Baby born in the US...
Jan 30th 2001, 6:36 am
#1
Guest
Posts: n/a
Hello, I'm currently living and working in the US legally on an H1b with my wife and first
child. We are expecting baby #2 next month.
After birth, does my 2nd child have rights to be a US citizen? I have heard stories that
the US government wanted to change the law that allows newborns from foreign parents to
apply for US citizenship, is there any truth to that rumour?
And if so- what if lose my job (for whatever reason), will I have to leave within 10 days
and become out of status or will I be legally be allowed to stay on and care for my child
born in the US???
What do I do once my baby is born to secure her right to US citienship?
Thanks in advance...
--
- I'm Clueless
child. We are expecting baby #2 next month.
After birth, does my 2nd child have rights to be a US citizen? I have heard stories that
the US government wanted to change the law that allows newborns from foreign parents to
apply for US citizenship, is there any truth to that rumour?
And if so- what if lose my job (for whatever reason), will I have to leave within 10 days
and become out of status or will I be legally be allowed to stay on and care for my child
born in the US???
What do I do once my baby is born to secure her right to US citienship?
Thanks in advance...
--
- I'm Clueless
Jan 30th 2001, 2:03 pm
#2
Guest
Posts: n/a
:
>Hello, I'm currently living and working in the US legally on an H1b with my wife and
>first child. We are expecting baby #2 next month.
>
>After birth, does my 2nd child have rights to be a US citizen? I have heard stories that
>the US government wanted to change the law that allows newborns from foreign parents to
>apply for US citizenship, is there any truth to that rumour?
At the present time, if your child is born on US soil, he or she is a US citizen. Even the
US-born children of illegal immigrants are US citizens.
Your child will also be considered a "natural born" American, & as such can be President
of the Unites States someday!
Even if Congress was to change the rules for citizenship at a later time, retroactively
disenfranchising someone would likely be considered unconstitutional.
>And if so- what if lose my job (for whatever reason), will I have to leave within 10 days
>and become out of status or will I be legally be allowed to stay on and care for my child
>born in the US???
I'm not sure about this, but generally you can't claim residency through a minor child who
has US citizenship. When your child is 21, however, he or she can sponsor you for
permanent residency.
>What do I do once my baby is born to secure her right to US citienship?
You don't have to secure it -- your child will have it as of right. A birth certificate
will suffice. If you're planning to leave the country, it would be best to obtain a US
passport for your child.
Chris Canadian expat & father of one US citizen
--
CHRISTOPHER J. MOOREHEAD Durham, NC [email protected]
"Many people would sooner die than think. In fact, they do."
-- Bertrand Russell
>Hello, I'm currently living and working in the US legally on an H1b with my wife and
>first child. We are expecting baby #2 next month.
>
>After birth, does my 2nd child have rights to be a US citizen? I have heard stories that
>the US government wanted to change the law that allows newborns from foreign parents to
>apply for US citizenship, is there any truth to that rumour?
At the present time, if your child is born on US soil, he or she is a US citizen. Even the
US-born children of illegal immigrants are US citizens.
Your child will also be considered a "natural born" American, & as such can be President
of the Unites States someday!
Even if Congress was to change the rules for citizenship at a later time, retroactively
disenfranchising someone would likely be considered unconstitutional.
>And if so- what if lose my job (for whatever reason), will I have to leave within 10 days
>and become out of status or will I be legally be allowed to stay on and care for my child
>born in the US???
I'm not sure about this, but generally you can't claim residency through a minor child who
has US citizenship. When your child is 21, however, he or she can sponsor you for
permanent residency.
>What do I do once my baby is born to secure her right to US citienship?
You don't have to secure it -- your child will have it as of right. A birth certificate
will suffice. If you're planning to leave the country, it would be best to obtain a US
passport for your child.
Chris Canadian expat & father of one US citizen
--
CHRISTOPHER J. MOOREHEAD Durham, NC [email protected]
"Many people would sooner die than think. In fact, they do."
-- Bertrand Russell
Jan 30th 2001, 4:43 pm
#3
Guest
Posts: n/a
Any person born in the US soil will be considered US citizen. Bad news is, it does not
give you any rights to stay in the US legally. Caring for the US Citizen child does not in
anyway give you automatic PR. You'll have to wait until the child is 18 or 21, then they
can file petition on your behalf to sponsor you.
