Us Citizenship For Thai Parents After Child Born In The Usa?

[belg]

Can somebody tell me, what are the chances, Thai parents have of getting US citizenship after the mother gives birth to a child in the USA ?

The Thai mother is now residing on a long stay tourist visa to give birth in the US for the sake of the child having both nationalities. (yeah figure out why one would do that)

The parents believe in gettting US citizenship because their child will be born there ... is there any truth inthere or just their fantasy ?

[Pacificperson]

When the child becomes an adult, he or she can sponsor the parents for a green card. It is called long-term planning.

[Thanyaburi Mac]

"Adult" being 21 years old, so they're in for a bit of a wait before the s/he can file the Immigrant Visa Petition, unless the rules change.

Mac

[Jay Sata]

You don't say how the parent in the US is supporting herself and paying the hospital bills.

She will also face problems when her tourist visa runs out as it is not possible to stay in the US as a

non resident longer than six months.

In my opinion there is no chance this scheme could work otherwise half of Latin America would

be crossing the Mexico border with the same plan.

[ubonjoe]

In my opinion there is no chance this scheme could work otherwise half of Latin America would

be crossing the Mexico border with the same plan.

It is done and the child is referred to as an "Anchor Baby". Under some rules and cases a parent is allowed to stay in the US.

[Thanyaburi Mac]

UbonJoe

Got a cite for the rules and cases? "It is done and the child is referred to as an "Anchor Baby". Under some rules and cases a parent is allowed to stay in the US."

Interesting topic, I'd like to follow up on it.

While this item below isn't necessarily authoritive, it does have one good para on the subject:

http://en.wikipedia.org/wiki/Anchor_baby

"Parents of citizen children who have been in the country for ten years or more can also apply for relief from deportation, though only 4,000 persons a year can receive relief status; as such, according to PolitFact, having a child in order to gain citizenship for the parents is "an extremely long-term, and uncertain, process."[20]"

Which leads on to this article: http://www.politifact.com/truth-o-meter/statements/2010/aug/06/lindsey-graham/illegal-immigrants-anchor-babies-birthright/

"Having a child can also help an undocumented parent qualify for relief from deportation, but only 4,000 unauthorized immigrants can receive such status per year, and the alien has to have been in the U.S. for at least 10 years. That means very long odds, Rosenblum said."

xxxxxxxxxxxxxxxxxxx

Mac

[Madivad]

"Having a child can also help an undocumented parent qualify for relief from deportation, but only 4,000 unauthorized immigrants can receive such status per year..."

And the funny thing being, if they applied and then didn't get into the 4000 cut off, well, then the government knows about them (because of the application) and the likelihood of them being deported would be greater (I'm guessing). I suppose this could be a way of getting them to dob themselves in.

[fire and ice]

"Adult" being 21 years old, so they're in for a bit of a wait before the s/he can file the Immigrant Visa Petition, unless the rules change.

Mac

In the USA you are an adult at 18 - period.

21 is PURELY the age to drink alcohol and has ZERO to do with being an adult. There is no other restriction on 18-20 year olds in the USA. Anyone who thinks otherwsie is making fasle assumptions.

As a side note: Once when I was in Las Vegas (aged 25) I asked casino staff out of curiousity why there were signs in the casino that you had to be 21 when you are an adult at 18 and can therefore gamble. They said its only 21 because there is alcohol in the casino. They also showed me a sizeable seciton nearby (at a street entrance) that was alcohol free and you could gamble in that section at 18, 19 or 20 years old. THere was a second internal set of doors to the 21+ area with signs all over those doors about being 21. The external door said 18.

[Mrjlh]

In a few more months you will know the final answer because Congress has several Immigration Bills pending. This is one issue that is to be resolved. As of now the child will have a US Birth Certificate but will go back to their original country with the parents. The parents can declare the child as an US citizen but the problem arises of how the parents can prove how they can support the child on the US within the US economy and would be denied. If they already have a green card the rule changes. When the child turns 21 he can claim US Citizenship and sponsor his parents. It is a very complicated issue and depends on many different circumstances. The new law is supposedly going to correct this.

[rfukata]

the couple should seek an US immigration lawyer for a professional advice. immigration laws do change from time to time

as you can see what is going on in the US.

but how it stands - giving birth in the US or the sake of obtaining a US citizenship is old news. There was a very interesting

article few days ago about Chinese & Taiwanese women giving birth in Garden Grove California and the special hotel's

caring for these US birth seekers and this has sparked an investigation by authorities.

[Groongthep]

When the child turns 21 he can claim US Citizenship........

The child is a US citizen from the moment he/she is born on US soil.

The couple should seek an US immigration lawyer for a professional advice.....

Agree with this strongly.

[Jay Sata]

the couple should seek an US immigration lawyer for a professional advice. immigration laws do change from time to time

as you can see what is going on in the US.

but how it stands - giving birth in the US or the sake of obtaining a US citizenship is old news. There was a very interesting

article few days ago about Chinese & Taiwanese women giving birth in Garden Grove California and the special hotel's

caring for these US birth seekers and this has sparked an investigation by authorities.

