I am in H-4 status and recently gave birth to a baby girl. We are in the process of applying for her Indian passport so that we can travel home to India. In order to return to the U.S., do I need to first get an H-4 visa for her?

Answer

Ordinarily, if a person in H-4 status gives birth to a child in the U.S., that child automatically becomes a U.S. citizen. Applying for an Indian passport for her would not impact her status as a U.S. citizen. In order to return to the U.S., she would normally present her U.S. passport.  (17.Mar.2022)

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