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  • Question about U.S citizenship of Baby

    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.

  • #2
    Originally posted by sanjaysinha84 View Post
    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.
    There is no special visa. Jus soil - unless the law changes, your baby will have US citizenship by birth, and may even be considered a Canadian citizen born abroad

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    • #3
      Originally posted by sanjaysinha84 View Post
      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.
      A B2 visitor visa is appropriate for medical treatment in the US, including delivering a baby. You would need to show them you are going to pay all medical costs, preferably if you have made arrangements like insurance or payment plans to cover any unexpected costs. If you are a Canadian citizen at that point, you wouldn't need a visa and you would go to the border with your Canadian passport and be admitted into B2 status.

      A child born in the US, regardless of what status (or lack of status) the parents have, automatically has US citizenship at birth (except for children born to foreign diplomats with full diplomatic immunity).

      This is my personal opinion and is not to be construed as legal advice.

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