What happens if Indian parents give birth to child in US?

A child born in the USA to Indian parents is automatically a U.S. citizen due to birthright citizenship (14th Amendment), but they can also be registered for Indian citizenship (OCI/Passport) as India allows dual citizenship for minors, requiring parents to apply for an Indian passport and declare the child as a citizen by birth, without losing U.S. rights unless they formally renounce citizenship later as adults. The key takeaway is dual nationality is possible, but the child must be registered with India and parents need to navigate both systems.


Can I stay in the U.S. if my baby is born in America?

Children born in the United States are U.S. citizens by being born on U.S. soil. However, that only gives the mother (or father, for that matter) the right to remain in the United States if they are also a citizen, in the U.S. on a visa or already have a Green Card.

Can a child born in the U.S. get an Indian passport?

Issue of Fresh Passport: You can apply for fresh passport if applying for the first time (e.g. Indian parents can register the birth of their US born child with Consulate, after that they can apply fresh passport through VFS Global).


What happens if a tourist gives birth in the USA?

If a tourist gives birth in the U.S., the baby automatically becomes a U.S. citizen (birthright citizenship), but the parents face significant risks, including visa denial, revocation, future entry bans, and potential legal issues if they misrepresented their intent to enter the U.S. specifically to give birth (birth tourism), as this violates visa rules. While the child gets citizenship and U.S. passport rights, parents must still pay medical costs (often via international insurance or cash), and their own immigration status can be jeopardized. 

What happens if I have a baby with a non-U.S. citizen?

Short answer, nothing unless the mother chooses to seek status or gets put in proceedings. The child is a US citizen since they were born in the US. However (and many many undocumented people do not know this) having children only helps you in immigration proceedings in very specific circumstances.


Indian Parents in US Struggle With Baby’s Citizenship



Will I get legal residency if my child was born in the US?

Your baby is a U.S. citizen from birth under the 14th Amendment to the Constitution. But you remain subject to immigration laws based on how you entered the country and your current status. Simply giving birth to a baby in the United States does not grant you immigration status.

Can a pregnant illegal immigrant get deported?

But pregnant women are increasingly picked up, deported and detained under the Trump administration, advocates and lawyers contend.

Does a newborn baby get citizenship in the USA?

That means that a child born in the United States today is a U.S. citizen, full stop. It does not matter what state they are born in or the immigration status of their parents; that child is fully protected by the Fourteenth Amendment's citizenship guarantee.


Can I travel to the USA if I am pregnant?

Although there are no specific regulations prohibiting pregnant foreign nationals from entering the United States, entry is allowed or denied at the discretion of the admitting U.S. Customs and Border Protection (CBP) Officer.

Can Indian parents give birth in the USA for citizenship?

Acquisition of US Citizenship

The principle of Jus soli, or acquisition by birth in a country, is found in Section 1 of the Fourteenth Amendment of the US Constitution. Thus, a child is a citizen of the United States by virtue of his/her birth in this country and regardless of the nationality of its parents.

Is Isha Ambani a U.S. citizen?

Yes, it's widely reported and strongly indicated that Isha Ambani is a U.S. citizen by birth, having been born in the United States, with her children also born in the U.S., making them U.S. citizens too. While she holds strong ties and operates within India's business world (Reliance Industries), her birthplace grants her American citizenship, though India doesn't permit dual citizenship, so she likely holds OCI status for India. 


Can a newborn baby get a passport in the USA?

In order to obtain a passport for your U.S.-born infant, please take the following steps: Obtain an official birth certificate from the Bureau of Vital Statistics. This certificate may have already been sent to you, but if not, you will need to check with the hospital where the baby was born.

What happens if you get pregnant on a tourist visa?

It's legal to give birth while visiting the U.S. on a tourist visa as long as childbirth was not the main reason for your trip, and you were honest about your plans when entering the country.

What are the benefits of giving birth in the US?

