What is the process for a new born to H1B Visa holder?

Anonymous Jul 2, 2013 Immigration 8 views 3 answers

Hi, I am on H4 visa and my husband is on H1B visa which will expire in Sept 2014. We are planning to have a baby this year but not sure about the citizenship or documentation required for a new born. I need to know about the process of getting citizenship for baby and how much time it is going to require to complete this process. The chances are that we will probably leave USA after our visa expiration but before moving I need to get this done. thanks in advance.

Attorney Answers

3

Michael HavenImmigration AttorneySalem, MA

Michael HavenImmigration AttorneySalem, MA · Jun 15, 2026

If your child is born in the United States citizenship, he or she will be issued an American birth certificate and will be a U.S. citizen automatically without having to file any paperwork. After your child is born, you can apply for a U.S. passport which along with the birth certificate will all the evidence of U.S. citizenship that you would need. I can't tell you how long the passport process would take but that could be done abroad as well.

0 upvotes

J Ferrari

J Ferrari · Jun 15, 2026

The process for citizenship is giving birth in the US.

0 upvotes

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed · Jun 15, 2026

That depends on where the new born is born. If in the USA, the child will be a citizen. If outside, you will have to get a visa for the child to come to the USA.

0 upvotes

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