US Birth of a Child: Does It Grant Non-Immigrant Parents a Green Card or Change Their Status?

Many non-immigrant couples in the USA may wonder if giving birth to a baby in the US automatically grants them a green card or changes their immigration status. This article aims to clarify the common misconceptions and explain the reality based on U.S. immigration laws and the 14th Amendment of the U.S. Constitution.

Understanding Citizenship at Birth

The United States grants citizenship to anyone born on U.S. soil, regardless of the immigration status of the parents. This is due to the 14th Amendment of the U.S. Constitution, also known as the Citizenship Clause. As a result, if a child is born in the United States, they automatically become a U.S. citizen at birth.

No Automatic Green Card or Residency

While the child's U.S. citizenship offers certain benefits, it does not automatically grant the parents a green card or legal permanent residency. The parents' immigration status remains unchanged unless they take further steps to adjust their status or obtain permanent residency through other means.

Parents' Immigration Status

The parents' immigration status remains the same as it was before the birth of the child. They can apply for a green card through various pathways such as family sponsorship, employment-based visas, or other immigration programs. The child's citizenship does not directly confer any immigration benefits to the parents.

Potential Options for Parents

If the child is a U.S. citizen and reaches age 21, they can petition for their parents to obtain green cards. Parents can also explore other immigration options available to them based on their circumstances.

Important Considerations and Steps

It's crucial for non-immigrant parents to understand that their presence in the U.S. to give birth does not automatically grant them any special immigration status.

Some key points to consider include:

The child will receive a U.S. birth certificate and, assuming no issues with the birth process, a U.S. passport. The parents should immediately secure these documents to prove the child's U.S. citizenship. The parents will not receive any immediate immigration benefits. In the future, when the child turns at least 21 years old, has moved back to the U.S., and has a job that allows them to support their parents, they can petition for their parents to obtain immigrant visas and green cards. If their petition is approved and they are not denied, the parents may then move to the U.S. as legal permanent residents. Five years after obtaining green cards, the parents may naturalize as U.S. citizens if they wish.

Conclusion

The birth of a child in the U.S. does not alone grant non-immigrant parents a green card or change their immigration status. However, the child’s U.S. citizenship can pave the way for the parents to eventually become legal permanent residents and eligible for naturalization. It is essential for parents to understand the legal processes and requirements involved in obtaining permanent residency and citizenship.