What if my son will be born in the US?

[FreddY2081 0]

Hi everyone..

My wife is a dual citizen italian/american, im italian, we got married in 2005 and lived in italy till today, last year we had a baby, born in italy, registered as us citizen born abroad, so he has dual citizen italian/american.

In jan she filed for me the I130 and I129F, then in feb she came to italy to wait for the whole process, ar at least to get closer to the approval, and it happened that she got pregnant again, and our second baby will be born around Jan 2010..

What I want to know is: Im waiting for the I130 approval, I heard that sometimes it takes even more then a year, and seen that my wife wants to deliver in the US, I would like to be there at the time my second son is born...

Somebody told me that after my son will be born on the US soil ill be elegible to get the green card instantly (??!!??) and seen that I dont belive USCIS are so good hearted to give me a greencard because my baby is born there, I would like to know how this works...

I saw that most US citizens (at least the ones that i know) never really read on an Law act, and just speak from what they heard, and seen that on here probably someone went into my same situation, i would like to know if its right or not.

Thank you very much for your answers...

[TayRivers 4]

Hi everyone..

My wife is a dual citizen italian/american, im italian, we got married in 2005 and lived in italy till today, last year we had a baby, born in italy, registered as us citizen born abroad, so he has dual citizen italian/american.

In jan she filed for me the I130 and I129F, then in feb she came to italy to wait for the whole process, ar at least to get closer to the approval, and it happened that she got pregnant again, and our second baby will be born around Jan 2010..

What I want to know is: Im waiting for the I130 approval, I heard that sometimes it takes even more then a year, and seen that my wife wants to deliver in the US, I would like to be there at the time my second son is born...

Somebody told me that after my son will be born on the US soil ill be elegible to get the green card instantly (??!!??) and seen that I dont belive USCIS are so good hearted to give me a greencard because my baby is born there, I would like to know how this works...

I saw that most US citizens (at least the ones that i know) never really read on an Law act, and just speak from what they heard, and seen that on here probably someone went into my same situation, i would like to know if its right or not.

Thank you very much for your answers...

Having a child born in the USA does not get you a greencard. You will get your greencard when your CR1/IR1 is approved and you enter the US as a LPR.

[FreddY2081 0]

Hi everyone..

My wife is a dual citizen italian/american, im italian, we got married in 2005 and lived in italy till today, last year we had a baby, born in italy, registered as us citizen born abroad, so he has dual citizen italian/american.

In jan she filed for me the I130 and I129F, then in feb she came to italy to wait for the whole process, ar at least to get closer to the approval, and it happened that she got pregnant again, and our second baby will be born around Jan 2010..

What I want to know is: Im waiting for the I130 approval, I heard that sometimes it takes even more then a year, and seen that my wife wants to deliver in the US, I would like to be there at the time my second son is born...

Somebody told me that after my son will be born on the US soil ill be elegible to get the green card instantly (??!!??) and seen that I dont belive USCIS are so good hearted to give me a greencard because my baby is born there, I would like to know how this works...

I saw that most US citizens (at least the ones that i know) never really read on an Law act, and just speak from what they heard, and seen that on here probably someone went into my same situation, i would like to know if its right or not.

Thank you very much for your answers...

Having a child born in the USA does not get you a greencard. You will get your greencard when your CR1/IR1 is approved and you enter the US as a LPR.

Can you tell me where can i find information about that? like a law act or an official website, where i can actually look into it?

Edited May 31, 2009 by FreddY2081

[LIFE'SJOURNEY 970]

Well Freddy, why don't you google, the requirements that must be met inoder to recevie a greencard in the USA. I will state it as well, having a kid that is a USA citizen does not aotomatically grant you a greencard or the rights to acquire a green card.

Go to USCIS.gov for more information.

[FreddY2081 0]

Well Freddy, why don't you google, the requirements that must be met inoder to recevie a greencard in the USA. I will state it as well, having a kid that is a USA citizen does not aotomatically grant you a greencard or the rights to acquire a green card.

Go to USCIS.gov for more information.

I kinda knew that was like that, I dont think in any civilized country this happens (not even in italy), but a lot of my wife's relatives are italian "straight off the boat" and they sworn that "if you have a baby in the US they HAVE to let you in with a green card", and the argument was going on and on, seen that i never found anything, any law or any official website that claim that this is true, and Im used not to belive such important things until i can see it with my eyes...

I was looking it up, but i couldnt find anything about it.. So thats why i was asking here, that maybe someone can give the advise where i can find an act of law where there is explained this thing---

[JimVaPhuong 4,863]

Hi everyone..