> Hello, I'm currently living and working in the US legally on an H1b with my wife and
> first child. We are expecting baby #2 next month.
>
> After birth, does my 2nd child have rights to be a US citizen? I have heard stories that
> the US government wanted to change the law that allows newborns from foreign parents to
> apply for US citizenship, is there any truth to that rumour?
>
> And if so- what if lose my job (for whatever reason), will I have to leave within 10
> days and become out of status or will I be legally be allowed to stay on and care for my
> child born in the US???
>
> What do I do once my baby is born to secure her right to US citienship?
>
> Thanks in advance...
>
> --
> - I'm Clueless
>
give you any rights to stay in the US legally. Caring for the US Citizen child does not in
anyway give you automatic PR. You'll have to wait until the child is 18 or 21, then they
can file petition on your behalf to sponsor you.
> Hello, I'm currently living and working in the US legally on an H1b with my wife and
> first child. We are expecting baby #2 next month.
>
> After birth, does my 2nd child have rights to be a US citizen? I have heard stories that
> the US government wanted to change the law that allows newborns from foreign parents to
> apply for US citizenship, is there any truth to that rumour?
>
> And if so- what if lose my job (for whatever reason), will I have to leave within 10
> days and become out of status or will I be legally be allowed to stay on and care for my
> child born in the US???
>
> What do I do once my baby is born to secure her right to US citienship?
>
> Thanks in advance...
>
> --
> - I'm Clueless
>
Jan 31st 2001, 11:42 am
#4
Guest
Posts: n/a
Hello,
> I'm currently living and working in the US legally on an H1b with my wife and first
> child. We are expecting baby #2 next month.
>
> After birth, does my 2nd child have rights to be a US citizen?
You baby will automatically receive US citizenship at birth.
> I have heard stories that the US government wanted to change the law that allows
> newborns from foreign parents to apply for US citizenship, is there any truth to
> that rumour?
Children born in the US do not have to apply for US citizenship, they receive it
automatically. It doesn't matter if the parents are US citizens, visitors, on work visas,
or even illegal entrants. The only exception is for children of diplomats. Children of
person's with diplomatic status do not receive US citizenship.
There are some who would like to see this law changed, but they are only rumours,
especially since doing so would require an amendment of the US Constitution.
> And if so- what if lose my job (for whatever reason), will I have to leave within 10
> days and become out of status or will I be legally be allowed to stay on and care for my
> child born in the US???
If you cannot maintain your immigration status for whatever reason, then you must
leave the US. Of course, your child can go with you. Most importantly, YOU do not
obtain any immigration rights solely based on the fact that your child would be a US
citizen. Your child will be able to sponsor you for US residence, but not until he or
she is 21 years old.
>
> What do I do once my baby is born to secure her right to US citienship?
His or her birth certificate will be proof of US citizenship and can be used to obtain a
US passport for the child.
Depending upon the laws of your country of citizenship, your child may also be a citizen
of that country.
Stephen Gallagher
> I'm currently living and working in the US legally on an H1b with my wife and first
> child. We are expecting baby #2 next month.
>
> After birth, does my 2nd child have rights to be a US citizen?
You baby will automatically receive US citizenship at birth.
> I have heard stories that the US government wanted to change the law that allows
> newborns from foreign parents to apply for US citizenship, is there any truth to
> that rumour?
Children born in the US do not have to apply for US citizenship, they receive it
automatically. It doesn't matter if the parents are US citizens, visitors, on work visas,
or even illegal entrants. The only exception is for children of diplomats. Children of
person's with diplomatic status do not receive US citizenship.
There are some who would like to see this law changed, but they are only rumours,
especially since doing so would require an amendment of the US Constitution.
> And if so- what if lose my job (for whatever reason), will I have to leave within 10
> days and become out of status or will I be legally be allowed to stay on and care for my
> child born in the US???
If you cannot maintain your immigration status for whatever reason, then you must
leave the US. Of course, your child can go with you. Most importantly, YOU do not
obtain any immigration rights solely based on the fact that your child would be a US
citizen. Your child will be able to sponsor you for US residence, but not until he or
she is 21 years old.
>
> What do I do once my baby is born to secure her right to US citienship?
His or her birth certificate will be proof of US citizenship and can be used to obtain a
US passport for the child.
Depending upon the laws of your country of citizenship, your child may also be a citizen
of that country.
