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FAQs About Trump Birthright Citizenship Order for H-1B, F-1, and L-1 Families

At Reddy Neumann Brown PC, recent changes to U.S. citizenship rules can be confusing and even stressful for families living here on temporary visas. We’re here to help explain things clearly. This article breaks down the new executive order on birthright citizenship and answers common questions so you can understand what it means for your family.

General FAQs About Birthright Citizenship and Nonimmigrant Families

  1. What does the executive order state about birthright citizenship? The executive order specifies that children born in the U.S. will not automatically acquire U.S. citizenship if both parents are either unlawfully present or on temporary visas and neither parent is a U.S. citizen or lawful permanent resident.
  2. When does this policy take effect? The policy takes effect 30 days from the date the order was issued on January 20, 2025. Thus, it applies to children born on or after February 19, 2025.
  3. What is considered a temporary visa under this order? Temporary visas include H-1B (specialty occupation workers), H-4 (dependents of H-1B), F-1 (students), J-1 (exchange visitors), L-1 (intra-company transferees), L-2 (dependents of L-1), B-1 (business visitors), B-2 (tourists), O-1 (extraordinary ability), P-1 (athletes and entertainers), TN (NAFTA professionals), and more.
  4. Are children born before the effective date affected by this policy? No, the policy only applies to children born in the U.S. on or after February 19, 2025.
  5. Will a child born to parents on H-1B and F-1 visas acquire U.S. citizenship? No, under the new policy, a child born to parents both on temporary visas, such as H-1B and F-1, will not automatically acquire U.S. citizenship.
  6. What if one parent is a U.S. citizen or lawful permanent resident? Children born in the U.S. to one parent who is a U.S. citizen or lawful permanent resident will still automatically acquire citizenship, regardless of the other parent’s status.
  7. Does this policy impact children of asylum seekers or refugees? This policy specifically targets birthright citizenship for children of parents unlawfully present or on temporary visas. Asylum seekers or refugees may be impacted depending on their status at the time of the child’s birth.
  8. How does this policy affect families planning to have children in the U.S.? Families on temporary visas planning to have children in the U.S. should be aware that their children may not automatically acquire citizenship. Such families may need to explore alternative pathways for their child’s immigration status.
  9. Will this policy affect visa applications for nonimmigrants? No direct impact on visa applications is stated in this order; however, it may influence decision-making for families considering extended stays in the U.S.
  10. Can the child apply for citizenship later in life? Children born under these circumstances may pursue other pathways to citizenship, such as sponsorship by a parent who later becomes a U.S. citizen or permanent resident.
  11. What if the mother’s visa status changes during the pregnancy? The determination will be based on the parents’ visa status at the time of the child’s birth.
  12. Will this policy affect green card applications for parents? The executive order does not directly affect green card applications but may indirectly influence decisions for families seeking permanent residency.
  13. Can this policy be legally challenged? Yes, the policy is subject to judicial review and potential challenges on constitutional grounds, particularly regarding the interpretation of the 14th Amendment. However, the resolution of such cases may take 3-5 years.
  14. Are children born in U.S. territories affected? The policy applies to children born within the 50 states and Washington, D.C. Its applicability to U.S. territories may require clarification.
  15. How will hospitals verify the parents’ immigration status? Hospitals are not responsible for determining a child’s citizenship status. This determination is made during the registration of the child’s birth with civil authorities.
  16. Can a child born under these circumstances be deported? A child born in the U.S. who does not acquire citizenship will generally be considered under the immigration status of the parents. Deportation would depend on the family’s overall legal status in the U.S.
  17. What steps can families take to understand their child’s status? Families should carefully document their immigration status and understand the implications of this policy. Keeping records of visa status and other relevant documents will be essential for determining the child’s eligibility for future immigration benefits.

Nonimmigrant Visa-Specific Questions

  1. Are children born to H-1B and H-4 visa holders affected? Yes, children born in the U.S. to parents on H-1B and H-4 visas will not automatically acquire U.S. citizenship under this policy.
  2. What about children of L-1 and L-2 visa holders? Similarly, children born to parents on L-1 and L-2 visas will not automatically acquire U.S. citizenship.
  3. Are children of F-1 students affected? Yes, children born in the U.S. to F-1 students or their dependents will not acquire automatic citizenship.
  4. What happens to children of J-1 exchange visitors? Children of J-1 exchange visitors and their dependents will also be subject to this policy.
  5. Do children of TN visa holders acquire citizenship? No, children born to TN visa holders will not automatically acquire U.S. citizenship.
  6. What if the person is on a nonimmigrant visa and has an approved I-140?
    Even if the individual has an approved I-140 petition, children born in the U.S. will not automatically acquire citizenship under the new rules.
  7. What if the person is in Adjustment of Status (employment-based) and has an EAD, and the child is born? Children born to individuals in Adjustment of Status with an EAD will not automatically acquire U.S. citizenship under this policy.

