Can You Obtain U.S. Citizenship by Giving Birth in the U.S.? Answer from Immigration Expert

Giving birth in the U.S. is increasingly popular among Vietnamese mothers due to the excellent healthcare system and postnatal care available there.

Moreover, regardless of their nationality, children born in the U.S. benefit from its educational and career opportunities.

However, many people still wonder whether giving birth in the U.S. grants U.S. citizenship and whether it is worth bypassing the law to give birth there. The following article from ImmiPath will answer all these questions for you. Check it out now!

1. Does giving birth in the U.S. grant U.S. citizenship?

The U.S. is known as one of the few countries that recognizes citizenship for any child born on its soil, regardless of nationality, religion, or ethnicity. Therefore, does giving birth in the U.S. grant U.S. citizenship? The answer is yes. However, only the child receives U.S. citizenship, not the mother.

As stated in the U.S. Constitution of 1868: ‘Anyone born in the United States is automatically a U.S. citizen and is entitled to free public schooling, access to student loans for college, the right to vote, and other privileges as a U.S. citizen.’

U.S. immigration law does not strictly prohibit individuals from entering the U.S. on a visa. However, if a pregnant woman enters the U.S. with the intent of obtaining a visa for residency, it is considered illegal.

On the other hand, if you give birth in the U.S. and are not a citizen or a green card holder, only the child will obtain U.S. citizenship. You will not gain citizenship through your child, regardless of where you live in the U.S.

This is why many parents mistakenly believe that giving birth in the U.S. will also grant them U.S. citizenship. U.S. citizenship does not transfer from the child to the parents as some may assume.

If you come from another country to give birth in the U.S., perhaps on a tourist visa, you must return home once the visa expires, and only your child will be allowed to stay.

If the mother stays in the U.S. illegally, she risks deportation, which could complicate future attempts to re-enter the U.S. and affect any future sponsorship applications.

That is why ImmiPath always advises clients not to circumvent the law to give birth in the U.S. but to consider safer immigration options such as the EB3 employment-based visa or the EB5 investment visa.

2. Why Do Many People Prefer to Give Birth in the U.S.?

Many mothers, if they have the means, seek various ways for their children to be born in the U.S. This is because the U.S. healthcare system is highly rated globally, with hospitals using the latest technology and highly skilled doctors, ensuring the best care for both mother and baby after birth.

The U.S. government also has policies to support children born there, ensuring they receive thorough care after birth.

In addition, people are interested in the benefits of giving birth in the U.S. One major advantage is that the child automatically acquires U.S. citizenship. As a result, the child will enjoy all the rights and benefits of U.S. citizenship, including:

• Access to social benefits such as education, healthcare, public services, and social security.
• The right to vote and run for office.
• The ability to sponsor family members when they turn 21 and meet the requirements.
• Free public schooling through high school and reduced college tuition compared to international students.
• Visa-free travel to 186 countries.
• Furthermore, current Vietnamese nationality law recognizes dual citizenship, meaning they have both Vietnamese nationality and the nationality of another country. Therefore, the child can hold both U.S. and Vietnamese citizenship.

3. Conditions for Sponsoring Parents When the Child Has U.S. Citizenship

According to U.S. immigration law, parents of a child born in the U.S. who wish to immigrate to the U.S. through their child must wait until the child turns 21:

• Your child must be at least 21 years old to be eligible to sponsor you. Note that the child will not be able to file a sponsorship application if the mother has been charged with illegal entry.
• If you enter the U.S. without a visa, you will need to register and obtain an immigration exemption when your child is born.
• Your child must have a job, pay taxes, and demonstrate that they meet the qualifications to sponsor you.

4. Frequently Asked Questions About Giving Birth in the U.S.

4.1. How to Obtain a Visa to Give Birth in the U.S.?

Traveling to the U.S. to give birth is a sensitive situation, and obtaining a visa can be challenging.

To increase your chances of approval, you must provide clear evidence of your intention to return to your home country, show strong ties to your home country, and demonstrate financial and social conditions sufficient to live safely before and after giving birth without seeking government assistance.

It is crucial to understand that misrepresenting facts, including the purpose of the trip, can put you at risk of being permanently banned from entering the U.S.

4.2. Where is the Best Place to Give Birth in the U.S.?

There is a disparity in income levels, cost of living, and quality of healthcare services between states. California, Florida, and New York are currently the most popular destinations for birth tourism.

The mother’s proficiency in English will play a significant role in determining the best place to give birth.

For some people, it may be wise to consider which season to visit, especially if personal preferences regarding climate and infrastructure before and after birth.

When selecting a hospital for childbirth in the U.S., prioritize choosing an obstetrician, a pediatrician, and a hospital or clinic that provides comprehensive care for both the mother and the newborn.

Consider factors such as service costs, availability of payment plans, any medical recommendations for managing pregnancy, the diagnostic capabilities of the healthcare center, and other relevant factors when making your decision.

4.3. How can you find accommodation and feel comfortable during childbirth in the U.S.?

A key part of planning for childbirth in the U.S. is finding comfortable accommodation, setting up household arrangements, and adapting to local infrastructure, such as renting a car, buying food, and obtaining other necessities. Expectant mothers may struggle with handling these tasks without someone available to provide advice and support.

4.4. I want to know how to formalize all necessary documents for a newborn born in the U.S.

A newborn automatically receives U.S. citizenship, but the child will not receive all necessary documents immediately.

Parents must formalize the documents and obtain the birth certificate before leaving the hospital. If parents leave the decision of nationality to the child, the child may apply for U.S. citizenship later, based on the birth certificate, when they reach the appropriate age.

When your child is born in the U.S., you should complete all procedures related to citizenship documents for the child.

If parents decide to accept U.S. citizenship for their child immediately, they must apply for a U.S. passport and Social Security number for the child. Then, give the child to their home country’s consulate (for travel passports and nationality).

If parents plan to leave the U.S. before their child receives the passport, they will need an official birth certificate from the state where the child was born.

Parents are responsible for submitting the completed application forms to the appropriate officials and requesting the necessary documents. Errors in the application or the process can lead to difficulties for the child and additional costs when leaving the U.S.

By now, you should have a clear understanding of whether giving birth in the U.S. grants U.S. citizenship. We hope this information is useful for those considering traveling to the U.S. to give birth.

If you have any further questions about giving birth in the U.S. and obtaining citizenship, please comment below. The ImmiPath team will provide the most helpful and enthusiastic support and advice.