View Full Version : I was just wondering...
Hello,
My wife and I are in our mid '30's and have been considering
the E2 route for entry to the U.S. for some time. We have a daughter
who is 11 and have considered having another child for the past few years. I read recently that a baby born in the states is automatically a U.S. citizen. Would it follow then that if my wife was to give birth within our initial 2 or 5 year E2 visa period, that as parents of a new U.S. citizen that we would automatically apply for permanent residency. I can't believe that it would be *that* simple. [msnsmile2]
Thanks for any advice.<span style='font-family:Comic Sans MS'></span id='Comic Sans MS'><span style='color:blue'></span id='blue'>
I've done a little searching and think I've found the answers I was looking for.
"The United States currently grants automatic U.S. citizenship to almost all children born in the United States, regardless of whether the parents are U.S. citizens, legal residents, temporary visitors, or illegal aliens in the United States.Under current practice, these children are U.S. citizens at birth, simply because they were born on U.S. soil. Thousands of pregnant women who are about to deliver come to the United States each year from countries as far away as South Korea and as near as Mexico so that they can give birth on U.S. soil. Some come legally as temporary visitors; others enter illegally. Once the child is born, they get a U.S. birth certificate and passport for the child, and their future link to this country is established and irreversible."
The baby will be a US citizen. He or she can sponsor you for green card but is unable to make that decision and do the paperwork until he or she hits the age of majority, ie you have a 21 year wait. I know a couple of people here on visas who have had babies here and they are still on visas. Now whether they would refuse a visa renewal and deport the parents and hence a little US citizen, I dont know...... It doesnt get you a green card though...... well not for ages.
steph_goodrum
31-07-2004, 14:01
I remember after 9/11 the fuss over a British lady who was married to an American who was killed on that day and had 2 children born in the Us and had an awful job on top of everything else she had to cope with to allow her to stay. She was initially given 1 year to leave and would have had to either leave her 2 boys in the US or take them to England . Eventually they relented and created the new special visa category (T - for victims of terrorism).
The T visa is for T= trafficking
Department of Justice will soon issue T visas, created by the Trafficking Victims Protection Act of 2000 (TVPA) to protect women, children and men who are the victims of human trafficking. The T visa will allow victims of severe forms of trafficking in persons to remain in the United States and assist federal authorities in the investigation and prosecution of human trafficking cases.
steph_goodrum
01-08-2004, 00:58
That wasn't what they said when they announced in the papers here that they would be allowed to stay, i remember at the time that it seemed particularly insensitive to call it a T visa for victims of terrorism as it would be a reminder each time they saw it, maybe they changed it and called it something else. They definitely said it was a new class they were instigating.
I only mentioned it as it seemed until then that there wouldnt be any problem as far as the US was concerned with sending families back or allowing children the right to stay but not their parent. Obviously their thinking was they wouldnt be separating the family but it would be your choice to go and leave the children in the US, it was a given that if the children had the right to stay so did the parent.
List of visa's here. And there uses. memorize them all, Test next week. In the case you mention it would normally be a U visa.
http://uscis.gov/graphics/services/visa_info.htm
The people after 9/11 were a special case. It would have seemed heartless to deport the wife. I dont think it would work for just a failure to renew a visa. Consensus would be have a baby in the US if you want a baby but it may not help you at all visawise so dont do it for that reason.