If your child is born in the U.S., but you’re undocumented, are they a citizen? 

On Behalf of | Mar 13, 2021 | Citizenship

When you came to the United States with your spouse, you were undocumented. Nevertheless, you both found work and decided to start a family. A year later, your first child was born — in an American hospital. 

You know that you are still not properly documented and are therefore not a citizen or a legal resident. But what about your child? Do they get your status or are they a citizen? 

Citizenship is granted to all children born in the United States

Fortunately, the law is very clear on this: If a child is born in the United States, that child is a citizen of the United States. They cannot be deported, as they are already in their home country and there is nowhere to deport them to. Once they’re old enough, they can vote in elections, run for office and do everything else that American citizens can do. 

With that out of the way, you may be wondering about your own status. Does this give you any sort of protection? No, it does not automatically do so. That is to say, you can be deported even though your child is a citizen. So can your spouse. This has happened before, as hard as it is to think about your family being divided in that manner. 

What are your options?

What you need to know is what options you have to change your status and ensure that your family will stay together. There are steps you can take to protect your future in this country. Working with an immigration attorney should be your first move. 

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