You may know that children born in the United States are automatically given US citizenship under US law. However, parents of children born in the United States but are classed as illegal aliens don’t have the same rights as their US-born children.
This article explains if you can be legally deported if you are a parent of a child born in the United States.
Could You Be Deported If You Have A Child Born In The US?
The short answer is yes. It’s routine for illegal aliens to be deported from the United States, even if they have a child or several children born in the country. However, any child of an illegal alien cannot be deported from the United States. If you are detained and issued a deportation notice, you will have two options for your US-born child or children. You can choose to leave your child or children in the care of a trusted individual who agrees to become their legal guardian or travel to your country of origin with them.
If a parent opts to leave their child in the United States and they don’t have a friend or family member willing and able to become their child’s legal guardian, the child in question will become a ward of the state. Children who become state wards will be placed into the foster system. So parents need to think carefully before leaving their children in the United States without a willing guardian to raise them.
Obtain Permanent Residency With Help From Your Child
Once a child who is a US citizen turns 21, they can sponsor their parents and gain permanent residency in the United States. This makes it extremely difficult for children to help their parents gain green cards. Firstly, it is unlikely that their potentially undocumented parents will be able to remain in the United States for such a long period without being caught and deported.
Secondly, for a child to petition for green cards for their parents, they’ll have to prove they have the finances to support their parents in the United States. In some cases, an adult child may only be able to afford to sponsor one of their parents, which can be problematic.
Deportation Of Undocumented Foreign-Born Children
While children born in the US cannot be legally deported from the country, children who are illegal aliens can be deported to the country they were born. Due to this law, many families are separated due to deportations. Children born US citizens leave the country with the rest of their families and lose out on all the opportunities the United States offers.
If You Are Caught Hiding From Immigration Authorities As An Illegal Alien
Suppose you are caught hiding as an illegal alien. In that case, immigration authorities will likely transport you to a detention center, where officers guard you until your immigration hearing. In some situations, you may be able to await your immigration hearing in your home by posting bail.
You may also wonder whether authorities will hold your US-born child in your detention center with you. As long as you can prove that they were born in the United States, they should be able to stay with a trusted friend or family member.
If your child born in the US is illegally detained in a detention center, hire an attorney to represent them and help free them from that facility. However, if you have children born outside of the United States who are not legal residents, they will likely be held in a detention center with you.
Summary
Suppose you are currently residing in the United States as an undocumented alien. It is important to remember the consequences of having a child in the United States to try and remain in the country. Giving birth to a child who is a US citizen will not grant you permanent residency. If you require further immigration advice, it’s a good idea to contact an experienced immigration attorney.
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FAQs
The child's birth in the U.S. does not change the immigration status of the parents, and they may still be subject to deportation if they are in the country without authorization.
Can I stay in USA if my child is born in USA? ›
While giving birth in the U.S. does not directly grant you any type of immigration status, there may be pathways that can help you remain in the U.S. permanently. These alternatives can include family-sponsored visas, employment-based visas or other immigration categories.
Is an illegal immigrant has a baby in the US is the baby a citizen? ›
Immigration status (USA)
Most constitutional scholars agree that the 14th Amendment of the U.S. Constitution provides birthright citizenship even to those born in the United States to illegal immigrants.
Can you get deported if you are a U.S. citizen? ›
Natural-born U.S. citizens maintain citizenship through the 14th Amendment, so they cannot be denaturalized or deported. However, a citizen can choose to renounce their citizenship.
Can I be deported if I have children? ›
Yes, you can be deported if you have a child in the UK. If your child is under 18 and doesn't have their own indefinite leave to remain and/or has been living with you, they are liable to be deported with you. This is the case even if they have not broken any immigration rules themselves.
What happens if a foreigner has a baby in the USA? ›
Birth Citizenship is still protected under the Constitution for all individuals regardless of their nationality. There's nothing illegal about having your child here as far you pay for your hospital stay.
What if a tourist baby is born in the USA? ›
Although your child will get automatic citizenship upon their birth, it doesn't automatically give you citizenship as well. You will likely come to the attention of immigration officers, who want to know that you intend to return to your home country.
What happens if I give birth in USA visa? ›
Can I lose my visa if I have my baby in the United States of America? No. Unless you do not pay your medical bill, you cannot lose your visa for delivering your baby in the United States of America.
What are the benefits of a child born in USA? ›
Automatic Citizenship: A child born on U.S. soil is granted automatic citizenship, opening doors to numerous opportunities as they grow. Educational Prospects: The United States offers a plethora of esteemed educational institutions, ensuring quality education for your child.
Does giving birth in USA give citizenship? ›
This is called "birthright citizenship" and is protected by the 14th Amendment to the U.S. Constitution, which (in Section 1) states the following: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
The 14th Amendment of the U.S. Constitution protects the so-called “birth right citizenship”. It states that all persons born or naturalized in the country are automatically U.S. citizens. This is a lifelong right unless you or your children file an oath to renunciate your status.
Do you get green card if you have a baby in the USA? ›
Parents of a child born in the USA can apply for a Green Card if their child is 21 years old or over and they plan to live in the USA on a permanent basis. If they spend the majority of their time overseas then they could be refused a Green Card.
What can get you deported from us? ›
The U.S. may detain and deport noncitizens who:
- Participate in criminal acts.
- Are a threat to public safety.
- Violate their visa.
A person being deported will not pay for their deportation costs. For example, an individual facing deportation will not need to pay for their international plane tickets. Now, you may ask if those who get deportation orders can ask for a stay extension in the country.
Who pays for the flight if you get deported from the US? ›
For the US (it may be the same in some other countries): If you're refused entry to a country, then the airline has to pay to take you back to where you boarded. If you agree to depart voluntarily (self-deport) as part of a pre-trial settlement, then you buy your ticket.
Can parents get U.S. citizenship through my child? ›
Immigrating to the U.S. through a U.S. citizen child is a possibility, but has some major limitations. The biggest is the child's required age. Only parents of a U.S. citizen who is at least age 21 are considered eligible to immigrate.
Can a U.S. citizen by birth lose citizenship? ›
No, there are very specific circ*mstances that could result in the loss of US citizenship. You may lose your U.S. citizenship in specific if you: Run for public office in a foreign country (under certain conditions); Enter military service in a foreign country (under certain conditions);
