Child born in US to foreigner

[fs2439 46]

Hello,

 

My daughter will be born in the United States. I am not American. Are there any precautions I need to take to avoid having problems with immigration law in terms of her being a citizen?

 

Thank you

[Boiler 45,466]

Make sure the medical costs are fully paid.

[fs2439 46]

ok, thank you

[Unlockable 7,314]

If she is born inside the US then she is a citizen from the day she is born. However, if you are traveling to the US to give birth, you must show that the medical costs will be covered. Even then, there is no guarantee that the border agent will allow you to enter. We have been hearing how immigration has been cracking down on birth tourism.

[Marieke H 2,496]

12 minutes ago, Unlockable said:

If she is born inside the US then she is a citizen from the day she is born. However, if you are traveling to the US to give birth, you must show that the medical costs will be covered. Even then, there is no guarantee that the border agent will allow you to enter. We have been hearing how immigration has been cracking down on birth tourism.

Looking at her profile and previous posts, OP is already in the US on a valid visa, so this isn't a case of birth tourism.

 

OP, your daughter will automatically be a US citizen when she is born.

[geowrian 22,337]

Nothing needs to be done for her to obtain US citizenship (barring extremely unusual circumstances).

As noted, just make sure the medical costs are fully paid or it can impact you later.

[fs2439 46]

thank you @geowrian and @Marieke H!

 

I guess they become suspicious if the child is born of a home birth near the border, but that's not the case at all. thank you

Edited February 27, 2020 by fs2439

[Crazy Cat 41,834]

1 minute ago, fs2439 said:

I guess they become suspicious if the child is born of a home birth near the border,

Who becomes suspicious?  The law is the law.  A child born inside the US is a citizen, near the border or not.

[geowrian 22,337]

2 minutes ago, fs2439 said:

I guess they become suspicious if the child is born of a home birth near the border, but that's not the case at all. thank you

There are a few cases recently of midwives having been found to create false birth certificates, so in those cases, they are now requiring additional evidence of US presence during their time of birth.

[fs2439 46]

1 minute ago, geowrian said:

There are a few cases recently of midwives having been found to create false birth certificates, so in those cases, they are now requiring additional evidence of US presence during their time of birth.

I haven't decided yet if I will use a midwife or OB. Do you think I should consider the implications for immigration of birthing with a midwife? thanks so much. I don't know where else to find information on this.

[Marieke H 2,496]

5 minutes ago, fs2439 said:

thank you @geowrian and @Marieke H!

 

I guess they become suspicious if the child is born of a home birth near the border, but that's not the case at all. thank you

The issue the administration is cracking down on, is birth tourism: women traveling to the US to give birth, so that the US citizen child will be able to petition for the rest of the family once they are adult (very long term planning). This is clearly not the case in your situation; you are here on a valid visa and happen to be pregnant (congratulations!). There is no suspicion, no matter where in the US the child is born. 

[Crazy Cat 41,834]

4 minutes ago, geowrian said:

There are a few cases recently of midwives having been found to create false birth certificates, so in those cases, they are now requiring additional evidence of US presence during their time of birth.

Oh...OK..  Makes sense.....

[geowrian 22,337]

2 minutes ago, fs2439 said:

I haven't decided yet if I will use a midwife or OB. Do you think I should consider the implications for immigration of birthing with a midwife? thanks so much. I don't know where else to find information on this.

I wouldn't be too worried...it's very isolated cases with specific midwives (and one that I can think of it was the widwife's spouse doing it). It's not like they're suspicious of midwives in general....just the ones where they have been found to have been committing fraud.

[fs2439 46]

Just now, geowrian said:

I wouldn't be too worried...it's very isolated cases with specific midwives (and one that I can think of it was the widwife's spouse doing it). It's not like they're suspicious of midwives in general....just the ones where they have been found to have been committing fraud.

oh great news!

[Boiler 45,466]

More an issue to discuss with your medical team.