Wednesday, January 13, 2010

What will be the status of a baby born by alien legally residing parents?

An alien couple gave birth to a baby in US. The couple is legally residing in US in study visa. In such case, what will happen to the baby? What status he will get? Due to the baby born in US land, will the parents be eligible for permanent residency?What will be the status of a baby born by alien legally residing parents?
The child is a ';dual national'; -- it has a right to US citizenship and it has a right to citizenship in its parents' country of citizenship. However, having a child in the US gives the parents no right to any sort of visa, immigration or anything else. Upon completion/termination of studies, you must leave the US. Get your child a passport from your own country to protect its right to citizenship there and to prevent immigration hassles when you return to your country and eliminate need for a visa, etc. Baby can only depart/enter the US on a US passport.





Baby is also subject to US income taxes on worldwide income from any and all sources (interest on a bank account, investments, etc) and you are responsible for filing baby's income tax returns until baby turns 18 and takes on that responsibility.





After baby turns 21, if he/she has sufficient income and assets to support both of you and guarantee a $30,000 bond for each of you, he/she can sponsor your immigration to the US. If approved, you will wait in line for entry. Depending on your country of citizenship, the wait can be 10 years or so. You will remain in your own country until you get permission to enter on an immigration visa. So in about 30 years or so, you can return to the US, IF your child is willing and able to complete the affidavit of support and guarantee a $30,000 bond for each of you, and IF your application is accepted.What will be the status of a baby born by alien legally residing parents?
What country are the parents from??? Makes me wonder why this couple would have a child when they do not have permanent residency? Are they even married? Who has legal custody of the child?


The child is an American. The parents are not, and can not become just because they have a child. When their student visa expires they must go back. I would suggest that if they are not married, paternity is settled, custody is settled, and a passport is issued for the child.


I would also look into how the parents can obtain a green card and start working on that one. If they are not married, get married, if you can.


You will have to go back to the countries you came from and your child will have to go with you. Now here is another situation, you did not mention if both parents are from the same countries? Or are they both of different countries? That will create another problem.


I am sorry for saying this but they have created more problems for themselves by having a child while over here on student visas. Alot of lawyers are gonna get alot o money off of these two, sorry to say.


I wish them alot of luck.
As noted above the child is an automatic citizen.





The parents, however, will not be granted automatic citizenship just because they can breed. They can apply for citizenship at this time and try to link their request to the babies citizenship.





They would be cautioned to refrain from overstaying their visas but instead return home w/ their child, where they can still seek application for immigration, or they risk permanent denial of entry.
as for the baby, the baby will automatically become a U.S. citizen. the parents is another issue. the parents cannot adjust status solely because the baby is a U.S. citizen. the baby has to petition for them, but in order for the baby to petition for the parents he/she has to wait until his/her 21 birthday.
The baby will be a US CITIZEN, but will also have the option of applying for a duel citizenship if wanted.


Because the parents are here legally it is easier for them to become permenent. They have a greater steak in need for citizenship. If they are illegal its a lil tougher i believe, you get less consideration!
The baby is a citizen. The baby cannot sponsor parents until age 21.


What happens to the baby is the choice of the parents. When their visas lapse, they can take their baby home with them. The baby cannot be used to adjust to a different status.
the baby when is born in the USA become automaticly citizen but about the parents I don't now for sure they always change the emmigration law.
Any child born in the US is automatically a citizen regardless of the parents status.
The baby will automatically be a Citizen if born on US soil.
Unfortunity until we abolish the anchor baby claus any baby born on us soil is a us citizen,. WTF
citizen.
why do you uthink there are so many illegal people breeding in the US? becasue our govt pays for them to live here! they can become citizens and live is handed to them ona silver platter

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