Impact on Children’s Immigration Status

  1. How can children born under these circumstances remain in the U.S.? These children may apply for dependent nonimmigrant status, such as H-4, L-2, or F-2, based on their parents’ visa categories.
  2. Can children remain in the U.S. without acquiring citizenship? Yes, they can remain in the U.S. under a valid nonimmigrant status granted through their parents’ visas.
  3. What happens if a parent’s visa expires? The child’s nonimmigrant status would generally depend on the parents’ visa validity. Families should ensure timely renewals or status adjustments to avoid lapses.
  4. Will USCIS automatically grant dependent status? No, families must apply for dependent nonimmigrant visas for the child, either in the U.S. or at a U.S. consulate abroad.
  5. Can children leave and re-enter the U.S. on a dependent visa? Yes, if the child holds a valid dependent visa, they can leave and re-enter the U.S., subject to normal immigration procedures.
  6. Which country will the child be considered a national of—India, the U.S., or another country? USCIS may need to clarify this issue, as the country of birth is already a consideration in employment-based immigration cases.

Future Pathways and Alternatives

  1. Can these children adjust their status to a green card later? They may adjust status through family or employment-based pathways, similar to other nonimmigrant visa holders.
  2. Are there education-based options for children as they grow older? Yes, they may transition to F-1 student status if pursuing higher education in the U.S.
  3. Can a parent sponsor the child for citizenship later? If the parent becomes a U.S. citizen, they can sponsor the child for a green card, leading to citizenship eligibility.
  4. Does the policy affect travel plans for families? Families should plan international travel carefully, ensuring the child’s visa status is secured before leaving the U.S.
  5. Are there risks of overstaying dependent visas? Overstaying a dependent visa can result in unlawful presence and potential bars to re-entry for the child.

Practical Considerations for Nonimmigrant Families

  1. What documentation should families maintain? Families should keep records of their visa status, I-94 forms, and other immigration documents to support the child’s status.
  2. What happens to children aging out of dependent status? Once a child ages out, they may need to transition to an independent visa category, such as F-1 for students.
  3. Is this policy permanent? Policies may change with future administrations or judicial rulings, so staying informed is essential.

This new executive order marks a big change in how U.S. citizenship works, especially for families on temporary visas. It’s important to know what this means for your family and plan ahead. Staying informed and taking steps to prepare can help you make the best decisions for your kids’ future. At Reddy Neumann Brown PC, we’re here to support you and help you navigate these changes every step of the way.

Redraft to add more faqs – the additoan questions give it at the bottom

 to include the following  questions – fi the person is in adjust of status – employment based and has ead and the child is born will he get the citizethip – thechidren born to these people will not get automatic citizenship 

What if the person is on non immgrant visa and I-140 is approved- answer is still child will not get automatic citzenip.

Which country will the child be considered – india rest of the world – answer to this one is uscis migh thave to come up with answers to these questions as now they consider the country of birth also for other countries in employment based immigration issues. 

By: Rahul Reddy

Rahul Reddy, a seasoned lawyer in the realm of employment-based immigration, is the founding partner of Reddy Neumann Brown PC With an impressive career spanning over 28 years, he inaugurated the firm in 1997, bringing a wealth of knowledge and a unique perspective to the intricate landscape of immigration law.

Rahul’s understanding of the complexities inherent in the immigration system is vast and nuanced, making him an indispensable resource in this specialized field. This comprehensive expertise, coupled with his personal encounters with the immigration system, has imbued him with a profound empathy for his clients. Each case he undertakes is informed by this personal connection, as he understands the unique challenges and aspirations that drive individuals to navigate the immigration process.

Passionate and committed, Rahul is driven by a desire to assist others in realizing the quintessential American Dream. His mission, underpinned by years of professional experience and personal insight, remains focused on providing excellent legal support to those seeking employment-based immigration solutions.