Immigration. Travel. Living.

Automatic U.S. Citizenship for Children by Birth 

Anyone born in the United States is a US citizen unless one of the parents is a foreign diplomat working in the United States. The children of such parents are not considered US citizens because their parents are not subject to the jurisdiction of US law. Several types of diplomatic staff fall into this category: ambassadors, ministers, chargé d’affaires, advisers, secretaries and attachés of embassies and diplomatic missions, and some UN and OAS (Organization of American States) staff. It is never too late to claim US citizenship by birth, whether you have it or not. Sometimes a consular officer will postpone a visa application if there is reason to believe that the visa applicant may be applying for US citizenship.

Passports of the world

How to get a visa to travel to the United States for childbirth

Due to the great attractiveness of American citizenship of the United States, many foreign women tend to come to the United States at the time of birth. On this basis, a whole branch of business has already grown – “childbirth tours”. Consular rules and regulations do not prohibit the issuance of visitor visas to women who travel to the United States to give birth. On the contrary, the regulations place special emphasis on authorizing the issuance of tourist visas for travel for medical and recreational purposes. However, many consular officers are reluctant to grant visas to pregnant women traveling to the United States for childbirth, mainly due to their own political or philosophical views. In any case, when applying for a visa, a woman must show proof of strong ties with her home country and her financial solvency to cover medical expenses in the United States without the involvement of the state.

The rights of parents of US citizens

Parents of children who are US citizens do not have any special status or guarantees of obtaining a US visa in the future. Many believe that if a child has American citizenship, then his parents are guaranteed US visas. It is a myth. A child’s US citizenship does not guarantee future US visas, even for compelling purposes such as accompanying a child to the United States for study or medical treatment. On the contrary, the fact of childbirth in the United States can become an obstacle to obtaining a visa in the future. The consular officer may consider that the mother of the child has already spent a long time in the United States in childbirth (prenatal and postnatal periods), therefore, before receiving the next visa, she must restore her ties with her homeland. If the mother of the child has not paid the birthing bill by throwing it on the state, the consular officer can delay the issuance of the next visa until the bill is covered. Worst of all, when filling out a visa application for a previous trip to the United States, the mother of the child deceived the consulate and announced that she was going to go only for a couple of weeks, although in fact, she knew that she would give birth during this period. In this case, she could be issued a permanent ban from entering the United States under the article on a material misstatement of facts.

Obtaining a US passport

Upon the birth of a child, a birth certificate is issued, based on which you can apply for a US passport. Upon receipt of the passport, the child can leave the United States. If he/she resides outside the United States, the expired passport can be renewed at the nearest US consulate.

Submitting immigration petitions for relatives

Only after the age of 21 can a child give an immigration call for parents, brothers, or sisters, if he lives in the United States (there are a few exceptions). He can transfer the right to US citizenship to his child at birth, but only if he has been physically present in the United States for at least five years after he turns 14. Otherwise, his child is only eligible for a Green Card. If a US citizen resides in a country where there is a USCIS office, he/she can apply for expedited immigration visas for his family members (spouse, children, parents).

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