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Sim2425

Can a child born in US with non US citizen(green card holder parents) automatically get US citizen?

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Hey all, I would you like to ask a question,

if my husband and i are US green card holder, but i give birth in US. Will our baby automatically become US citizenship?

 

Hope i can get fast response, thanks in advance for reply my question

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Under current law, any child born inside the US is a US citizen at birth.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
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  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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Any child born in the US becomes a US citizen regardless of parent’s status, even if the parents are living in the US illegally.

 

 


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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18 minutes ago, Sim2425 said:

Hey all, I would you like to ask a question,

if my husband and i are US green card holder, but i give birth in US. Will our baby automatically become US citizenship?

Yes, under the 14th Amendment of the US Constitution, anybody born in the US are US citizen by birth. It doesn't matter what status the parents are. 

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Posted (edited)
13 minutes ago, Sim2425 said:

We have legal permanent residences here, sorry..

 

You’re not quite there yet I think?

If you are going the CR1 route, the ‘timing’ of the (potential) pregnancy would be important I think. And with that I mean finishing the CR1 first,  being able to fly in the last trimester etc. Just some food for thought..

 

Good luck on your immigration journey! 

Edited by Daphne K

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1 minute ago, geowrian said:

With very limited exclusions (e.g. children of certain diplomats)*

Oh yea, I forgot about that.......thanks.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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Posted (edited)

self-deleted

 
Edited by missileman

                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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I have already answered before (maybe another forum?)  this poster’s very forward looking questions about future children (1) being citizens if born in the US and (2) even if not citizens that yes they will be able to get free public schooling if they are green card holders. I guess it’s a refreshing amount of forethought in the process.

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1 hour ago, USS_Voyager said:

Yes, I forgot. There are a couple minor exceptions to the 14th Amendment. Children of people who have diplomatic status (Embassy and Consulate workers of foreign governments who are in the US on diplomatic missions) and (this one is great) children of enemy combatants occupying US territories during time of war, are not US citizens! Can't think of any war in US history where the enemy combatants were giving births left and right in US territories, but boys, did they think of that when they wrote it. 

One point of clarification.  The law says that you must be born in the US and subject to the laws thereof -- since anyone under diplomatic immunity is not subject to the laws of the US, their children are not US citizens at birth. Consulate workers outside an embassy are usually under consular immunity and not diplomatic immunity. This means that they are legally covered for actions taken as part of their official employment, but for nothing else.  Their children will, in fact, be US citizens at birth.  There is an official list maintained by the Department of State as to whether somebody was admitted under diplomatic status that must be consulted If the child of a foreign embassy or consulate applies for a US passport.

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3 hours ago, Sim2425 said:

Hey all, I would you like to ask a question,

if my husband and i are US green card holder, but i give birth in US. Will our baby automatically become US citizenship?

 

Hope i can get fast response, thanks in advance for reply my question

Fast response = Yes.

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Based on your previous post OP, it sounds like you are trying to come to the US to get married to an LPR on a tourist visa, and have a baby here, is this correct?  Do you have the visa, have you successfully entered the US yet, are your currently pregnant, or is this a future plan you have?  Do you realize that if you follow through on this plan, that you will be illegal in the US after the number of days approved at the POE and will have to return to your home country while your husband files a spousal visa petition for you, which will take more than 2 years?  You can't stay and adjust status on a tourist visa, even if allowed in at POE, because your husband is not a US citizen.  Think carefully about these decisions before you make them, as a bad decision now can cause lots of problems later, like a bar for overstaying on a tourist visa.  Know the laws, always be honest, and your journey to the US may be long but more successful in the end.  Good luck!

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