A couple friend came from India on B1/B2 (Tourist Visa) and my friends wife is pregnant and is delivering a baby in couple of months. Does the baby get US citizenship by birth?
Yes, the baby is automatically a US citizen by birth. However, your friends have no avenue to legal residence through their child until he/she turns 21.
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Yes, any person born in the U.S. is a US citizen. Note that this does not give your friends any immigration rights, and moreover if they are not paying the hospital bills, they will find themselves denied a visa, or admission to the U.S. in the future.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Hi, yes. The baby will be a US citizen automatically.
Attorney Jae is a history professor and immigration attorney with an EB1/NIW specialty. This answer does not constitute attorney-client relationship and is for information only.
Anyone born on US soil is deemed to be a US citizen. That baby will be no exception. Note, however, that having come in to the USA on tourist visas, with the purpose of giving birth, unless admitted to the consulate when applying for the visa has the potential to create problems getting that visa renewed in the future, especially so if unpaid hospital and medical bills are going to be left behind.
That baby will not be able to petition his/her parents for a "green card" until reaching age 21.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 22 years of successful immigration law experience. 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.
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