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Eve Pelletier
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If I’m not a US citizen but have my child there, will he be a US citizen?

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Is there’s a chance that’s my child be a US citizen by virtue of being born there? Regardless the fact that I’m a non-citizen of the US.

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2 Answers

  1. A baby born in the United States, excluding children born to foreign diplomats, is automatically a citizen of the United States.
    There are no exceptions. There is also no such thing as requesting U.S. citizenship; it is automatically and involuntarily imposed. There is no way for either the child or the parents to refuse this U.S. citizenship granted at birth. Although, the child could renounce U.S. citizenship later, but the child would have to do it on his own accord— parents cannot renounce U.S. citizenship for a child, and the child can only renounce it when they understand what it means, which means they must be at least 18 years old.

  2. The baby in question is automatically granted US citizenship, simply by nature of being born there, and the official birth certificate that will be issued upon birth, serves as proof of US citizenship. The legal residency status of the parents is irrelevant. But while the baby becomes a US citizen automatically, the parents do not derive any immediate benefit from their baby’s status. If they entered the US on any non-immigrant visa, such as a tourist visa or an education visa, they have to leave the country within the time frame specified.
    The only exception to this, as far as I know, is if both the parents in question are also foreign diplomats in the US on official business.