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Please help: the benefit of having a child in USA on parent's immigration status

Please help: the benefit of having a child in USA on parent's immigration status

Old Oct 18th 2004, 1:56 am
  #1  
S. S.
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Default Please help: the benefit of having a child in USA on parent's immigration status

Both my wife and I are on H1-B, and are considering to apply for
employment-based green card. If we give birth to a child here in USA,
the child will be an American citizen, right? Will that help us obtain
permanent residency in any way at all? On a separate off-topic issue
briefly -- will that (having a child) also help us on reducing income
tax in any way at all? Thanks in advance!

S.S.
 
Old Oct 18th 2004, 2:26 am
  #2  
Joachim Feise
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Default Re: Please help: the benefit of having a child in USA on parent's

S. S. wrote on 10/18/2004 6:56:

    > Both my wife and I are on H1-B, and are considering to apply for
    > employment-based green card. If we give birth to a child here in USA,
    > the child will be an American citizen, right? Will that help us obtain
    > permanent residency in any way at all?

No. Having a US citizen child does not give you any immigration benefits,
until the child is 21. Then the child can sponsor you for a GC.

-Joe
 
Old Oct 18th 2004, 3:28 am
  #3  
Socialism is a Mental Disease
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Default Re: Please help: the benefit of having a child in USA on parent's immigration status

On 18 Oct 2004 06:56:51 -0700, [email protected] (S. S.) wrote:
    >Both my wife and I are on H1-B, and are considering to apply for
    >employment-based green card. If we give birth to a child here in USA,
    >the child will be an American citizen, right?

Yes.

    >Will that help us obtain permanent residency in any way at all?

No.

    >On a separate off-topic issue briefly -- will that (having a child)
    >also help us on reducing income tax in any way at all?

Quite possible. However, a child costs money. Lots of money.



--
"A democracy is nothing more than mob rule, where fifty-one
percent of the people may take away the rights of the other
forty-nine." -- Thomas Jefferson
 
Old Oct 18th 2004, 5:06 am
  #4  
Rich Wales
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Default Re: Please help: the benefit of having a child in USA on parent's immigration status

Please keep in mind that your US-born child, in addition to being
a US citizen, may very likely also be a citizen of your country
(i.e., his/her parents' country). Or, if the two of you are from
different countries, your child might have three citizenships (US
plus each parent's country).

Citizenship is decided by each country, all by itself, generally
without regard for what other countries' laws say. If a child is
claimed as a citizen by two (or more) countries, then he/she has
two (or more) citizenships. This is what is commonly nicknamed
"dual" (or triple, or whatever) citizenship -- though this may be
a misnomer, since may people assume it implies some sort of joint
agreement between or amongst the countries involved, whereas in
fact it's a matter of each country independently, coincidentally
labelling the same person as being one of its citizens.

Check with a consulate or embassy of your country to find out if
your US-born child has (or is entitled to have) citizenship in
your country. Note, though, that your US-born child will have
US citizenship, as far as the US is concerned, and regardless of
whether any other country also claims him/her. And US law says,
in general, that any US citizen must have a US passport when
leaving or entering the US -- even if some other country also
claims the person as one of its citizens and objects to his/her
having a US or other foreign passport. (This may be a problem,
for instance, in the case of US-born children of Indian parents;
although India recently changed its laws to permit dual Indian/US
citizenship, I understand India still objects to anyone, even a
child, having both an Indian passport and any other passport.)

Having a child who is a US citizen will =not= facilitate any
claim to US permanent residence or citizenship by the parents.
Various people have claimed otherwise from time to time, but I'm
not currently aware of any specific documented case in which an
alien parent has been allowed (either by USCIS or the courts) to
remain in the US solely on the basis of having had a so-called
"anchor baby" (a US-born child).

Rich Wales [email protected] http://www.richw.org/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
 
Old Oct 18th 2004, 7:08 am
  #5  
Amanda
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Default Re: Please help: the benefit of having a child in USA on parent's immigration status

[email protected] (S. S.) wrote in message news:<[email protected]. com>...
    > Both my wife and I are on H1-B, and are considering to apply for
    > employment-based green card. If we give birth to a child here in USA,
    > the child will be an American citizen, right? Will that help us obtain
    > permanent residency in any way at all?

    > On a separate off-topic issue
    > briefly -- will that (having a child) also help us on reducing income
    > tax in any way at all? Thanks in advance!

If you reside in US legally (excluding F-1 status), the same tax law
applies to you when it comes to getting tax breaks on dependents who
also legally reside in US (or in North American as US residents or US
citizens).
    >
    > S.S.
 
Old Oct 18th 2004, 11:14 am
  #6  
J. J. Farrell
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Posts: n/a
Default Re: Please help: the benefit of having a child in USA on parent's immigration status

[email protected] (S. S.) wrote in message news:<[email protected]. com>...
    > Both my wife and I are on H1-B, and are considering to apply for
    > employment-based green card. If we give birth to a child here in USA,
    > the child will be an American citizen, right?

Yes.

    > Will that help us obtain permanent residency in any way at all?

Not until the child is 21, and only then if it chooses to help you.

    > On a separate off-topic issue
    > briefly -- will that (having a child) also help us on reducing income
    > tax in any way at all? Thanks in advance!

Not sure, though I guess you may get some reduction. The child will
always be liable for US income tax, irrespective of where it lives
(though some contries have reciprocal agreements that mean it wouldn't
have to pay tax to both countries).
 
Old Oct 19th 2004, 4:14 am
  #7  
Amanda
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Default Re: Please help: the benefit of having a child in USA on parent's immigration status

[email protected] (Amanda) wrote in message news:<[email protected]. com>...
    > [email protected] (S. S.) wrote in message news:<[email protected]. com>...
    > > Both my wife and I are on H1-B, and are considering to apply for
    > > employment-based green card. If we give birth to a child here in USA,
    > > the child will be an American citizen, right? Will that help us obtain
    > > permanent residency in any way at all?
    >
    > > On a separate off-topic issue
    > > briefly -- will that (having a child) also help us on reducing income
    > > tax in any way at all? Thanks in advance!
    >
    > If you reside in US legally (excluding F-1 status), the same tax law
    > applies to you when it comes to getting tax breaks on dependents who
    > also legally reside in US (or in North American as US residents or US
    > citizens).
    > >

BTW, since your child is US citizen, it doesn't matter where it lives,
you get dependent tax break. Go to Barnes and Noble and read a book on
tax, for the section of Child Credit and Dependent Credit too. Do not
assume that the two terms have the same meaning.

> > S.S.
 

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