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Child born in US to Parents who are out of status

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  • Child born in US to Parents who are out of status

    Hi i wanted to know if my grand children (aged 14 yrs and 10 yrs) born in US can apply for US passport.? My son-inlaw and daughter are awaiting decision on their GC. What i understand is they(daughter and son inlaw) are out of status now. But will this create any problems for the grand children who would like to claim US citizenship. Please advise.

    gk

  • #2
    No issues if they were born on US soil as of now. There are plans for legislative changes around this subject in the future.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Don't let the nut cases scare you

      There are only a few exceptions to being born a citizen in the U.S. and the parent's lack of legal status is NOT one of them.

      The exceptions are children born to:
      1.) heads of state;
      2.) Diplomats on the State Department Bluelist, and
      3.) Invading and occupying enemy aliens.

      Apply for passport, Form DS-11 and there are special requirements for children to prevent one parent fron stealing a child from the other parent, but, that's a minor formality and for the sake of the children.

      Good Luck,

      Bye

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