Question about U.S citizenship of Baby

[sanjaysinha84 1]

Hi,

I and my wife are both Canadian permanent residents and citizens of India currently. We are planning to have a baby in 2020 and we would like to have our baby born in the U.S.A . I am aware of the costs associated with delivery of the baby in U.S.A and am financially capable completely to afford the delivery of our baby in the best hospital in U.S.A.

In this case, what is the legal process to ensure that we are allowed to have our baby born in U.S.A so that our baby can be a U.S citizen even though I and my wife are Canadian permanent residents?Is there any specific visa we need to apply in this case for delivery of baby in U.S.A? I would also like to mention here that both me and my wife will be eligible to apply for Canadian citizenship in mid of 2019. We are going to apply for B1/B2 visitor visa by end of 2018.

[old-fella 109]

This is interesting. 

 

 

[geowrian 22,335]

Yup, see the thread noted above for what's needed.

 

Is there a specific reason you want the child to be a USC? Again, it seems like a lot of very expensive costs and no guarantees of being admitted to the US vs having the child being born where you currently reside and likely have some government assistance for costs.

 

There's no specific visa..just a tourist visa.

[old-fella 109]

why people are so interested in giving birth in US?

If you are not residing in the US, the amount of money required and the trauma one has to go through for birth is not worth. For that amount of money, you spend on birth, you can secure your kids future.

 

People will do what they want to do. 

 

Peace Out

[Roel 7,191]

People are interested in giving birth in the US because they want their child to be US citizen - they also often think that giving birth in the US give parents some magical US legal residency or rights. Which it doesn't.

 

Also there is no "I want anchor baby" type of visa. You just apply for B2 visa, tell officer at POE your plans and hope for the best.

 

IMO the whole thing allowing babies of foreign parents to automatically become US citizens is ridiculous.

[sanjaysinha84 1]

Thank you for your replies.Please see my replies below as I strongly believe generalizing a point-of-view is a bad idea,period.

@Roel and @old-fellaI understand the questions you have posted.I have no plan of being a burden to U.S taxpayer as I have been a U.S taxpayer myself before moving to Canada so I understand where you are coming from!My reason is simple- I am a hardworking individual who wants the best education and opportunities for my kids that U.S.A provides. U.S has always been a land of immigrants and land of opportunities so the reason why people want to come to U.S.A shouldn't arise, it's a given. Canada is a great country too but I and my wife are Engineers who have plans to move to U.S.A in future based on TN visa for the opportunities in U.S.A for our particular fields so it makes the most sense that our child is a U.S citizen as the baby's parents are going to live in U.S.A eventually by applying for visa legally. Before moving to Canada, I had been on H-1B visa and been an honest taxpayer for 6 years before moving to Canada so if there is an opportunity to have my baby born LEGALLY in U.S.A and if I can AFFORD it, then by all means I deserve it as not only have I contributed to U.S economy with my technical skills but also have been an honest taxpayer for all those years,period!

 

@geowrianThank you for your helpful response!I saw in the thread link you posted. in this case though, what kind of documentation will I need to provide the immigration officer from hospital? I have read and heard about a LOT of people coming to U.S.A for child birth from all the countries in the world and successfully getting a U.S citizenship but I would like to understand the legal process to do this.

".....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..."

Edited September 17, 2018 by sanjaysinha84

[CarlHamilton 252]

4 minutes ago, sanjaysinha84 said:

Thank you for your replies, gentlemen.Please see my replies below as I strongly believe generalizing a point-of-view is a bad idea,period.

@Roel and @old-fellaI understand the questions you have posted.I have no plan of being a burden to U.S taxpayer as I have been a U.S taxpayer myself before moving to Canada so I understand where you are coming from!My reason is simple- I am a hardworking individual who wants the best education and opportunities for my kids that U.S.A provides. U.S has always been a land of immigrants and land of opportunities so the reason why people want to come to U.S.A shouldn't arise, it's a given. Canada is a great country too but I and my wife are Engineers who have plans to move to U.S.A in future based on TN visa for the opportunities in U.S.A for our particular fields so it makes the most sense that our child is a U.S citizen as the baby's parents are going to live in U.S.A eventually by applying for visa legally. Before moving to Canada, I had been on H-1B visa and been an honest taxpayer for 6 years before moving to Canada so if there is an opportunity to have my baby born LEGALLY in U.S.A and if I can AFFORD it, then by all means I deserve it as not only have I contributed to U.S economy with my technical skills but also have been an honest taxpayer for all those years,period!