My wife is a dual citizen italian/american, im italian, we got married in 2005 and lived in italy till today, last year we had a baby, born in italy, registered as us citizen born abroad, so he has dual citizen italian/american.

In jan she filed for me the I130 and I129F, then in feb she came to italy to wait for the whole process, ar at least to get closer to the approval, and it happened that she got pregnant again, and our second baby will be born around Jan 2010..

What I want to know is: Im waiting for the I130 approval, I heard that sometimes it takes even more then a year, and seen that my wife wants to deliver in the US, I would like to be there at the time my second son is born...

Somebody told me that after my son will be born on the US soil ill be elegible to get the green card instantly (??!!??) and seen that I dont belive USCIS are so good hearted to give me a greencard because my baby is born there, I would like to know how this works...

I saw that most US citizens (at least the ones that i know) never really read on an Law act, and just speak from what they heard, and seen that on here probably someone went into my same situation, i would like to know if its right or not.

Thank you very much for your answers...

The information you were given is not correct.

The people who told you this were probably referring to the fact that the child, because it will be a US citizen, can legally sponsor his parents to immigrate into the US. However, he/she won't be eligible to sponsor ANYONE until he/she is 21 years old, and can demonstrate the same financial status as any other US citizen sponsor. Your wife, because she is a US citizen, has the same ability to sponsor you as your child will have when it reaches 21 years of age. The difference is that she can sponsor you now.

The people who gave you this information were probably referring to "anchor babies" - a derogatory term for babies born to illegal immigrants in the US. There's a common misconception that these children give their parents automatic legal status in the US, but this is not true. The only advantage the child provides is that they can sponsor their parents once they are 21 years old, as I explained above. However, if the parents are in the US illegally then they are still subject to a ban (3 or 10 years, depending on how long they were illegally in the US), and the child does nothing to change that. ICE can, and very often does, deport illegal immigrant parents who have US citizen children. The US citizen child has the right to stay in the US if his/her parents are deported, so the parents might opt to leave the child with relatives who are in the US legally.

[FreddY2081 0]

Hi everyone..

My wife is a dual citizen italian/american, im italian, we got married in 2005 and lived in italy till today, last year we had a baby, born in italy, registered as us citizen born abroad, so he has dual citizen italian/american.

In jan she filed for me the I130 and I129F, then in feb she came to italy to wait for the whole process, ar at least to get closer to the approval, and it happened that she got pregnant again, and our second baby will be born around Jan 2010..

What I want to know is: Im waiting for the I130 approval, I heard that sometimes it takes even more then a year, and seen that my wife wants to deliver in the US, I would like to be there at the time my second son is born...

Somebody told me that after my son will be born on the US soil ill be elegible to get the green card instantly (??!!??) and seen that I dont belive USCIS are so good hearted to give me a greencard because my baby is born there, I would like to know how this works...

I saw that most US citizens (at least the ones that i know) never really read on an Law act, and just speak from what they heard, and seen that on here probably someone went into my same situation, i would like to know if its right or not.

Thank you very much for your answers...

The information you were given is not correct.

The people who told you this were probably referring to the fact that the child, because it will be a US citizen, can legally sponsor his parents to immigrate into the US. However, he/she won't be eligible to sponsor ANYONE until he/she is 21 years old, and can demonstrate the same financial status as any other US citizen sponsor. Your wife, because she is a US citizen, has the same ability to sponsor you as your child will have when it reaches 21 years of age. The difference is that she can sponsor you now.

The people who gave you this information were probably referring to "anchor babies" - a derogatory term for babies born to illegal immigrants in the US. There's a common misconception that these children give their parents automatic legal status in the US, but this is not true. The only advantage the child provides is that they can sponsor their parents once they are 21 years old, as I explained above. However, if the parents are in the US illegally then they are still subject to a ban (3 or 10 years, depending on how long they were illegally in the US), and the child does nothing to change that. ICE can, and very often does, deport illegal immigrant parents who have US citizen children. The US citizen child has the right to stay in the US if his/her parents are deported, so the parents might opt to leave the child with relatives who are in the US legally.

They were not talkng baout this kind of possibility,even because my wife is an american citizen.. and plus we have already a baby that is a us citizen, even if he was born here, he has the same rights as any us citizen...

Thanks for the advices...

[aaron2020 11,651]

Having a US citizen child does not automatically confer any immigration rights to a non-US citizen parent. No one is ever instantly granted a green card.

[FreddY2081 0]

Having a US citizen child does not automatically confer any immigration rights to a non-US citizen parent. No one is ever instantly granted a green card.

This is the answer to my doubts, even if i didnt belive it...