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If your child is born in America, can you stay?

On Behalf of | Aug 26, 2021 | Family Immigration |

If you come to America to visit while you’re pregnant, something that you may have considered is that your child will be a citizen if they are born on American soil. Children born in America are always citizens (with exceptions for foreign diplomats), but that doesn’t mean that you will be or that you will automatically have a right to stay in the country.

Having a child in the United States won’t give a mother the right to remain in the U.S. permanently. She will still need to complete an application for a Green Card or other visa. Even more interestingly, the child will need to be at least 21 before they can offer to sponsor their parents.

Until you’re sponsored, you will remain on immigrant status

It is important to realize that you will remain on immigrant status until you’re sponsored to remain in the United States. If you are in the country illegally, you may be able to fight to avoid deportation with the help of an attorney, if that is of concern to you. If you are in the country legally through other means, such as with a work visa, then you will be able to remain so long as you meet the requirements of the visa.

This is a complex situation that may have a few different solutions. One may be to return to a home country until the child is 21 and can petition for their parent’s residency and visa. Another may be to adjust your immigration status depending on what you’re currently doing in America.

Every immigrant mother’s situation is different

There are different ways that you can come to the United States legally. If you happen to have your child in America, they may be able to petition for you to stay when they turn 21, or you may have other options to stay in the country. You should speak with someone familiar with immigration law to determine which kinds of visas you may be eligible for and to discuss if it’s legal for you to stay in the country following your child’s birth.


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