Having a baby in U.S. - USC wife/immigrant husband status

[GizaLove 0]

Hi all,

I have a general question. I've heard that if a pregnant non-USC woman comes to the U.S. and gives birth, she is granted automatic U.S. citizenship due to the birth of the child in the U.S.

Does the opposite apply if the mother is a USC - does the foreign husband (no CR1/IR1 approved or filed yet) get automatic U.S. citizenship? I'm thinking not, but just wondering if anyone knows for sure.

thanks!

[Boiler 43,437]

Wrong on both counts

[Shauneg 762]

No and No. Why?

[TBoneTX 43,058]

*** Thread moved from CR-1 Process forum to the General Immigration Discussion forum. ***

[canadian_wife 1,791]

Sorry - not true

Where did you 'hear' this?

good luck

[Lee 23 5]

For the baby, yes, US citizen if born in US. Parents no, no, and no.

Statute, by birth within U.S.

As of 2011, United States Federal law (8 U.S.C. § 1401) defines who is a United States citizen from birth. The following are among those listed there as persons who shall be nationals and citizens of the United States at birth:

• "a person born in the United States, and subject to the jurisdiction thereof" or
• "a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe" (see Indian Citizenship Act of 1924).
• "a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States"
• "a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person"

[Ketsuban 1,034]

Hi all,

I have a general question. I've heard that if a pregnant non-USC woman comes to the U.S. and gives birth, she is granted automatic U.S. citizenship due to the birth of the child in the U.S.

Does the opposite apply if the mother is a USC - does the foreign husband (no CR1/IR1 approved or filed yet) get automatic U.S. citizenship? I'm thinking not, but just wondering if anyone knows for sure.

thanks!

The kid becomes a citizen but can't petition their parents to come over until he/she turns 21. Even then, the parents would not become citizens right away, just permanent residents with Green Cards. Citizenship comes 5 years after living in the US with a Green Card.

So all in all, at least 26 years after the baby is born, mum and dad can be Americans.