 

@geowrianThank you for your helpful response!I saw in the thread link you posted. in this case though, what kind of documentation will I need to provide the immigration officer from hospital? I have read and heard about a LOT of people coming to U.S.A for child birth from all the countries in the world and successfully getting a U.S citizenship but I would like to understand the legal process to do this.

".....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..."

Most people here have been waiting in a very long line to become citizens.  You're just trying to use a loophole in the system, so don't expect a medal from us.    

[geowrian 22,335]

Your reason is fine...I was just curious. At the same time, it would be far cheaper and easier to just bring the child on a derivative visa when you want to come to the US IMO. Not my business so please don't take it the wrong way...it just seems like a roundabout way of achieving the goal. As for education and other opportunities, those would still exist without US citizenship as well, especially if they will have Canadian citizenship. F-1 (student) status can be granted at POE via an I-20 alone in that case.

 

Documentation of the medical plans would be what you should have on hand to show. This includes items like planned visits/treatments before birth, costs for the birth (with and without complications), anticipated stay timelines, etc. It's really hard to pin down exactly what they will want to see, but basically they need to be assured that you plan (and will be capable to return to the US within the timeframe they grant at POE, and that you have plans and the means to pay for the medical costs.

 

Edit: There is no loophole here...this is an intended and explicitly stated portion of immigration law (regardless of whether.it should be the case or not).

If we're handing out medals, how do I get one?

Edited September 17, 2018 by geowrian

[Roel 7,191]

So.... Free Canadian education vs. 50,000$ per year your child will have to pay for his/her US college and probably get into huge debts. I mean... make sense!

And what if your child will NOT want to sponsor you after their 21 birthday? All plan goes to waste.

Edited September 17, 2018 by Roel

[Chocobo 196]

Tourist visa may technically be enough, but you will have an uphill battle in trying to get across the border.  You will have to convince border patrol that you will leave after the baby is born.  Keep in mind baby will need his/her own passport to leave the US, so factor that into your time estimates.  

 

Knowing what it costs here for a baby to be born, vs what it costs in Canada for a baby to be born, please think long and hard about this.  Prenatal care and an average labor & delivery is very expensive w/o insurance.  If something goes wrong and baby is born early, costs skyrocket (looking at easily over $70K w/o insurance.)  Finding a doctor to take you on in your 3rd trimester is not easy, especially if you do not have insurance.  Just stuff to keep in mind.

[TNJ17 1,329]

2 hours ago, sanjaysinha84 said:

Thank you for your replies.Please see my replies below as I strongly believe generalizing a point-of-view is a bad idea,period.

@Roel and @old-fellaI understand the questions you have posted.I have no plan of being a burden to U.S taxpayer as I have been a U.S taxpayer myself before moving to Canada so I understand where you are coming from!My reason is simple- I am a hardworking individual who wants the best education and opportunities for my kids that U.S.A provides. U.S has always been a land of immigrants and land of opportunities so the reason why people want to come to U.S.A shouldn't arise, it's a given. Canada is a great country too but I and my wife are Engineers who have plans to move to U.S.A in future based on TN visa for the opportunities in U.S.A for our particular fields so it makes the most sense that our child is a U.S citizen as the baby's parents are going to live in U.S.A eventually by applying for visa legally. Before moving to Canada, I had been on H-1B visa and been an honest taxpayer for 6 years before moving to Canada so if there is an opportunity to have my baby born LEGALLY in U.S.A and if I can AFFORD it, then by all means I deserve it as not only have I contributed to U.S economy with my technical skills but also have been an honest taxpayer for all those years,period!

