Skip to main content

Immigration status for a child born in the U.S.

Jersey City, NJ |

My brother and his wife are going to visit the US under B2 visa (Visitor). Currently, his wife is pregnant in the beginning of her pregnancy. My question is when she gives birth to her child in the US while visiting there, the child will be granted the US citizenship for being born there, but what about his/her parents? Will they grant any immigration status, even temporary, while being in the US under visitor visa?

Attorney Answers 4


  1. A child born in the U.S. is a US citizen. A U.S. citizen can only sponsor his parents for green cards upon reaching the age of 21.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic or In-Person
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  2. While the baby will be granted US citizenship by virtue of being born in the US, the parents will not be deriving any special status or benefits for having given birth in the US and must be careful not to overstay.

    Also, parents could face difficulties renewing their visitor visas once those expire, when the consulate will learn that a child was born in the US. Make sure to pay the hospital bills and not to leave any unpaid bills behind, for that could preclude you from renewing your visitor visas.

    Last, but not least, make sure not to apply for means tested benefits for the child after birth, for that will for sure preclude you from renewing your visas.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. I agree with my colleagues. This may not have much of an impact for a while. It is unclear what the future will bring, as well.

    This is general information, not legal advice, and does not create an attorney client relationship.


  4. No immediate benefits to the parents resulting from the child's birth, but he or she will be a u.s. citizen.

    Andres Mejer 9 Memorial Parkway, suite B Long branch, NJ 07740 220 Third Street Lakewood, NJ 08701 732-962-1805 www.AndresMejerLaw.com

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics