Baby born in US with a B2 Visa Holder Mom

[NovaDC 270]

Asking for my best friend,

She is from Philippines, with a multiple entry tourist visa. She's pretty well-off. She got married last year back in Philippines but the marriage didnt work. But before they separated,she got pregnant. Now she is 5 months pregnant. Now,she wanted to be here in the US next month and just wait till she borns the baby here. Will that make the baby automatically a US citizen? 

Is there any law that might be broken in doing that?

Edited September 17, 2018 by NovaDC

[Ontarkie 13,915]

~~Moved to tourist Visas, from US Citizenship General Discussion.~~

[TNJ17 1,329]

This is an issue we see time and time again: pregnant women coming here to give birth so their kids end up with citizenship. Yes, the baby will be a US citizen but the mom won’t be allowed to stay if she enters the US on a tourist visa. That is if she gets passed POE. They’ll see a pregnant woman coming in on a tourist visa about to give birth and they’ll see right through it: that she’s coming here to give birth. If she gets passed that, which is a big if, she will have to deal with medical bills, which can be up to hundreds of thousands of dollars. She won’t qualify for any medical assistance and she will be expected to prove that she has the money to pay for it. If she gets passed all of that, she will be packing her bags and on her way back home before her allowed stay which won’t be more than 6 months. She won’t be allowed to stay and the kid will go back with her and won’t be allowed to petition for her until they are 21. Just food for thought. 

Edited September 17, 2018 by TNJ17

[Ontarkie 13,915]

Your friend should be careful with this plan. If the father is a USC he can prevent the baby from leaving the US. 

Other then that if she can afford a US birth 10k plus, than yes the child would be a USC. The baby can also be a USC if the father is a USC and has the residency to pass on to the child. 

[TNJ17 1,329]

1 minute ago, Ontarkie said:

Your friend should be careful with this plan. If the father is a USC he can prevent the baby from leaving the US. 

Other then that if she can afford a US birth 10k plus, than yes the child would be a USC. The baby can also be a USC if the father is a USC and has the residency to pass on to the child. 

She said she was married in the Philippines so from what she said it sounds like neither of them are US citizens. 

[Ontarkie 13,915]

Just now, TNJ17 said:

She said she was married in the Philippines so from what she said it sounds like neither of them are US citizens. 

Yes not real clear, but stranger things have happen. 

[NovaDC 270]

Neither are American citizens. She just want to be here to get away with her ex husband and I'm the only one that she has that she considers family. 

[TNJ17 1,329]

5 minutes ago, NovaDC said:

Neither are American citizens. She just want to be here to get away with her ex husband and I'm the only one that she has that she considers family. 

Get away “with” or “away from” her ex husband? Two completely different things. If she’s getting away from him, she needs to check the laws about taking his child out of the country without his permission. This is not usually allowed in most countries and could be considered kidnapping. 

[geowrian 22,335]

She should contact a medical institution that will handle the pregnancy, birth, and immediate care afterwards. She should carry plans as well as anticipated costs and the ability to cover those costs.

There's nothing illegal in coming to the US to give birth (so long as one intends to leave and pays any costs associated with it). A child born in the US will be a US citizen.

CBP determines if entry is permitted. Showing the above documentation is the best bet at being permitted entry while visibly pregnant.

 

A USC child bestows no immigration benefits to a parent. Once the child is 21, they can petition a parent. Generally, it's far, far, far more expensive to give birth in the US versus abroad. We are talking a matter of several thousand dollars on the very low end if there are no complications, and potentially 6 digits or more if there are complications. Usually the number falls somewhere in the tens of thousands (last I heard), but she should be prepared for the worst case.

[NovaDC 270]

1 minute ago, TNJ17 said:

Get away “with” or “away from” her ex husband? Two completely different things. If she’s getting away from him, she needs to check the laws about taking his child out of the country without his permission. This is not usually allowed in most countries and could be considered 

Away from emotionally. The father has been told about her plan and she will be back in the Philippines after she bore the baby. She needs to go back in Philippines too to attend with her businesses.

[Roel 7,191]

19 minutes ago, NovaDC said:

Neither are American citizens. She just want to be here to get away with her ex husband and I'm the only one that she has that she considers family. 

Hey if she's rich she can give birth in the US of course. And rich I mean minimum 10.000$. That's if there will be 0 complications. 

 

Tell her she won't be allowed to stay in the US though. Birth tourism doesn't give her any rights or status.  lets face it, that's what she's after. Dint give an excuse that she want to be away from her ex... 

 

That's even if she'll be allowed on the plane when pregnant. Or allow to stay long. Given the circumstances she might be allowed to only stay couple of weeks. 

Edited September 17, 2018 by Roel

[NovaDC 270]

3 minutes ago, geowrian said:

She should contact a medical institution that will handle the pregnancy, birth, and immediate care afterwards. She should carry plans as well as anticipated costs and the ability to cover those costs.

There's nothing illegal in coming to the US to give birth (so long as one intends to leave and pays any costs associated with it). A child born in the US will be a US citizen.

CBP determines if entry is permitted. Showing the above documentation is the best bet at being permitted entry while visibly pregnant.

 

A USC child bestows no immigration benefits to a parent. Once the child is 21, they can petition a parent. Generally, it's far, far, far more expensive to give birth in the US versus abroad. We are talking a matter of several thousand dollars on the very low end if there are no complications, and potentially 6 digits or more if there are complications. Usually the number falls somewhere in the tens of thousands (last I heard), but she should be prepared for the worst case.

Thanks for the clarification Geowrian. Well she has her own doctor here in the US. At least once a year she has her general check up here since she was single.  

[Roel 7,191]

You conveniently avoid answering this..  

 

So will she have proofs of having thousands of dollars to cover the birth? There is a huge chance she will be asked for it. Does she realize she won't get any legal status? Or does she just plan to give birth, let tax payers pay for it? If yes then let her know that this will result in her probably not be allowed back to the US again until bills are paid. 

[NovaDC 270]

34 minutes ago, Roel said:

You conveniently avoid answering this..  

 

So will she have proofs of having thousands of dollars to cover the birth? There is a huge chance she will be asked for it. Does she realize she won't get any legal status? Or does she just plan to give birth, let tax payers pay for it? If yes then let her know that this will result in her probably not be allowed back to the US again until bills are paid. 

She won't be bringing bag of cash as proof of money. That's for sure. But that's what mastercards and visas do.

I don't want to say this but she has a  big real estate business back home and chains of fastfood chain. So she won't let taxpayers here to pay for her baby Roel😉

Edited September 17, 2018 by NovaDC

[NovaDC 270]

I'll update everyone about this case soon. Thank you so much for all the replies and the heads-up. Every insights shared have been put into consideration. Thank you.