Can I Stay in the U.S. if My Baby Is Born in America?

 Posted on November 29, 2023 in fiancé visas

If a child is born on U.S. soil, they are automatically granted U.S. citizenship by virtue of the "birthright citizenship" principle enshrined in the 14th Amendment to the U.S. Constitution. This means that the child becomes a U.S. citizen regardless of the immigration status of their parents. This legal provision has significant implications for families who may be in the U.S. without proper documentation or on temporary visas.

Mothers who are thinking about or have already given birth in the United States need to establish their right to stay in the country. This involves submitting an application for a Green Card or another suitable visa. You need a skilled Texas immigration attorney to help you.

Could My Child Sponsor Me?

One of the immediate benefits of having a child born in the U.S. is that it can provide a sense of security for the parents, as their child is a U.S. citizen and entitled to all the rights and privileges that come with it. This includes access to education, healthcare, and social services. Additionally, as U.S. citizens, these children can sponsor their parents for lawful permanent residency (Green Cards) once they turn 21, provided they meet certain eligibility criteria.

Does My Child’s Birthplace Impact My Immigration Application?

Birthright citizenship does not automatically grant legal status to the parents. The child's birth in the U.S. does not change the immigration status of the parents, and they may still be subject to deportation if they are in the country without authorization. To address their immigration status, parents may need to explore legal avenues such as family-sponsored visas or other immigration relief programs.

Eligibility may vary based on factors such as family relationships, employment status, or asylum status. Each type of visa has its own set of requirements, so it is crucial to use the correct catagory to avoid delays or complications.

Schedule a Free Consultation with a Plano, TX Immigration Lawyer

Staying in the U.S. after a child is born here involves navigating complex immigration laws and regulations. It's crucial for parents to consult with a Dallas, TX immigration attorney who can provide guidance on their specific situation and help them explore their options. While a child born in the U.S. can provide a path to legal status for their parents, it is not an automatic guarantee, and the process can be challenging. Understanding the legal implications and seeking appropriate legal counsel are essential steps for families in this situation.

To learn more, call Law Office of Jae Lee at 214-295-3014 to schedule a free consultation.