Citizenship for child + accompanying child to live in USA


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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.



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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.

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  • 2 months later...



Look at the US Department of State website 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.

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