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  • giving birth to a child in USA

    do you know if mother (foreigner) will get any rights if she gives birth to a child while being in USA? does it has something to do with her status?
    i know that child becomes an american citizen, but what about mother?

  • #2
    do you know if mother (foreigner) will get any rights if she gives birth to a child while being in USA? does it has something to do with her status?
    i know that child becomes an american citizen, but what about mother?

    Comment


    • #3
      the mother does not gain or obtain any status. The child can file papers for a green card when he or she is 21.

      Comment


      • #4
        I am not sure that you are right...
        What status the child will have then while being in USA all the time before he/she turns 21???

        Comment


        • #5
          sorry sherry to disappoint you but having a usc child does give you any right to a gc or others...
          I have 3 usc kids and still fighting for my
          GC

          Comment


          • #6
            Sherry, there is little bit confusion going on, so let me clear it up. You are not entiltled to or get any kind of status in the U.S. just because you have U.S. born child, periord. However, your child can able to file the paper for you to have you GC when s/he becomes 21 yrs old. As far yr child's status is concerned, then yr child is a USC technically because of his/her birth in the United States, but because of changes in immigration laws in 1997, yr child can not obtain any proof of his/her citizenship such as a certificate of citizenship or U.S.passport until s/he turns 18 yrs old because you are a illegal person in the United States ( if i am right?). According to the law, when yr child becomes 18 yrs old, then s/he will decide whether s/he wants to be a USC or a citizen of his/her parents's(you) country.That's why, yr child wouldn't receive any kind of official document as a proof of his USC.This law is changed only in 1997, so the children born to illegal parents before 1997, have their U.S.passport and certificate of citizenship, but not after 1997. I also assume that the father to yr baby is also a illegal.

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            • #7
              Here is the fact:

              If you are illegal in this country and you give birth to a child in the U.S. You as a mother doesn't have any rights and you will still be illegal and nothing changes for you. As far as your child is concern, he is a U.S citizen by birth and he/she has then same rights as if the child was born to legal resident or citizen of this country. your child will have a birth certificate which is the proof of his U.S citizenship and he his entitled to a passport any time he/she likes. The child doesn't have to choose between citizenships when he/she turns 18. If childs parents native country allows dual citizenship, the child is entitled to that nationality anytime. U.S has no problem with dual nationalities but some countries don't allow it.
              So basically, the day your child is born here, he is a U.S citizen and if you like and your native country allows it, you can applly for that citizenship too.

              Once the child is 21 years old and if you are still illegal, your child can sponsor you.

              Comment


              • #8
                AZ:

                I agree with AZ. His/her answer is perfect.

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                • #9
                  The only benefit (not a small one) you get is that it'll be much tougher for the Immigration to remove you from the country should they intend to place you in deportation proceedings.

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                  • #10
                    Sammy and AZ thank you very much!

                    But if I am not illegal and I am on B2 or F1 or H1B - does it make any difference or not??

                    Thank you.

                    Comment


                    • #11
                      It doesn't make any difference. Your kid will be able to travel to the U.S. as he or she pleases, but until the kid is old enough to sponsor you and makes an income of 125% of the poverty line or more, it does absolutely nothing for you.

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                      • #12
                        i was filed i 129 for l 1 visa to us from india but ins approved my case as change of status.and it was a ins error.now any body tell me what can i do?

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                        • #13
                          Sherry, your child is a USC because of his/her birth in the United States according to 14th amendment to our constitution, unless you or father of yr baby are a foreign diplomat over here, which you are not. So, indeed yr baby is a USC, and if you are here in any kind of legal status then there is no problem to 1997 law since that law only applies in case of illegal parents only, means parents who don't have any legal status, and it is not necessary that you have to be p.residency while any legal status.

                          Second, you can not get any relief or waiver based on having a USC child if you were placed under deportation proceeding, because law has been changed few yrs ago, as previously if you have USC children then you can seek waiver on the ground that if you were not allowed to stay in u.s. then yr child would face extreme hardship. Now, only way you can get waiver if you have USC spouse (yr husband) or USC parents, that is. The reason Congress changed this law because lot of people intentionally were having babies just to avoid deportation so that they can use their children as a ground for avoiding deportation, and congress specifically noted that Mexican citizens at the time of hearing on changing this law. I am not saying that you or others are doing intentionally or anything like that, while i am quoting what congress had opinioned previously. However, there is a congressperson from Michigan, who has presented a Bill to reinstate this law two yrs ago, but because of 9/11, it seems that it has lost somewhere under papers. I just hope that each of us can contact to our local congressman in order to have vote for this Bill, since if this law is passed then lots of people would be united with their family. You don't need to be a legal or citizen to contact yr local congressperson, since you can also contact them oneway or another, and still be reamined anyomous. And, anyway this law is for immigrant and if immgrant would not raise their voice, then who (U.S.citizen?).

                          Thirdly, when yr child becomes 21 yrs old, then s/he can sponsor you for GC regardless yr child would be making income under 125% of poverty gulidline as long someone can join with yr child as a joint sponsor in order to furnish 'affidavit of sponsor' for you. Good luck and pl don't forget to contact yr congressperson one way or another, because it really would help others, and their good wish would also guide and help you always. Thanks in advance if you can do something for them, and Good luck.

                          Comment


                          • #14
                            why did you post yr problem on this post, sanjay gupta?

                            Comment


                            • #15
                              Sammy:

                              Don't you think that you gave wrong information on your previous post and again you are bit confused about the waive issue. AT the time of deportation hearing, US born children are still relevent and it's up to the Judge to decide.

                              Comment

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