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?
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.
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Carl Shusterman, Esq.
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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.
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