To any couple, a child is a life-changing occasion, but there are special legal complexities when it comes to immigrant couples expecting in the US. From your child’s citizenship to healthcare and social security, the information available can be overwhelming to discern. We will discuss some of the most important legal factors for immigrant couples when getting pregnant in the US in this article.
1. Your Child’s Immigration and Citizenship for The First Time.
One of the first things that any immigrant couple should consider is whether their child is a citizen or not. American citizens are almost automatically U.S. citizens if the child was born on American soil, regardless of immigration status. This is called birthright citizenship.
Thus, if the parents are illegal immigrants or living in the U.S. on a nonimmigrant visa, their child will likely still be a citizen of the United States. But it’s important to keep in mind that this citizenship status doesn’t necessarily confer legal immigration status or rights on the parents.
Immigrant couples also need to know if they’ll have a U.S.-born child to stay on the immigration path. For example, if one parent is on a visa to the U.S., they would need to know how a child’s birth could affect their visa status. Some types of visas require an announcement to the immigration department if the child is born. Additionally, if the child later wants to apply for the parents to sponsor them for immigration once they’re 21, it’s important to know about possible lag times or obstacles.
2. Healthcare During and After Childbirth.
The couple’s pregnancy is the top issue for accessing quality healthcare while expecting and during birth. But for immigrant people, US healthcare can be a minefield. Immigrant couples are not always subject to the same regulations as others, and some might be denied access to services.
As an example, those with undocumented or temporary visa status can not receive all health programs, depending on their state and federal regulations. Having said that, it’s always a good idea to check on your options for healthcare, as well as state programs that offer assistance to all immigrants regardless of status.
Couples with upcoming immigrant babies also need to research Medicaid and other government programs that could help, even if they are not U.S. citizens. You may have eligibility for pregnancy and children, and in some states, Medicaid has expanded to include them.
3. Access to Public Benefits and Services
Immigrant families have a difficult time getting their hands on public benefits when having children. Public benefits are government programs to help family members (you may qualify depending on your immigration status). For instance, certain programs may not apply to lawful permanent residents or U.S. citizens, and others may be only for immigrants with various statuses.
Know which programs you are eligible for and how your receiving public benefits can impact your future immigration cases. Some of these benefits, such as the Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance for Needy Families (TANF), may be subject to immigration status. In some circumstances, public benefits could influence the immigrant’s application for a green card or citizenship.
4. Child Custody and Parental Rights
If it’s about child custody and parental rights, immigration status shouldn’t stand in your way of making sure your child is okay. It’s important for parents to know what they are entitled to and to have their parental duties and guardianship formally recorded.
If one parent is not a U.S. citizen or unclearly ill-educated, you should consult both an immigration attorney and a family lawyer. The two of them can come together and establish a strategy to ensure your child’s future and that both parents have legal access to their child. This is particularly true in cases where there may be a question of custody during times of emergency or litigation.
Legal guardianship or a signed letter can give you some reassurance that your child’s interests will not be in jeopardy, no matter what happens to your immigration status.
How Expecting Immigrant Parents Can Seek Legal Status
Navigating the complexities of U.S. immigration law can be daunting for expecting immigrant parents. However, there are several pathways available for these individuals to gain legal status in the United States. This guide explores various options, emphasizing the importance of legal counsel throughout the process.
Pathways for Legal Status
Family-Sponsored Immigration:
U.S. citizens and lawful permanent residents can sponsor their relatives for immigration. For instance, a U.S. citizen can petition for their spouse and children, while a permanent resident can only sponsor their spouse and unmarried children. This sponsorship is initiated by filing Form I-130, Petition for Alien Relative, which establishes the relationship between the petitioner and the beneficiary.
Adjustment of Status:
If an immigrant parent is already in the U.S., they may apply for an adjustment of status to become a lawful permanent resident without leaving the country. This process involves submitting Form I-485, Application to Register Permanent Residence or Adjust Status. It is crucial to ensure that the individual entered the U.S. legally to qualify for this option.
Seeking Asylum:
In cases where immigrant parents face persecution in their home countries, they may apply for asylum. This process requires demonstrating a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Filing for asylum must occur within one year of entering the U.S., although exceptions exist.
The Role of Birth Certificates and Immigration Documentation
Obtaining a birth certificate for a child born in the U.S. is vital for immigrant parents. This document serves several important functions:
- Social Security Number: A birth certificate is necessary to secure a Social Security number (SSN) for the child, which is essential for accessing various services and benefits.
- Future Immigration Procedures: The birth certificate can also be used by parents when navigating future immigration or citizenship procedures, such as applying for residency or citizenship based on their child’s status.
Impact of Childbirth on Visa Holders
For immigrant parents holding specific visa types (e.g., H-1B, F-1), childbirth can impact their immigration status significantly:
- H-1B Visa Holders: These individuals may need to consider extending their visas if they wish to remain in the U.S. after childbirth. The birth of a child does not automatically grant any immigration benefits.
- F-1 Visa Holders: Students on F-1 visas must maintain full-time enrollment in their educational programs. If they give birth during their studies, they should consult with their designated school official (DSO) to understand how this may affect their status.
- L-1 Visa Holders: Similar to H-1B holders, L-1 visa holders must be aware of their visa conditions and how having a child may influence their ability to remain in the U.S.
Applying for U.S. Citizenship Through Children
Once an immigrant parent has a child who becomes a U.S. citizen (for example, through birth), there are potential pathways to legal status:
- Sponsorship by Citizen Children: U.S. citizen children can sponsor their immigrant parents for lawful permanent residency once they reach 21 years of age. This process involves filing Form I-130 and demonstrating that the parent-child relationship exists.
