Every year around 33,000 pregnant women travel to the United States to give birth. This is called “birth tourism” and there is some controversy around it. Part of this controversy surrounds whether these children born to immigrant parents should be granted US citizenship.
With so much back and forth around the subject, the question for many immigrant parents becomes: what’s the law around citizenship for children born in the US? Can having a child born in the US help you gain citizenship or prevent deportation?
The answer to these questions is complex. But we’re here to help you navigate the complexities. Keep reading to learn more about citizenship for children born in the US to non-citizens.
Understanding the Current System
Navigating the intricate web of immigration laws can be a daunting task. This is especially true for non-US citizen parents residing in Florida. So let’s break it down and shed some light on the current system.
It’s important to know that under the 14th Amendment of the United States Constitution, anyone born on US soil is automatically granted citizenship. This principle is commonly known as birthright citizenship or jus soli. In other words, if you give birth to a child in Florida, they will be considered a US citizen regardless of your immigration status.
However, there are certain exceptions to this rule. For example, children born to foreign heads of state or foreign diplomats. These children are not automatically granted birthright citizenship.
It’s also important to know that birthright citizenship doesn’t give legal status to parents without a lawful presence in the US.
Aren’t Some People Trying to Undo Constitutional Birthright Citizenship?
You may have heard some discussions or debates about birthright citizenship recently. There are indeed some individuals who advocate for changes to the current system. They question whether children born to non-US citizen parents should automatically become citizens.
However, it’s important to understand that birthright citizenship is a constitutional right. It’s protected by the Fourteenth Amendment.
Supporters of changing birthright citizenship argue that it incentivizes undocumented immigrants to come into the country illegally so their children can gain automatic citizenship. They believe this practice undermines immigration laws. In addition, it contributes to an unsustainable burden on public resources.
Opponents of such changes emphasize that altering birthright citizenship would be inherently discriminatory. It would also violate constitutional principles.
It’s worth noting that any attempt to undo constitutional birthright citizenship would require amending the Constitution itself.
This process is complicated and needs help from different parts of the government. Although there are sometimes talks about this issue, no real steps have been taken to change or get rid of birthright citizenship.
Immigrant parents worried about their child’s citizenship should talk to immigration lawyers. These experts can give accurate advice based on personal situations. They can also help with the complicated immigration process.
Can You Be Deported If You Have a Child in the US?
In the United States, bearing a child on American soil does not automatically grant legal status. It also does not shield parents from deportation.
Having a U.S. citizen child can indeed introduce certain complexities and considerations in immigration cases. However, it does not ensure protection from removal.
Deportation proceedings are typically initiated based on the following:
- Immigration status
- Criminal record
- Violation of immigration laws
Even with a U.S. citizen child, individuals living in the country without permission can face deportation.
However, having a U.S. citizen child might sometimes help in avoiding immediate deportation. For example, if an undocumented immigrant parent has established strong ties within their community and can demonstrate that their removal would cause extreme hardship to their U.S.-born child. In this situation, they might qualify for certain relief forms, such as cancellation of removal.
Note that each case is unique, subject to individual circumstances and legal provisions.
Can Having a Child in the US Help You Gain Citizenship?
In the United States, people have widely debated the issue of birthright citizenship. Some argue that bearing a child in the US can pave a pathway to citizenship for non-US citizen parents.
Children born in the US typically gain citizenship, but their parents do not enjoy the same privilege. A US citizen can petition for their parents. However, this can only happen when the child turns 21.
At 21, a non-citizen parents’ child can sponsor their parents for a green card. If already in the US, certain documents can help you stay in the US while processing the application.
How a Lawyer Can Help Non-Citizen Parents Gain Citizenship
Non-US citizen parents can encounter challenges in trying to become citizens due to complex immigration laws. However, experienced immigration lawyers offer hope. These lawyers specialize in aiding families in achieving their dreams.
A knowledgeable lawyer can provide valuable guidance and support throughout the entire process. They will keep current with laws and regulations.
They will also ensure accurate and timely submission of all necessary paperwork. Their knowledge enables them to assist non-citizen parents in understanding their rights and exploring citizenship options.
An immigration lawyer can provide specific advice tailored to each family’s situation. They will evaluate various factors. Some of these include the following:
- Visa status
- Duration of stay
- Previous legal issues
They will then use this information to develop a personalized plan to maximize success chances.
Help for Immigrant Parents
Navigating the immigration system as immigrant parents can prove complex and overwhelming. That’s why it’s essential to seek guidance from an experienced lawyer.
Remember, every case is unique. Working with a specialized immigration lawyer will greatly boost your success chances. They can navigate bureaucratic hurdles, help you understand your rights, and advocate for your family’s best interests.
At Boyer Law Firm we’re committed to helping you with your immigration case. We understand family law and immigration law. This uniquely positions our firm to help parents with US-born children.
Contact us for a case consultation and find out more about how we can help.