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  • Giving birth on US soil

    Under U.S. immigration law, is it illegal for a woman to enter the United States in order to give birth to a child so that the child will have U.S. citizenship? If so, could someone point me to the provision that prohibits this behavior? I assume such a provision exists if the immigration officer at the POE can deny her entrance. In addition, it would seem that some law or regulation would make it illegal for a clinic to be set up specifically or partially for this purpose, and for doctors to perform births, etc., at the clinic with the knowledge that they are engaging in furthering this illegal act.

    Many thanks for any information.

  • #2
    Under U.S. immigration law, is it illegal for a woman to enter the United States in order to give birth to a child so that the child will have U.S. citizenship? If so, could someone point me to the provision that prohibits this behavior? I assume such a provision exists if the immigration officer at the POE can deny her entrance. In addition, it would seem that some law or regulation would make it illegal for a clinic to be set up specifically or partially for this purpose, and for doctors to perform births, etc., at the clinic with the knowledge that they are engaging in furthering this illegal act.

    Many thanks for any information.

    Comment


    • #3
      Thre is no visa designed for the purpose of giving birth a child. However, the immigration officer at the POE can denied your entrance if he suspects that is your intention. Also, airlines have a policy against allowing heavily pregnant women in the airplane.

      According to US laws, the child will be american, regardless the parents's legal status.

      The hospital personal wont break any law. They will jus be assisting a birth. However, do you plan to pay for their services (around 5,000 dollars) or run away?

      Just for the record, having a USC baby wont help you immigrate. You will have to wait at least 21 years more.

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      • #4
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        • #5
          There is no U.S. Immigration Law which will prohibited any woman to give birth to a child in the United States.
          Some time in 1980-87 State of California, they came up with an idea that if a child is born to non USC will not have a US Citizenship, Hospitals, and schools made hell out of it and that law died in the congress.
          Only solution to this is that all NIV applicants should appear in person to allpy for the visa, which is the law, in most cases husbands presents wife passports to apply for the visa at some of the placses.
          Many times the visa issuing officer or the employee do not care about the law. At the same time thousands of employees of foreign company come for training and education to US with families.
          IT IS NOT ILLEGAL ACT.

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          • #6
            It's not illegal, One time State of California try to ammend the State law to prohibit that if a child born to noncitizen in Ca, will not have a US Citizenship. This law died in the congress I think it was some time in 1980's.
            Only check for this type of cases are at the POE and before issuing a visa if the applicant is present at the time of application.

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            • #7
              The question is, how one interprets the Constitutional Amendment which is used to claim that even the children born here to illegal aliens are citizens. That amendment was originally enacted after the Civil War to guarantee that newly-freed slaves were considered citizens. The clincher is how one reads the statement "and subject to the jurisdiction thereof". Children of diplomats, for example, are not automatically citizens if they're born here. American Indians were not considered citizens of the US (they're citizens of sovereign states, if you will) and it took Congress to enact laws that gave them automatic citizenship.

              If anyone's hoping to get a "guest worker" program enacted, then they're going to have to deal with the issue of how to handle "guest workers" who could produce US citizen children. There's no reason Congress can't enact legislation specifying that children born to those who are not citizens are not automatically given citizenship.

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              • #8
                At a guess, the issue wasn't the problem when you were born that it is now. When Korean tourism companies schedule visits to the US specifically for pregnant women to give birth here, that's going too far!

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                • #9
                  Does it apply to fathers who are illegal and have a child here?

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                  • #10
                    The inspector @ POE have the final say on whether to granted passage or not. If they decided that the purpose of coming is to let their children be born in the USA and not for sight-seeing as a tourist,etc, then they can refuse entry and be perfectly within their right. That decision is final without any chance for appeal.

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                    • #11
                      Thanks Marmaduk. Is there a reg for that? Do you know where I might find it?

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                      • #12
                        Well, just for the record, I'm not asking for myself, my wife, my girlfriend, my mother or any other female. I'm asking because I want to find a way to **** these people who are counterfitting my citizenship.

                        Comment


                        • #13
                          I know of at least one baby factory with three "offices" in the U.S. It publicy advertises for Korean women to come to the United States and have their babies here so that their children will have more options when they are grown. Anyway, if this is illegal, how hard would it be for the ICE to place a few people at their front doors and just arrest the women who show up and quick pack them on a plane so that their water may break over international waters instead of flooding my country?

                          Comment


                          • #14
                            Dissident Vodka: there was a similar case a few years ago involving (what a surprise!) Filipino airlines,pilots and "stewardesses" (i.e. pregant filipino women!!) who paid $500 each to the pilots to fly to the US (San Francisco or LA) then have their brats here (thanks to the US taxpayers) and wait for their offspring to reach 21 and start petitioning the whole clan over! The INS broke that up - sounds like they need to do some more investigating.
                            I am with you DV, stop all this phony kid-delivery just to reward someone for being pregnant! Let's support American citizens first and deport illegal aliens, end sham marriages, end waivers, and make people be responsible or show 'em the door!

                            Comment


                            • #15
                              Someone12, thanks for the info about this case! It might help me get the answer to my question of whether there is a specific statute or reg that deals with this situation. However, I ran a search and didn't find anything. Do you happen to remember where you read it?

                              Thank you!

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