Seeking a Green Card Through Marriage to a U.S. Citizen
Marriage to a U.S. citizen provides another avenue for immigrant couples expecting a child:
- Marriage-Based Green Card Application: Immigrant spouses can apply for permanent residency through marriage by filing Form I-130 alongside Form I-485 if they are already in the U.S.
- Required Documentation: Essential documents include proof of marriage (e.g., marriage certificate), evidence of a bona fide relationship (e.g., joint bank accounts, photographs), and any prior immigration documentation.
- Potential Timelines: The processing time can vary but generally takes several months to over a year depending on individual circumstances and USCIS workload.
Importance of Legal Counsel
Given the complexities involved in immigration processes, seeking legal counsel is highly advisable for expecting immigrant parents:
- Expert Guidance: An immigration attorney can help navigate the various pathways available based on individual circumstances and ensure compliance with all legal requirements.
- Avoiding Pitfalls: Legal professionals can assist in avoiding common pitfalls that could jeopardize an application or lead to delays.
Temporary Protected Status (TPS) for Expecting Immigrant Parents
Temporary Protected Status (TPS) offers a crucial lifeline for certain immigrants, including expecting parents from designated countries facing extraordinary conditions. This status allows individuals to live and work legally in the U.S. until it is safe for them to return home. Understanding TPS is essential for immigrant families navigating the complexities of U.S. immigration laws.
What is Temporary Protected Status (TPS)?
TPS is a humanitarian relief program established by the Immigration Act of 1990, allowing nationals from specific countries experiencing armed conflict, environmental disasters, or other extraordinary conditions to remain in the U.S. without fear of deportation. As of March 2024, TPS has been granted to individuals from countries such as El Salvador, Haiti, Honduras, and Syria.
Eligibility Criteria: To qualify for TPS, applicants must:
- Be a national of a designated country or a stateless person who last resided in that country.
- Have been continuously present in the U.S. since the date of TPS designation.
- Meet specific security and criminal background checks.
- Apply within the designated registration period.
Once granted TPS, individuals receive protection from deportation, and employment authorization, and may apply for travel authorization. However, it is important to note that TPS does not provide a direct path to permanent residency or citizenship.
Considerations for Undocumented Immigrant Couples Expecting a Child
Undocumented immigrant couples face unique challenges when expecting a child in the U.S. The risks include potential deportation and separation from their newborn if they are apprehended by immigration authorities. Here are some considerations:
- Deportation Risks: Undocumented immigrants are at risk of detention and deportation at any time. This risk increases significantly during interactions with law enforcement or immigration officials.
- Seeking Asylum: For those facing persecution in their home countries, applying for asylum may be an option. This process requires demonstrating a well-founded fear of persecution based on specific grounds such as race or political opinion. However, asylum applications must typically be filed within one year of entering the U.S.1.
- Other Forms of Relief: Undocumented parents can explore other forms of relief that may provide legal standing, such as U visas for victims of crime or T visas for trafficking survivors.
The Role of Legal Counsel for Expecting Immigrant Couples
Consulting with an immigration lawyer is vital for expecting immigrant couples. Legal counsel can help navigate complex immigration laws and identify the best options available based on individual circumstances. Here are key reasons why legal advice is essential:
- Understanding Rights: An attorney can clarify the rights of undocumented immigrants and outline potential pathways to legal status.
- Application Assistance: Legal counsel can assist with preparing and submitting applications for TPS, asylum, or other forms of relief, ensuring all necessary documentation is included.
- Risk Mitigation: Lawyers can help couples understand the risks involved in their situations and develop strategies to minimize those risks while pursuing legal options.
Health Care Access and Rights for Immigrant Parents and Their Children
Access to healthcare is crucial for expecting immigrant parents and their children. Here are important points regarding healthcare rights:
- Prenatal Care Access: Many states provide access to prenatal care services regardless of immigration status. Programs like Medicaid may cover prenatal services for low-income pregnant women, including undocumented immigrants in some states.
- Eligibility Requirements: Eligibility for Medicaid varies by state; some states have expanded coverage under the Affordable Care Act (ACA) to include undocumented immigrants during pregnancy.
- Challenges: Despite available services, many immigrant families face barriers such as language differences, lack of awareness about available programs, and fear of seeking care due to immigration status.
How Childbirth Affects the Immigration Status of Parents
The birth of a child can significantly impact the immigration status of undocumented parents:
- U.S. Citizen Children: Children born in the U.S. automatically acquire citizenship. While this does not directly alter their parents’ immigration status, it can provide opportunities down the line. Once these children reach 21 years old, they can sponsor their parents for lawful permanent residency (green cards).
- Adjustment Opportunities: In some cases, having a U.S. citizen child might allow parents to apply for certain forms of relief or adjustment of status that they would not otherwise qualify for.
- Risks for Undocumented Parents: While childbirth can create opportunities, it also carries risks. Undocumented parents may face increased scrutiny from immigration authorities when seeking healthcare or assistance related to childbirth.
Parenting a child in the United States poses certain special hurdles for immigrant couples but they can be overcome if they have proper legal education and preparation. From getting your child’s citizenship status to receiving health care and public services, these are some essential things immigrant parents can do to make the transition as easy as possible.
It’s best to contact a skilled immigration attorney and family law lawyer if you’re not sure or are concerned about your immigration, citizenship, or parental rights, and then make sure that the future of your family is secure. If you’re guided properly, you can calmly prepare for your new baby while preserving your legal rights and immigration options.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for a B-2 Visa or a U Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can help you.