Stephen Gallagher
Jan 31st 2001, 7:08 pm
#5
Guest
Posts: n/a
Hi Folks,
THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
ONE ON TV!
I'm just getting my $0.02 in.
Since citizenship at birth is covered by the 14th Amendment to the US Constitution, it
would take another amendment to change it. Amending the Constitution is such a long and
drawn out process I seriously doubt that this will ever happen.
While your US born child is clearly a US citizen, this will not effect your status in any
way. When your US citizen child is 21 years of age, he/she can submit petitions for your
admission as immigrants.
Ed MacNeil Ancient Aviator North Hampton, NH, USA
Chris Moorehead wrote:
> On Tue, 30 Jan 2001 07:36:16 GMT, [email protected] wrote:
>
> >Hello, I'm currently living and working in the US legally on an H1b with my wife and
> >first child. We are expecting baby #2 next month.
> >
> >After birth, does my 2nd child have rights to be a US citizen? I have heard stories
> >that the US government wanted to change the law that allows newborns from foreign
> >parents to apply for US citizenship, is there any truth to that rumour?
>
> At the present time, if your child is born on US soil, he or she is a US citizen. Even
> the US-born children of illegal immigrants are US citizens.
>
> Your child will also be considered a "natural born" American, & as such can be President
> of the Unites States someday!
>
> Even if Congress was to change the rules for citizenship at a later time, retroactively
> disenfranchising someone would likely be considered unconstitutional.
>
> >And if so- what if lose my job (for whatever reason), will I have to leave within 10
> >days and become out of status or will I be legally be allowed to stay on and care for
> >my child born in the US???
>
> I'm not sure about this, but generally you can't claim residency through a minor child
> who has US citizenship. When your child is 21, however, he or she can sponsor you for
> permanent residency.
>
> >What do I do once my baby is born to secure her right to US citienship?
>
> You don't have to secure it -- your child will have it as of right. A birth certificate
> will suffice. If you're planning to leave the country, it would be best to obtain a US
> passport for your child.
>
> Chris Canadian expat & father of one US citizen
>
> --
> CHRISTOPHER J. MOOREHEAD Durham, NC [email protected]
>
> "Many people would sooner die than think. In fact, they do."
>
> -- Bertrand Russell
THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
ONE ON TV!
I'm just getting my $0.02 in.
Since citizenship at birth is covered by the 14th Amendment to the US Constitution, it
would take another amendment to change it. Amending the Constitution is such a long and
drawn out process I seriously doubt that this will ever happen.
While your US born child is clearly a US citizen, this will not effect your status in any
way. When your US citizen child is 21 years of age, he/she can submit petitions for your
admission as immigrants.
Ed MacNeil Ancient Aviator North Hampton, NH, USA
Chris Moorehead wrote:
> On Tue, 30 Jan 2001 07:36:16 GMT, [email protected] wrote:
>
> >Hello, I'm currently living and working in the US legally on an H1b with my wife and
> >first child. We are expecting baby #2 next month.
> >
> >After birth, does my 2nd child have rights to be a US citizen? I have heard stories
> >that the US government wanted to change the law that allows newborns from foreign
> >parents to apply for US citizenship, is there any truth to that rumour?
>
> At the present time, if your child is born on US soil, he or she is a US citizen. Even
> the US-born children of illegal immigrants are US citizens.
>
> Your child will also be considered a "natural born" American, & as such can be President
> of the Unites States someday!
>
> Even if Congress was to change the rules for citizenship at a later time, retroactively
> disenfranchising someone would likely be considered unconstitutional.
>
> >And if so- what if lose my job (for whatever reason), will I have to leave within 10
> >days and become out of status or will I be legally be allowed to stay on and care for
> >my child born in the US???
>
> I'm not sure about this, but generally you can't claim residency through a minor child
> who has US citizenship. When your child is 21, however, he or she can sponsor you for
> permanent residency.
>
> >What do I do once my baby is born to secure her right to US citienship?
>
> You don't have to secure it -- your child will have it as of right. A birth certificate
> will suffice. If you're planning to leave the country, it would be best to obtain a US
> passport for your child.
>
> Chris Canadian expat & father of one US citizen
>
> --
> CHRISTOPHER J. MOOREHEAD Durham, NC [email protected]
>
> "Many people would sooner die than think. In fact, they do."
