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

[Ontarkie 14,226]

~~A number of posts removed for not sticking to the OP's question. Keep all other comments out of this thread.~~

[Amadia 711]

4 hours ago, Sim2425 said:

if my husband and i are US green card holder, but i give birth in US.

Based on a previous post you created, you are not yet a green card holder and are now thinking about marrying the green card holder. Also, in your other post, you mentioned visiting the guy using your tourist visa and getting married to him on US soil. That is not illegal but you have to let CBP officers know your intent since a tourist visa is not a visa to come across to America and get married. It may come off as you used a tourist visa with intent to marry and possibly not leave, especially if you are now posing the question of having a baby and it becoming a US citizen.

Please know that everything you do/say is documented and CBP officers have access to many security platforms.....airline info, country info, previous flights to US, etc.

[usmsbow 801]

1 hour ago, carmel34 said:

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!

 

Plus there is the cost of having a child here. She won't be covered by husband's insurance if she came here on tourist visa.

 

That being said, maybe they're planning everything out (time wise) and figuring out how to properly and legally get everything done. Immigration+wedding+family planning=serious planning and research. 

 

 

[Lemonslice 4,848]

3 minutes ago, usmsbow said:

 

Plus there is the cost of having a child here. She won't be covered by husband's insurance if she came here on tourist visa.

 

That being said, maybe they're planning everything out (time wise) and figuring out how to properly and legally get everything done. Immigration+wedding+family planning=serious planning and research. 

 

 

Some policies do cover non resident spouses, they would have to verify their coverage.

[USS_Voyager 1,972]

1 hour ago, Amadia said:

That is not illegal but you have to let CBP officers know your intent since a tourist visa is not a visa to come across to America and get married.

If they ask, you have to tell them the truth. Always tell the truth. If they don't ask, you don't offer any free information.

[ultrasoul 51]

3 hours ago, carmel34 said:

 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!

If OP is not a green card holder and husband is a greencard holder, as of the June 2019 visa bulletins (from June thru Sept) OP can quality for adjustment of status because the F2A (Spouses and Children of Permanent Residents) category just became current. Of course there is always a risk to adjust from B1/ B2 tourist visa due to immigrant intent especially more so if there was misrepresentation of immigrant intent at US Point of Entry POE. 

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-july-2019.html

F2A: This category has become "Current" for July, and is expected to remain so through September. This action has been taken in an effort to generate an increased level of demand. Despite the large amount of registered F2A demand, currently there are not enough applicants who are actively pursuing final action on their case to fully utilize all of the available numbers under the annual limit.  

Once large numbers of F2A applicants do begin to have their cases brought to final action, it will be necessary to establish a date in an effort to control number use within the annual limit.  Therefore, readers should be aware that this “Current” status will not continue indefinitely, but it is not possible to say at present how soon corrective action will be required.

 

 

 

Edited June 24, 2019 by ultrasoul

[SusieQQQ 11,586]

20 minutes ago, ultrasoul said:

If OP is not a green card holder and husband is a greencard holder, as of the June 2019 visa bulletins (from June thru Sept) OP can quality for adjustment of status because the F2A (Spouses and Children of Permanent Residents) category just became current. Of course there is always a risk to adjust from B1/ B2 tourist visa due to immigrant intent especially more so if there was misrepresentation of immigrant intent at US Point of Entry POE. 

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-july-2019.html

F2A: This category has become "Current" for July, and is expected to remain so through September. This action has been taken in an effort to generate an increased level of demand. Despite the large amount of registered F2A demand, currently there are not enough applicants who are actively pursuing final action on their case to fully utilize all of the available numbers under the annual limit.  

Once large numbers of F2A applicants do begin to have their cases brought to final action, it will be necessary to establish a date in an effort to control number use within the annual limit.  Therefore, readers should be aware that this “Current” status will not continue indefinitely, but it is not possible to say at present how soon corrective action will be required.

 

 

 

Yup, spouses of LPRs do not forgiven the kind of things spouses of citizens do. And in any case OP will have to answer truthfully at the border what she plans to do. If she misrepresents her intention, that will come up at the adjustment interview. And she can’t afford to wait 90 days, because in all likelihood F2A will no longer be current then so she will have to return home to await CP anyway. Unless I missed something, sounds like an i130 has not yet been filed, either. 

[arken 4,197]

26 minutes ago, ultrasoul said:

If OP is not a green card holder and husband is a greencard holder, as of the June 2019 visa bulletins (from June thru Sept) OP can quality for adjustment of status because the F2A (Spouses and Children of Permanent Residents) category just became current. Of course there is always a risk to adjust from B1/ B2 tourist visa due to immigrant intent especially more so if there was misrepresentation of immigrant intent at US Point of Entry POE. 

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-july-2019.html

F2A: This category has become "Current" for July, and is expected to remain so through September. This action has been taken in an effort to generate an increased level of demand. Despite the large amount of registered F2A demand, currently there are not enough applicants who are actively pursuing final action on their case to fully utilize all of the available numbers under the annual limit.  

Once large numbers of F2A applicants do begin to have their cases brought to final action, it will be necessary to establish a date in an effort to control number use within the annual limit.  Therefore, readers should be aware that this “Current” status will not continue indefinitely, but it is not possible to say at present how soon corrective action will be required.

 

 

 

Two incorrect things: 

1. It’s not current in June VB. If you meant July VB, then it’s current.

2. The same webpage you posted also mentions one needs to use Final Action Table unless specified otherwise in uscis visa bulletin which clearly says to use Dates of Filing Table for AOS for July with F2A cut off date of 08MAR19. That means AOS can’t be filed along with i130 at this time.

Edited June 24, 2019 by arken

[Cyberfx1024 7,980]

2 hours ago, ultrasoul said:

If OP is not a green card holder and husband is a greencard holder, as of the June 2019 visa bulletins (from June thru Sept) OP can quality for adjustment of status because the F2A (Spouses and Children of Permanent Residents) category just became current. Of course there is always a risk to adjust from B1/ B2 tourist visa due to immigrant intent especially more so if there was misrepresentation of immigrant intent at US Point of Entry POE. 

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-july-2019.html

F2A: This category has become "Current" for July, and is expected to remain so through September. This action has been taken in an effort to generate an increased level of demand. Despite the large amount of registered F2A demand, currently there are not enough applicants who are actively pursuing final action on their case to fully utilize all of the available numbers under the annual limit.  

Once large numbers of F2A applicants do begin to have their cases brought to final action, it will be necessary to establish a date in an effort to control number use within the annual limit.  Therefore, readers should be aware that this “Current” status will not continue indefinitely, but it is not possible to say at present how soon corrective action will be required.

You are correct about this but if you had read the OPs previous thread then you would see that her husband hasn't even filed anything yet.

[carmel34 3,633]

6 hours ago, Lemonslice said:

Some policies do cover non resident spouses, they would have to verify their coverage.

Based on the OP's other post, I don't think they're even married yet.  Insurance coverage through a spouse usually requires evidence of marriage, or sometimes evidence of cohabitation for common law situations.   My husband in Brazil was covered through my health insurance from the date of our marriage a year ago.  I can submit receipts from Brazil and get reimbursed, or if he could have come here with a tourist visa to visit and needed health care he would have been covered under my plan.