Did you know that the United States is one of the few countries in the world that grants automatic citizenship to anyone born on its soil? That’s right—if a baby is born in the U.S., they are typically granted U.S. citizenship by birth, regardless of their parents’ nationality.
But before making plans, it’s important to understand the rules, limitations, and practical concerns involved with this process—especially for foreign nationals.
U.S. Citizenship by Birth: The Basics
Under the 14th Amendment to the U.S. Constitution, most children born in the U.S. are automatically granted birthright citizenship. This rule applies no matter what visa or immigration status the parents have—whether it’s a tourist visa, a visa waiver program, or any other temporary stay.
However, there is one big exception:
Children born in the U.S. to foreign diplomats are not eligible for U.S. citizenship at birth.
For everyone else, giving birth on U.S. soil means the child is considered a natural-born U.S. citizen, eligible for a U.S. passport and all rights of citizenship.
What About the Parents?
While the child becomes a U.S. citizen automatically, this does not give any immediate immigration rights to the parents. Here’s the reality:
- Parents do not gain legal immigration status just because their child is a citizen.
- Once the child turns 21 years old, they can sponsor their parents for permanent residency (a green card), but even then, the process has specific legal requirements and is not guaranteed.
So, although the baby gets full U.S. citizenship, the parents must follow standard immigration rules if they want to stay or live in the U.S. long term.
Can You Travel to the U.S. Just to Give Birth?
Technically, yes—but it comes with risks. Many foreign women consider traveling to the U.S. while pregnant to give their child U.S. citizenship. However:
- U.S. border officers are trained to spot travelers coming with the intent to give birth. If they suspect “birth tourism,” they may deny entry.
- Customs and Border Protection (CBP) has the right to refuse entry if they believe you’re not entering for the purposes stated on your visa.
Additionally, there’s no guarantee of hospital care if you’re not prepared.
The Cost of Giving Birth in the U.S.
Giving birth in the U.S. can be very expensive without health insurance. Here’s what to expect:
- A standard delivery can cost between $10,000 and $15,000.
- If a C-section is required, the cost can go above $20,000.
- These costs do not include prenatal care, follow-up visits, or possible complications.
In short, giving birth in the U.S. is not only legally complex—it can also be financially demanding.
Conclusion.
While birthright citizenship in the U.S. is a legal reality, it’s important to approach the process with full awareness of the risks, costs, and limitations. If you’re considering this route, it’s a good idea to talk to E. CHATZIDIMITRIOU LLC Law Firm at any stage of the process, do not hesitate to call +1 347 (403) 47-89 or E-mail.