The benefits of a U.S. childbirth

American citizenship and a Social Security number. Visa-free entry to 169 different countries. Grants while enrolling in major U.S. educational institutions. Access to multiple credit resources after age 21.


Can parents stay more than 6 months in the USA?

Parents looking to visit their family in the United States may be eligible to apply for a B2 Visitor visa and may be allowed to stay in the country for up to six months, with an option to apply for an extension.

What is the cheapest way to give birth in the USA?

The cheapest ways to give birth in the US involve low-risk options like birth centers or home births, which are much less costly than hospitals, especially for healthy pregnancies. For guaranteed affordability and coverage, qualifying for Medicaid/CHIP is the best route, while uninsured individuals can negotiate self-pay rates at hospitals. Choosing a birthing center for low-risk, unmedicated births and being in an affordable state (like Michigan) also significantly cuts costs. 

What happens if a visitor gives birth in the USA?

If a tourist gives birth in the U.S., the baby automatically becomes a U.S. citizen (birthright citizenship), but the parents face significant risks, including visa denial, revocation, future entry bans, and potential legal issues if they misrepresented their intent to enter the U.S. specifically to give birth (birth tourism), as this violates visa rules. While the child gets citizenship and U.S. passport rights, parents must still pay medical costs (often via international insurance or cash), and their own immigration status can be jeopardized. 


What are the benefits of a baby born in the USA?

People born in the USA are automatically citizens.
  • Stay in the USA legally. You can live and work in the USA permanently. ...
  • Get citizenship for your child. ...
  • Bring your family to the USA. ...
  • Travel with a U.S. passport. ...
  • Receive government benefits. ...
  • Vote in elections. ...
  • Work in government jobs. ...
  • Run for public office.


Which country gives citizenship by birth?

Many countries grant citizenship by birth (jus soli or "right of soil"), including the U.S., Canada, Brazil, Argentina, Mexico, and most of the Americas, allowing birth on their territory to confer citizenship, while others, like Japan, Germany, and China, primarily use jus sanguinis (right of blood), granting it through parentage, though many nations use a mix, with rules varying by location and parent's status. 

What are the two requirements to be a U.S. citizen by birth?

The two main ways to be a U.S. citizen by birth are Jus Soli (right of the soil), meaning being born within U.S. territory, and Jus Sanguinis (right of blood), meaning being born abroad to at least one U.S. citizen parent who meets specific residency requirements. Both methods grant citizenship automatically at birth, with jus soli covering those born in the U.S. and its territories, and jus sanguinis applying to children born overseas to U.S. citizen parents. 


What happens if a foreigner has a baby in the USA?

Giving birth in the U.S. as a foreigner means your baby gets automatic U.S. citizenship (birthright citizenship), but parents must use proper visas (like B-2 tourist) and prove they can pay significant medical costs (thousands of dollars) and intend to leave after, as abusing tourist visas for "birth tourism" is discouraged and can lead to future visa denials, with consular officers scrutinizing applications for intent to return home. 

Who cannot be deported from the USA?

The short answer:
  • Lawful Permanent Residents (LPRs, or green card holders)
  • Asylees and refugees.
  • People who have been granted withholding of removal or temporary protected status (TPS)
  • People who have applied to adjust their status.
  • People on tourist, student, business, and other visas.


Does pregnancy affect visas?

If you are studying on a Student visa and pregnant, it is very important that you talk to a Student Immigration adviser as soon as possible. If you find you need a break in your studies due to pregnancy this can impact on our ability to continue to sponsor your visa.


What if I am 3 months pregnant and I don't want the baby?

If you're 3 months pregnant and don't want the baby, you have three main options: abortion, adoption, or parenting, and you should talk to a doctor or healthcare professional like a midwife or Planned Parenthood to understand the best path for you, as laws vary and there are time-sensitive considerations, especially for abortion. You can get free support and information from organizations like Planned Parenthood or American Adoptions to explore all choices, including adoption, which provides support and financial help for living expenses.