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sanjay.sinha84

Question about U.S citizenship

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Hi,

I and my wife are both Canadian permanent residents and citizens of India currently. We are planning to have a baby in 2020 and we would like to have our baby born in the U.S.A . I am aware of the costs associated with delivery of the baby in U.S.A and am financially capable completely to afford the delivery of our baby in the best hospital in U.S.A.

In this case, what is the legal process to ensure that we are allowed to have our baby born in U.S.A so that our baby can be a U.S citizen even though I and my wife are Canadian permanent residents?Is there any specific visa we need to apply in this case for delivery of baby in U.S.A? I would also like to mention here that both me and my wife will be eligible to apply for Canadian citizenship in mid of 2019. We are going to apply for B1/B2 visitor visa by end of 2018.

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The law that governs US citizenship of people born in the US is the 14th Amendment to the US Constitution. A child born in the US (except children of diplomats) is a US citizen.

Having said that, the US is cracking down on "birth tourism", which seems to be what tou are trying to do. Expect to be turned back at the border if your wife is visibly pregnant. And I doubt that you are "financially capable" of paying for the delivery. If you were, you would not have asked on a free forum but you rather would have consulted (and paid for) an immigration lawyer.

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Once a Canadian Citizen, your child will have all the advantages of being able to work here without the baggage of American Citizenship. If she becomes a Professional say a Doctor, she will be licensed here too.

You may struggle as a first generation immigrant to Canada. Your child will have no such problem.

You do realize that you will need to be truthful to the POE Officer about intent. That may mean denial of entry.

Canada has world class Health Facilities. I would not subject your child to this .

 

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Concur with the advice above.. have the baby in Canada where healthcare is outstanding and freely available to permanent residents. Cost of birth in the US runs tens of thousands for a routine birth, and could easily cross into six figures with any lengthy hospital stay. 

The US is cracking down on birth tourism, aka, having a baby in the US purely to attain US citizenship. Usually the first question at a US POE is purpose of visit. A pregnant woman is highly likely to be turned away these days. 

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On 9/17/2018 at 8:52 PM, pontevecchio said:

Once a Canadian Citizen, your child will have all the advantages of being able to work here without the baggage of American Citizenship. If she becomes a Professional say a Doctor, she will be licensed here too.

You may struggle as a first generation immigrant to Canada. Your child will have no such problem.

You do realize that you will need to be truthful to the POE Officer about intent. That may mean denial of entry.

Canada has world class Health Facilities. I would not subject your child to this .

 

 

World class health facilities, which take 6 months to get an appointment at.

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On 9/18/2018 at 7:01 AM, Provence said:

The US is cracking down on birth tourism, aka, having a baby in the US purely to attain US citizenship. Usually the first question at a US POE is purpose of visit. A pregnant woman is highly likely to be turned away these days. 

Actually, there is nothing disallowed about birth tourism, and foreigners can get US visitor visas specifically telling the officer the purpose is for birth in the US. But they want you to have sufficient funds and insurance to cover all the medical costs.

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If you try mentioning that you want a tourist visa for a routine delivery, the officer may decide that there is potential attempted gaming of the system and once he stops laughing, he may deny the visa and make a notation preventing further visa issuance of any kind. 

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On 11/15/2019 at 2:25 PM, pontevecchio said:

That is an absolute exaggeration and one wonders how a Garden State resident is concerned with the Canadian system.

 

I am not concerned. Canadian citizens are. At least those I spoke to.

In the Garden State health care is outstanding (or maybe I've just been lucky - but I don't think that's the case).

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