Of course like all similar ruses it soon attracts attention.

This from a Chinese daily newspaper.

"An address found on AsiamChild.com, a Chinese language website advertising the American birthing experience to prospective mothers, matches with the Chino Hills residence, where the maternity home is operating.

The website includes tips for mothers on how to hide their pregnancies from U.S. customs officers, so they can receive a visitor's visa."

ABC News also ran the story across the USA.

Aside from citizenship, the website touts other perks American citizens enjoy, including free public education, better loan rates and social welfare during retirement.

According to ABC News, packages on the site range from 5,000 to 15,000 dollars, and call the expenditure a 'worthwhile investment' in order to have an American baby.

[7by7]

In a few more months you will know the final answer because Congress has several Immigration Bills pending. This is one issue that is to be resolved. As of now the child will have a US Birth Certificate but will go back to their original country with the parents. The parents can declare the child as an US citizen but the problem arises of how the parents can prove how they can support the child on the US within the US economy and would be denied. If they already have a green card the rule changes. When the child turns 21 he can claim US Citizenship and sponsor his parents. It is a very complicated issue and depends on many different circumstances. The new law is supposedly going to correct this.

Simple answer; do what the UK did over 20 years ago.

Anyone born in the UK prior to 1st January 1983 is British, no matter the nationality of their parents (with certain exceptions, such as the child of diplomats).

The British Nationality Act 1981 changed that. Since 1st January 1983 a child born in the UK is only British if at least one of it's parents is British or legally resident, (i.e. free of immigration time restrictions) in the UK.

[sirineou]

As It was said by others, the best way to move forward after the child was born would be to get an immigration lawyer.

If the US government required the child to return to it's parents native country until adulthood, a competent Immigration layer could argue that given the child mortality rate and state of medical care in the child's parents country, such move would present a clear danger to the child's life, especially if the layer could prove an underlying medical condition that would require care, and or, many other reasons why the child could not return to the country of it's parents.

After the child is born in US soil is automatically a US citizen, and has the same rights as every other citizen, a competent immigration layer could successively argue that such US citizen could not possible live in the US with out it's parents, and though he might not be able to secure citizenship for the parents, he could secure long stay for them, until such time as the child could care for him/her self, by that time the child will be old enough to sponsor them for citizenship,or have met conditions that would allow them to become citizens on their own.

.

[TerryLH]

Fire and ice posted;

"In the USA you are an adult at 18 - period."

"21 is PURELY the age to drink alcohol and has ZERO to do with being an adult. There is no other restriction on 18-20 year olds in the USA. Anyone who thinks otherwsie is making fasle assumptions."

"As a side note: Once when I was in Las Vegas (aged 25) I asked casino staff out of curiousity why there were signs in the casino that you had to be 21 when you are an adult at 18 and can therefore gamble. They said its only 21 because there is alcohol in the casino."

I agree with the age for adulthood, but remember the gambling age differently.

A quick Google agrees with how I remember it.

Here is what the Official Vegas Travel Site says about it.

What is the legal age for gambling? Are minors allowed in hotel-casinos?

You must be 21 years old to gamble in a casino in Vegas. Most casinos will let you walk through on the way to your destination (restaurants, shops, shows) if you are younger than 21, but you may not stop or sit down. The Bellagio has the strictest policy: No one younger than 18 is allowed inside the hotel unless the minor is a registered guest. And that includes babies in strollers.

Terry

[Arkady]

In a few more months you will know the final answer because Congress has several Immigration Bills pending. This is one issue that is to be resolved. As of now the child will have a US Birth Certificate but will go back to their original country with the parents. The parents can declare the child as an US citizen but the problem arises of how the parents can prove how they can support the child on the US within the US economy and would be denied. If they already have a green card the rule changes. When the child turns 21 he can claim US Citizenship and sponsor his parents. It is a very complicated issue and depends on many different circumstances. The new law is supposedly going to correct this.

Simple answer; do what the UK did over 20 years ago.

Anyone born in the UK prior to 1st January 1983 is British, no matter the nationality of their parents (with certain exceptions, such as the child of diplomats).

The British Nationality Act 1981 changed that. Since 1st January 1983 a child born in the UK is only British if at least one of it's parents is British or legally resident, (i.e. free of immigration time restrictions) in the UK.

US politicians don't dare do that because they would lose virtually the entire Hispanic vote and a lot of the black vote. Apart from the current issue of illegal Hispanic immigration, there is some emotive historic baggage about whether the children of slaves born in the US were entitled to citizenship or not since their parents had no legal standing as human beings.

The Republican Party started to see the wisdom of positioning itself to appeal only to angry old white men in the last presidential election and the Hispanic and black populations are growing at a much faster rate. So this is just not going to happen. However, rights of non-citizen parents are a different matter and things will get tougher.

Edited February 18, 2013 by Arkady