1 in the next quota season or an L1.

[t75]

Divorce could not be filed by you in the US because of residency requirements.

 

If your child has a US passport, the child is a US citizen.

[Attorney_6]

^Kansas,

 

^{Look at the US Department of State website fwww.travel.state.gov or the information regarding what is needed to renew a minor's US passport. It lays it out quite clearly. Children who are under 16 generally need both parents. However, there are exceptions for some situations---but documentation will be needed. Review that carefully with the divorce attorney so that the right terms/language can be included in the divorce decree and any related agreement.}

 

^{Minors who are 16 or 17 can apply with just one parent.}