Q: Will my baby born in the U.S. become a citizen, impacting my immigration status?
As non-American citizens currently residing in the U.S., will our baby automatically receive U.S. citizenship if born here, and what impact might this have on our immigration status?
A:
Generally, a child born in the United States acquires U.S. citizenship at birth, according to the principle of birthright citizenship enshrined in the 14th Amendment of the U.S. Constitution. This citizenship does not automatically confer U.S. citizenship or alter the immigration status of the parents. Parental immigration status remains independent of the child's citizenship.
Upon reaching the age of 21, a U.S. citizen child may be able to sponsor their parents for lawful permanent residence (a green card). This is a potential future pathway, but it is subject to specific eligibility requirements, processing timelines, and current immigration laws.
The Executive Order to change birthright citizenship has faced legal challenges and was not implemented. The 14th Amendment and existing legal precedents currently determine birthright citizenship. Therefore, at this time, a child born in the US is presumed to be a US citizen. Future changes to the law are possible, and it is important to follow news regarding the supreme court, or congress regarding this topic.
It is strongly advised to consult with an immigration attorney for personalized legal advice regarding your specific circumstances.
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A:
Yes, your baby will automatically become a U.S. citizen if born on American soil. This birthright citizenship is guaranteed by the 14th Amendment to the U.S. Constitution, regardless of your own immigration status. Your child will receive a U.S. birth certificate and will be eligible for a U.S. passport.
Having a U.S. citizen child does not immediately change your immigration status, however. You will maintain whatever visa or status you currently hold. The birth of your child does not automatically grant you permanent residency or a path to citizenship in the short term.
The long-term picture offers more possibilities. Once your U.S. citizen child reaches 21 years of age, they can petition for you to receive permanent residency (a green card). Additionally, in some deportation proceedings, immigration authorities might consider family ties to U.S. citizens, including minor children, though this varies case by case and provides no guaranteed protection. You may want to consult with an immigration attorney who can provide guidance specific to your unique situation.
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