Legal Question in Immigration Law in India

my husband on h1 visa and me(the wife under his visa(h4) and we had a baby in u.s.a but now we are divorcing because our baby was born in u.s.a. it is automatic citizen of u.s.a and you can not have dual citizenship with India. My husband wants custody of our baby and he will stay in u.s.a. I want to go back to India with our baby. This will be a fight with us what legal grounds do I have to take the baby back to India. Also we are married in India and in u.s.a.


Asked on 9/22/10, 7:24 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

Schedule a consultation with a good divorce lawyer and call Indian Consulate/embassy.

I am sure that a baby whose both parents are Indian citizens can get dual citizenship (USA and India). And the embassy of India CAN issue him a passport. It's when he is an adult, he will have to choose one citizenship.

Both of you - you and your husband - are temporary in the USA (H1B is a temporary work visa).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 9/22/10, 7:52 pm
Vishwa Arya Arya & Co.

You have not mentioned the age of baby. Per indian laws, if the child is up to firve years of age, mother will always have the custody. Father may apply for custody after that. At this stage there is no provision of dual citizenship.

One thing is not clear, what do you mean when you write, "we are marriend in india and in usa"

marriage takes place only once. was it in India or in USA

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Answered on 9/22/10, 8:21 pm


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