Can a child born in US with non US citizen(green card holder parents) automatically get US citizen?

[Sim2425 0]

Hey all, I would you like to ask a question,

if my husband and i are US green card holder, but i give birth in US. Will our baby automatically become US citizenship?

 

Hope i can get fast response, thanks in advance for reply my question

[Crazy Cat 42,293]

Under current law, any child born inside the US is a US citizen at birth.

[arken 4,197]

Any child born in the US becomes a US citizen regardless of parent’s status, even if the parents are living in the US illegally.

 

 

[USS_Voyager 1,972]

18 minutes ago, Sim2425 said:

Hey all, I would you like to ask a question,

if my husband and i are US green card holder, but i give birth in US. Will our baby automatically become US citizenship?

Yes, under the 14th Amendment of the US Constitution, anybody born in the US are US citizen by birth. It doesn't matter what status the parents are. 

[payxibka 10,047]

5 minutes ago, Sim2425 said:

We have legal permanent residences here, sorry..

Why sorry?  Current law is current law.  

[Daphne . 1,919]

13 minutes ago, Sim2425 said:

We have legal permanent residences here, sorry..

 

You’re not quite there yet I think?

If you are going the CR1 route, the ‘timing’ of the (potential) pregnancy would be important I think. And with that I mean finishing the CR1 first,  being able to fly in the last trimester etc. Just some food for thought..

 

Good luck on your immigration journey! 

Edited June 24, 2019 by Daphne K

[geowrian 22,338]

36 minutes ago, missileman said:

Under current law, any child born inside the US is a US citizen at birth.

With very limited exclusions (e.g. children of certain diplomats)*

[Crazy Cat 42,293]

1 minute ago, geowrian said:

With very limited exclusions (e.g. children of certain diplomats)*

Oh yea, I forgot about that.......thanks.

[Sim2425 0]

4 minutes ago, geowrian said:

With very limited exclusions (e.g. children of certain diplomats)*

Can u explain me what does this mean?

[USS_Voyager 1,972]

1 minute ago, Sim2425 said:

Can u explain me what does this mean?

Yes, I forgot. There are a couple minor exceptions to the 14th Amendment. Children of people who have diplomatic status (Embassy and Consulate workers of foreign governments who are in the US on diplomatic missions) and (this one is great) children of enemy combatants occupying US territories during time of war, are not US citizens! Can't think of any war in US history where the enemy combatants were giving births left and right in US territories, but boys, did they think of that when they wrote it. 

[Crazy Cat 42,293]

self-deleted

 

Edited June 24, 2019 by missileman

[SusieQQQ 11,587]

I have already answered before (maybe another forum?)  this poster’s very forward looking questions about future children (1) being citizens if born in the US and (2) even if not citizens that yes they will be able to get free public schooling if they are green card holders. I guess it’s a refreshing amount of forethought in the process.

[jan22 3,064]

1 hour ago, USS_Voyager said:

Yes, I forgot. There are a couple minor exceptions to the 14th Amendment. Children of people who have diplomatic status (Embassy and Consulate workers of foreign governments who are in the US on diplomatic missions) and (this one is great) children of enemy combatants occupying US territories during time of war, are not US citizens! Can't think of any war in US history where the enemy combatants were giving births left and right in US territories, but boys, did they think of that when they wrote it. 

One point of clarification.  The law says that you must be born in the US and subject to the laws thereof -- since anyone under diplomatic immunity is not subject to the laws of the US, their children are not US citizens at birth. Consulate workers outside an embassy are usually under consular immunity and not diplomatic immunity. This means that they are legally covered for actions taken as part of their official employment, but for nothing else.  Their children will, in fact, be US citizens at birth.  There is an official list maintained by the Department of State as to whether somebody was admitted under diplomatic status that must be consulted If the child of a foreign embassy or consulate applies for a US passport.

[apple21 953]

3 hours ago, Sim2425 said:

Hey all, I would you like to ask a question,

if my husband and i are US green card holder, but i give birth in US. Will our baby automatically become US citizenship?

 

Hope i can get fast response, thanks in advance for reply my question

Fast response = Yes.

[carmel34 3,655]

Based on your previous post OP, it sounds like you are trying to come to the US to get married to an LPR on a tourist visa, and have a baby here, is this correct?  Do you have the visa, have you successfully entered the US yet, are your currently pregnant, or is this a future plan you have?  Do you realize that if you follow through on this plan, that you will be illegal in the US after the number of days approved at the POE and will have to return to your home country while your husband files a spousal visa petition for you, which will take more than 2 years?  You can't stay and adjust status on a tourist visa, even if allowed in at POE, because your husband is not a US citizen.  Think carefully about these decisions before you make them, as a bad decision now can cause lots of problems later, like a bar for overstaying on a tourist visa.  Know the laws, always be honest, and your journey to the US may be long but more successful in the end.  Good luck!