>
> -- Bertrand Russell
Feb 1st 2001, 12:01 am
#6
Guest
Posts: n/a
Children of
> person[]s with diplomatic status do not receive US citizenship.
Well, not exactly.
(1) Children of quasi-diplomats (without full immunity) are American citizens.
(2) Children of a diplomat whose spouse is a US citizen (quite a few of those,
historically) are US citizens
(3) All others born in the USA are treated as legal permnanent residents and, when they
reach 18 or promptly thereafter, can return to the USA, claim residency, and become
naturalized as of right. (The case law is a bit confusing, because sometimes the
offspring didn't discover their "American roots" until they faced unrest in their home
country. The courts then had to wrestle with the meaning of the word "prompt".
>
> There are some who would like to see this law changed, but they are only rumours,
> especially since doing so would require an amendment of the US Constitution.
>
> > And if so- what if lose my job (for whatever reason), will I have to leave within 10
> > days and become out of status or will I be legally
be
> > allowed to stay on and care for my child born in the US???
>
> If you cannot maintain your immigration status for whatever reason, then you must
> leave the US. Of course, your child can go with you. Most importantly, YOU do not
> obtain any immigration rights solely based on the fact that your child would be a US
> citizen. Your child will be able to sponsor you for US residence, but not until he or
> she is 21 years old.
I thought it was 18. Either way, these days the offspring has to prove ability to support,
sometimes not an easy task. Mostly the parents find some other way: the child cannot be
repatriated to an area of civil unrest or war, or forcibly adopted.
> person[]s with diplomatic status do not receive US citizenship.
Well, not exactly.
(1) Children of quasi-diplomats (without full immunity) are American citizens.
(2) Children of a diplomat whose spouse is a US citizen (quite a few of those,
historically) are US citizens
(3) All others born in the USA are treated as legal permnanent residents and, when they
reach 18 or promptly thereafter, can return to the USA, claim residency, and become
naturalized as of right. (The case law is a bit confusing, because sometimes the
offspring didn't discover their "American roots" until they faced unrest in their home
country. The courts then had to wrestle with the meaning of the word "prompt".
>
> There are some who would like to see this law changed, but they are only rumours,
> especially since doing so would require an amendment of the US Constitution.
>
> > And if so- what if lose my job (for whatever reason), will I have to leave within 10
> > days and become out of status or will I be legally
be
> > allowed to stay on and care for my child born in the US???
>
> If you cannot maintain your immigration status for whatever reason, then you must
> leave the US. Of course, your child can go with you. Most importantly, YOU do not
> obtain any immigration rights solely based on the fact that your child would be a US
> citizen. Your child will be able to sponsor you for US residence, but not until he or
> she is 21 years old.
I thought it was 18. Either way, these days the offspring has to prove ability to support,
sometimes not an easy task. Mostly the parents find some other way: the child cannot be
repatriated to an area of civil unrest or war, or forcibly adopted.
Feb 1st 2001, 1:15 am
#7
Guest
Posts: n/a
(snip)
>
> I thought it was 18. Either way, these days the offspring has to prove ability to
> support, sometimes not an easy task. Mostly the parents find some other way: the child
> cannot be repatriated to an area of civil unrest or war, or forcibly adopted.
> I thought it was 18. Either way, these days the offspring has to prove ability to
> support, sometimes not an easy task. Mostly the parents find some other way: the child
> cannot be repatriated to an area of civil unrest or war, or forcibly adopted.
It is age 21. Go to: http://www.ins.usdoj.gov/graphics/se...ncy/family.htm And
then click on the eligibility option. It indicates that in order to sponsor a parent for
permanent residence, the US citizen must be 21.
>
> I thought it was 18. Either way, these days the offspring has to prove ability to
> support, sometimes not an easy task. Mostly the parents find some other way: the child
> cannot be repatriated to an area of civil unrest or war, or forcibly adopted.
> I thought it was 18. Either way, these days the offspring has to prove ability to
> support, sometimes not an easy task. Mostly the parents find some other way: the child
> cannot be repatriated to an area of civil unrest or war, or forcibly adopted.
It is age 21. Go to: http://www.ins.usdoj.gov/graphics/se...ncy/family.htm And
then click on the eligibility option. It indicates that in order to sponsor a parent for
permanent residence, the US citizen must be 21.