 

@geowrianThank you for your helpful response!I saw in the thread link you posted. in this case though, what kind of documentation will I need to provide the immigration officer from hospital? I have read and heard about a LOT of people coming to U.S.A for child birth from all the countries in the world and successfully getting a U.S citizenship but I would like to understand the legal process to do this.

".....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..."

You do realize that your kid would most likely move to the US AFTER having all of their education done because they won’t be able to petition for you until they are 21. Unless you’re sending your kid alone. In order for them to get that so fancy education you talk about, they would have to be residents of the country not just citizens. 

 

You live legally in canada. You have the option of becoming a citizen there soon so what’s with the obsession about the US? Canada is exactly the same as the US except it doesn’t have a lunatic president, free healthcare and no mass shootings. Hmmmm, tough call!

[Derik-Lina 230]

2 hours ago, Roel said:

People are interested in giving birth in the US because they want their child to be US citizen - they also often think that giving birth in the US give parents some magical US legal residency or rights. Which it doesn't.

 

Also there is no "I want anchor baby" type of visa. You just apply for B2 visa, tell officer at POE your plans and hope for the best.

 

IMO the whole thing allowing babies of foreign parents to automatically become US citizens is ridiculous.

France had the exact same problem. They changed their laws and it should be done here and yesterday. 

[Sunnyland 639]

3 hours ago, Roel said:

People are interested in giving birth in the US because they want their child to be US citizen - they also often think that giving birth in the US give parents some magical US legal residency or rights. Which it doesn't.

 

Also there is no "I want anchor baby" type of visa. You just apply for B2 visa, tell officer at POE your plans and hope for the best.

 

IMO the whole thing allowing babies of foreign parents to automatically become US citizens is ridiculous.

 

This kind of things will keep happening until the laws change and no baby born in the US (from parents that were just "visiting") will be able to become us citizen. No more anchors babies. Because God knows how many people come here to have a baby and then do not pay for their debts. Not necessarily the OP's situation. 

When I was working at a big retail store a few years ago, I chatted with this couple from Venezuela that were coming here on a tourist visa just to have their baby become us citizen. They thought that by having the baby in the US would allow them to stay and live here in the present time. I was shocked. Of course it was not the time nor the place for me to explain them how things works. I'm sure they will (or did already) find out the truth.

[CEE53147 559]

OP,

 

An infant who needs specialized care after birth could run up a bill in the MILLIONS. I just spent 5 days in the hospital of which only 2 were in the ICU and the bill is upwards of $50K and all bills are not in yet.  Imagine  the bill for a baby with a 2 or 3 MONTH stay in the NICU. Your claim that you can afford it is absurd.

 

Why would any physician want to take on a patient late in her pregnancy?  Does your wife plan to try to cross the border for routine medial care during her entire pregnancy?  Is she willing to take whatever doctor will see her or are you going to claim that a physician of your ethnicity will give her priority treatment and deny an American care because of her?

 

You admit you don't want to be Canadians. Why did you deprive others of that privilege? Canada deserves to admit people who intend to be loyal Canadians and not just be using it to go to the US.

 

During your time on H-1B, did you bother to obtain professional licensure?  Be careful about claiming to be an engineer. Be very careful about your US employers.

 

Americans are getting disgusted with CHAIN MIGRATION especially of parents of babies born of birth tourism. Your child may not be able to sponsor you when (s)he turns 21.

Edited September 17, 2018 by CEE53147

[Daisy.Chain 317]

1 hour ago, TNJ17 said:

You do realize that your kid would most likely move to the US AFTER having all of their education done because they won’t be able to petition for you until they are 21. Unless you’re sending your kid alone. In order for them to get that so fancy education you talk about, they would have to be residents of the country not just citizens. 

 

You live legally in canada. You have the option of becoming a citizen there soon so what’s with the obsession about the US? Canada is exactly the same as the US except it doesn’t have a lunatic president, free healthcare and no mass shootings. Hmmmm, tough call!

Not exactly the same.